Mt. San Jacinto Community

Mt. San Jacinto Community College District

Administrative

Procedures Table of Contents

CHAPTER 2 – BOARD OF TRUSTEES...... 3 CHAPTER 3 – GENERAL INSTITUTION...... 30 CHAPTER 4 - ACADEMIC AFFAIRS...... 97 CHAPTER 5 – STUDENT SERVICES...... 147 CHAPTER 6 – BUSINESS AND FISCAL AFFAIRS...... 212 CHAPTER 7 – HUMAN RESOURCES...... 364

- 2 - CHAPTER 2 – BOARD OF TRUSTEES

AP 2015 Student Members...... 4 AP 2105 Election of Student Members...... 5 AP 2110 Vacancies on the Board...... 6 AP 2320 Special and Emergency Meetings...... 8 AP 2340 Agendas...... 9 AP 2341 Removing an Item from a Published Board Agenda...... 10 AP 2360 Minutes...... 11 AP 2365 Recording...... 12 AP 2410 Policy and Administrative Procedures...... 13 AP 2510 Participation in Local Decision-Making...... 14 AP 2610 Presentation of Initial Collective Bargaining Proposals...15 AP 2710 Conflict of Interest...... 17 AP 2712 Conflict of Interest Code...... 20 AP 2735 Board Member Travel...... 29

- 3 - Mt. San Jacinto Administrative Procedures Community College District Chapter 2 1499 N. State Street Board of Trustees San Jacinto, CA 92583-2399

New: April 18, 2007 Page 1 of 1 AP 2015 Revisions:

AP 2015 Student Members

Reference: Education Code Section 72023.5

The Student Trustee shall be selected by the ASB in accordance with Board Policy.

The student member shall be a resident of California at the time of nomination, and during the term of service. The student member shall be enrolled in and maintain a minimum of six (6) or more credit units at Mt. San Jacinto College in the semester of nomination and must be enrolled in and successfully complete at least six (6) credit units each semester while in office.

If the student representative becomes ineligible or fails to attend three consecutive meetings of the Board, the Board of Trustees will call for a special election by the general student population to replace the student for the remainder of the current term.

ELIGIBILITY

The student:  Must not be an executive officer of the Associated Student Government;  Must have experience or familiarity with student government or student representation;  Must alternate each year between a student of the San Jacinto Campus and the Menifee Valley Campus student populations.

RESPONSIBILITY

The student member (trustee) is required to:  Attend meetings of the board of trustees;  Complete a district employment packet;  Submit a timesheet for each board meeting attended.

AP 2105 Election of Student Members

The student member shall be elected by a plurality vote of those voting in a regular election of the student body. All members of the student body may vote.

The student member may be recalled in an election conducted in the same manner as the election to office. An election will be called upon presentation to the Superintendent/President of a petition signed by a simple majority of the students enrolled at the time of filing the petition. No recall election will be held if the petition is received within 90 days of a regularly scheduled election for student member.

AP 2110 Vacancies on the Board

Reference: Education Code Section 5090 et seq.; Government Code Section 1770, 6061

When the Board determines to fill the vacancy by appointment, the Superintendent/President shall assure that there is ample publicity to and information for prospective candidates. Publicity shall include posting in three public places in the District and publication in a newspaper of general circulation. (Note: This publication, which is required by Section 6061 of the Government Code, is only required to be published once. If there is no newspaper of general circulation published in the District, notice need not be published.)

The District may also publicize the notice on the web.

The posted note of vacancy shall include directions regarding applications or nominations of legally qualified candidates. Persons applying or nominated must meet the qualifications required by law for members of the Board.

Persons applying for appointment to the Board shall receive a letter from the Superintendent/President, or designee, containing information about the District and the Board, and including a candidate information sheet to be completed and returned by a specific date.

The Board shall request personal interviews with candidates. Interviews will be conducted in a public hearing scheduled for that purpose.

Each Board member will review all candidate information sheets, with final selection made by a majority vote of the Board members at a public meeting called for that purpose.

Whenever a provisional appointment is made, the Board shall, within 10 days of the provivisional appointment, post notices of both the actual vacancy or the filing of a deferred resignation and the provisional appointment in three public places in the District. It shall also publish a notice in a newspaper of general circulation. (Note: This publication, which is required by Section 6061 of the Government Code, is only required to be published once. If there is no newspaper of general circulation published in the District, notice need not be published.)

The notice shall state the fact of the vacancy or resignation and the date of the

- 6 - occurrence of the vacancy or the date of the filing of, and the effective date of the resignation. It shall also contain the full name of the provisional appointee to the board, the date of appointment, and a statement that unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.

A provisional appointment confers all powers and duties of a governing board member upon the appointee immediately following his or her appointment.

A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for governing board members. An election shall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur.

AP 2320 Special and Emergency Meetings

Reference: Government Code Sections 54956, 54956.5; Education Code Sections 72023.5, 72129

The District will adhere to the Brown Act – Special and Emergency Meetings requirements.

AP 2340 Agendas

Reference: Education Code Section 72121

Agendas shall be developed by the Superintendent/President.

If requested, the agenda shall be provided in appropriate alternative formats so as to be accessible to persons with a disability.

AP 2341 Removing an Item from a Published Board Agenda

On occasions when a member of the MSJC Board of Trustees would like to remove an item for consideration from the published Board Agenda the following procedure applies:

1. The Board member will identify the item by agenda item number and request that the item is removed for consideration from the agenda.

2. The MSJC Board Chair will acknowledge the request for removal and ask for a motion and second. If a motion and second are made the item will be opened for discussion should further clarification be requested.

3. A motion, second and majority vote in favor of the motion is needed to remove an item otherwise the motion fails and the item remains on the agenda.

Occasionally, circumstances arise where an administrative item placed on the agenda is not ready for consideration by the members of the MSJC Board of Trustees. It is anticipated that under these circumstances the Superintendent/President would request that the Board President remove the item from the agenda. If no Board Member objects then the item will be removed. If an objection is raised the Board will follow the voting procedure.

AP 2360 Minutes

Reference: Education Code Section 72121(a)

Majority of the board must approve any additional materials and discussion asked to be added to the official minutes of record.

AP 2365 Recording

Reference: Government Code Section 54953.5

The District shall adhere to the maintenance of records (taping or recording) in accordance with the California public records act.

AP 2410 Policy and Administrative Procedures

Reference: Education Code Section 70902; Accreditation Standard IV.B.1.b&e

Sector area administrators will identify and define chapter responsibilities for review and updating of policy and administrative procedures.

Policy and Administrative Procedures will be developed utilizing the District’s shared governance structure. All policy matters require board of trustee approval.

Administrative Procedures regarding criteria for submitting change proposals (revisions, deletions or additions) will be developed utilizing the District’s shared governance structure.

AP 2510 Participation in Local Decision-Making

Reference: Education Code Section 70902(b)(7); Title 5, Sections 53200 et seq.; 51023.5; 51023.7; Accreditation Standard IV.A.2, IV.A.5

The District will adhere to the agreed upon Shared Governance guidelines as outlined in the Board approved Shared Governance document, current District negotiated contracts, applicable Education Code and Title V Regulations.

 Education Code 66450: distribution of academic presentations  Education Code 87458: administrative retreat rights  Education Code 87359: equivalencies to minimum qualifications  Education Code 87360: faculty hiring  Education Code 87663: faculty evaluation  Education Code 87610.1: faculty tenure  Education Code 87743.2: faculty service areas  Title 5 55022: curriculum committee  Title 5 53204: academic senate/union agreements

AP 2610 Presentation of Initial Collective Bargaining Proposals

Reference: Government Code Section 3547

Whenever an initial collective bargaining proposal is received from an exclusive representative of District employees, or whenever the District’s own negotiator presents an initial proposal, the following actions must be taken at public meetings of the Board of Trustees:

The exclusive representative or the District must present the initial collective bargaining proposal orally or in writing to the Board at a public meeting.

The public shall have an opportunity to respond to the exclusive representative’s or District’s initial proposal at a subsequent public Board meeting. The opportunity for public response shall appear on the Board’s regular agenda. Public response shall be taken in accordance with the Board’s policies regarding speakers.

After the public has an opportunity to respond to an initial proposal presented by the District, the Board shall, at the same meeting or a subsequent meeting, adopt the District’s initial proposal. The adoption shall be indicated as a separate action item on the Board agenda. There shall be no amendment of the District’s initial proposal unless the public is again afforded a reasonable opportunity to respond to the proposed amendment at a public meeting.

If new subjects of meeting and negotiating arise after the presentation of initial proposals, the following procedure shall be followed: all new subjects of meeting and negotiating, whether proposed by the exclusive representative or the District, shall be posted by the District in the same public place as it posts its agendas within twenty-four (24) hours after their presentation in negotiations.

When a request to reopen a collective bargaining agreement, as required by the agreement, is received from an exclusive representative or is made by the District, the public notice procedure outlined in this procedure shall be followed.

When the District and the exclusive representative agree to amend an executed collective bargaining agreement in accordance with the agreement, the following procedure shall be followed:

- 15 - The amendment shall appear on the agenda as a notice item, for action at a subsequent Board meeting.

The public shall have an opportunity to respond to the amendment at a subsequent Board meeting. The public response shall be indicated on the agenda.

AP 2710 Conflict of Interest

Reference: Government Code Sections 87105, 87200-87210; Title 2, Section 18700 et seq.; and as listed below

Incompatible Activities (Government Code Section 1126, 1099) Board members shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to the Board member’s duties as an officer of the District. A board member shall not simultaneously hold two public offices that are incompatible. When two offices are incompatible, a board member shall be deemed to have forfeited the first office upon acceding to the second.

Financial Interest (Government Code Section 1090 et seq.) Board members and designated employees shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as members of the Board or as designated employees.

A board member shall not be considered to be financially interested in a contract if his or her interest meets the definitions contained in applicable law (Government Code Section 1091.5)

A board member shall not be deemed to be financially interested in a contract if he or she has only a remote interest in the contract and if the remote interest is disclosed during a board meeting and noted in the official board minutes. The affected board member shall not vote or debate on the matter or attempt to influence any other member of the Board to enter into the contract. Remote interests are specified in Government Code Sections 1091(b); they include, but are not limited to, the interest of a parent in the earnings of his or her minor child.

No Employment Allowed (Education Code Section 72103(b)) An employee of the District may not be sworn in as an elected or appointed member of the governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. This provision does not apply to an individual who is usually employed in an occupation other than teaching and who also is, at the time of election to the board, employed part time by the District to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation (Education Code Section 72103(b)).

- 17 - Financial Interest in a Decision (Government Code Section 87100 et seq.) If a board member or designated employee determines that he or she has a financial interest in a decision, as described in Government Code Section 87103, this determination shall be disclosed and made part of the Board’s official minutes. In the case of a designated employee, this announcement shall be made in writing and submitted to the Board. A board member, upon identifying a conflict of interest, or a potential conflict of interest, shall do all of the following prior to consideration of the matter:  Publicly identify the financial interest in detail sufficient to be understood by the public;  Recuse himself or herself from discussing and voting on the matter;  Leave the room until after the discussion, vote, and any other disposition of the matter is concluded unless the matter is placed on the agenda reserved for uncontested matters. A board member may, however, discuss the issue during the time the general public speaks on the issue.

Gifts (Government Code Section 89503) Board members and any employees who manage public investments shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law.

Designated employees shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law if the employee would be required to report the receipt of income or gifts from that source on his/her statement of economic interests.

The above limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.

Gifts of travel and related lodging and subsistence shall be subject to the above limitations except as described in Government Code Section 89506.

A gift of travel does not include travel provided by the District for board members and designated employees.

Board members and any employees who manage public investments shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering (Government Code Sections 89501, 89502).

Designated employees shall not accept any honorarium that is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering, if the employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. The term “honorarium” does not include:  Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession unless the sole or predominant activity of the business, trade or profession is making speeches.

- 18 -  Any honorarium that is not used and, within 30 days after receipt, is either returned to the donor or delivered to the District for donation into the general fund without being claimed as a deduction for income tax purposes.

Representation (Government Code 87406.3) Elected officials shall not, for a period of one-year after leaving their position, act as an agent or attorney for, or otherwise represent for compensation, any person appearing before that local government agency.

AP 2712 Conflict of Interest Code

Reference: Title 2, Section 18730; Government Code Sections 87103(e), 87300-87302, 89501, 89502 and 89503

Pursuant to Section 18730 of Title 2 of the California Code of Regulations, incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect.

A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest.

Section 1. Definitions The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.

Section 2. Designated Employees The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests.

Section 3. Disclosure Categories This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any

- 20 - disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office.

Section 4. Statements of Economic Interests Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2

Section 5. Statements of Economic Interests Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.

1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.

- 21 - Section 5.5. Statements for Persons Who Resign Prior to Assuming Office Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Section 6. Contents of and Period Covered by Statements of Economic Interests (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.

Section 7. Manner of Reporting Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest;

3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

- 22 - 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal during Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.

5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 . Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

- 23 - Section 8. Prohibition on Receipt of Honoraria (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section.

This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506.

Section 8.1. Prohibition on Receipt of Gifts in Excess of $390 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $390 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official.

Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section.

Section 8.2. Loans to Public Officials (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who

- 24 - has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.

Section 8.4. Personal Loans (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan.

- 25 - c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

Section 9. Disqualification No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $390 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

Section 9.3. Legally Required Participation No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

- 26 - Section 9.5. Disqualification of State Officers and Employees In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.

Section 10. Disclosure of Disqualifying Interest When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.

Section 11. Assistance of the Commission and Counsel Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

Section 12. Violations This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000 - 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.

Section 13. Designated Positions and Disclosure Requirements 1. The persons occupying following positions manage public investments. They shall file a full statement of economic interests pursuant to Government Code Sections 87200 et seq.:  Governing Board Members  Chief Executive Officer  Chief Business Officer 2. Disclosure Categories: The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employees must disclosure for each disclosure category to which he or she is assigned.  Category 1: All investments and business positions and sources of income from, business entities that do business with the District or own real property within the boundaries of the District, plan to do business or own real property within in the boundaries of the District within the next year, or have done business with or owned real property within the boundaries of the District within the past two (2) years.

- 27 -  Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the District.  Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the District, plan to engage in such activities within the jurisdiction of the District within the next year, or have engaged in such activities within the jurisdiction of the District within the past two (2) years.  Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions.  Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the District.  Category 6. All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s Department.  Designated Positions, and the Disclosure Categories assigned to them, are as follows: Accountant Categories 4,5 Associate Deans Category 6 Assistant Directors Category 6 Vice President of Human Resources Category 6 Vice President of Instruction Categories 5,6 Vice President of Student Services Categories 5,6 Deans Category 6 Director of Bookstore Category 6 Director of Budget Categories 4,5 Director of Food Services Category 6 Director of Purchasing Categories 1,4,5 Director of Facilities Categories 1,2,3,4 Director of Maintenance & Operations Category 2,3,6 General Counsel Categories 1,2 Personnel Director (Merit Systems) Category 6 Personnel Commission Members Categories 1,2 Police Chief Categories 5,6 Consultant Categories 1,2,3,4,5,6

Consultants must be included in the list of designated employees and must disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The [CEO or designee] may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to comply fully with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of disclosure requirements. The superintendent/president’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

AP 2735 Board Member Travel

Upon completion of board travel for all board members including the Student Trustee, all receipts must be submitted to the President’s Office within ten business days.

See also BP 4700.

- 29 - CHAPTER 3 – GENERAL INSTITUTION

AP 3050 Institutional Code of Ethics...... 31 AP 3100 Organizational Structure...... 32 AP 3200 Accreditation...... 33 AP 3250 Institutional Planning...... 34 AP 3280 Grants...... 35 AP 3300 Public Records...... 36 AP 3310 Records Retention and Destruction...... 38 AP 3410 Nondiscrimination...... 41 AP 3420 Equal Employment Opportunity...... 53 AP 3430 Prohibition of Harassment...... 54 AP 3435 Discrimination and Harassment Investigations...... 57 AP 3500 Campus Safety...... 62 AP 3510 Workplace Violence Plan...... 63 AP 3515 Reporting of Crimes...... 64 AP 3516 Registered Sex Offender Information...... 65 AP 3518 Child Abuse Reporting...... 66 AP 3520 Local Law Enforcement...... 67 AP 3530 Weapons on Campus...... 68 AP 3540 Sexual Assaults on Campus...... 69 AP 3550 Drug Free Environment and Drug Prevention...... 70 AP 3560 Alcoholic Beverages...... 71 AP 3600 Auxiliary Organizations...... 72 AP 3710 Securing of Copyright...... 83 AP 3715 Intellectual Property...... 84 AP 3720 Computer and Network Use...... 90 AP 3750 Use of Copyrighted Material...... 91 AP 3810 Claims Against the District...... 94 AP 3820 Gifts...... 96

- 30 - Mt. San Jacinto Administrative Procedures Community College District Chapter 3 1499 N. State Street General Institution San Jacinto, CA 92583-2399

AP 3050 Institutional Code of Ethics

Reference: Accreditation Standard III.A.1.d

See BP 7360, BP 7365 and BP 7370.

AP 3100 Organizational Structure

Reference: Education Code Section 72400; Title 5, Section 53200

The District’s organizational chart is available in the President’s Office for review.

AP 3200 Accreditation

Reference: Accreditation Eligibility Requirement 20, Standard IV.B.1.i

The procedures for accreditation will follow the ACCJC Guide to Self-Study.

AP 3250 Institutional Planning

Reference: Accreditation Standard I.B; Title 5, Sections 51008, 51010, 51027, 53003, 54220, 55400 et seq. 55510, 56270 et seq.

The Superintendent/President working in conjunction with appropriate parties has developed and implemented comprehensive or master plans addressing planning requirements specified by the Board of Governors. These plans, as well as any annual updates or changes, are submitted to the Chancellor’s Office for review and approval in accordance with Section 70901(b)(9) of the Education Code and with regulations of the Board of Governors.

See AP 4020, AP 4103, BP 5050, AP 5050, AP 5120, AP 5140, AP 5150, AP 5300, AP 6600, and AP 7100.

AP 3280 Grants

To assure timely application for and processing of grant applications and funds, see Grant Development Approval Process available in the Grant’s Office for review.

All submitted grant applications must be approved by the Superintendent/President or authorized designee.

All grants (new, continuation or renewal) must go through the Grant Development Approval Process except for student scholarship grants (Foundation).

Quarterly reports will be submitted to the Superintendent/President regarding all grant applications submitted and awarded.

All awarded grants must receive board approval. All awarded grants (new, continuation or renewal) must follow Business Services contract procedures. (See AP 6340)

AP 3300 Public Records

Reference: Government Code Section 6250 et seq.

Members of the public may request to inspect or copy public records. A request by a member of the public may be delivered by mail or in person to the Public Information Office.

Any request shall identify with reasonable specificity the records that are sought. If additional information is needed, the Public Information Office may request it be provided in writing.

Any request to inspect records shall be made sufficiently in advance of the date of inspection to allow staff time to assemble the records and identify any records that may be exempt from disclosure.

Records that are exempt from disclosure under the Public Records Act or any other provision of law may not be inspected or copied by members of the public.

Members of the public shall be assisted in identifying records or information that may respond to their request. Assistance that will be provided includes: the information technology and physical location in which the records exist; practical suggestions for overcoming denial of access to the records or information; and the estimated date and time when the records will be made available.

Within ten days, the Public Information Office will determine whether or not the records can be produced and will communicate the determination to the member of the public requesting the record(s).

The most common exemptions may include, but are not limited to, the following:  Student Records (Education Code Section 76243);  Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding the records clearly outweighs the public interest in disclosure (Government Code Section 6254(a));  Records pertaining to pending litigation, or claims until the pending litigation has been finally adjudicated or otherwise settled (Government Code Section 6254(b));  Personnel, medical or similar files, the disclosure of which would constitute an

- 36 - unwarranted invasion of personal privacy (Government Code Section 6254(c)).  Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination [except for standardized tests provided for by Education Code Section 99150 et seq.]. (Government Code Section 6254(g)).  The contents of real estate appraisals or engineering or feasibility estimates and evaluations relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained (Government Code Section 6254(h)).  Internet posting of home addresses or telephone numbers of local elected officials (Government Code Section 6254.21)  Home addresses and home telephone number of employees of a school District or county office of education (other than to an agent or family member of the employee, to an officer of another school District when necessary, to an employee organization, or to an agency or employee of a health benefit plan (Government Code Section 6254.3).  Records regarding alternative investments (i.e. an investment in a private equity fund, venture fund, hedge fund, or absolute return fund; limited partnership, limited liability company or similar legal structure involving public investment funds, unless already publicly released by the keeper of the information.

AP 3310 Records Retention and Destruction

Reference: Title 5, Sections 59020, et seq.; Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

Definition For the purpose of this Administrative Procedure, “records” means all records, maps, books, papers, data processing output and documents of the District required by Title 5 to be prepared or retained, including but not limited to records created originally by computer and “electronically stored information” (ESI), as that term is defined by the Federal Rules of Civil Procedure.

Records do not include:  Mimeographed, otherwise duplicated or carbon copies (except the original or one copy);  Any individual memorandum, other than relating to personnel matters, or other than a student records, between one employee and another employee of the District;  Advertisements and other sales material received;  Textbooks and other instructional materials, including library books, pamphlets, and magazines.

Classification of Records The Vice President of Business or their designee shall be the person responsible for classifying college district records into the following classifications (California Administrative Code – Title 5, Sections 16020-16030

Class 1 Permanent Records (as listed in Section 16023) – The original, or one exact copy unless microfilmed, shall be retained indefinitely.

Class 2 Optional Records – Not required by law to be retained permanently but deemed worthy of further preservation as specified in Section 16025.

Class 3 Disposable Records – Required retention periods and procedures for destruction or transfer of records as specified in Section 16025.

Examples of Class Documents:

Class 1 – Permanent Records

- 38 - The following annual reports:  Official budget;  Financial reports of all funds;  Audit reports;  Average daily attendance;  Other major annual reports, including those relating to property, activities, financial conditions, or transaction; and those declared by Board minutes to be permanent.

The following official actions:  Minutes of the Board or committees thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in the minutes but included therein by reference only.  Elections, including the call, if any, for the result (but not including detail documents such as ballots) of an election called, conducted, or cancelled by the Governing Board for a Board Member, the Board Member’s recall, issuance of bonds, incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose.  Records, transmitted by another agency, that pertain to that agency’s action with respect to district reorganization.

The following personnel records of employees:  All records relating to employment, assignment, employee evaluations, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made, and the person or agency to whom such amounts were paid. In lieu of detailed records a complete proven summary payroll record for every employee containing the same data may be classified as Class 1 – Permanent, and the detailed records may then be classified as Class 3 – Disposable.

The following student records:  The records of enrollment and scholarship for each student, including, but not limited to: name of student; date of birth; place of birth; name and address of a parent having custody, or a guardian if the student is a minor; entering and leaving date for each academic year and for any summer session or other extra session; subjects taken during each year, half year, summer session or quarter; if grades or credits are given, the grades and number of credits taken toward graduation.  All records pertaining to any accident or injury involving a student for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1 – Permanent Records, one year after the applicable statute of limitations has run.

The following property records:  All detailed records relating to land, buildings, and equipment. In lieu of such detailed records, a complete property ledger may be classified as Class 1 – Permanent, and the detailed records may then be classified as Class 3 – Disposable, if the property ledger include: All fixed assets; an equipment inventory for each unit of property; the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the

- 39 - amount paid, and comparable data if the unit is disposed of by sale, loss or otherwise.

Class 2 – Optional Records Any records worthy of further preservation but not classified as Class 1 – Permanent, may be classified as Class 2 – Optional and shall be retained until reclassified as Class 3 – Disposable.

Class 3 – Disposable Records  All records not classified as Class 1 or Class 2, including, but not limited to:  Records basic to audit, including those related to attendance or a business or financial transaction (purchase orders, invoices, warrants, ledger sheets, cancelled checks and stubs, student body, bookstore, food service fund records, etc.), and the detailed records used in the preparation of any other report;  Periodic reports, including daily, weekly, and monthly reports, bulletins, and instructions.

Destruction of Records All Class 2 and/or 3 records which have been held for the required retention periods and any permanent records which have been classified as Class 3 after having been electronically copied (scanned) and held for the required retention period may be destroyed as per Title 5, Sections 16026 – 16027 of the California Administrative Code.

The governing board should be notified of pending action to dispose of records and such notification be recorded in the board minutes. Notification should also be given to the governing board attesting to the fact that the documents had been properly destroyed.

Disposal of records should be accomplished by burning, shredding, pulping, or other means to assure complete destruction and to prevent any reconstruction of the records to any degree.

AP 3410 Nondiscrimination

Reference: Title 5, Sections 59020, et seq.

Introduction and Scope A copy of these written policies on unlawful discrimination will be displayed in a prominent location in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted.

Definitions Definitions applicable to nondiscrimination policies are as follows:  "Appeal" means a request by a complainant made in writing to the Mt. San Jacinto Community College District governing board pursuant to Title 5, section 59338, and/or to the State Chancellor’s Office pursuant to Title 5, section 59339, to review the administrative determination of the District regarding a complaint of discrimination.  "Complaint" means a written and signed statement meeting the requirements of Title 5, section 59328 that alleges unlawful discrimination in violation of the nondiscrimination regulations adopted by the Board of Governors of the California Community Colleges, as set forth at Title 5, section 59300 et seq.  "Days" means calendar days.  "Mental disability" includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires specialized supportive services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the District.

- 41 - (4) Being regarded or treated by the District as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).  "Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.7

 "Physical disability" includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires specialized supportive services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the District. (4) Being regarded or treated by the District as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the District as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.8

7 If the Americans with Disabilities Act of 1990 definitions would result in broader protection of the civil rights of individuals with a mental or physical disability, or would include any medical condition not included within these definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of the definitions in Government Code section 12926 and should be included in district policy. (Gov. Code, § 12926(l).)

8 Ibid.

- 42 -  “District” means the Mt. San Jacinto Community College District or any District program or activity that is funded directly by the state or receives financial assistance from the state. This includes any other organization associated with the District or its college(s) that receives state funding or financial assistance through the District.  “Responsible District Officer” means the officer identified by the District to the State Chancellor's Office as the person responsible for receiving complaints filed pursuant to Title 5, section 59328, and coordinating their investigation.  “Sexual harassment” is unlawful discrimination in the form of unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the workplace or in the educational setting, and includes but is not limited to: (1) Making unsolicited written, verbal, physical, and/or visual contacts with sexual overtones. (Examples of possible sexual harassment that appear in a written form include, but are not limited to: suggestive or obscene letters, notes, invitations. Examples of possible verbal sexual harassment include, but are not limited to: leering, gestures, display of sexually aggressive objects or pictures, cartoons, or posters.) (2) Continuing to express sexual interest after being informed that the interest is unwelcomed. (3) Making reprisals, threats of reprisal, or implied threats of reprisal following a rebuff of harassing behavior. The following are examples of conduct in an academic environment that might be found to be sexual harassment: implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied. (4) Engaging in explicit or implicit coercive sexual behavior within the work environment which is used to control, influence, or affect the employee’s career, salary, and/or work environment. (5) Engaging in explicit or implicit coercive sexual behavior within the educational environment that is used to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student. (6) Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.  “Unlawful discrimination” means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation.

Authority: Gov. Code, § 12926; Cal. Code Regs., tit. 5, § 59311; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001. See Also MSJC Board Policy 3410

- 43 - Students and Employees Notice, Training, and Education The Mt. San Jacinto Community College District’s responsible officer shall make arrangements for or provide training to employees and students on the District’s unlawful discrimination policy and procedures. Faculty members, members of the administrative staff, and members of the support staff will be provided with a copy of the District’s written policy on unlawful discrimination at the beginning of the semester of the college year after the policy is adopted.

All District employees will receive this training and/or a copy of the unlawful discrimination policies and procedures during the first year of their employment. Because of their special responsibilities under the law, supervisors will undergo mandatory annual training. In years in which a substantive policy or procedural change has occurred all District employees will attend a training update and/or receive a copy of the revised policies and procedures.

A training program or informational services will be made available to all students at least once annually. The student training or informational services should include an explanation of the policy, how it works, and how to file a complaint. In addition, a copy of the District’s written policy on unlawful discrimination, as it pertains to students, will be provided as part of any orientation program conducted for new students at the beginning of each semester, or summer session, as applicable.

Authority: Ed. Code, § 66281.5; Cal. Code Regs., tit. 5, §§ 59324 and 59326. Reference: Cal. Code Regs., tit. 5, § 59300 et seq.; 34 C.F.R. § 106.8(b).

Unlawful Discrimination Policy The policy of the Mt. San Jacinto Community College District is to provide an educational and employment environment in which no person shall be unlawfully denied full and equal access to, the benefits of, or be unlawfully subjected to discrimination on the basis of ethnic group identification, national origin, religion, age, sex, race, color, ancestry, sexual orientation, or physical or mental disability in any program or activity that is administered by, funded directly by, or that receives any financial assistance from the State Chancellor or Board of Governors of the California Community Colleges.

The policy of the Mt. San Jacinto Community College District is to provide an educational and employment environment free from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment. (Reference MSJC Board Policy 2000/01-243 Sexual Harassment)

Employees, students, or other persons acting on behalf of the District who engage in unlawful discrimination as defined in this policy or by state or federal law may be subject to discipline, up to and including discharge, expulsion, or termination of contract.

In so providing, the Mt. San Jacinto Community College District hereby implements the provisions of California Government Code sections 11135 through 11139.5, the Sex Equity in Education Act (Ed. Code, § 66250 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans

- 44 - with Disabilities Act of 1990 (42 U.S.C. § 12100 et seq.) and the Age Discrimination Act (42 U.S.C. § 6101)9.

Authority: Cal. Code Regs., tit. 5, § 59300; Gov. Code, §§ 11135-11139.5; Ed. Code, § 66250 et seq.; 42 U.S.C. § 2000d; 20 U.S.C. § 1681; 29 U.S.C. § 794; 42 U.S.C. § 12100 et seq.; 42 U.S.C. § 6101.

Retaliation It is unlawful for anyone to retaliate against someone who files an unlawful discrimination complaint, who refers a matter for investigation or complaint, who participates in an investigation of a complaint, who represents or serves as an advocate for an alleged victim or alleged offender, or who otherwise furthers the principles of this unlawful discrimination policy.

Authority: 20 U.S.C. § 1681 et seq.; 34 C.F.R. § 106; Cal. Code Regs., tit. 5, § 59300 et seq.; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001.

Academic Freedom The Mt. San Jacinto Community College District Governing Board reaffirms its commitment to academic freedom, but recognizes that academic freedom does not allow any form of unlawful discrimination. It is recognized that an essential function of education is a probing of opinions and an exploration of ideas that may cause some students discomfort. It is further recognized that academic freedom insures the faculty’s right to teach and the student’s right to learn. Finally, nothing in these policies and procedures shall be interpreted to prohibit bona fide academic requirements for a specific community college program, course or activity.

When investigating unlawful discrimination complaints containing issues of academic freedom Mt. San Jacinto Community College District will consult with a faculty member appointed by the Academic Senate with respect to contemporary practices and standards for course content and delivery.

Reference: Cohen v. San Bernardino Valley College (1995) 883 F.Supp. 1407, 1412- 1414, affd. in part and revd. in part on other grounds, (1996) 92 F.3d 968; Cal. Code Regs., tit. 5, § 59302.

Responsible District Officer The Mt. San Jacinto Community College District has identified the Dean of Human Resources to the State Chancellor’s Office and to the public as the single District officer responsible for receiving all unlawful discrimination complaints filed pursuant to Title 5, section 59328, and for coordinating their investigation. The actual investigation of complaints may be assigned to other staff or to outside persons or organizations under contract with the District. Such delegation procedures will be used whenever the officer

9 If the federal statutes cited above would result in broader protection of the civil rights of individuals then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of Title 5, section 59300, as cited in the Policy.

- 45 - designated to receive complaints is named in the complaint or is implicated by the allegations in the complaint.10

Administrators, faculty members, other District employees, and students shall direct all complaints of unlawful discrimination to the responsible District officer.

Authority: Cal. Code Regs., tit. 5, § 59324; 34 C.F.R. § 106.8.

Informal/Formal Complaint Procedure11 When a person brings charges of unlawful discrimination to the attention of the District’s responsible officer, that officer will:

(1) Undertake efforts to informally resolve the charges; (2) Advise the complainant that he or she need not participate in informal resolution; (3) Notify the person bringing the charges of his or her right to file a formal complaint and explain the procedure for doing so; (4) Assure the complainant that he or she will not be required to confront or work out problems with the person accused of unlawful discrimination; (5) Advise the complainant that he or she may file a nonemployment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within that agency’s jurisdiction. (6) If the complaint is employment-related, the complainant should also be advised that he or she may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where such a complaint is within that agency’s jurisdiction.

10 The Office for Civil Rights (OCR) advises educational institutions to give one official responsibility for oversight and coordination of all sexual harassment complaints to insure consistent practices and standards in handling complaints as well as coordination of record keeping. This will help ensure that the educational institution can and will resolve recurring problems and identify students or employees who have multiple complaints filed against them. The State Chancellor's Office advises that having the responsible district officer, named pursuant to Title 5, section 59324, coordinate both sexual harassment and other unlawful discrimination complaints satisfies OCR’s instruction on this subject.

11 The purpose of the informal resolution process is to allow an individual who believes she/he has been unlawfully discriminated against or sexually harassed to resolve the issue through a mediation process rather than the formal complaint process. Typically, the informal process will be invoked when there is a simple misunderstanding or the complainant does not wish to file a formal complaint. Resolution of an informal complaint may require nothing more than a clarification of the misunderstanding or an apology from the respondent and an assurance that the offending behavior will cease. However, the district is responsible for maintaining a safe and discrimination free educational environment and serious allegations may need to be investigated even if the complaining party considers the matter resolved. In an informal process the district officer shall advise the complainant of his or her rights and responsibilities under both the formal and informal processes. If the complainant declares his or her preference for the informal process, the responsible district officer shall present the complainant with a document that describes the informal/formal process that contains the basics of complainant’s allegations of unlawful discrimination. This document will clearly indicate that the complainant opted for the informal resolution process and should be signed and dated by the complainant. The informal resolution process will not be made a predicate to the process and investigation of a formal complaint. If a formal complaint is filed, an investigation must be completed within the time required unless it is voluntarily rescinded by a complainant as a result of a successful informal resolution.

- 46 - Efforts at informal resolution need not include any investigation unless the responsible District officer determines that an investigation is warranted by the seriousness of the charges. Selecting an informal resolution does not extend the time limitations for filing a formal complaint. Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to Title 5, section 59334, and will be completed unless the matter is informally resolved and the complainant dismisses the complaint. Any efforts at informal resolution after the filing of a written complaint will not exceed the 90-day period for rendering the administrative determination pursuant to Title 5, section 59336.

In employment-related cases, if the complainant files with the Department of Fair Employment and Housing, a copy of that filing will be sent to the State Chancellor's Office requesting a determination of whether a further investigation under Title 5 is required. Unless the State Chancellor's Office determines that a separate investigation is required, the District will discontinue its investigation under Title 5 and the matter will be resolved through the Department of Fair Employment and Housing.

The District will provide for representation where required by law and may allow for representation for the accused and complainant in other circumstances on a case by case basis.

Authority: Cal. Code Regs., tit. 5, §§ 59327, 59328, 59334, 59336, and 59339; NLRB v. Weingarten, Inc. (1975) 420 U.S. 251.

Filing of Formal Written Complaint If a complainant decides to file a formal written unlawful discrimination complaint against the District, he or she must file the complaint on a form prescribed by the State Chancellor. These approved forms are available from the District and also at the State Chancellor’s website, as follows:

http://www.cccco.edu/divisions/legal/Discrimination/discrimination.htm

The completed form must be filed with the District representative or mailed directly to the State Chancellor’s Office of the California Community Colleges.

Once a complaint is filed, the individual(s) accused of engaging in prohibited discriminatory conduct should be advised of that filing and the general nature of the complaint. This should occur as soon as possible and appropriate under the circumstances. The District will also advise the accused that an assessment of the accuracy of the allegations has not yet been made, that the complaint will be investigated, that the accused will be provided an opportunity to present his/her side of the matter, and that any conduct that could be viewed as retaliatory against the complainant or any witnesses must be avoided.

Authority: Cal. Code Regs., tit. 5, §§ 59311 and 59328.

Threshold Requirements Prior to Investigation of a Formal Written Complaint When a formal written complaint is filed it will be reviewed to determine if the complaint meets the following requirements:

 The complaint must be filed on a form prescribed by the State Chancellor's Office.

- 47 -  The complaint must allege unlawful discrimination prohibited under Title 5, section 59300.  The complaint must be filed by one who alleges that he or she has personally suffered unlawful discrimination or by one who has learned of such unlawful discrimination in his or her official capacity as a faculty member or administrator.  In any complaint not involving employment, the complaint must be filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known of the facts underlying the specific incident or incidents of alleged unlawful discrimination  In any complaint alleging discrimination in employment, the complaint shall be filed within 180 days of the date the alleged unlawful discrimination occurred, except that this period will be extended by no more than 90 days following the expiration of that 180 days if the complainant first obtained knowledge of the facts of the alleged violation after the expiration of 180 days.

If the complaint is defective it will be immediately returned to the complainant with a complete explanation of why an investigation could not be initiated under Title 5, California Code of Regulations, section 59300 et seq. Additional information about this initial review of complaints can be found in the Guidelines for Processing Formal Title 5 Unlawful Discrimination Complaints prepared by the State Chancellor's Office.12

Authority: Cal. Code Regs., tit. 5, § 59328.

Notice to State Chancellor or District A copy of all complaints filed in accordance with the Title 5 regulations will be forwarded to the State Chancellor's Office immediately upon receipt. Similarly, when the State Chancellor's Office receives a complaint a copy will be forwarded to the District.

Confidentiality of the Process Investigative processes can best be conducted within a confidential climate, and the District does not reveal information about such matters except as necessary to fulfill its legal obligations. However, potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed.

The inability to reveal the name of a complainant or facts that are likely to reveal the identity of the complainant can severely limit the ability of the District to respond. Complainants must also recognize that persons who are accused of wrongdoing have a right to present their side of the matter, and this right may be jeopardized if the District is prohibited from revealing the name of the complainant or facts that are likely to disclose the identity of the complainant.

If a complainant insists that his or her name not be revealed, the responsible officer should take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request as long as doing so does not jeopardize the rights of other students or employees.

12 The Guidelines for Processing Formal Title 5 Unlawful Discrimination Complaints is a procedural aid for processing formal unlawful discrimination complaints.

- 48 - It is also important that complainants and witnesses understand the possibility that they may be charged with allegations of defamation if they circulate the charges outside of the District’s process. In general, persons who are participating in a District investigative or disciplinary process that is related to a charge of discrimination are protected from tort claims such as defamation. However, persons who make allegations outside of these processes or who discuss their claims with persons outside of the process may expose themselves to tort charges. Complainants, witnesses, and those accused of discrimination will all be asked to sign a confidentiality acknowledgement statement.

Where an investigation reveals the need for disciplinary action, the complainant may wish to have information about what disciplinary actions the District took. However, the privacy rights of the persons involved often prevent the District from providing such information. In student disciplinary actions for sexual assault/physical abuse charges, Education Code, section 76234 provides that the victim shall be informed of the disciplinary action, but that the victim must keep the information confidential. Disciplinary actions taken against employees are generally considered confidential.13

Authority: Cal. Const. Art. I, § 1; Civil Code § 47; Ed. Code, §§ 76234 and 87740; Silberg v. Anderson (1990) 50 Cal.3d. 205; Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, Office for Civil Rights, January 19, 2001.

Administrative Determination Within 90 days of receiving an unlawful discrimination complaint filed under Title 5, sections 59300 et seq., the responsible District officer will complete the investigation and forward a copy of the investigative report to the State Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all the following to both the complainant and the State Chancellor:

(a) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint; (b) a description of actions taken, if any, to prevent similar problems from occurring in the future;14 (c) the proposed resolution of the complaint; and (d) the complainant's right to appeal to the District governing board and the State Chancellor.

13 Complainants must trust the District to take appropriate action and must understand that the District is generally not at liberty to discuss personnel or student matters, particularly disciplinary matters. In some disciplinary cases, the complainant may be required to testify at a hearing, and would therefore be aware of the proposed disciplinary action.

14 If it is determined that discrimination did occur, possible remedies to prevent similar problems from occurring in the future include all the standard District disciplinary actions for students and employees, ranging from undocumented reprimand to termination or expulsion. If formal disciplinary action is inappropriate, other possible remedies include training in the pertinent area(s) of unlawful discrimination, apology, and restricting or forbidding contact between the perpetrator and victim.

- 49 - The Mt. San Jacinto Community College District recognizes the importance of and is therefore committed to completing investigations and resolving complaints as quickly as possible, consistent with the requirements for a thorough investigation.

Complainant’s Appeal Rights Complainants have appeal rights that they may exercise if they are not satisfied with the results of the District’s administrative determination. At the time the administrative determination and summary is mailed to the complainant, the responsible District officer or his/her designee shall notify the complainant of his or her appeal rights as follows:

 First level of appeal: The complainant has the right to file an appeal to the District’s governing board within 15 days from the date of the administrative determination. The District’s governing board will review the original complaint, the investigative report, the administrative determination, and the appeal.  The District’s governing board will issue a final District decision in the matter within 45 days after receiving the appeal. Alternatively, the District’s governing board may elect to take no action within 45 days, in which case the original decision in the administrative determination will be deemed to be affirmed and shall become the final District decision in the matter. A copy of the final decision rendered by the District’s governing board will be forwarded to the complainant and to the State Chancellor's Office.  Second level of appeal: The complainant has the right to file an appeal with the California Community College Chancellor’s Office in any case not involving employment-related discrimination within 30 days from the date that the governing board issues the final District decision or permits the administrative determination to become final by taking no action within 45 days.15 The appeal must be accompanied by a copy of the decision of the governing board or evidence showing the date on which the complainant filed an appeal with the governing board, and a statement under penalty of perjury that no response was received from the governing board within 45 days from that date.

Complainants must submit all appeals in writing.

Forward to State Chancellor Within 150 days of receiving a complaint, the responsible District officer will forward the following to the State Chancellor:

15 The Department of Fair Employment and Housing (DFEH) has final jurisdiction over employment- related cases. Therefore, the State Chancellor's Office has agreed to accept DFEH decisions and generally will not accept appeals in employment discrimination cases. However, in limited circumstances the State Chancellor's Office will intervene, such as when intervention might bring about a resolution at the informal level or when some unique aspect of community college governance is at issue and the expertise of the State Chancellor's Office is needed.

- 50 -  A copy of the final District decision rendered by the governing board or a statement indicating the date on which the administrative determination became final as a result of taking no action on the appeal within 45 days.  A copy of the notice of appeal rights the District sent the complainant.  Any other information the State Chancellor may require.

Extensions If for reasons beyond its control, the District is unable to comply with the 90-day or 150- day deadlines specified above for submission of materials to the complainant and the State Chancellor's Office, the responsible District officer will file a written request that the State Chancellor grant an extension of the deadline. The request will be submitted no later than 10 days prior to the expiration of the deadlines established by Title 5 in sections 59336 and/or 59340 and will set forth the reasons for the request and the date by which the District expects to be able to submit the required materials.

A copy of the request for an extension will be sent to the complainant, who may file written objections with the State Chancellor within 5 days of receipt.

The State Chancellor may grant the request unless delay would be prejudicial to the complainant. If an extension of the 90-day deadline is granted by the State Chancellor the 150-day deadline is automatically extended by an equal amount.

Record Retention Unlawful discrimination records that are part of an employee’s employment records may be classified as Class-1 Permanent records and retained indefinitely or microfilmed in accordance with Title 5, California Code of Regulations, section 59022. Unlawful discrimination records of a student that are deemed worthy of preservation but not classified as Class-1 Permanent may be classified as Class-2 Optional records or as Class-3 Disposable records, to be retained for a period of three years.

- 51 - Unlawful Discrimination Complaint Form

Name: Last First Address: Street or P.O. Box City State Zip Phone: Day ( ) Evening ( )

I Am A:

 Student  Employee  Other: I Wish To Complain Against:

District: College: Person, Program, or Activity:

Date of Alleged Discrimination: (Complaints must be filed within one year of the date of the alleged unlawful discrimination or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of unlawful discrimination.)

I Allege Discrimination Based On (check only those which apply):

 EthnicGroups Identification  Religion  Age  Physical Disability  Mental Disability  Other:  Color  Sex (includes Harassment)

 Ye  N Informal Resolution Attempted? Date Commenced: s o

Name of District Officer Involved in Informal Resolution:

Clearly state your complaint. Describe the incident, and how it occurred. List the participants involved and their relationship. (Attach additional pages as necessary.)

List the names, addresses, and phone numbers of any person(s) who witnessed the incident or who are able to provide information about the complaint.

I certify that this information is correct to the best of my knowledge.

Signature of Complainant Date

- 52 - Send Original to: Chancellor’s Office or Mt. San Jacinto Community College California Community College Human Resources 1102 Q Street, 3rd Floor 1499 N. State Street Sacramento, California 95814-6511 San Jacinto, CA 92583-2399 Attention: Legal Affairs Division Attention: Dr. Jon Tyler

AP 3420 Equal Employment Opportunity

The Mt. San Jacinto Community College District strongly encourages applications from all qualified individuals regardless of race, ethnicity, gender, age, disability, medical condition, marital status or other similar factors as defined by law. Employment procedures are conducted according to Equal Opportunity Employment guidelines. If applicable, should anyone feel they have any need for special testing arrangements due to physical limitations, please indicate this on your completed application. Human Resources is required to maintain a file which will yield the composition of the application flow. A form is provided in the application packet for that purpose; however, completing the form is voluntary. The form will be detached from the application and placed in a confidential file in Human Resources and will not be used as part of the selection process nor seen by the selection committee.

AP 3430 Prohibition of Harassment

The District is committed to providing an academic and work environment free of unlawful harassment. This procedure defines sexual harassment and other forms of harassment on campus, and sets forth a procedure for the investigation and resolution of complaints of harassment by or against any staff or faculty member or student within the District.

Definitions General Harassment. Harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, or the perception that a person has one or more of these characteristics is illegal and violates District policy. Gender-based harassment does not necessarily involve conduct that is sexual. Any hostile or offensive conduct based on gender can constitute prohibited harassment. For example, repeated derisive comments about a person’s competency to do the job, when based on that person’s gender, could constitute gender-based harassment. Harassment comes in many forms, including but not limited to the following conduct:  Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on a person’s race gender, sexual orientation, or other protected status. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation; or sexist, patronizing or ridiculing statements that convey derogatory attitudes based on gender, race nationality, sexual orientation or other protected status.  Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. It also includes any physical assault or intimidation directed at an individual due to that person’s gender, race, national origin, sexual orientation or other protected status.  Visual or Written: The display or circulation of visual or written material that degrades an individual or group based on gender, race, nationality, sexual orientation or other protected status. This may include, but is not limited to,

- 55 - posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions.  Environmental: A hostile academic or work environment exists where it is permeated by sexual innuendo; insults or abusive comments directed at an individual or group based on gender, race, nationality, sexual orientation or other protected status; or gratuitous comments regarding gender, race, sexual orientation, or other protected status that are not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. It can also be created by an unwarranted focus on, or stereotyping of, particular racial or ethnic groups, sexual orientations, genders or other protected statuses. An environment may also be hostile toward anyone who merely witnesses unlawful harassment in his or her immediate surroundings, although the conduct is directed at others. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work.

Sexual Harassment. In addition to the above, sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when:  submission to the conduct is made a term or condition of an individual's employment, academic status, or progress;  submission to, or rejection of, the conduct by the individual is used as a basis of employment or academic decisions affecting the individual;  the conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment; or  submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the community college.

This definition encompasses two kinds of sexual harassment:  "Quid pro quo" sexual harassment occurs when a person in a position of authority makes educational or employment benefits conditional upon an individual's willingness to engage in or tolerate unwanted sexual conduct.  "Hostile environment" sexual harassment occurs when unwelcome conduct based on a person’s gender is sufficiently severe or pervasive so as to alter the conditions of an individual's learning or work environment, unreasonably interfere with an individual's academic or work performance, or create an intimidating, hostile, or abusive learning or work environment. The victim must subjectively perceive the environment as hostile, and the harassment must be such that a reasonable person of the same gender would perceive the environment as hostile.

Sexually harassing conduct can occur between people of the same or different genders. The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person of the same gender as the victim would perceive the conduct as harassment based on sex.

- 56 - Examples: Harassment includes, but is not limited to the following misconduct:  Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on a person’s protected status, including but not limited to sex. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender.  Physical: Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures.  Visual or Written: The display or circulation of offensive sexually oriented or other discriminatory visual or written material. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions.  Environmental: An academic or work environment that is permeated with racially or sexually-oriented talk, innuendo, insults or abuse not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. An environment may be hostile if unwelcome sexual behavior or other harassing behavior based on a protected status is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's learning or work.

Consensual Relationships Romantic or sexual relationships between supervisors and employees, or between administrators, faculty or staff members and students are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. A conflict of interest may arise if the administrator, faculty or staff member must evaluate the student’s or employee’s work or make decisions affecting the employee or student. The relationship may create an appearance of impropriety and lead to charges of favoritism by other students or employees. A consensual sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. In the event that such relationships do occur, the District has the authority to transfer any involved employee to eliminate or attenuate the supervisory authority of one over the other, or of a teacher over a student. Such action by the District is a proactive and preventive measure to avoid possible charges of harassment and does not constitute discipline against any affected employee.

Academic Freedom To the extent the harassment policies and procedures are in conflict with the District’s policy on academic freedom, the harassment policies and procedures shall prevail. If the faculty member wishes to use sexually explicit materials in the classroom as a teaching technique, the faculty member must review that use with an administrator to determine whether or not this violates the sexual harassment policy.

AP 3435 Discrimination and Harassment Investigations

Filing a Timely Complaint. Since failure to report harassment and discrimination impedes the District’s ability to stop the behavior, the District strongly encourages employees and students who believe they are being harassed or discriminated against, to file a complaint. The District also strongly encourages the filing of such complaints within 30 days of the alleged incident. While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the District’s ability to investigate and remediate.

All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive or intimidating work environment, and acts of retaliation.

Communicating that the Conduct is Unwelcome. The District further encourages students and staff to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste and/or inappropriate.

Oversight of Complaint Procedure. The Vice President of Human Resources is the "responsible District officer" charged with receiving complaints of discrimination or harassment, and coordinating their investigation for employees of the District. The Vice President of Student Services is the “responsible District officer” charged with receiving complaints of discrimination or harassment, and coordinating their investigation for students of the District.

The actual investigation of complaints may be assigned by the Vice President of Human Resources or Vice President of Student Services to other staff or to outside persons or organizations under contract with the district. This shall occur whenever the Vice President of Human Resources or Vice President of Student Services is named in the complaint or implicated by the allegations in the complaint.

Where to File a Complaint. A student or employee who believes he or she has been discriminated against or harassed in violation of these policy and procedures may make a complaint orally or in writing, within one year of the date of the alleged harassment or the date on which the complainant knew or should have known of the facts underlying the complaint.

- 58 - If a complainant decides to file a formal written unlawful discrimination or harassment complaint against the District, he or she must file the complaint on a form prescribed by the CCC Chancellor’s Office. These approved forms are available from the Human Resources Office, the Student Services Office and at the following URL: www.cccco.edu/divisions/legal/discrimination/discrimination.htm The completed form must be filed with any of the following:  the Vice President of Human Resources for employee complaints;  the Vice President of Student Services for student complaints  the Dean of Matriculation and Outreach; and/or  the Chancellor of the California Community Colleges.

Employee complainants shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

Complaints filed with the EEOC and/or the DFEH should be forwarded to the Chancellor’s Office.

Any District employee who receives a harassment or discrimination complaint shall notify the Vice President of Human Resources immediately.

Intake and Processing of the Complaint. Upon receiving notification of a harassment or discrimination complaint, the appropriate Vice President shall:  Undertake efforts to informally resolve the charges, including but not limited to mediation, rearrangement of work/academic schedules; obtaining apologies; providing informal counseling and/or training, etc.;  Advise the complainant that he or she need not participate in an informal resolution of the complaint, as described above, and that he or she may file a complaint with the Office of Civil Rights of the U.S. Department of Education. The appropriate Vice President shall also notify the Chancellor of California Community Colleges of the complaint.  Authorize the investigation of the complaint, and supervise and/or conduct a thorough, prompt and impartial investigation of the complaint, as set forth below. Where complainants opt for informal resolution, the designated officer will determine whether further investigation is necessary to ensure resolution of the matter and utilize the investigation process outlined below as appropriate. In the case of a formal complaint, the investigation will include interviews with the complainant, the accused, and any other persons who may have relevant knowledge concerning the complaint. This may include victims of similar conduct.  Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, or other unlawful discriminatory conduct, giving consideration to all factual information and the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct, and the context in which the alleged incidents occurred.  Set forth the results of the investigation in a written report. The written report shall include a description of the circumstances giving rise to the complaint, a summary of the testimony of each witness, an analysis of any relevant data or other evidence collected during the investigation, a specific finding as to whether discrimination did or did not occur with respect to each allegation in the complaint, and any other appropriate information.

- 59 -  Provide the complainant and accused with a copy or summary of the investigative report within ninety days from the date the District received the complaint. The complainant and accused shall also be provided with a written notice setting forth the determination of the Superintendent/President or designee as to whether harassment or other discriminatory conduct did or did not occur with respect to each allegation in the complaint; a description of action taken, if any, to prevent similar problems from occurring in the future; the proposed resolution of the complaint; and notice of the parties’ rights to appeal to the District's Board of Trustees and the state Chancellor’s Office. The results of the investigation and the determination as to whether harassment or other discriminatory conduct occurred shall also be reported to the accused, and the appropriate academic or administrative official(s). Reports to the complainant shall be prepared so as not to violate any applicable privacy rights of the accused.

Investigation of the Complaint. The District shall promptly investigate every complaint of harassment or discrimination. No claim of workplace or academic harassment or discrimination shall remain unexamined. As set forth above, where the complainant opts for an informal resolution, the appropriate Vice President may limit the scope of the investigation, as appropriate. The District will keep the investigation confidential to the extent possible, but cannot guarantee absolute confidentiality because release of some information on a “need-to-know-basis” is essential to a thorough investigation.  Investigation Steps. The District will fairly and objectively investigate harassment and discrimination complaints utilizing the following steps: interviewing the complainant(s); interviewing the accused individual(s); identifying and interviewing witnesses, if any; reminding all individuals interviewed of the District’s no-retaliation policy; considering whether any involved person should be removed from the campus pending completion of the investigation; reviewing personnel/academic files of all involved parties; reach a conclusion as to the allegations and any appropriate disciplinary and remedial action; and see that all recommended action is carried out in a timely fashion.  Timeline for Completion. The District will undertake its investigation promptly and swiftly as possible. To that end, the investigator shall complete the above steps, and prepare a written report within 90 days of the District receiving the complaint.  Cooperation Encouraged. All employees are expected to cooperate with a District investigation into allegations of harassment or discrimination. Lack of cooperation impedes the ability of the District to investigate thoroughly and respond effectively. However, lack of cooperation by a complainant or witnesses does not relieve the District of its obligation to investigate. The District will conduct an investigation if it is discovered that harassment is, or may be occurring, with or without the cooperation of the alleged victim(s) and regardless of whether a complaint is filed.

Discipline and Corrective Action If harassment, discrimination and/or retaliation occurred in violation of the policy or procedure, the District shall take disciplinary action against the accused and any other remedial action it determines to be appropriate. The action will be prompt, effective, and commensurate with the severity of the offense. If discipline is imposed, the nature of the discipline will not be communicated to the complainant.

- 60 - Disciplinary actions against faculty, staff and students will conform to all relevant statutes, regulations, personnel policies and procedures, including the provisions of any applicable collective bargaining agreement.

The District shall also take reasonable steps to protect the complainant from further harassment, and/or discrimination, and to protect the complainant and witnesses from retaliation as a result of communicating the complaint and/or assisting in the investigation. The District shall take reasonable steps to ensure the confidentiality of the investigation and to protect the privacy of all parties to the extent possible without impeding the District’s ability to investigate and respond effectively to the complaint.

Appeals If the complainant is not satisfied with the results of the administrative determination, he or she may, within fifteen days, submit a written appeal to the Board of Trustees. The Board shall review the original complaint, the investigative report, the administrative decision, and the appeal. The Board shall issue a final District decision in the matter within 45 days after receiving the appeal. A copy of the decision rendered by the Board shall be forwarded to the complainant and to the state Chancellor’s Office. The complainant shall also be notified of his or her right to appeal this decision.

If the Board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final decision of the District in the matter.

The complainant shall have the right to file a written appeal with the state Chancellor’s Office within thirty days after the Board issued the final District decision or permitted the administrative decision to become final. Such appeals shall be processed pursuant to the provision of Section 59350 of Title 5 of the California Code of Regulations.

In any case involving employment discrimination, including workplace harassment, the complainant may, at any time before or after the issuance of the final decision of the District, file a complaint with the Department of Fair Employment and Housing. In such cases, the complainant may also file a petition for review with the state Chancellor’s Office within thirty days after the governing board issues the final decision or permits the administrative decision to become final.

Within 150 days of receiving a formal complaint, the District shall forward to the state Chancellor’s Office the original complaint, the investigative report, a copy of the written notice to the complainant setting forth the results of the investigation, a copy of the final administrative decision rendered by the Board or indicating the date upon which the decision became final, and a copy of the notification to the complainant of his or her appeal rights. If, due to circumstances beyond its control, the District is unable to comply with the 150-day deadline for submission of materials, it may file a written request for an extension of time no later than ten days prior to the expiration of the deadline.

Dissemination of Policy and Procedures District Policy and Procedures related to harassment will be provided to all students, faculty members, members of the administrative staff and members of the support staff, and will be posted on campus

- 61 - When hired, employees are required to sign that they have received the policy and procedures, and the signed acknowledgment of receipt is placed in each employee’s personnel file. In addition, these policies and procedures are incorporated into the District's course catalogs and orientation materials for new students.

Training By January 1, 2006, Mt. San Jacinto Community College District shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005. All new supervisory employees must be provided with the training and education within six months of their assumption of a supervisory position. After January 1, 2006, Mt. San Jacinto Community College District shall provide sexual harassment training and education to each supervisory employee once every two years

The training and education required by this procedure shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.

Training of all staff will be conducted. Training for academic staff should emphasize environmental harassment in the classroom.

In years in which a substantive policy or procedural change has occurred, all District employees will attend a training update and/or receive a copy of the revised policies and procedures.

A training program or informational services will be made available to all students at least once annually. The student training or informational services shall include an explanation of the policy, how it works, and how to file a complaint.

Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and the district’s potential liability, or that they did not understand the policy and desire further training.

AP 3500 Campus Safety

The Mt. San Jacinto College Police department has been in operation nearly 4 years. As a result of proactive policing our crime statistics clearly show a tremendous drop in overall crime, both on or near our campuses. Campus safety has been increased and as a result students continue to learn in a crime free environment. Staff and Faculty continue to perform their duties without the fear and incident of crime.

Additionally, the District has completed and implemented a comprehensive disaster preparedness plan/manual and has begun training all district personnel. Completed training and drills should be completed by June 30, 2007. The district has also implemented and deployed for field use a comprehensive radio communications system that is SIMS/NIMS compliant. This system is also regionally coordinated for Riverside County ICS.

AP 3510 Workplace Violence Plan

The MSJC Police Department in coordination with State Law and Board Policy has taken a proactive step towards ensuring workplace safety. To date there has been no reports of work place violence. The policy of the MSJC Police Department is to quickly respond to any allegations or reports of workplace violence and to arrest and prosecute any individuals who uses or threatens the use of violence in the workplace.

AP 3515 Reporting of Crimes

In accordance with State and Federal Law (Section 201.P.L 101-542 as amended by P.O. 102-26 the Crime Awareness and Campus Security Act of 1990) the MSJC Police Department receives and reports all Part I crimes and publishes those statistics on the Office of Post Secondary Educations’ web site. Additionally, the MSJC Police Department receives and responds to all reports of crime on and near our district campuses. Additionally, the MSJC Police Department has available all crime reports which can be viewed by the public.

AP 3516 Registered Sex Offender Information

In accordance with State Law, the MSJC Police Department has registered all sex offenders as required by Penal Code Section 290.01(a)(1) who become students or work at the campus. Additionally, MSJCPD policy is in accordance with state law and requires timely notification to all campus community members any sex offenders that are regarded as “high risk”.

New: Page 1 of 1 AP 3518 Revisions:

AP 3518 Child Abuse Reporting

Place holder…completion pending.

AP 3520 Local Law Enforcement

The MSJC Police Department has a Memorandum of Understanding (MOU) in place with the Riverside County Sheriffs’ Department as required by Board Policy and Education Code Section 67380. The MOU establishes operational guidelines for the investigation of all Part I crimes occurring on campus. In addition, the MOU establishes mutual aid guidelines.

AP 3530 Weapons on Campus

The MSJC Police Department in accordance with Board Policy and State Law prohibits all weapons on campus. The Police Department actively and proactively seeks out persons with weapons and quickly responds to reports of weapons on campus. To date many weapons have been confiscated and violators have been prosecuted.

AP 3540 Sexual Assaults on Campus

In accordance with State Law and Board Policy there is zero tolerance for violence on campus. This includes sexual assault or rape. To date there have been no sexual assaults or rapes on campus. All reports of violence, rape, or sexual assault on campus are investigated immediately and violators will be prosecuted to the fullest extent of the law. Additionally, victim resources have been compiled and are available for victims.

AP 3550 Drug Free Environment and Drug Prevention

Place holder – Completion Pending.

AP 3560 Alcoholic Beverages

Reference: Business and Professions Code Sections 24045.4, 24045.6 and 25608

Alcoholic beverages on campus are permitted if:

 The alcoholic beverage is for use in connection with a course of instruction, and the instructor has been authorized to use it by the Vice President of Instruction or designee.

 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 produced by a bonded winery owned or operated as part of an instructional program in viticulture and enology.

 The alcoholic beverage is wine that is for use during an event sponsored by the district or in connection with the district’s instructional program in viticulture or the district’s instructional program in enology.

 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.

AP 3600 Auxiliary Organizations

Reference: Education Code Sections 72670 et seq.; Government Code Section 12580 et seq.; title 5, Sections 59250 et seq.

Definitions Board of Directors – The term board of directors as used herein means the governing board of an auxiliary organization.

Board of Trustees – The term Board of Trustees as used herein means the Board of Trustees of the District.

Board of Governors – The term Board of Governors as used herein means the Board of Governors of the California Community Colleges.

Superintendent/President – The term Superintendent/President as used herein means the Superintendent of the District or designee.

District – The term District as used herein means the Mt. San Jacinto Community College District.

Associated Student Body – The terms Associated Student Body, Associated Student Organization, Student Association, Student Organization, or ASB as used herein means an organization formed by any group of students from a College of the District in accordance with the provisions of Education Code Section 76060. All clubs and organizations recognized by an Associated Student Body or Organization shall be included in any auxiliary organization established by the Student Body or Organization.

Recognition and Establishment of Auxiliary Organizations The Superintendent/President shall submit a recommendation to the Board of Trustees to establish an auxiliary organization when the organization will serve the District. The recommendation includes, but is not limited to, the following:  The purpose(s) for which the auxiliary organization is to be established;  Whether the proposed auxiliary organization will primarily serve the District or a particular District;  The functions which the auxiliary organization is intended to perform;

- 73 -  The proposed bylaws and articles of incorporation for the auxiliary organization, including the size and composition of the board of directors; and  The proposed written agreement between the auxiliary organization and the District, as required in Title 5, Sec. 59259. The process of recognition shall be as follows:  When the Superintendent/President receives a request to establish an auxiliary organization, the Superintendent/President shall submit a recommendation concerning the establishment of said organization to the Board of Trustees within three months.  The Board of Trustees shall hold a public hearing on each recommendation concerning the establishment of an auxiliary organization.  At a subsequent scheduled meeting after the public hearing, the board shall announce its decision concerning the establishment of the organization, and, if approved, authorize the functions it may perform, identify the number and category or categories of the board of directors and approve contractual arrangements. At such time as the District recognizes an auxiliary organization, it shall submit to the state Chancellor’s Office any written agreements with the auxiliary organization, as well as the articles of incorporation, bylaws, or other governing instruments.

Recognized Services, Programs and Functions Auxiliary organizations may be recognized and established by the Board of Trustees to perform the following services, programs and functions:  Student association or organization activities;  Bookstores;  Food and campus services;  Student union programs;  Facilities and equipment, including parking;  Loans, scholarships, grants-in-aid;  Workshops, conferences, institutes and federal and specially funded projects;  Alumni activities;  Supplementary health services;  Gifts, bequests, devises, endowments and trusts; and  Public relations programs. No auxiliary organization shall be authorized by the Board of Trustees to engage in any other function unless the Board of Governors amends Section 59259 of Title 5 by adding said function to the list of approved functions of auxiliary organizations. This section shall not be construed to prohibit an auxiliary organization from taking actions essential to satisfy the non-profit corporation or tax laws of the State of California or the Federal tax laws. Operations of commercial services on a campus shall be self supporting when operated by an auxiliary organization.

- 74 - Authority and Responsibility of Auxiliary Organizations Participation in workshops, conferences, or institutes offered by auxiliary organizations shall not be included in reports to the state for the purpose of receiving apportionment funding. All services, programs and activities that may be undertaken by an auxiliary organization shall be maintained for the general benefit of the educational program of the District. Upon Board of Trustees approval, an auxiliary organization may assume any of the services, programs and activities listed in these procedures in order:  To provide the fiscal means and the management procedures that allow the District to carry on educationally related activities not normally funded by State apportionment;  To eliminate the undue difficulty that would otherwise arise under the usual governmental budgetary, purchasing and other fiscal controls except as expressly prohibited by the Education Code or Title 5, or the District’s procedures; or  To provide fiscal procedures and management systems that allow effective coordination of the auxiliary activities with the District in accordance with sound business practices.

Composition of Boards of Directors The board of directors of each auxiliary organization shall have the following composition: Student Associations or Organizations. The board of directors shall consist primarily of students. The Student Trustee may attend and participate in meetings of the board of directors in order to advise on policy and to provide for the control and regulation required by Education Code Section 76060. Other Auxiliary Organizations. Any other District approved auxiliary organization that is established pursuant to Section 72670 et seq. of the Education Code shall have a board of directors appointed in accordance with the organization's articles of incorporation or bylaws and consisting of voting membership from one or more of the following categories: administration, staff; members of the community; students. The size of the board of directors of an auxiliary organization shall be at least large enough to accommodate the one or more categories from which board members are selected. The board of directors shall have the advice and counsel of at least one attorney admitted to practice in California and at least one certified public accountant. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant.

Conduct of Boards of Directors No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he/she is a member. Any contract or transaction entered into in violation of this section is void. No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Education Code Section 72677; nor shall

- 75 - any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met:  The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members.  The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. The provisions above shall not be applicable if any of the following conditions are met:  The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization.  The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest.  The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of five percent or more of the outstanding common stock.  A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Education Code Section 72677 and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. It is unlawful for any person to utilize any information, not a matter of public record, which is received by the person by reason of his/her membership on the board of directors of an auxiliary organization, for personal pecuniary gain, regardless of whether he or she is or is not a member of the board at the time such gain is realized.

Bylaws The bylaws of an auxiliary organization shall include, but not be limited to, specifying:  The number of members of the board of directors, the categories from which members shall be selected and the method by which they shall be selected.  The size of the board of directors.  That at least one public business meeting will be held each quarter.  The time table for the preparation and adoption of its program and annual budget and the submission of both for review to the Superintendent/President.  That an attorney admitted to practice in this state and a licensed certified public accountant shall be selected to provide advice and counsel to the board of directors. Each shall have experience appropriate to the responsibility and shall have no financial interest in any contract or other transaction entered into by the board which he/she serves. Neither the attorney nor the certified public accountant needs to be a member of the board of directors.  The procedures for approving expenditures.

- 76 -  The procedures for accepting gifts, donations, bequests, trusts and specially funded grants and other income.

Master Agreement between District and Auxiliary Organizations In the recognition and establishment of an auxiliary organization, there shall be a written agreement between the District and the auxiliary organization which sets forth the purposes of the auxiliary organization as permitted under this Regulation, and Title 5 Section 59259. Should an auxiliary organization provide more than one service, program or function, such service, program or function may be authorized in one of more written contracts with the District. Such services, programs and functions thereby performed by an auxiliary organization may also be part of a joint powers agreement in accordance with Education Code Section 72671 and Government Code Section 6500 et seq. An auxiliary organization shall provide only those services, programs or functions authorized by a written agreement. No other service, program or function shall be permitted or performed unless a written agreement between the District and the auxiliary organization is amended to provide otherwise. The agreement shall include, but is not limited to, the following provisions:  The services, programs, or functions the auxiliary organization is to manage, operate or administer.  A statement of the reasons for administration of the functions by the auxiliary organization instead of by the District under usual District procedures.  The areas of authority and responsibility of the auxiliary organization and the District or College.  The facilities and services to be made available by the District to permit the auxiliary organization to perform the services, programs or functions specified in the written agreement.  The charge or rental to be paid to the District by the auxiliary organization for the facilities used or services provided in connection with the performance of its function. The charge or rental specified shall be identified in sufficient time before it is incurred so that the organization may determine to what extent it is liable.  Full reimbursement to the District for services performed by the District or by District employees in support of the auxiliary organization. Student body auxiliary organizations may be exempt from reimbursing all or any portion of the costs for such services. Methods of proration where services are performed by District employees for the organization shall be as mutually determined.  A mutually agreed upon method of determining in advance to what extent the organization shall be liable for indirect costs relating to specially funded programs (including federally sponsored programs.).  The responsibility for maintenance and payment of operating expenses.  Proposed expenditures for public relations or other purposes which would serve to augment District appropriations for operation of the District. With respect to these expenditures, the auxiliary organization may expend funds in such amount and for such purposes as are approved by the board of directors of the auxiliary organization. The board of directors shall file with the Superintendent/President a statement of such policy on accumulation and use of public relations funds. The

- 77 - statement shall include the policy and procedure on solicitation of funds, source of funds, amounts, and purpose for which the funds will be used, allowable expenditures, and procedures of control.  The disposition to be made of net earnings derived from the operation of the auxiliary organization, including earnings derived from facilities owned or leased by the auxiliary organization, and provisions for reserves.  The disposition to be made of net assets and liabilities on dissolution of the auxiliary organization or cessation of the operations under the agreement.  The covenant of the auxiliary organization to maintain its organization and to operate in accordance with Sections 72670 through 72682 of the Education Code and with the regulations contained in Title 5, Section 59250 et seq., as well as District Board Policy.  The understanding that the auxiliary organization shall obtain the services and counsel of an attorney admitted to practice in the State of California whenever the need arises.  The understanding that the auxiliary organization shall not enter into any contract or other business arrangement involving real property either by lease involving payments of more than $25,000 per annum and duration terms of more than one year, or by purchase without prior notification and consultation with the [CEO].

Personnel Each auxiliary organization shall develop general regulations to govern its operations, including policies and regulations concerning the salaries, working conditions and benefits of its employees. The aforesaid regulations shall not conflict with the implementing policies adopted by the Board of Trustees or with these procedures. Except as otherwise provided in any board rules, the board of directors of each auxiliary organization shall, pursuant to Education Code Section 72672, provide salaries, working conditions and benefits for its full-time employees that are comparable to those provided District employees performing substantially similar services. For those full-time employees who perform services that are not substantially similar to the services performed by District employees, the salaries established shall be comparable to the salaries prevailing in other educational institutions in the area or commercial operations of like nature in the area. Regular District employees may be employed by the auxiliary organization. District employees must resign or request a personal leave of absence from the District in order to accept employment with the auxiliary organization. District officers and employees who are required by the district’s Conflict of Interest Code (AP 2712) to file disclosure of financial information are responsible to determine whether or not they are eligible to accept employment with the auxiliary organization immediately upon resignation from the district.  Educational Administrators or other Management Employees may be granted a personal leave of absence for two semesters, which may be extended to a maximum of ten consecutive semesters  Classified management employees may be granted a personal leave of absence for up to one year. This leave may not be extended beyond one year without the employee first having returned to active duty.

- 78 -  Academic (faculty) employees may be granted personal leave of absence for two semesters. The leave may be extended for not more than six consecutive semesters.  Classified employees may be granted a personal leave of absence for up to one year. This leave may not be extended beyond one year without the employee first having returned to active duty. The board of directors of each auxiliary organization may provide retirement benefits different from those provided comparable District employees and may withhold retirement benefits or permanent status benefits or both from temporary employees. For the purposes of this Procedure, a temporary employee is:  An employee employed for a specific research project, workshop, institute or other special project funded by any grant, contract or gift; or  An employee whose contract of employment is for a fixed term not exceeding three years. The board of directors of each auxiliary organization may withhold permanent status benefits from executive employees. For the purposes of this procedure, an executive employee is any management employee with responsibility for the development and execution of the auxiliary organization's policies and includes, but is not limited to, general managers, managers, directors and the like, as determined by the board of directors of each auxiliary organization. Should retirement benefits be provided, they may but need not be provided by the Public Employees' Retirement System. Any newly created auxiliary organization is exempted from the requirement of providing retirement benefits for a period not to exceed three years from the date on which the Board of Trustees recognizes the establishment of such auxiliary organization. An auxiliary organization may contract with the District for the services of a District employee and reimburse the District for that portion of the employee's full-time assignment (and corresponding benefits) that is spent in providing said services.

Accounting and Reporting for Auxiliary Organizations The fiscal year of the auxiliary organization shall coincide with that of the District. Each auxiliary organization shall develop an accounting system that is in accordance with generally accepted accounting principles. The auxiliary organization shall implement financial practices that will assure its fiscal viability. Such standards shall include professional management, adequate working capital, adequate reserve funds for current operations, capital replacements, contingencies and adequate provisions for new business requirements. Each auxiliary organization serving the District shall submit its programs and budgets for review at a time and in a manner specified by the Superintendent/President. Funds derived from indirect cost payments shall only be appropriated with the specific approval of the Superintendent/President. All uses of such funds shall be regularly reported to the district governing board. Should the Superintendent/President determine that any program or appropriation planned by an auxiliary organization is not consistent with District policy, the program or appropriation shall not be implemented. Further, should a program or appropriation which has received approval, upon review, be determined by the

- 79 - Superintendent/President to be operating outside the acceptable policy of the Board of Governors or the District, then that program or appropriation shall be discontinued by direction of the Superintendent/President until further review is accomplished and an appropriate adjustment is made. The board of directors of an auxiliary organization shall approve all expenditure authorizations. If the auxiliary organization receives or accrues in any fiscal year gross revenue of two million dollars ($2,000,000) or more, it shall also:  Include in its bylaws an audit committee appointed by the board of directors. The audit committee may include persons who are not members of the board of directors, but the member or members of the audit committee shall not include any members of the staff, including the president or chief executive officer and the treasurer or chief financial officer. If the auxiliary committee has a finance committee, it must be separate from the audit committee. Members of the audit committee shall not receive any compensation from the corporation in excess of the compensation, if any, received by members of the board of directors for service on the board and shall not have a material financial interest in any entity doing business with the corporation. Subject to the supervision of the board of directors, the audit committee shall be responsible for recommending to the board of directors the retention and termination of the independent auditor and may negotiate the independent auditor's compensation, on behalf of the board of directors.  The audited financial statements shall be available for inspection by the Attorney General and shall be made available to members of the public.  The board of directors, or an authorized committee of the board, shall review and approve the compensation, including benefits, of the President or Chief Executive Officer and the Treasurer or Chief Financial Officer to assure that it is just and reasonable. This review and approval shall occur initially upon the hiring of the officer, whenever the term of employment, if any, of the officer is renewed or extended, and whenever the officer's compensation is modified. Separate review and approval shall not be required if a modification of compensation extends to substantially all employees.

Records and Annual Report of Auxiliary Organizations Personnel and payroll records shall be maintained as permanent records by each auxiliary organization. Adequate records of all other transactions of an auxiliary organization shall be maintained for a minimum of five years. Transactions of the organization include, but are not limited to, purchases, disbursements, and investments. An annual report shall be submitted to the Board of directors of the auxiliary organization and to the Superintendent/President by September 15. The report shall include, but is not limited to:  All financial statements required to be filed with the state Chancellor’s Office  A comparison of budgeted and actual expenditures  A description of major accomplishments of the organization  A description of improvements proposed for operation of the organization.

- 80 - Annual Audit Each auxiliary organization shall have an annual fiscal audit of any and all funds. The audit shall be performed by a certified public accountant in accordance with procedures prescribed by the Board of Governors, as contained in the California Community College Auxiliary Organization Accounting and Reporting System as updated and amended from time to time. Copies of the annual audit report shall be submitted to the Board of Trustees and to the state Chancellor’s Office within 30 days after it is received by the auxiliary organization. Thereafter, it shall be a public record, except as otherwise provided by law. Such audits may be conducted as part of a fiscal audit of the District itself. Auxiliary organizations shall annually publish an audited statement of their financial condition, which shall be disseminated as widely as feasible and be available to any person on request. A reasonable fee may be charged to cover the costs of providing a copy. An auxiliary organization shall comply with this requirement by:  Publishing the audited financial statement in a campus newspaper; or  Publishing a notice in a campus newspaper indicating the on-campus location where copies of the financial statement may be obtained or reviewed; or  Publishing or noticing the audited statement in a campus bulletin or other appropriate medium if a campus newspaper is unavailable.

Insurance An auxiliary organization shall secure and maintain insurance adequate to protect its operations from catastrophic losses and as required by law, including but not limited to, the following:  Comprehensive liability;  Property and extended coverage, when applicable;  All risks, money and securities;  Fidelity and performance bonds covering its chief fiscal officer;  Automotive liability when applicable; and  Workers' Compensation In any insurance policy secured by the auxiliary organization, the District shall be named as additional insured. A copy of each policy or endorsement or insurance certificates setting forth the coverage and limits shall be provided to the District within 30 days from the receipt of the document. In obtaining the insurance coverage, the auxiliary organization may secure the insurance directly through its own broker or through the District.

Auxiliary Organizations: Use of Facilities Facilities may be made available by the District to an auxiliary organization to perform the functions specified in these regulations or in an agreement, under the following circumstances:  The auxiliary organization may occupy, operate and use such District facilities as are mutually identified as appropriate for the functions and/or activities that have been undertaken by the auxiliary organization.

- 81 -  The auxiliary organization shall pay to the District a charge or rental for the District facilities to be used by it in connection with the performance of its function or functions.  The charge or rental to be paid by the auxiliary organization shall not require involved methods of computation, and shall be identified by the District and the auxiliary organization in sufficient time before it is incurred so that the auxiliary organization may determine to what extent it shall be liable.  The charge or rental to be incurred by an auxiliary organization for use of District facilities in excess of five days shall be incorporated into the agreement between the parties.  An auxiliary organization shall provide full reimbursement to the District for any services performed by District employees under the direction of the auxiliary organization. Methods of proration where services are performed by District employees for the auxiliary organization shall be simple and equitable.

List of Auxiliary Organizations in Good Standing Each year, the Superintendent/President shall provide to the Board of Trustees a list of all auxiliary organizations in good standing. All auxiliary organizations which, after periodic review in the manner specified hereinafter in these regulations, are found to be in compliance with applicable laws, policies and regulations shall be included in the list. When the Superintendent/President has reason to believe that a particular organization should be removed from the list of auxiliary organizations in good standing, a conference shall be held to determine whether such grounds for removal do in fact exist. The board of directors of such organization shall be entitled to participate in this conference, and shall have a minimum of one month notice to prepare response to the issues which have been raised. Based upon such conference, the Superintendent/President shall decide whether the particular organization shall be removed from the list of auxiliary organizations in good standing. An organization so removed shall not be permitted to do any of the following:  Use the name of the District;  Have as a director any official in the District acting in his/her official capacity;  Operate a commercial service for the benefit of the District or any of its Colleges; and  Receive gifts, property or funds to be used for the benefit of the District or any of its Colleges. If the auxiliary organization is dissolved or ceases operations upon removal from the list of organizations in good standing, its net assets and liabilities shall be distributed according to the terms of the written agreement between the organization and the District.

Limitation on Transfer of Funds to Auxiliary Organizations No funds or resources, other than funds or resources derived from gifts or bequests, shall be transferred by the District to any of its auxiliary organizations for the purpose of either avoiding laws or regulations which constrain community college districts or providing the District with an unfair advantage with respect to the application of any

- 82 - state funding mechanism. Such state funding mechanisms include, but are not limited to, general apportionment funding, capital outlay funding, Extended Opportunity Programs and Services funding, and funding for programs and services for handicapped students.

Compliance Review by Superintendent/President All auxiliary organization procedures and practices shall be reviewed to determine compliance with Education Code Section 72670 et seq., and the policies, rules and regulations of the Board of Governors, and of the District. The Superintendent/President shall designate the individual to conduct this review, which shall be conducted at the end of the first complete fiscal year after its establishment and at least once every three years thereafter. When the Superintendent/President’s designee determines, after inspection and review, that certain auxiliary organization procedures and practices are not in compliance with policies, rules and regulations of the Board of Governors and the District, a recommendation concerning the items of noncompliance shall be communicated in writing to the Superintendent/President and to the board of directors of the auxiliary organization. The board of directors shall reply in writing within one month, either describing the actions which will be taken, including time table, to bring said procedures and practices into compliance; or describing the reasons why the board considers the procedures already to be in compliance. If the Superintendent/President’s designee considers the proposed corrective actions to be acceptable, the auxiliary organization shall be so informed. A second compliance review shall be held at the end of the time agreed to and the results communicated in writing to the Superintendent/President and to the board of directors. When the auxiliary organization fails to provide an acceptable proposal for corrective actions or fails to implement successful corrective actions within the agreed upon time, the Superintendent/President shall inform the board of directors of such further action as he/she considers appropriate, which may include a recommendation to the Board of Trustees for termination of the contract.

Revision of Rules and Procedures and Reports to the CCC System Office Rules and procedures for the administration of auxiliary organizations may be revised as necessary by the Superintendent/President or designee. The board of directors of each auxiliary organization in good standing shall be promptly notified in writing of such revisions and be informed of the date by which any changes in the organization's procedures must be accomplished. Any such revisions shall be submitted to the state System Office for approval. The District shall report, as may be required from time to time, on the operation of its auxiliary organizations.

AP 3710 Securing of Copyright

Reference: Education Code Sections 72207; 81459, 17 United States Code 201

Placeholder – Completion Pending (Note: Requires consultation through local decision making process.)

AP 3715 Intellectual Property

Reference: 17 USC 101 et seq.; 35 USC 101 et seq.; and 37 CFR 1.1 et seq.

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 (BP 4030) 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. “District Resources” means all tangible resources including buildings, equipment, facilities, computers, software, personnel, and funding. “Course Materials” 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. “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.

- 85 - “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 or 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 or 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

- 86 - (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 Superintendent/President 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 of 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 or 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 a 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.

- 87 - 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 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 or 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.

- 88 - 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 Dean of Library Sciences.

Intellectual Property Coordinator The Dean of Library Sciences 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 [insert authorized position] 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.

- 89 - Notification The Intellectual Property Coordinator shall provide a copy of these Intellectual Property Procedures to persons upon request. The District shall arrange training on a periodic basis for faculty, staff and/or other persons who are covered by this Intellectual Property Procedure.

AP 3720 Computer and Network Use

Reference: 17 U.S.C. Section 101 et seq.; Penal Code Section 502, Cal. Const. Art. 1 Section 1; Government Code Section 3453.1(b); Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

Computer and Network Use procedures are outlined in the District Acceptable Use Policy as reviewed and approved by the appropriate shared governance committee. Copies are available for review in the Information Technology Office.

AP 3750 Use of Copyrighted Material

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

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 Reference: Copyright Act, Section 107. 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.” I. Single Copying for Teachers A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class: A. A chapter from a book B. An article from a periodical or newspaper C. A short story, short essay or short poem, whether or not from a collective work D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper

II. 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: A. The copying meets the tests of brevity and spontaneity as defined below; and B. Meets the cumulative effect test as defined below; and C. Each copy includes a notice of copyright

- 92 - Definitions: Brevity: i. 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.

ii. 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.)

iii. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

iv. "Special" works: 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: i. The copying is at the instance and inspiration of the individual teacher; and

ii. 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: i. The copying of the material is for only one course in the school in which the copies are made.

ii. 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.

iii. 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.)

III. Prohibitions Notwithstanding any of the above, the following shall be prohibited: A. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur

- 93 - whether copies of various works or excerpts are accumulated or are reproduced and used separately. B. 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. C. Copying shall not: i. substitute for the purchase of books, publisher's reprints or periodicals ii. be directed by higher authority iii. be repeated with respect to the same item by the same teacher from term to term. D. No charge shall be made to the student beyond the actual cost of the photocopying.

Compilations Reference: 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.

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

Online Courses Reference: The TEACH (Technology, Education and Copyright Harmonization) Act, USC 17, Copyright Act, Sections 110(2) and 112

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.

AP 3810 Claims Against the District

Reference: Education Code Section 72502, Government Code Sections 900 et seq.; 910

Authority The Vice President of Business Services is responsible for administering claims against the District.

Definition Any claims against the District for money or damages, which are not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title I, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Code. This policy outlines the procedures for any claims against the District for money or damages. Claims must be presented according to this policy and related procedures as prerequisite to filing suit against the District.

Responsibilities  All claims for damage against the District must be accompanied by a completed “Claim Form Against District” available in the business services office or on the web at www.inside.msjc.edu under forms.

Department Procedures  The completed form and all other pertinent information is to be returned to the business services office to the attention of the Vice President of Business Services for immediate review.  Claims are presented to the Board of Trustees at the next regular Board meeting for further action.  Upon Board action communication is provided to the claimant providing legal notification and timelines for claimant rebuttal according to Government Code 910, et. Seq.  All information regarding the claim will be forwarded to the District’s Third Party Administrators for further follow-up.  Note: Section 72 of the California Penal Code provides: “Every person who with intent to defraud, presents for payment to any School District any false or fraudulent claim, is guilty of a felony punishable by fine and/or imprisonment.”

- 95 - MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT CLAIM FORM AGAINST DISTRICT

TO: Refer Response To: Name: Address:

Phone:

Name of Claimant Age Phone No.

Address City Zip

WHEN did damage or injury occur?

WHERE did damage or injury occur?

HOW and under what circumstances did damage or injury occur?

WHAT particular action by the school or its employees caused the alleged damage or injury: (Include names of employees, if known)

WHAT sum do you claim: Include the estimated amount of any prospective loss insofar as it may be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed: (Attach estimates or invoices, if possible)

Total Amount Claimed $

NAMES and addresses of witnesses, doctors and hospitals:

DATE: Signature of Claimant

NOTICE: Section 72 of the California Penal Code provides: "Every person who with intent to defraud, presents for payment to any School District any false or fraudulent claim, is guilty of a felony punishable by fine and/or imprisonment."

AP 3820 Gifts

All gifts are referred through the Foundation and follow the Gift Policy Summary located in the Foundation’s Board Directors manual. Copies are available for review in the Foundation office.

- 97 -

CHAPTER 4 - ACADEMIC AFFAIRS

AP 4010 Academic Calendar...... 98 AP 4020 Program and Curriculum Development...... 99 AP 4021 Program Discontinuance...... 102 AP 4025 Philosophy and Criteria for Associate Degree and General Education...... 104 AP 4026 Philosophy and Criteria for International Education...... 105 AP 4030 Academic Freedom...... 107 AP 4040 Library and Other Instructional Support Services...... 108 AP 4050 Articulation...... 114 AP 4060 Delineation of Functions...... 115 AP 4070 Auditing and Auditing Fees...... 116 AP 4100 Graduation Requirements for Degrees and Certificates 118 AP 4101 Independent Study...... 119 AP 4102 Occupational/Vocational Technical Programs...... 120 AP 4103 Work Experience...... 121 AP 4104 Contract Education...... 122 AP 4105 Distance Education...... 123 AP 4110 Honorary Degrees...... 125 AP 4220 Standards of Scholarship - Delegation...... 126 AP 4222 Remedial Coursework...... 128 AP 4225 Course Repetition...... 129 AP 4230 Grading Symbols...... 131 AP 4231 Grade Changes...... 132 AP 4232 Credit/No Credit...... 133 AP 4235 Credit by Examination...... 134 AP 4240 Academic Renewal...... 135 AP 4250 Probation, Disqualification, and Readmission...... 136 AP 4260 Prerequisites and Co-requisites...... 138 AP 4300 Field Trips and Excursions...... 140 AP 4400 Community Services...... 141 AP 4500 News Media...... 143 AP 4610 Instructional Service Agreements...... 145

- 98 - Mt. San Jacinto Administrative Procedures Community College District Chapter 4 1499 N. State Street Academic Affairs San Jacinto, CA 92583-2399

AP 4010 Academic Calendar

Reference: Education Code Section 79020; Title 5, Section 55700 et seq., Section 58142

Placeholder – Completion Pending.

AP 4020 Program and Curriculum Development

Reference: Title V Sections 51021, 55000 et seq., 55100 et seq.; Accreditation Standards II.A.

1.0 Curriculum Review The Academic Senate delegates to the Curriculum Committee, without forfeiting its rights or responsibilities under Title 5, Section 53200-53204.

The Curriculum Committee has the responsibility to establish prerequisites, co requisites, advisories on recommended preparation, curriculum development, general education requirements, graduation requirements, general education requirements, program review, grading policies, and certain limitations on enrollment using the curriculum review process and, program review, and program discontinuance.

The Curriculum Committee also reviews the course and prerequisites in a manner that meets each of the requirements under Title 5, Section 55201(b.1), and those specified in the curriculum review process. (http://www.msjc.edu/currcomm/)

On curricular and grading issues of a daily operational nature, this committee will make recommendations to the Board of Trustees with College Council review.

2.0 Program Review Program review is a systematic process of data collection, analysis, and interpretation for effective planning and accreditation review. Evaluation of programs includes: curriculum development and review; student access and success; and inclusion of program goals into institutional planning. The review of the quality and effectiveness of Mt. San Jacinto College programs is an ongoing professional responsibility and should be both meaningful and practical. In accordance with Title 5, Section 51022, Mt. San Jacinto College has adopted this program review plan. Any prerequisite or corequiste which is successfully challenged under Title 5, Section 5520 (f), subsections (1), (2), or (3) shall be reviewed promptly thereafter to assure that it is in compliance with other provisions of this policy and the law,

3.0 Instructor’s Formal Agreement to Teach the Course as Described Instructors will be provided with a copy of the course outline of record for all courses to which they are assigned. By accepting employment with the District, faculty agree to teach in accordance with the course outline, particularly those aspects of the course outline that are the basis for justifying the establishment of the prerequisite or corequisite

- 100 - 4.0 District Curriculum Approval Process This Curriculum Committee shall serve to consider and recommend policies and procedures regarding curriculum development, prerequisite, graduation requirements, general education requirements, program review, grading policies, and program discontinuance. On curricular and grading issues of a daily operational nature, this committee will make recommendations to the Board of Trustees with College Council review. The membership of the Curriculum Committee shall consist of:

Co-Chairs:  Vice President of Instruction  One Elected Faculty Member

Membership:  One Faculty Member from each cluster  Faculty Member-at-Large  Counselor  Distance Education Coordinator  Vice President of Instruction as a Non-voting Chair  Two (2) Instructional Administrators  Articulation Officer  Classified Staff Member  Two (2) Students, preferably 1 from each campus

At the annual organizational meeting the Curriculum Committee establishes the annual calendar for meeting schedule, and timelines for submission to the committee. These are posted on the MSJC Curriculum Website http://www.msjc.edu/currcomm.

Publication of changes and maintenance of records is distributed in print (minutes, class schedule, annual catalog). The college website is updated regularly.

A wide range of delivery systems and modes of instruction are used that include distance education and honors sections.

The following chart designates the responsibility and authority for initiation, review and approval of courses:

- 101 - MSJC Curriculum Process Flowchart for Standard Course Approvals

If course is being If a prerequisite/ recommended as a Prepare Submission corequisite or transfer course 1) Request for Placement (Form A) advisory is see the Articulation 2) Integrated Course Outline of Record (Form B) recommended for Coordinator for 3 Library Resources (Form C) the course see the instructions. 4) Transfer Level Course (Form D),(if applicable) Curriculum 5) Prerequisite, Corequisite, Advisory, (Forms E1- Coordinator for instructions. 4 wks prior to the Curriculum Meeting date, Dept If course is being Chair to forward electronic copies of all forms for recommended as a submission to the Curriculum Specialist to be AA/AS GE course placed in Blackboard for Technical Review.** **Course Author and Dept see your Cluster Chair are responsible for Coordinator to making all changes recommended by confirm placement. 2 wks prior to the Curriculum Meeting date, Dept Technical Review before Chair to sign and forward submission to their forwarding to Dean’s Dean’s Admin. Associate to hold for signatures. Admin. Associate for Signatures. 1 wk+ prior to the Curriculum Meeting date, the Dean’s Admin. Associate submits the complete signed package to the Curriculum Specialist.

If revisions are made, Your Dept Chair will be notified as to which submit the revised Curriculum Committee meeting date your submittal curriculum (by e-mail will be reviewed (1st read). You, your Dept Chair or or disk) to the Dean is required to attend the meeting to present Curriculum Specialist the submitted material. for placement on the Curriculum Agenda for 2nd read. The Author, Dept Chair or Dean must be present to discuss revisions at the 2nd read. If approved, the minutes are approved at the following curriculum meeting. The course is set up with a start or revision date that is concurrent with the beginning of the new catalog (Summer of the following academic year). Courses cannot start previous to the new catalog unless Emergency Request has been requested and approved.

Next, the items are After final approval by the The course outline of forwarded on to the Board Board of Trustees, the record is sent out for of Trustees for final course is added/updated in Articulation by the approval. the course database. Articulation Coordinator (for transfer level courses).

AP 4021 Program Discontinuance

Reference: Education Code 78016; Title 5, 51022, 55130

Background: Mt. San Jacinto College is fortunate at this time to have a strong and vibrant curriculum which is growing steadily to keep pace with transfer requirements and the needs of the job market. This may not always be the case. At a time like this when programs are not threatened, we have an excellent opportunity to construct a discontinuance policy which is fair and workable.

Principles: The following general principles should guide the program discontinuance process:  The primary consideration for the decision to review a program for discontinuance should be the service the program provides in relation to the college mission and educational master plan.  Budgetary considerations must not be the primary consideration in program discontinuance; however, in a fiscal emergency the following principles and procedures should be used as guidelines for discontinuance.  The alternatives considered in any discontinuance review should not be limited to the elimination of the program, but should entail active exploration of a plan for program revitalization.  When faculty employment implications are present, the Faculty Association must be consulted in the process.  Ideally the process should originate with Program Review, but between program review cycles, situations may arise which suggest initiation of this procedure.  When there is mutual agreement between the affected faculty of a program and the administration, and when students are not adversely affected, convening of a special task force outlined below will not be necessary. However, prior notice to affected constituencies and the recommendation of the Curriculum Committee is required.

Criteria: The following considerations should be weighed in evaluating any proposal for program discontinuance. The data should be qualitative as well as quantitative. Positive evaluations in any of the following criteria may be important considerations in the decision to develop a revitalization plan for the program in question.  Low or declining enrollments  Insufficient frequency of course section offerings  Poor retention in courses, resulting in low rates of student achievement of program goals

- 103 -  Poor term-to-term persistence for major courses in the program, resulting in low completion rates for degrees and certificates offered by the program  Declining market/industry demand or community need  Redundancy of curriculum in college or region  Advisory committee recommendation  Program Review recommendation  Unavailability of the university transfer major  Program no longer clearly related to the college mission and educational master plan  Decline in importance of service to other disciplines  Program no longer in line with current technology (note: this criterion may indicate the need for program revitalization).  Scheduling patterns not adequate to meet student needs.  Cost of revitalizing program in terms of equipment, supplies, and facilities.

Procedure: If there is contention within affected constituencies at the college concerning a decision to discontinue a program, the following procedure should be implemented.  Upon submission of evidence that a program is in decline (see criteria above), the Vice President of Instruction must convene a task force consisting of program faculty member(s), the relevant cluster coordinator(s), a dean, an institutional researcher, a counselor, and three tenured faculty members appointed by the Academic Senate who are not members of the program in question.  The program discontinuance task force will be given one semester to develop and submit a recommendation.  The task force should conduct hearings for affected groups such as students, faculty, student services staff, advisory committees, and community representatives. The effects on faculty contracts must be developed in close consultation and agreement with the Faculty Association.  Task force recommendations may include (1) phasing out the program over a time which considers students already in the program and issues of faculty assignment, (2) retention of the program in current form, or (3) a plan for revitalizing the program in question, including a timeline for doing so.  The task force recommendation for program discontinuance, including documentation of the decision and timeline for program phase-out, will be submitted to the Curriculum Committee.  The recommendation to discontinue a program will be a two-read action item for the Curriculum Committee. The recommendation will be sent to the Academic Senate for approval and then to the Board of Trustees for final approval.

AP 4025 Philosophy and Criteria for Associate Degree and General Education

Reference: Title 5, Section 55805; Accreditation Standard II.A.3.

Courses that are designated to fulfill the general education and depth requirements shall meet the following philosophy:

The awarding of an Associate degree is intended to represent more than an accumulation of units. It is to facilitate measurable student learning outcomes in vocational and liberal arts education. Among these are the ability to think and to communicate clearly and effectively both orally and in writing, to adequately utilize mathematics, to understand the modes of inquiry of the major disciplines; to be aware of other cultures and times; to achieve insights gained through experience in thinking about ethical problems; and, to develop the capacity of self-understanding.

The Superintendent/President in consultation with the faculty shall establish procedures to assure that courses used to meet general education and associate degree requirements meet the standards in this policy. The procedures shall provide for appropriate Academic Senate involvement.

See MSJC Curriculum Committee procedure for annual review of General Education requirements and See MSJC curriculum committee webpage (Title V GE Breadth Area Guidelines) for the placement of courses within the General Education pattern.

As part of the pre-approval process, each course is reviewed for compliance with minimum requirements for the Associate Degree. The Curriculum Committee determines appropriate placement in the General Education areas of (A) Natural Sciences, (B) Social & Behavioral Sciences, (C) Humanities, (D) Language & Rationality. Based upon guidelines established in Title V 55806.

AP 4026 Philosophy and Criteria for International Education

Reference: Education Code 66015.7

International education should encourage programs that support learning about other cultures, global issues, and the exchange of Californians and international students and scholars, such as:

 Develop courses of study in as many fields as possible to increase students’ understanding of global issues and cultural differences. o Such courses are developed by individual departments and designed to align with ILO’s regarding diversity. Courses are reviewed by curriculum committee and approved by the BOT before being offered in the general catalog.  Offer courses in languages other than English to train students to communicate effectively in other cultures and to enhance their understanding of other nations’ values. o MSJC currently offers course work in Spanish, French and American Sign Language.  Provide opportunities for students in all majors to participate in study abroad programs to enrich their academic training, perspectives, and personal development. o MSJC through its membership in the Southern California Foothills Consortium of Community Colleges, offers students the opportunity to study and live abroad. Students can earn 12 units of college credit towards a degree and fulfill general education transfer requirements.  Provide opportunities for domestic and international students to interact effectively and routinely share their views, perceptions, and experiences in educational settings. o Campus clubs operate under the ASB and are sponsored by an interested faculty member.  Develop innovative public educational forums and venues to explore global issues and showcase world cultures. o Shared governance provides a diversity committee chaired by a faculty member that offers many opportunities for student interaction.

For international students and scholars: Students from outside the United States will be admitted to MSJC if they meet the general admission requirements and the additional requirements for admission of

- 106 - international students. Enrollment Services has full information in admission of international students.

International students will be required to pay the prevailing non-resident tuition fee.  Encourage the presence of qualified students from other countries with sufficient geographic diversity to inspire an appreciation for differences among cultures and a deeper understanding of the values and perspectives of other people.  Facilitate faculty exchange and collaborative partnership programs with institutions in other countries.  Initiate collaborative research undertakings to address issues of global significance.  Recruit and retain the world’s best and brightest faculty to educate California’s students as globally competent citizens.

AP 4030 Academic Freedom

Reference: Title 5, Section 51023, Accreditation Standard II.A.7

It is the procedure of Mt. San Jacinto Community College District to adhere to the board policy regarding academic freedom (BP 4030).

AP 4040 Library and Other Instructional Support Services

Reference: Education Code Section 78100; Accreditation Standard II.C

General Library Procedures Members of the community are welcome to use the library for research. However, only current students, faculty or staff members of MSJC have borrowing privileges. An MSJC student ID card, or proof of employment is required.

Check-out Periods Books – 3 weeks at a time Popular Movie DVD’s and Music CD’s – 1 week at a time Popular Movie Video Tapes – vary according to type, 1 week or overnight (instructional and telecourse video tapes are available to students for library viewing only) Instructors – all videos and cd’s check out for 1 week

Renewals Books may be renewed if they are not overdue and no hold has been placed on them. Renewals may be made by telephone, walk-in or via our online catalog at http://library.msjc.edu. To renew online you must have your student ID number and library PIN number. Renewal phone number: 672-6752, x2525. There are no renewals on video tapes, DVD’s or CD’s.

Fines Books - $.20 per day Video Tapes, DVD’s and CD’s - $1.25 per day Fines do not accrue on Sundays or Holidays Borrowing privileges will be blocked for overdue items and/or fines totaling $1.00 Overdue items and/or fines exceeding $4.99 will prevent you from receiving grades, registering for classes or placing transcript requests.

Conduct Because the library is small, common courtesy demands that you respect the quiet of those students studying around you.

Children Library personnel take no responsibility for children left unattended in the library. If children are found to be here without an adult, the administration will be notified.

- 109 - Computer Use Guidelines Users must abide by MSJC’s Student Code of Conduct. The complete code is available for review at the circulation and reference desk of each Learning Resource Center.

Proscribed Conduct Theft or other abuse of computer time, including but not limited to:  Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.  Unauthorized transfer of a file.  Unauthorized use of another individual’s identification and password.  Unauthorized use of phone and electronic devices such as radio’s, etc.  Use of computing facilities to interfere with the work of another student, faculty member or College Official.  Use of computing facilities to send obscene or abusive messages.  Use of facilities to interfere with normal operations of the College computing systems. Library Computers may not be used to:  Engage in game playing, or “chat” on the Internet.  Access pornographic material on the Internet.  Make any attempt to alter software configurations.  Use any library workstation for any illegal or criminal purpose.  Violate copyright laws.

Collection Development Policy The purpose of this policy is to provide general guidance in the selection of library materials. Providing access to appropriate and relevant material to support the curricula and the mission of Mt. San Jacinto College are of primary importance. The library must also be responsive to student interests and strive to create a collection of materials that supports the academic, cultural, and personal information needs of the MSJC community.

Responsibility for Selection The Library relies on its own faculty and staff, the teaching faculty and students for purchase recommendations. It is a professional responsibility of teaching faculty to make recommendations in their respective disciplines and to incorporate library materials into course development. Since the librarian can best judge the balance of the total collection, the final decision concerning acquisitions rests with him/her.

All library users, regardless of status, are invited to make purchase recommendations to the Librarian.

Budget The Library maintains day-to-day control of its book budget, and does not assign allocations to subject areas or academic departments or divisions.

Intellectual Freedom The Library Bill of Rights applies without exception to all purchases of library materials. In the pursuit of knowledge and learning it is essential to include a variety of viewpoints, subjects that may be considered controversial, and to provide

- 110 - uncensored access to all library materials to all users. It is the responsibility of the Librarian to ensure that all points of view are represented in the collection and that the collection supports the college programs and diverse backgrounds, needs, and interests of library users. The Library endorses the American Library Association Bill of Rights, Intellectual Freedom Statement, Freedom to Read Statement, Statement on Challenged Materials, and the Freedom to View Statement adopted by the Association for Educational Communication and Technology. The principles of these documents are an integral part of this policy statement.

Challenged Materials Every effort is made to purchase materials representing different points of view on controversial issues, and to include topics and materials that reflect the diverse society in which we live. It is not the intent of the Library to offend any individual or group, but to provide unrestricted access to all ideas whether popular or not. The Library does not withdraw material based upon objections to content or ideas presented. If an individual or group objects to any material in the collection the individual or group will be required to complete a formal Request for Review of Library Materials form.

The Request for Review of Library Materials form should be referred to the Library Department Chair, who will discuss the challenged material with the complainant(s). If the request for review is not settled through discussions between the Library Chair and the requestor, the written specific objections shall be submitted to the Dean of Libraries who will assemble an ad hoc committee composed of library and teaching faculty to review the request. After reading, viewing, or listening to the complete work, the committee will make a decision regarding the material and inform the Dean of Libraries. The Dean of Libraries will inform the complainant(s) in writing of the decision.

Acquisition Priorities The first priority of the Library is to provide materials to students in support of curriculum requirements. Since a community college focuses on the first two years of an undergraduate curriculum with some junior level offerings, materials recommended for undergraduates will receive first priority for purchase. Second, the Library serves faculty research needs by purchasing more advanced materials when funds are available, or obtaining them on interlibrary loan. General reference, cultural, recreational and other materials are also acquired to meet the needs of MSJC community members and are purchased as funds permit. The collections of the library should be reflective of the diverse society in which we live and should therefore represent a variety of perspectives. The Library serves as a repository for major college documents.

Selection Criteria The following criteria are used when evaluating materials for inclusion in the collection: 1. Value of the content 2. Level of treatment 3. Present holding in the subject area 4. Price 5. Availability of funds 6. Reputation of the publisher and/or author 7. Indexing (periodicals)

- 111 - Selection Procedures Professional journals, reviewing publications, standard bibliographies, and publisher information may be used to select appropriate material.

Policies by Form of Material Hardbound versus Paperbound Books: Hardbound editions are generally the preferred format due to their greater durability. However, paperbound books may be purchased for topics which change rapidly, if a hardcover is not available, if the title requires frequent replacement, or if the paperbound appears to be a better value. The Library may decide to bind paperbound books.

Textbooks: Textbooks are not normally purchased unless they are “classics” in the field or are otherwise the only or best source of information on a topic. The Library does not purchase specific editions of textbooks used in college course. However, instructors may place copies on Reserve. Workbooks and study guides are not purchased.

Periodicals: The Library gives priority to relevant titles that are indexed in services to which the Library subscribes. The availability of titles in electronic format, the financial resources of the Library, and the availability of resources elsewhere in the geographic area are additional considerations.

Microforms: While the Library has an existing microform collection of magazine holdings, it no longer purchases materials in microform format.

Government Publications: The Library is not a depository for federal or California state government publications. International, federal, state and local government publications are selected according to the same criteria as other library materials and are placed in an appropriate location in the collection.

Foreign Language Materials: Items written in languages other than English are purchased when they support the language curricula of the college.

Literary Fiction: Items in this category are purchased according to the same criteria as other library materials.

Popular Works: Popular fiction is generally not purchased, as the local public library covers this area. Popular non-fiction is evaluated according to the same criteria as for other library materials. However, established literary works and new works receiving critical acclaim in the literary field are considered, especially those that support literature course offerings.

Computer Disks and Software: In general, the Library does not purchase computer disks or software, except where the same are included with hard copy books.

CD-ROMs: CD-ROMs will only be purchased if there is a clear advantage over other formats, e.g. permanent storage of archival materials. There is considerable opinion that CDs will be phased out over time by vendors, and more material will be published online.

- 112 - Electronic Databases: The Library subscribes to a number of electronic indexing and abstracting databases that contain citations to primarily journal articles and newspapers. In addition to the same general selection criteria for other formats, other criteria that should be applied include:  Some value-added enhancement must be offered to make it preferable over, or a significant addition to a print equivalent, e.g. more timely availability, more frequent updating, more extensive content, greater flexibility in searching, or greater functionality (such as the ability to invoke linkages to local or related sources)  Access is permitted via IP addresses rather than individual passwords  Compatibility with existing library technology  Offers greater access for users than other formats, and may be accessed from off-campus  Substantial added-in value such as full text should be offered

Electronic Books: Electronic books are considered for purchase when they provide the most current and/or most cost effective format, or to support distance education programs.

Media Materials: The Library selects media materials in support of classroom instruction, cultural, and recreational interests.

Out of Print Materials: Out of print materials are rarely purchased, as most selections are current publications. However, the Library recognizes the need for some out of print purchases to replace heavily-used items that are lost or withdrawn due to poor physical condition, or seminal works the Library does not hold when building up weak subject areas.

Duplicate Copies: The Library does not normally purchase duplicate or multiple copies, except in cases where heavy demand is anticipated.

Archival Materials: The Library collects administrative and historic documents relating to Mt. San Jacinto College such as college catalogs, newspaper clippings, accreditation reports, Board minutes, etc.

Gifts The Library welcomes gifts or donations and accepts them with the understanding that the materials will be evaluated according to the same standards as items purchased by the Library. Gifts that are not suited to the library collection because of age, format, topic, physical condition, or other factors will be disposed of according to College policies for surplus items. All gifts are acknowledged by the Library. However, no monetary evaluation can be done, pursuant to Internal Revenue Service regulations. The Library reserves the right to refuse a donation if the donor specifies special conditions, including retrieval from the donor’s home or special shelving requirements.

Collection Maintenance/Weeding Evaluation of the Library collection is undertaken as time and other duties permit. Faculty members are encouraged to survey their subject areas and recommend additions to and withdrawals from the collection. Outdated, seldom-used and

- 113 - damaged materials are withdrawn from the collection: these items and lost books are replaced at the discretion of the Librarian.

Privacy of Library Records In accordance with all applicable state laws and college policies, library patron records are confidential.

Learning Center The mission of the Learning Center is to provide students from all disciplines within the Mt. San Jacinto College District professional guidance and instruction using a wide variety of strategies and approaches to address the diverse needs required of those classes in which students are enrolled.

AP 4050 Articulation

Reference: Title 5 Section 51022(b); Accreditation Standard II.A.6.a; Education Code section 66720-66744

Placeholder – Pending Completion.

AP 4060 Delineation of Functions

Reference: Education Code Section 8535; 8536

The district does not presently have such a relationship with a local school district and therefore procedures are not appropriate at this time. If such a relationship should develop in the future the MOU and needs of the program will result in appropriate procedures.

AP 4070 Auditing and Auditing Fees

The Board may authorize a person to audit a community college course and may charge that person a fee pursuant to the Education Code.

Students who are not interested in earning credits can audit courses for a fee of $15 a unit for each semester or intersession. The auditing student is essentially a listener, who does not take examinations or receive credit.

Auditing of a course is at the discretion and permission of the instructor and has no impact on enrollment capacity.

The fee for auditing college credit courses shall be no more than $15 per unit. Students enrolled in classes to receive credit for ten (10) or more semester credit units shall not be charged a fee to audit three or fewer units per semester.

Priority in class enrollment shall be given to students desiring to take the course for credit; therefore, enrollment for audit will not be permitted until the late registration period.

Auditing requests are made through the instructor and with the approval of the area Dean of Instruction during the second week of the term. No audit requests are accepted after 10% of the course.

Once audit enrollment is completed, no student will be permitted to change his/her enrollment to receive credit or to reverse to audit.

The college may levy a fee on materials used on the student. This fee will be in addition to the auditing fee.

The college will maintain no attendance or transcript record.

No refunds will be made for student withdrawals unless the college cancels the course.

Rules and regulations pertaining to the credit student are applicable to the auditing student except tests and grade responsibility.

- 117 - Information regarding auditing shall be made available to students in the college catalog.

AP 4100 Graduation Requirements for Degrees and Certificates

Reference: Title 5, Sections 55800 et seq.

For the Associate in Arts or Associate in Science degree, a student must demonstrate competence in reading, in written expression and in mathematics.

The student must satisfactorily complete at least 60 semester units or 90 quarter units of college work.

A definition of “college work” that provides that courses acceptable toward the associate degree include those that have been properly approved pursuant to Title 5, Section 55002(a), or, if completed at other than a California community college, would reasonably be expected to meet the standards of that section.

The work must include at least 18 semester units or 27 quarter units in general education and at least 180 semester units or 27 quarter units in a major listed in the Community Colleges “Taxonomy of Programs”.

The work must include at least 12 semester units or 18 quarter units of study in resident; exceptions to the resident requirement can be made by the Board when an injustice or undue hardship would result.

The general education requirements must include a minimum of work in the natural sciences, the social and behavioral sciences, humanities, and language and rationality.

Ethnic studies must be offered.

District policies and procedures regarding general education and degree requirements must be published in the college catalog and must be filed with the State Chancellor’s Office.

For a certificate of achievement, a student must successfully complete a course of study or curriculum as specified.

AP 4101 Independent Study

Special Projects For students with previous course work in the specific program area. Arrangements may be made with an instructor to supervise the special project. These projects are available for variable units (see individual Program Planning Guides for number of units) and involve research and special study in areas of interest within a given subject field. The actual nature of the project MUST be determined in consultation with the supervising instructor. See specific subject areas for the course number of the special project class. Times are by arrangement. No student may claim more than 12 units of special projects credits toward graduation.

AP 4102 Occupational/Vocational Technical Programs

The competence of students completing vocational and occupational programs shall be evaluated by the same criteria that are used for all courses and in accordance with specific requirements established by the college for individual programs. Students completing programs that are additionally approved by third party regulatory agencies such as Board of Registered Nurses, NATEF, Licensed Vocational Nurses, and other will have additional program competencies established under the district’s program approval on file in the Office of Instruction from third party regulators.

Advisory committees for occupational/vocational programs shall be established by the college within the Career Education Unit to assist in maintaining relevant curriculum, technology, equipment, course content, student internships and placement and to serve as liaison with local and regional employers and industry associations.

Members of advisory committees are appointed in accordance with processes established by the college and the Career Education Unit and should include appropriate program faculty, employers and employees in the field for which the program is designed to train students; former and current students; the Department Chair/Cluster Leader and Dean or Associate Dean of Career Education or Associate Dean of Allied Health.

AP 4103 Work Experience

Providing Work Experience opportunities is considered by Mt. San Jacinto College to be integral to meeting the needs of career-oriented young people and adult learners in gaining knowledge of all aspects of industry and acquiring realistic experiences through work. By participating in cooperation with public or private local businesses, or agencies, students can expand valuable practical knowledge and apply skills learned in the community college classroom to the workplace. The district’s plan has been developed, reviewed by the governing Board and submitted to the State Chancellor’s Office.

The work experience program plan is held on file in the Office of the Coordinator of Work Experience. It includes a description of the responsibilities of college faculty in administration of the program, outlines responsibilities of the student, employer/agencies, and work experience coordinator/faculty.

The college provides a sufficient number of qualified academic personnel and clerical support to expertly oversee the activities of students participating in work experience.

The college maintains documented processes that assure students’ quality on-the- job learning experiences. This student documentation includes assigned work experience site information, title of job held, units of work experience in which the student is enrolled, and written measurable learning objectives detailed on an individualized training plan. These records are held in student case files and outline the basis for awarded grades and credits including course assignments as well as summaries of student and employer conferences, timesheets, and employer’s evaluations of student achievement.

The work experience program plan is reviewed annually and modified if needed.

Apportionment generated is in accordance with Article 5 section 58051 and 58009.5.

AP 4104 Contract Education

Reference: Title 5, Sections 55170; Accreditation Standard IV.D.6

The district may contract for instructional services to be offered at the request of public or private agencies or groups.

Contract Education not-for-credit and credit courses and seminars are seen as integral parts of the district’s array of educational programs dedicated to meeting the needs of local businesses and economic development entities satisfying one of the missions of the California Community College to provide “Economic and Workforce Development to meet the ever increasing demands of career oriented young people, adult learners and incumbent workers.”

Customized courses and seminars may be developed and maintained in subject areas mutually agreed upon by the contracting agency/company including any public or private agency, corporation, association, or other body or person. Classes are designed to provide instruction and to contribute to the physical, mental, moral, economic or civic development of the individuals or groups contracting.

Contract classes are of a limited scope and duration, the terms of which are spelled out and approved by the agency /company and the college’s Board of Trustees and shall be obtained in the manner provided for by law.

General fund moneys are not expended to establish and maintain contract education classes.

Apportionment is not drawn for classes established through a contract with any agency/company.

All contract education courses shall be reviewed and approved by the Governing Board before the course is offered by Mt. San Jacinto College.

Instructors of Community Education courses and seminars shall be selected and hired according to procedures existing in the Mt. San Jacinto College, carried out by the department of Community Education and Services and approved by the District’s Board of Trustees.

Evaluation of contract education courses and seminars shall be conducted in cooperation with the contracting company/agency on an individual basis.

AP 4105 Distance Education

Reference: Title 5, Section 55205 (formerly section 55370)

55205. Definitions and Application. Distance education means instruction in which the instructor and student are separated by distance and interact through the assistance of communication technology. All distance education is subject to the general requirements of this chapter as well as the specific requirements of this article. In addition, instruction provided as distance education is subject to the requirements that may be imposed by the Americans with Disabilities Act (42 U.S.C. §12100 et seq.) and section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. §794d).

Definitions (as referenced above): Mt. San Jacinto College has, through its participatory governance process defined our fully online courses as requiring no campus meetings for students, tests may be proctored; hybrid (blended) courses are defined as any course that has some face-to-face time replaced by online activities; web mediated courses are defined as courses that have web activities required as part of the course but no face-to-face time is regularly replaced by online activities; technology enhanced courses are defined as courses in which technology is used in the delivery method for the content. Online, hybrid and web mediated courses are identified in the class schedule.

Quality and Separate Course Approval (Reference Title 5 sections 55207 and section 55213): Online and hybrid course content and objectives are the same as face-to-face courses and only the methods of instruction are adapted for web delivery. Evaluation methodology may also be adapted for web delivery. These two types of courses must have approval separate from the general course approval process, to ensure that they are being adapted appropriately for web delivery. Course quality and approval processes are matters of an academic and professional nature and have been developed through the Educational Technology Committee and Curriculum Committees.

Faculty Selection (Reference Title 5 Section 55215): Mt. San Jacinto College adheres to the section, which states that all distance education faculty meet minimum qualifications for teaching in the appropriate discipline.

Number of Students (Reference Title 5 Section 55217): Maximum class size for Distance Education Courses, particularly fully online courses, is set as suggested in Title 5 as consistent with other class size determination procedures and is developed in

- 124 - collaboration with the Curriculum Committee and approved by the District in negotiation with the appropriate faculty association.

FTE Computation for Distance Education Courses (Reference Section 58003.1: Mt. San Jacinto adheres to the regulations regarding computation of FTE in Distance Education Courses. Most courses are computed using the Daily Student Contact Hours Procedure except lab classes, which are computed using the Weekly Student Contact Hour Procedure as defined in the regulations section 58003.1(b) and 58003.1(c).

Non Credit Distance Education Courses: Mt. San Jacinto College adheres to Title 5 section 58003.1(f) in calculation of these courses. This procedure requires two census points (one-fifth and three-fifths point in the length of each course) in which student contact hours and active enrollment are determined. The average of the contact hours generated at these two points are divided by 525 to compute FTES.

Tutoring via Distance Education (Reference Title 5 sections 58168 and 58170 as amended in 2006): Tutoring for the Mt. San Jacinto College Distance Education program, is done by tutoring staff who meet all Title 5 standards and is done through the college’s Learning Resource Centers. Apportionment for tutoring is calculated as “Supervised Tutoring” as carrying Taxonomy of Programs number 49309.09.

Access for the Disabled: The Americans with Disabilities Act of 1990, section 508 of the Rehabilitation Act of 1973, and the California Government Code section 11135 all require that accessibility for persons with disabilities be provided in the development, procurement, maintenance, or use of electronic or information technology by a community college district using any source of state funds. Mt. San Jacinto College requires accessibility requirements to be followed in all Distance Education courses from the time separate approval is granted through the development and implementation of all distance education programs. Assistance for this process is offered through the MSJC DSPS program and through state grants as determined by the System Office and The High Tech Center Training Unit of the California Community Colleges.

Supervision: Mt. San Jacinto College’s Distance Education Program falls under the direct supervision of the Dean of Academic Success and Technology, who is under the supervision of the Vice President of Instruction. MSJC also employs a Faculty Distance Education Coordinator who serves as a liaison between faculty and district administration regarding faculty selection, training, curriculum approval, course management software selection and other academic and professional matters related to Distance Education as needed.

AP 4110 Honorary Degrees

The district currently does not issue Honorary Degrees.

AP 4220 Standards of Scholarship - Delegation

Reference: Education Code Section 70902(d); Title 5, Sections 55202, 55758

The credit classes of the District are graded according to the following standards. These standards are consistent with other colleges of the California Community College system, and the grading standards of four-year transfer institutions.

‘ A’ – Superior or Excellent (4 grade points): Honor grade indicating excellence earned as a result of consistently superior examination scores; consistently accurate and prompt completion of assignments; ability to deal resourcefully with abstract ideas; superior mastery of pertinent skills; and promise of success in field relating to the subject.

‘ B’ – Better than Average/Good (3 grade points): Honor grade indicating competence earned as a result of high examination scores; accurate and prompt completion of assignments; ability to deal well with abstract ideas; commendable mastery of pertinent skills; and promise of continued success in sequential courses.

‘ C’ – Average/Satisfactory (2 grade points): Standard college grade indicating successful performance earned as a result of satisfactory examination scores; generally accurate and prompt completion of assignments; ability to deal with abstract assignments; average mastery of pertinent skills; and sufficient evidence of ability to warrant entering sequential courses.

‘ D’ – Passing, Less than Satisfactory (1 grade point): Substandard grade indicating the minimum requirements only earned as a result of low examination scores; generally inaccurate, incomplete or late assignments; inadequate grasp of abstract ideas; barely acceptable mastery of pertinent skills; or insufficient evident ability to make enrollment in sequential courses advisable.

‘ F’ – Failing (0 grade points): Non-passing grade indicating failure to meet minimum requirements earned as a result of non-passing examination, abstract ideas, inadequate mastery of pertinent skills; or repeated absence from class.

‘ I’ – Incomplete (no grade points, no units attempted): Incomplete academic work for unforeseeable, emergency and justifiable reasons at the end of the term may result in an ‘I’ symbol being entered in the student’s record. The condition for removal of the ‘I’ shall be stated by the instructor in a written record. This record shall contain the conditions for removal of the ‘I’ and the grade assigned in lieu of its

- 127 - removal. This record must be given to the student with a copy on file with Enrollment Services Office until the ‘I’ is made up or the time limit has passed. The ‘I” may be made up no later than six weeks within the subsequent term (excluding summer session) in which it was assigned. A student may petition for an extension of time due to unusual circumstances before the time limit has passed. The ‘I’ symbol shall not be used in calculating units attempted or for grade points.

‘ IP’ – In Progress (no grade points, no units attempted): The ‘IP’ symbol shall be used to denote that the class is scheduled to extend beyond the normal end of an academic term. It indicates that work is “in progress” but that assignment of a substantive grade must await its completion. The ‘IP’ symbol shall remain on the student’s record for the term in which the course is completed. The ‘IP’ shall not be used in calculating grade-point averages.

‘ RD’ – Report Delayed (no grade points, no units completed): Only the Director of Enrollment Services may assign the ‘RD’ symbol. It is to be used when there is a delay in reporting the grade of a student due to circumstances beyond the control of the student. It is a temporary notation to be replaced by a permanent symbol as soon as possible. ‘RD’ shall not be used in calculating grade-point averages.

‘ W’ – Withdrawal (no grade points, no units completed): The ‘W’ symbol shall be used to denote withdrawal from a class. Withdrawal from a class or classes shall be authorized through the last day of the 13th week of instruction. During a six-week summer session, the final withdrawal date shall be the second day of the 5th week of instruction. The grade indicates that the course has been canceled from the student’s program of study without credit and is not included in the grade point computation.

‘ MW’ – Military Withdrawal (no grade points, no units completed): An ‘MW’ symbol occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a ‘MW’ symbol will be assigned. Military withdrawals shall not be counted in progress probation and dismissal calculations.

‘ CR’ – Credit (no grade points, no units attempted, but counts for units completed): ‘Credit’ means that credit has been earned for the course although there are no grade points and the grade is not used in computing grade point average, and will reflect performance equivalent to a ‘C’ under the letter grade system.

‘ NC’ – No Credit (no grade points, no units attempted, no units completed): ‘No Credit’ means that neither units nor grade points have been earned. Units for which ‘NC’ is given are not to be used in calculating grade point averages.

AP 4222 Remedial Coursework

Reference: Title 5, Section 55756.5

Remedial coursework consists of pre-collegiate basic skills courses. At MSJC such courses are numbered below 070 in the catalog.

A student’s need for remedial coursework shall be determined using appropriate assessment instruments, methods, or procedures. MSJC currently uses the Accuplacer-Computer Placement Test and Accuplacer Companion (paper and pencil). The Accuplacer assessment, coupled with multiple measures, provides accurate course placement that enhances a student’s potential for success in their courses. Students will only be permitted to enroll in courses with the appropriate course placement scores or completion of the required prerequisite/corequisite.

No student shall receive more than 30 semester units [or 45 quarter units] for remedial coursework. A student who exhausts this unit limitation shall be referred to appropriate adult noncredit education services.

A student who successfully completes remedial coursework or who demonstrates skill levels which assure success in college-level courses may request reinstatement to proceed with college level coursework.

Students enrolled in one or more courses of English as a Second Language and students identified as having a learning disability are exempt from the limitations of this procedure.

Students who demonstrate significant, measurable progress toward development of skills appropriate to enrollment in college-level courses may be granted a waiver of the limitations of this procedure.

MSJC catalogs shall include a clear statement of the limited applicability of remedial coursework toward fulfilling degree requirements and any exemptions that may apply to this limitation.

AP 4225 Course Repetition

Reference: Title 5 Sections 55761-55763, 58161

In accord with limitations established by the college, students may petition for approval to repeat courses in which substandard grades were awarded.  Substandard grades are considered to be D, F, or NC, and include FW. A withdrawal from a course with a notation of ‘W’ shall not be considered a substandard grade. The college is authorized to establish procedures for the exclusion of students from courses in which they have earned substandard grades or recorded withdrawals and repetitions beyond the specific limits established for a particular course.  Petition forms may be obtained in the Enrollment Services offices and must be approved by the Director of Enrollment Services.

Students who have received two substandard grades (D,F, or NC) in a course shall normally be prohibited from re-enrolling in that course. The college shall establish procedures for the consideration of requests from students to retake courses in which two or more substandard grades have been earned. The college may drop students from courses they have enrolled in if the student has previously earned two or more substandard grades.  Students may petition to have the substandard grade, grade points and units excluded from computation of the student’s grade point average.  Courses that are repeated shall be recorded on the student’s permanent academic record using an appropriate symbol. Annotating the permanent record shall be done in a manner that all work remains legible, ensuring a true and complete academic history.

The college may establish procedures for the exclusion of students from courses for which they have received excessive W’s. Specifically, the college may block students from re-enrolling in such courses. The college shall establish procedures for the consideration of requests from students to retake courses in which excessive W’s have been earned.

The college may adopt procedures consistent with Title 5, Section 55763, to allow repetition of courses for which substandard work has not been recorded. Repetition of courses for which substandard work has not been recorded shall be permitted in accord with college guidelines and only upon petition of the student.

- 130 - Specific regulations regarding course repetition are published in the college catalog. Students should consult the college catalog for specific procedures for courses that are exempt from repetition, provisions for repeating courses taken at another college, and provisions for repetition of work not recorded as substandard.

AP 4230 Grading Symbols

Reference: Title 5 Section 55758

Evaluation symbols (grades) are issued in each course at the end of each semester and summer session. The unit of measure utilized at Mt. San Jacinto College is the semester unit.

Evaluation grades are averaged on the basis of the point equivalencies to determine a student’s grade-point average. Non-evaluative symbols are not used in calculating grade-point averages. Evaluative symbols and grade-points are as follows:

Evaluative Symbols and Grade Points

Evaluative Symbols Definition Grade Point Grade Average A Excellent 4 B Good 3 C Satisfactory 2 D Passing, less than satisfactory 1 F Failing 0 CR Credit (at least satisfactory) NC No credit (less than satisfactory

Non-Evaluative Symbols and Grade Points

Evaluative Symbols Definition Grade Point Grade Average I Incomplete 0 IP In Progress 0 RD Report Delayed 0 W Withdrawal 0 MW Military Withdrawal 0

AP 4231 Grade Changes

Reference: Education Code Section 76224, 76232; Title 5, Section 55760

The instructor of the course shall determine the grade to be awarded to each student. The determination of the student’s grade by the instructor is final in the absence of mistake, fraud, bad faith, or incompetency. The removal or change of an incorrect grade from a student’s record shall only be done upon authorization by the instructor of the course.

In the case of fraud, bad faith, or incompetency, the final determination concerning removal or change of grade will be made by the Academic Standards Committee. All grade changes must take place within five years of initial award of grade.

AP 4232 Credit/No Credit

Reference: Title 5, Section 55752

Courses may be offered in either or both of the following categories: Courses in which all students are evaluated on a “credit-no credit” basis; Courses in which each student elect on registration or by the end of the fifth week of the semester (for fall or spring) to take the course on a “credit-no credit” basis.

A student electing to be evaluated on the “credit-no credit” basis will receive both course credit and unit credit upon satisfactory completion of the course. In computing a student’s grade-point average, grades of “credit-no credit” are omitted.

A credit grade is granted for performance that is equivalent to the letter grade of “C” or better. A student who fails to perform satisfactorily will be assigned a “no credit” grade.

The student is held responsible for all assignments and examinations required in the course. The standards of evaluation are identical for all students in the course.

AP 4235 Credit by Examination

The student may demonstrate proficiency in a course and receive college credit by taking a written examination or any other approved method which shows the student has mastered the objectives of the course. These methods include:

Credit by Examination The individual department and/or instructor has the final decision of whether or not the test will be administered. If approved by the instructor, a student who has completed 12 or more units with a 2.0 GPA at MSJC may be granted credit for satisfactorily passing an examination conducted by proper authorities of the college. Such a credit may be granted only to a student who is in good standing and registered in a course of three units or more at the time credit by examination is authorized for a course in which a student is currently enrolled or earned a grade in the course including a “W” grade. The examination will be comprehensive and a grade of credit will be recorded on the student academic record and clearly annotated to reflect that the credit was earned by examination. No grade points will be assigned and the credit by examination units cannot exceed twelve (12) as applicable to graduation or counted in determining the twelve (12) units required for residency. Concurrent approval of the instructor, Dean of Instruction, and Dean of Enrollment Services is required prior to taking the examination. The approval form is obtained in the Enrollment Services Office and fees are paid in the Cashiers Office. Nonresidents are required to pay for these additional units as non-resident tuition. Credit by examination is not treated as part of the student’s class load and is not considered for financial aid or veteran’s benefits in the application of those regulations.

Students who have satisfied a requirement at another institution through testing or assessment but have not been awarded course credit, will not be granted credit at MSJC. Students are welcome to pursue the earning of course credit by the Credit by Exam process.

AP 4240 Academic Renewal

Reference: Title 5, Section 55764, 55765

The Academic Renewal Procedure (Section 51318, California Administrative Code) permits the alleviation of students’ previously recorded substandard academic performance that is not reflective of a student’s present demonstrated ability and level of performance. As a consequence, Academic Renewal may gain for students the benefits of their current level of ability and performance and not permanently penalize them for poor performance in the past.

Academic renewal may be accomplished by a petition of a student or former student. The college may disregard particular previously recorded substandard work from a student’s cumulative grade point average per procedures below.  The student may petition to have units and credits for all courses taken during one semester of college attendance eliminated from the computation of the total grade-point average. Under extenuating circumstances a second semester, consecutive with the first semester petitioned, may be considered with the same regulations.  The student must have completed at least the equivalent of one semester of college work (12 units) at Mt. San Jacinto College with a grade point average of 2.0 (C) subsequent to the semester being petitioned.  The semester(s) under consideration must have been completed at least one calendar year prior to the time of the petition.  The semester(s) under consideration must have been at Mt. San Jacinto College and all courses considered under the petition must have been taken at Mt. San Jacinto College.  No student may petition under these regulations more than one time.  Action taken under this regulation will not remove the courses, grades or any other information from the official transcript. The grade notation of the number “4” (representing academic renewal) will be annotated next to each course affected in such a manner that all work will remain legible, thereby ensuring a true and complete academic history.  Courses affected by approval of the petition may be repeated under regulations of Repetition of Courses (see AP 4225) at Mt. San Jacinto College except in those instances where a course at a higher level is being taken or has been completed by the student.

AP 4250 Probation, Disqualification, and Readmission

Reference: Education Code Section 70902(b)(3); Title 5, Sections 55754, 55755, 55756, 55759, 55764

Probation:  Placement on Probation: o Academic Probation: A student who has attempted at least 12 semester units as shown by the official academic record shall be placed on academic probation if the student has earned a grade-point average of below 2.0 (C) in all units that were graded on the basis of the grading scale. o Progress Probation: A student who has enrolled in a total of at least 12 semester units as shown by the official academic record shall be placed on progress probation when the percentage of all units in which a student has enrolled and for which entries of ‘W’, ‘I’ and ‘NC’ are recorded reaches or exceeds fifty percent (50%).

 Notification of Probation: Each student is entitled to be notified of his/her academic difficulty and the availability of college support services to respond to the academic difficulty before the student is dismissed. Notification will consist, at a minimum, of the following: At the end of the semester in which the student’s grade-point average falls below 2.0 in all units attempted, a notice that the student is on probation shall be sent to the student informing him/her that he/she is on academic probation. If the percentage of a student’s recorded entries of “W,” “I,” and “NC” in at least three consecutive semesters reaches or exceeds 50% of all units in which a student has enrolled, the student shall be placed on progress probation. At the end of the third semester on which the student is on academic or progress probation, a notice that the student is subject to dismissal will be sent to the student informing him/her that he/she is subject to dismissal.

 Probationary Letter: The letter notifying the student of probation will cover, at a minimum, the significance of being on probation and description of the services available. A student who is on academic probation and earns a semester grade point average of 1.75 or better shall not be dismissed as long as this minimum semester grade point average is maintained.

- 137 - Disqualification and Dismissal:  Standards for Dismissal: A student who is on academic probation shall be subject to dismissal if the student has earned a cumulative grade point average of less than 1.75 in all units attempted in each of three (3) consecutive semesters. A student who has been placed on probation shall be subject to dismissal if the percentage of units in which the student has been enrolled for which entries of ‘W’, ‘I’, and ‘NC’ are recorded in at least 3 consecutive semesters (5 consecutive quarters) reaches or exceeds fifty percent (50%).

 Dismissal Letter: The letter notifying the student that he/she is subject to dismissal will cover, at a minimum, reference to this procedure, explanation of what dismissal means, procedure for reinstatement, and procedure to appeal the dismissal. o Students who are dismissed for academic and/or progress reasons, where a substandard cumulative grade point average is at or below 1.75, shall not be permitted to enroll for one semester.

 Re-Admission after Dismissal: Following a semester dismissal, a student whose cumulative grade point average is at least 1.75 may return to college on a probationary status without petition. o Students whose grade point average, as described above, is below 1.75, must petition for readmission based upon evidence that the impediments that caused previous failure have been removed. o Students may petition the Academic Standards Committee to remove dismissal when the student can demonstrate that continued enrollment is warranted.

AP 4260 Prerequisites and Co-requisites

Course Prerequisites and Co-requisites:  The college shall provide the following explanations both in the college catalog and in the schedule of classes. o Definitions of prerequisites, co-requisites, and limitations on enrollment including the differences among them and the specific prerequisites, co- requisites, and limitations on enrollment that have been established. o Procedures for a student to challenge prerequisites, co-requisites, and limitations on enrollment and circumstances under which a student is encouraged to make such a challenge. The information about challenges must include, at a minimum, the specific process including any deadlines, the various types of challenge that are established in law, and any additional types of challenge permitted by the college. o Define advisories on recommended preparation, the right of a student to choose to take a course without meeting the advisory, and circumstances under which a student is encouraged to exercise that right.

Challenge Process . Any student who does not meet a prerequisite or co-requisite or who is not permitted to enroll due to a limitation on enrollment but who provides satisfactory evidence may seek entry into the class as follows: o If space is available in a course when a student files a challenge to the prerequisite or co-requisite, the District shall reserve a seat for the student and resolve the challenge within five (5) working days. If the challenge is upheld or the District fails to resolve the challenge within the five (5) working-day period, the student shall be allowed to enroll in the course. o If no space is available in the course when a challenge is filed, the challenge shall be resolved prior to the beginning of registration for the next term and, if the challenge is upheld, the student shall be permitted to enroll if space is available when the student registers for that subsequent term.

Grounds for challenge shall include the following:  Those grounds for challenge specified in title 5, Section 55201(f).  The student seeks to enroll and has not been allowed to enroll due to a limitation on enrollment established for a course that involves intercollegiate competition or

- 139 - public performance, or one or more of the courses for which enrollment has been limited to a cohort of students. The student shall be allowed to enroll in such a course if otherwise he or she would be delayed by a semester or more in attaining the degree or certificate specified in his or her educational plan.  The student seeks to enroll in a course that has a prerequisite established to protect health and safety, and the student demonstrates that he or she does not pose a threat to himself or herself or others.  The student has the obligation to provide satisfactory evidence that the challenge should be upheld. However, where facts essential to a determination of whether the student’s challenge should be upheld are or ought to be in the college’s own records, then the college has the obligation to produce that information.

AP 4300 Field Trips and Excursions

The District may conduct field trips and excursions in connection with courses of instruction or college-related social, educational, cultural, athletic or musical activities to and from places in California, or any other state, the District of Columbia, or a foreign country for students.

The District shall engage instructors, supervisors, and other personnel as may be necessary for such excursions or field trips who desire to contribute their services over and above the normal period for which they are employed by the District.

The District shall, at the discretion of the Associate Dean of Support Services, transport students, instructors, supervisors or other personnel by use of District equipment, contract to provide transportation, or arrange transportation by the use of other equipment.

When District equipment is used, the District shall obtain liability insurance, and if travel is to and from a foreign country, the liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country.

The District may pay expenses of instructors, chaperons and other personnel participating in a field trip or excursion. Payment shall be by way of itemized reimbursement in a form prescribed by the Instructional Dean. The District shall not pay expenses of students participating in a field trip or excursion to any other state, the District of Columbia, or a foreign country with District funds.

No student shall be prevented from making a field trip or excursion because of lack of sufficient funds. The District shall coordinate efforts of community services groups to provide funds for students in need of them.

All persons making a field trip or excursion shall be deemed to have waived all claims against the District for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking such trips and all parents or guardians of minor students shall sign a statement waiving such claims.

AP 4400 Community Services

Reference: Education Code Section 78300 et seq.; Title 5, Sections 55002, 55160(b)

The District’s Community Services Education Policy is based on the following standards against which the Board of Trustees will measure specific requests:

Community Services courses and activities are not-for-credit fee based courses seen as an integral part of the district’s array of educational programs, offered through the Community Education and Services Department and supported by the California Community College’s mission of providing “Lifelong Learning and Educational Opportunities for all Californians.”

Classes may be established and maintained in civic, vocational, literacy, health, homemaking, technical and general education, including, but not limited to classes in the fields of basic skills training, parenting, ESL, music, drama, art, handicraft, science, literature, nature study, sports and physical fitness, and those held for the purpose of career establishment or upgrade with approval by the Mt. San Jacinto Community College District governing board.

Classes are designed to provide instruction and to contribute to the physical, mental, moral, economic or civic development of the individuals or groups involved in them.

Classes are open for the admission of all adults and where appropriate those minors in the community, as in the judgment of the governing board may profit.

Cooperative agreements with a wide range of civic, cultural, educational, recreational, and commercial entities within the district and the surrounding areas, where permitted, may be established for the purposes of use of facilities, or convenience of student enrollment and student attendance.

Instructors of Community Education courses and seminars shall be selected and hired according to procedures existing in the Mt. San Jacinto College District and carried out by the department of Community Education and Services and approved by the District’s Board of Trustees.

Students enrolled in community education fee based classes may be charged a fee not to exceed the cost of maintaining community education classes, or classes may be provided for remuneration by contract, or with contributions or donations of

- 142 - individuals or groups. Such courses may not be claimed for apportionment purposes.

General fund moneys are not expended to establish and maintain community education fee based classes.

AP 4500 News Media

Student news media are any news/feature publications, photographs, visual images, video or broadcasts issued under the name of the college, funded by the District, and produced by students as an integral part of an instructional program. These media may include, but are not limited to, student newspaper reporting, broadcast news journalism and internet news journalism and podcasting.

Student news media, shall provide vehicles to train students for careers or provide experience in, mass communication. Student news media shall also serve the entire college community by reporting the news, including college events and activities, providing a forum for comment and criticism, and encouraging free expression as guaranteed in the First Amendment to the Constitution of the United States.

Student news media are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion. Student news media shall exercise editorial freedom in order to maintain their integrity as vehicles for free inquiry and free expression in the college community. At the same time the editorial freedom of the college news media shall entail corollary responsibilities to learn and to use professional ethics and practices.

The editorial and advertising materials published in each news medium, including any opinions expressed, are the responsibility of the student staff. An editorial board comprised of members of the student staff and the faculty advisor shall be formed for each of the news media involved. Under appropriate state and federal court decisions, these materials are free from prior restraint by virtue of the First Amendment to the United States Constitution. These procedures are adopted so as to encourage a responsible exercise of such freedom.

Grievance Procedures The College has established grievance procedures that provide an avenue for complaints about news media content.

Definition of a Grievance: A grievance is a complaint that alleges facts which, if true, would demonstrate a violation of the grievant’s right to free inquiry, free speech, or fair treatment; contains allegations that appear to be substantially credible; and is not frivolous.

Individuals may submit a written complaint to the Editor-in-Chief or Producer of the student work or broadcast. Each complaint should be responded to in writing and in a timely manner, no later than four weeks after receiving the complaint. Individuals

- 144 - not satisfied with the response may submit a copy of the original complaint to the appropriate Dean. A meeting will be called by the Dean, with the complainant, the student Editor-in-Chief or Producer or the Faculty Advisor in the instructional program in attendance. The Dean will mediate the complaint and issue a written response after the meeting, outlining steps to be taken to resolve the issue. The decision made by the Dean may be appealed to the College President.

Letters to the Editor: All letters must be accompanied by the author’s name and should contain the author’s address, telephone number, and/or e-mail address. The author should be contacted to confirm he/she wrote the letter. Letters deemed obscene, libelous, and/or racially, sexually, or religiously offensive will not be published.

AP 4610 Instructional Service Agreements

Reference: Education Code Section 78015; Title 5, Sections 51006, 53410, 55002, 55005, 55230-232, 55600, 55805.5, 58051(c)-(g), 58051.5, 58055, 58056, 58058(b), 58100-58110

The responsibility of the governing board, prior to establishing a vocational or occupational training program, to conduct a job market study of the labor market area, and determine whether or not the results justify the proposed vocational education program;

The responsibility for instructional service agreements is through completion of Request for Contract and followed by Memorandum of Understanding developed and approved by both Administrative Services and Board of Trustees.

Criteria for Instructional Agreements include:  A written agreement or contract with the contractor stating the responsibilities of each party and that the college or district is responsible for the educational program conducted on site;  The inclusion of procedures, terms and conditions relating to: 1) enrollment period; 2) student enrollment fees; 3) the number of class hours sufficient to meet the stated performance objectives; 4) supervision and evaluation of students; and 5) withdrawal of students prior to completion of a course or program.  The agreement/contract shall contain terms and conditions relating to cancellation and termination of the arrangement.  Where the instructor is not a paid employee MSJC shall have a written agreement or contract with each instructor conducting instruction for which full- time employees are to be reported and stating that MSJC has the primary right to control and direct the instructional activities of the instructor.  Instruction claimed for apportionment under the agreement/contract shall be under the immediate supervision and control of an employee of MSJC who has met the minimum qualifications for instruction.  MSJC shall list the minimum qualification for instructors teaching these courses and that the qualifications are consistent with requirements in other similar courses given at MSJC.  The course must be held at facilities, which are clearly identified as being open to the general public where apportionment is claimed. Enrollment in the course must be open to any person who has been admitted to MSJC and has met any applicable prerequisites. MSJC policy on open enrollment must be published in

- 146 - the district catalog, schedule of classes and any addenda to the schedule of classes, along with a description of the course and information about whether the course is offered for credit and is transferable.  The System Office must have approved degree and certificate programs and courses that make up the programs must be part of the approved programs, or MSJC must have received delegated authority to approve those courses locally.  The courses of instruction are specified in the agreement, the outlines of record for such courses and are approved by MSJC curriculum committee as meeting Title 5 course standards, and the district Board of Trustees has approved the courses.  Procedures used by MSJC to assure that faculty teaching different sections of the same course, teach in a manner consistent with the approved outline of record for that course are applied to courses and faculty covered under the agreement and students are held to a comparable level of rigor.  Records of student attendance and achievement shall be maintained by MSJC. Records will be open for review at all times by officials of MSJC and submitted on a schedule developed by the District.  It is agreed that both contractor and MSJC shall insure that ancillary and support services are provided for the students.  MSJC must certify that it does not receive full compensation for the direct education costs of the course from any public or private agency, individual or group.  MSJC is responsible for obtaining certification verifying that the instructional activity to be conducted will not be fully funded by other sources.  MSJC shall comply with the requirements of Title 5, Sections 55230-55232 concerning approval by adjoining high school or community college districts and use of non-district facilities, if classes are to be located outside the boundaries of the District.

- 147 - CHAPTER 5 – STUDENT SERVICES

AP 5010 Admissions...... 148 AP 5011 Admission and Concurrent Enrollment of High School and Other Young Students...... 149 AP 5012 International Students...... 153 AP 5013 Students in the Military...... 155 AP 5015 Residence Determination...... 157 AP 5020 Non Resident Tuition...... 160 AP 5030 Fees...... 162 AP 5031 Instructional Materials Fees...... 165 AP 5035 Withholding of Student Records...... 166 AP 5040 Student Records and Privacy...... 167 AP 5045 Student Records – Challenging Content and Access Log...... 170 AP 5050 Matriculation...... 172 AP 5052 Open Enrollment...... 174 AP 5055 Enrollment Priorities...... 175 AP 5070 Attendance...... 177 AP 5075 Course Adds and Drops...... 179 AP 5110 Counseling...... 180 AP 5120 Transfer Center...... 182 AP 5130 Financial Aid...... 183 AP 5140 Disabled Student Programs and Services...... 186 AP 5150 Extended Opportunity Programs and Services...... 189 AP 5160 TRIO/Upward Bound Program...... 190 AP 5205 Student Accident Insurance...... 191 AP 5210 Communicable Diseases...... 192 AP 5300 Student Equity...... 193 AP 5400 Associated Students...... 194 AP 5410 Associated Students Elections...... 195 AP 5420 Associated Students Finance...... 196 AP 5500 Standards of Conduct...... 198 AP 5520 Student Discipline Procedures...... 199 AP 5530 Student Rights and Grievances...... 200 AP 5550 Speech: Time, Place and Manner...... 205 AP 5555 Non-Smoking and Smoking Tobacco...... 208 AP 5570 Student Credit Card Solicitation...... 209 AP 5610 Voter Registration...... 210 AP 5700 Athletics...... 211

- 148 - Mt. San Jacinto Administrative Procedures Community College District Chapter 5 1499 N. State Street Student Services San Jacinto, CA 92583-2399

AP 5010 Admissions

Reference: Education Code 76000

1.0 Admission to the college is under the administration of the Enrollment Services Office. The Director of Enrollment Services or designee makes final admission determinations.

2.0 All students must complete and sign a valid application to be admitted to the college.

3.0 Admission of all students includes determination of residency in the State of California.

4.0 Specific and current admission procedures are published in the most recent versions of the schedule of classes, college catalog, and web site.

4.1 Persons eligible for admission may be high school graduates or equivalent; anyone 18 years of age or older, including those who have not graduated from high school; and transfer, out-of-state, or foreign students.

5.0 Admission of K-12 students is exclusively for advanced scholastic or vocational work.

6.0 Each K-12 student seeking admission must submit an application to the college (see sections 1.0 and 2.0) and follow the enrollment procedure as established by the college for special admittance students. See Administrative Procedures 5011.

AP 5011 Admission and Concurrent Enrollment of High School and Other Young Students

Reference: Education Code Sections 48800; 48800.5; 76001; 76002

1.0 Regular Part-Time High School Student (11th and 12th grade): To be considered for admittance as a regular part-time high school student at the college, the student must meet the eligibility standards as established in Education Code Sections 48800 and 76001.

1.1 Admission is subject to seat availability. Regular high school students may not enroll in courses numbering 070 or below. The student must submit to Enrollment Services:

1.1.1 Completed application for admission.

1.1.2 Complete the orientation process.

1.1.3 Complete assessment test.

1.1.4 Written and signed parental or guardian consent, on the District’s High School Parent Agreement form.

1.1.5 Written and signed approval of the applicant’s school principal. (Note: A parent or guardian of a pupil who is not enrolled in a public or private school may petition directly to the Superintendent/President or designee without the signature of a principal.)

1.1.6 Official transcripts from the referring high school district.

1.1.7 Demonstration that the student is capable of profiting from instruction. The Director of Enrollment Services or Vice President of Instruction has the authority to make the final decision whether a student can benefit from instruction.

2.0 Regular Full-Time High School Student (11th and 12th grade): To be considered for admittance as a regular full-time high school student, the student must meet the eligibility standards as established in Education Code Section 48800.05.

- 150 - 2.1 Admission is subject to seat availability. Regular high school students may not enroll in courses numbering 070 or below. The student must submit to Enrollment Services:

2.1.5 Written and signed approval of the applicant’s school principal. (Note: A parent or guardian of a pupil who is not enrolled in a public or private school may petition directly to the Superintendent/President or designee without the signature of a principal.)

2.1.8 Written approval of the governing board of the school district of attendance. The College Superintendent/President or designee has the authority to make the final decision whether a student can benefit from instruction.

3.0 Regular Part-Time High School Student (9th and 10th grade): To be considered for admittance as a regular part-time high school student at the college, the student must meet the eligibility standards as established in Education Code Sections 48800 and 76001.

3.1 Admission is subject to seat availability. Regular high school students may not enroll in courses numbering 070 or below. The student must submit to Enrollment Services:

3.1.5 Written and signed approval of the applicant’s school principal. (Note: A parent or guardian of a pupil who is not enrolled in a

- 151 - public or private school may petition directly to the Superintendent/President or designee without the signature of a principal.)

3.1.7 Letter of recommendation attesting to the student’s ability to benefit from enrollment in the college course or program. The letter of recommendation must come from the student’s high school teacher in the same discipline for which the student is requesting permission to enroll. If an appropriate, matching discipline is not available at the student’s high school, the letter must then come from the student’s high school guidance counselor.

4.0 Students below 9th grade: For students under 9th grade, the determination for admittance shall be made by the respective Instructional Dean. The school must provide student records and written verification signed by the principal indicating how the student can benefit from instruction. The college special admittance procedure will determine if the student has the abilities and sufficient preparation to benefit from instruction at a community college, and that the student’s safety and that of others will not be affected. The decision of the respective Instructional Dean shall be final. Once a decision has been made, the student, his or her parent or guardian, and the school principal shall be informed of the decision. This determination may be made by evaluating the following criteria:

4.1 A review of the materials submitted by the student.

4.2 Meeting with the student and his or her parent or guardian.

4.3 Consideration of the welfare and safety of the student and others.

4.4 Consideration of local, state and/or federal laws.

4.5 Review of the content of the class in terms of sensitivity and possible effects on the minor.

4.6 Requirements for supervision of the minor.

4.7 Times the class(es) meet and the effect on the safety of the minor.

5.0 Students enrolled under the provisions of AP 5011 shall earn college credit as identified in the college catalog.

6.0 For the purposes of receiving state apportionments:

- 152 - 6.1 A community college district may include K-12 pupils who attend a community college within the District pursuant to Sections 48800 and 76001 in the District’s report of full-time equivalent students (FTES) only if those pupils are enrolled in community college classes that meet all of the following criteria:

6.1.1 The class is open to the general public.

6.1.2 The class is advertised as open to the general public in one or more of the following:

6.1.2.1 The college catalog.

6.1.2.2 The regular schedule of classes.

6.1.2.3 An addenda to the college catalog or regular schedule of classes.

6.2 If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days prior to the first meeting of the class.

6.3 If the class is offered at a high school campus, the class may not be held during the time the campus is closed to the general public.

6.4 K-12 students may not enroll in lab only physical education courses.

AP 5012 International Students

Reference: Education Code Sections 76141; 76142; Title 5, Section 54045; Title 8, U.S.C. Section 1101, et seq.

International students may be admitted to Mt. San Jacinto College as a means of encouraging the presence of qualified students from other countries with sufficient geographic diversity to inspire an appreciation for differences among cultures and a deeper understanding of the values and perspectives of other people. An international student is both a citizen and a resident of a foreign country who has entered the United States solely for the purpose of attending school. The following regulations govern the admissions of F-1 visa students at Mt. San Jacinto College.

International students will be required to pay the prevailing non-resident tuition fee, California enrollment fees and any other appropriate fees, unless economic hardship is determined. Economic hardship includes the financial circumstances of a person who is a victim or persecution or discrimination in the foreign country in which the applicant is a citizen and resident, or who is a recipient of TANF, SSI, or general assistance.

 Applicants must complete the International Application for Admission.  Applicants must have completed the equivalent of an American high school diploma; twelve years of elementary and secondary school or students must be at least 18 years of age.  Applicants must demonstrate English proficiency by providing a Test of English as a Foreign Language (TOEFL) score of 450 Written Based Test (WBT) or better. A score of 133 or better is required on the Computer Based Test (CBT) and 45 on the Internet Based Test (IBT).  In compliance with immigration requirements, applicants must be able to demonstrate access to the necessary funds to pay academic and living expenses for the duration of their studies.  Applicants must provide original results from a tuberculosis test. Copies are not accepted. All students who test positive are required to submit the results of a chest x-ray.  Applicants must provide proof of the following immunizations along with dates: Poliomyelitis, Salk Vaccine – Injections; Sabin Immunization; Trivalent Immunization; Smallpox, Diphtheria, Typhoid, Influenza, Tetanus, and Measles.  Applicants must provide proof of health insurance.

- 154 -  Applicants must submit a non-refundable processing fee of $100 with the application.  Applicants must submit a copy of the information page from the passport, or a copy of the birth certificate. Whichever document is chose must show their legal name in English.  Applicants must submit high school transcripts. Students who have completed college or university coursework should also submit transcripts from those institutions.  Applicants must submit a hand-written essay explaining why they want to attend Mt. San Jacinto College and discussing their future goals, including transfer plans.  Applicants must submit a recent passport size photograph. This photo will become part of their permanent record at MSJC and cannot be returned.  If the applicant has a sponsor, they must submit the Statement of Sponsorship form.

Deadline Dates (Late applications are considered on a case-by-case basis.)  Fall Semester is May 15  Spring Semester is October 15  Summer Session is March 15

Concurrent Enrollment  F-1 students enrolled full-time and considered in good status at another SEVIS- approved institution are permitted to enroll part-time at Mt. San Jacinto College with a 6-unit limitation and with DSO approval. Part-time F-1 students must complete appropriate paperwork and pay all appropriate fees.

Transfer Students  If the student is applying from within the United States, they must submit copies of the visa and information pages from the passport and a copy of the front and back of their I-94. If they are transferring, they must also submit a copy of the front and back of the I-20 from the previous school, along with a letter of transfer from that school.

AP 5013 Students in the Military

Reference: Title 5, Section 55758, 54041, 54042

1.0 Resident Determinations for Military Personnel and Dependents

1.1 A student who is a member of the armed forces of the United States stationed in California on active duty, except a member of the armed forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification.

1.2 An undergraduate student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident classification.

1.3 A student who was a member of the armed forces of the United States stationed in California on active duty for more than one year immediately prior to being discharged from the armed forces is entitled to resident classification for the length of time he or she lives in California after being discharged up to the minimum time necessary to become a resident.

1.4 A parent who is a federal civil service employee and his or her natural or adopted dependent children are entitled to resident classification if the parent has moved to this state as a result of a military mission realignment action that involves the relocation of at least 100 employees. This classification shall continue until the student is entitled to be classified as a resident, so long as the student continuously attends an institution of public higher education.

1.5 A student claiming the residence classifications provided for in this procedure must provide a statement from the student’s commanding officer or personnel officer providing evidence of the date of the assignment to California, and that the assignment to active duty in California is not for educational purposes. A student claiming the residence classifications provided for here for the dependent of military personnel shall provide a statement from the military person’s commanding officer or personnel officer that the military person’s duty station is in California on active duty as of the residence determination date, or has been transferred outside of California on active duty as of the

- 156 - residence determination date, or that the military person has retired from active duty after the residence determination date. (Title 5, Sections 54041; 54042)

2.0 Withdrawal Policies for Members of the Military

2.1 A student who is a member of an active or reserve United States military service and who receives orders compelling a withdrawal from courses shall be permitted to withdraw upon verification of such orders. A withdrawal symbol will be assigned, which is an AMW. Military withdrawal shall not be counted in progress probation or dismissal calculations.

AP 5015 Residence Determination

Reference: Education Code Sections 7090268000 et seq., 68130.5; Title 5, Sections 54000 et seq.

1.0 Residence Classification: Residency classifications shall be determined for each student at the time of registration and whenever a student has not been in attendance for more than one semester. Residence classifications are to be made in accordance with the following provisions:

1.1 A residence determination date is that day immediately preceding the opening day of instruction for any session during which the student proposes to attend.

1.2 Residence classification is the responsibility of the Enrollment Services Office.

1.3 Students must be notified of residence determination within 14 calendar days of submission of application.

2.0 Right to Appeal: Students who have been classified as non-residents have the right to a review of their classification (Title 5, Section 54010(a)). Any student, following a final decision of residence classification by the Enrollment Services Office, may make written appeal to the Director of Enrollment Services within 30 calendar days of notification of final decision by the college regarding classification.

3.0 Appeal Procedure

3.1 The appeal is to be submitted to the Enrollment Services Office, which must forward it to the Director of Enrollment Services or designee within five working days of receipt. Copies of the original application for admission, the residency questionnaire, and evidence or documentation provided by the student, with a cover statement indicating upon what basis the residence classification decision was made, must be forwarded with the appeal.

3.2 The Director of Enrollment Services or designee shall review all the records and has the right to request additional information from either the student or the Enrollment Services Office.

- 158 - 3.3 Within 30 calendar days of receipt, the Director of Enrollment Services or designee shall send a written determination to the student. The determination shall state specific facts on which the appeal decision was made.

4.0 Reclassification: A student previously classified as a non-resident may be reclassified as of any residence determination date. A residence determination date is that day immediately preceding the opening day of instruction for any session during which the student proposes to attend.

4.1 Petitions are to be submitted to the Enrollment Services Office.

4.2 Petitions must be submitted prior to the semester for which reclassification is to be effective. Extenuating circumstances may be considered in cases where a student failed to petition for reclassification prior to the residency determination date. In no case, however, may a student receive a nonresident tuition refund after the date of the first census.

4.3 Written documentation may be required of the student in support of the reclassification request.

4.4 A questionnaire to determine financial independence must be submitted with the petition for reclassification. Determination of financial independence is not required for students who were classified as non- residents by the University of California, the California State University, or another community college district (Education Code Section 68044).

4.5 A student shall be considered financially independent for purposes of residence reclassification if the applicant meets all of the following requirements:

4.5.1 Has not and will not be claimed as an exemption for state and federal tax purposes by his or her parent in the calendar year prior to the year the reclassification application is made.

4.5.2 Has not lived and will not live for more than six weeks in the home of his or her parent during the calendar year the reclassification application is made.

4.5.3 Has not and will not receive more than $750 per year in financial assistance from his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to such application.

4.6 A student who has established financial independence may be reclassified as a resident if the student has met the requirements of Title 5, Section 54020, 54022, and 54024.

4.7 Failure to satisfy all of the financial independence criteria listed above does not necessarily result in denial of residence status if the one-year requirement is met and demonstration of intent is sufficiently strong.

- 159 - 4.8 Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than financial dependence in the preceding second and third calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student’s continuing residence in another state.

4.9 The Director of Enrollment Services or designee will make a determination, based on the evidence and notify the student not later than 14 days of receipt of the petition for reclassification.

4.10 Students have the right to appeal according to the procedures above.

5.0 Non-Citizens: The District will admit any non-citizen who is 18 years of age or a high school graduate.

5.1 If non-citizens are present in the United States illegally or with any type of temporary visa, they will be classified as non-residents and charged nonresident tuition unless they meet the exceptions contained below.

5.2 If, for at least one year and one day prior to the start of the semester in question, a non-citizen has possessed any immigration status that allows him or her to live permanently in the United States and she or he meets the California residency requirements, the student can be classified as a resident.

5.3 A student who is without lawful immigration status may be classified as a resident if he or she meets the following requirements:

5.3.1 High school attendance in California for three or more years.

5.3.2 Graduation from a California high school or attainment of the equivalent thereof.

5.3.3 Registration for classes not earlier than the fall semester or quarter of 2001-2002.

5.3.4 The filing of an affidavit that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.

5.4 The initial residency classification will be made at the time the student applies for admission. Students may file residency questionnaire forms through the third week of the semester to request a review of their residency status. Final residency determination is made by the Registrar. Students may appeal the decision to the Director of Enrollment Services.

AP 5020 Non Resident Tuition

Reference: Education Code Sections 76140 et seq.

Non-Resident Tuition: Students who are not residents of California for one year prior to the first day of the term will be charged Nonresident Tuition at the Board- approved rate per semester unit. Nonresident students must pay Nonresident Tuition in addition to the California Community College Enrollment Fees. Students who believe they should be reclassified as a resident student have the responsibility to change their classification in the Enrollment Services Office prior to registration.

International Student fees: Nonresident students who are both citizens and residents of a foreign country will be charged Nonresident Tuition and the California Community College Enrollment Fee, unless exempt per BP5020. There is a non-refundable application processing fee of $100, which will be applied toward the non-resident tuition upon acceptance of the international student.

Military Resident Exemption: Nonresident U.S. military personnel on active duty in California (except those assigned for educational purposes to state-supported institutions of higher education) are granted a waiver of Nonresident Tuition until they are discharged from their military service. Their dependents are granted a waiver for a period of one year from the date they enter California. Upon expiration of the waiver, evidence must be provided as to the date the student surrendered his/her out-of-state residence to become a resident of California. The student will be classified as a nonresident and charged Nonresident Tuition until one year has elapsed since the out- of-state residence was surrendered.

Nonresident Minor High School Student Exemption: High school/pre-high school students admitted on a part-time basis on the recommendation of their principal are exempt from paying Nonresident Tuition when taking a college class.

High School Graduate Exemption: Students without lawful immigration status who attended high school in California for three or more years and graduated from a California high school or attained the equivalent are exempt from non-resident tuition. Students without lawful immigration status must file an affidavit stating that the student has filed an application to legalize their immigration status, or will do so as soon as possible. Nonimmigrant alien students are not eligible for exemption.

Foreign Students: Citizens and residents of a foreign country shall be charged a Board-approved tuition. Nonresident Tuition is paid in addition to the enrollment fee paid

- 161 - by all students. If the students believe they should be reclassified as a resident student, it is their responsibility to change their classification in the Enrollment Services Office prior to registration.

September 11, 2001 Exemption: If an individual who was killed in the terrorist attacks on the World Trade Center in New York City, the Pentagon in Washington, D.C., or the crash of United Airlines Flight 93 was a resident of California on September 11, 2001, or if their dependent was a resident on that date and if they meet the financial need requirement for the Cal Grant A Program, the dependents of this individual may be exempt from nonresident tuition. If the dependent is a spouse, the exemption applies until January 1, 2013. If the dependent is a child, the exemption applies until the person reaches the age of 30.

Payment: Tuition must be paid in full within the designated timeframe indicated on the cashier website or by the end of business on the day of in-person registration.

Refunds: The same refund guidelines apply as those for other registration fees. (See also AP 5030).

AP 5030 Fees

Reference: Education Code Sections 70902(a), 76142, 76300, 66205.3; Title 5, Section 514012

Required Fees:  Enrollment  Non-resident tuition

Fees Authorized by Law:  Non-District physical education facilities  Noncredit courses  Community services courses  Auditing of courses  Instructional materials  Athletic insurance  Health  Parking  Transportation  Student representation  Student center  Copies of student records  Dormitory  Child care  Nonresident application processing  Credit by examination  Use of facilities financed by revenue bonds  Refund processing  Telephone registration  Physical fitness test

Prohibited Fees:  Late application  Add/drop  Mandatory student activities  Student identification cards  Student Body Organization  Nonresident application

- 163 -  Field trip  For dependents of certain veterans  For dependents of certain victims of the September 11, 2001, terrorist attacks (See also AP 5020)  For certain recipients of the Medal of Honor and certain children of the recipients of the Medal of Honor  Required or funded services  Refundable deposits  Distance education (other than the statutorily authorized enrollment fee)  Mandatory mailings  Rental of practice rooms  Apprenticeship courses  Technology fee  Late payment fee  Nursing/healing arts student liability insurance  Cleaning fee  Breakage fees

Collection and Refund of Registration Fees:  Collection: All registration fees must be paid in full with four (4) days of registering. Seven (7) days prior to the start of each term the fees must be paid the same day the student registers. Acceptable forms of payment are: cash, check, money order, MasterCard, Visa or Discover.  Failure to Pay Financial Obligations: The district may withhold grades, transcripts and diplomas, and may withhold enrollment privileges or any combination thereof from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the District. Any item or items withheld shall be released when the student satisfactorily meets the financial obligation. (This is authorized by California Education Code Section 72237.)  Collection when Legislature Changes Fees Following Registration: When, by an act of the Legislature, the registration fees are increased during a semester in which a student has already registered and paid fees in full, the student will be sent a bill informing them of the fee increase. The student will be allowed to continue enrollment for the semester currently in progress, but will not be sent grades, given a copy of a transcript, or allowed to enroll in classes the following semester until payment for the fee increase is made in full.  Refund Policy: Registration fees are refundable when a student withdraws from class(es) if the student withdraws from the class(es) by the 10% point of the length of the course for summer or short-term courses, or by the end of the second week for full-term fall/spring semester courses. A processing fee will be deducted from the refund. No refunds will be made after the second week of instruction.  Parking: Refunds for parking fee must be requested through the Enrollment Services Office and a processing fee may be assessed. This processing fee is assessed once a semester. The student must complete a “Request for Refund” form and attach the parking permit.  Processing Time: The processing time for semester refunds is approximately two weeks after the last day to drop a full-term class. Once this time frame has lapsed, refunds are then processed on a monthly basis and mailed by the 25th of

- 164 - each month. The Associated Student Body discount sticker and student representation fee are non-refundable.  Non-resident Tuition: The amount of the tuition to be refunded will depend on the drop date.  Refunds as a Result of Registration Adjustments: Refunds due to changes in the college’s educational offerings, or fees collected in error will be refunded to the student in full and the refund processing fee will be waived.

Collection of Fees for Service or Other Fees:  Transcript and Student Status Fees: For transcript requests (first two copies free) and verification of student status fees are payable at the Enrollment Services Office (a photo ID is required).

AP 5031 Instructional Materials Fees

Reference: Education Code Section 76365; Title 5 Section 59400 et seq.

AP 5035 Withholding of Student Records

1.0 Grades, transcripts, diplomas, and registration privileges, or any combination thereof, shall be withheld from any student or former student who has been provided with written notice that he or she has failed to pay a proper financial obligation due to the District or college. Any item or items withheld shall be released when the student satisfactorily meets the financial obligation.

2.0 The definition of proper financial obligation shall include, but is not limited to: student fees; obligations incurred through the use of facilities, equipment or materials; library fines; unreturned library books; materials remaining improperly in the possession of the student; and/or any other unpaid obligation a student or former students owes to the District. A proper financial obligation does not include any unpaid obligation to a student organization.

3.0 A hold may be placed on a student’s academic record and subsequent term registration when the student has an outstanding obligation to the college. Once the student satisfies the obligation, the hold will be released.

AP 5040 Student Records and Privacy

Reference: Education Code Section 76200 et seq.; Title 5, Section 54600 et seq.; US Patriot Act; Civil Code Section 1798.85

A cumulative record of enrollment, scholarship, and educational progress shall be kept for each student by the Enrollment Services Office of the college.

Release of Student Records: No instructor, official, employee, or governing board member shall authorize access to student records to any person except under the following circumstances:  Student records shall be released pursuant to a student’s written consent.  Directory information may be released in accordance with the definitions in Board Policy 5040. o Currently enrolled students may request that directory information be kept confidential by filing a “Notice to Deny Disclosure of Personal Information” in the Enrollment Services Office.  Student records shall be released pursuant to a judicial order or a lawfully issued subpoena. o Upon receipt of a judicial order or lawfully issued subpoena, the Enrollment Services Office makes a reasonable effort to notify the eligible student of the subpoena/order in advance of compliance.  Student records shall be released pursuant to a judicial order that has been issued regarding an investigation or prosecution of an offense concerning an investigation or prosecution of terrorism.  Student records may be released to officials and employees of the District only when they have a legitimate educational interest to inspect the record.  Student records may be released to authorized representatives of the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported educational program or pursuant to federal or state law. Exceptions are that when the collection of personally identifiable information is specifically authored by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements.

- 168 -  Student records may be released to officials of other public or private schools or school systems, including local, county or state correctional facilities where education programs are provided, where the student seeks or intends to enroll or is directed to enroll. The release is subject to the conditions in Education Code 76225.  Student records may be released to agencies or organizations in connection with a student’s application for, or receipt of, financial aid, provided that information permitting the personal identification of those students may be disclosed only as may be necessary for those purposes as to financial aid, to determine the amount of the financial aid, or conditions that will be imposed regarding financial aid, or to enforce the terms or conditions of financial aid.  Student records may be released to organizations conducting studies for, or on behalf of, accrediting organizations, educational agencies or institutions for the purpose of developing, validating, or administrating predictive tests, administering financial aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted.  Student records may be released to appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, subject to applicable federal or state law.  The following information shall be released to the federal military for the purposes of federal military recruitment: student names, addresses, telephone listings, dates and places of birth, levels of education, degrees received, prior military experience, and/or the most recent previous educational institutions enrolled in by the students.

Charge for Transcripts or Verification of Student Records: A student/former student shall be entitled to two free copies of the transcript of his/her record or to two free verifications of various student records. Additional copies shall be made available to the student, or to an addressee designated by him/her, at the Board-approved rate per copy. Students may request special processing of a transcript for an additional fee.

Use of Social Security Numbers:  Effective January 1, 2007, the District shall not do any of the following: o Publicly post or publicly display an individual’s social security number. o Print an individual’s social security number on a card required to access products or services. o Require an individual to transmit his or her social security number over the Internet using a connection that is not secured or encrypted. o Require an individual to use his or her social security number to access an Internet web site without also requiring a password or unique personal identification number or other authentication device. o Print, in whole or in part, an individual’s social security number that is visible on any materials that are mailed to the individual, except those materials used: . For application or enrollment purposes. . To establish, amend, or terminate an account, contract, or policy. . To confirm the accuracy of the social security number.

- 169 -  If the District has, prior to January 1, 2004, used an individual’s social security number in a manner inconsistent with the above restrictions, it may continue using that individual’s social security number in that same manner only if: o The use of the social security number is continuous. o The individual is provided an annual disclosure that informs the individual that he or she has the right to stop the use of his or her social security number in a manner otherwise prohibited. o The District agrees to stop the use of an individual’s social security number in a manner otherwise prohibited upon a written request by that individual. o No fee shall be charged for implementing this request and the District shall not deny services to an individual for making such a request.

AP 5045 Student Records – Challenging Content and Access Log

Reference: Education Code Section 76222, 76232; Title 5 Section 54630

1.0 Challenging Content:

1.1 Any student may file a written request with the college Enrollment Services Office to correct or remove information recorded in his or her student records that the student alleges to be: 1) inaccurate; 2) an unsubstantiated personal conclusion or inference; 3) a conclusion or inference outside of the observer’s area of competence; or 4) not based on the personal observation of a named person with the time and place of the observation noted.

1.2 Within 30 days of receipt of the request, the Director of Enrollment Services shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the community college district. The Director of Enrollment Services shall then sustain or deny the allegations.

1.3 If the Director of Enrollment Services sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information. If the Director of Enrollment Services denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the Superintendent/President or designee.

1.4 Within 30 days of receipt of an appeal, the Superintendent/President or designee shall review all documents related to the student’s request and may meet with the student and employee who recorded the information in question. If the Superintendent/President or designee sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information. If the Superintendent/President or designee denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the governing board.

1.5 Within 30 days of receipt of an appeal, the governing board shall, in closed session with the student and the employee who recorded the information in question, determine whether to sustain or deny the

- 171 - allegations. If the governing board sustains any or all of the allegations, it shall order the Chancellor or his or her designee, to immediately correct or remove and destroy the information. The decision of the governing board shall be final.

1.6 If the final decision is unfavorable to the student, the student shall have the right to submit a written statement of his or her objections to the information. This statement shall become a part of the student’s record until the information objected to is corrected or removed.

1.7 Whenever there is included in any student record information concerning any disciplinary action, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action.

1.8 Whenever there is included in any student record information concerning any disciplinary action in connection with any alleged sexual assault or physical abuse, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall be informed within 10 days of the results of the disciplinary action and the results of any appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential.

2.0 Access Log:

2.1 A log or record shall be maintained for each student’s record that lists all persons, agencies, or organizations requesting or receiving information from the record and their legitimate interests. The listing need not include any of the following:

2.1.1 Students seeking access to their own records.

2.1.2 Parties to whom directory information is released.

2.1.3 Parties to whom written consent has been executed by the student.

2.1.4 Officials or employees having a legitimate educational interest.

2.2 The log or record shall be open to inspection only by the student and the Office of Enrollment Services, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency, and state educational authorities as a means of auditing the operation of the system.

AP 5050 Matriculation

Reference: Education Code Sections 78210 et seq.; title 5, Section 55500

Matriculation brings the student and the District into agreement regarding the students educational goal through the District’s established programs, policies, and requirements.

The agreement is implemented by means of the student educational plan. Each student, in entering into an educational plan, will do all of the following:  Express at least a broad educational intent upon admission.  Declare a specific goal no later than the term after which the credit student completes 15 semester units of degree applicable credit coursework.  Diligently attend class and complete assigned coursework.  Complete courses and maintain progress toward an educational goal.  Cooperate in the development of the student educational plan.

In compliance with the Seymour-Campbell Act, AB-3, all non-exempt credit students seeking enrollment in courses will participate in the following matriculation components:  Matriculation services include, but are not limited to, all of the following:  Processing of the application for admission.  Orientation and pre-orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other appropriate matters.  Assessment and counseling shall include, but not be limited to, all of the following:  Administration of assessment instruments to determine student competency in computational and language skills.  Assistance to students in the identification of aptitudes, interests, and  educational objectives, including but not limited to, associate degrees, transfer for baccalaureate degrees, and vocational certificates and licenses.  Evaluation of student study and learning skills.  Referral to specialized support services as needed, including, but not limited to, federal, state, and local financial assistance; health services; campus employment placement services; Extended Opportunity Programs and Services; campus child care services; programs that teach English as a second language; and Disabled Students Programs and Services  Advisement concerning course selection.  Development of a student educational plan.

- 173 -  Post-enrollment evaluation of each students progress, and required advisement or counseling for students who are enrolled in remedial courses, who have not declared an educational objective as required, or who are on academic probation.

The District shall use only assessment instruments approved by the California Community College Systems Office.

The process of challenging prerequisites will be available on the college’s website, class schedule and catalog.

The District has elected to exempt certain students from participating in orientation, assessment, counseling or advisement.

A. Exemptions from mandatory assessment, orientation and counseling 1. Students who have obtained an AA/AS degree or higher from an accredited U.S. college or university; 2. Students who will enroll in 5 units or less and have declared one of the following educational goals: a. Advance in current career/job b. Maintain certificate/license c. Personal Development B. Exemptions for Assessment 1. Students who have completed a minimum of 15 units of college coursework that include courses equivalent to English 61 or higher and Mathematics 50 or higher with a grade “C” or better; 2. Students who have completed an assessment currently in use at MSJC or other assessment instrument approved by the Chancellor’s Office, within the last 3 years.

AP 5052 Open Enrollment

Reference: Title 5, Sections 51006, 58106, 58108

1.0 All courses of the District shall be open to enrollment in accordance with a priority system consistent with Administrative Procedure 5055. Enrollment may be limited to students meeting properly validated prerequisites and co-requisites, or due to other non-evaluative, practical considerations as determined by the college matriculation process or appropriate college division.

2.0 Students are not required to confer or consult with an instructor nor are they required to receive permission to enroll in any class offered by the District, except as provided for in Administrative Procedure 5055.

3.0 Students are not required to participate in any pre-registration activities not uniformly required, and no registration procedures are used that result in restricting enrollment to a specialized clientele, except as provided by Administrative Procedure 5055.

4.0 A student may challenge an enrollment limitation on any of the following grounds:

4.1 The limitation is unlawfully discriminatory or is being applied in an unlawfully discriminatory manner.

4.2 The District is not following its enrollment procedures.

4.3 The basis for the limitation does not in fact exist.

AP 5055 Enrollment Priorities

Title 5, Section 58106

1.0 Enrollment in courses and programs at the college may be limited to students meeting properly established prerequisites and co-requisites.

2.0 Enrollment may be limited due to the following: 2.1 Health and safety considerations 2.2 Facility limitations 2.3 Faculty workload 2.4 Availability of qualified instructors 2.5 Funding limitations 2.6 Regional planning 2.7 Legal requirements 2.8 Contractual requirements 2.9 Licensing or certification requirements. 2.10 Curriculum and catalog class size enrollment specification.

3.0 The color has adopted the following enrollment priorities that are used for registration appointments for summer, fall and spring terms. 3.1 The purpose of priority registration is to enable students to enter and be able to complete their educational goals at the college in a reasonable time frame by providing priority registration to groups of students with special needs and to maintain that priority as long as they continue to make good progress. The following is a breakdown of registration priorities as approved by the local governing board and in accordance with Title 5, section 58108. 3.1.1 Priority 1 – DSP&S – Disabled Students Programs and Services 3.1.2 Priority 2 – EOP&S – Extended Opportunity Programs and Services 3.1.3 Priority 3 – Continuing students with 90 units or less in descending order 3.1.4 Priority 4 – New and returning matriculated students. This includes concurrently enrolled high school students. 3.1.5 Priority 5 – Continuing students with more than 90 units in ascending order 3.1.6 Priority 6 – Exempt non-matriculated students

- 176 - 3.2 All students will be issued a registration appointment based on the priority listed above. Students may register at or after the date and time of their appointment.

AP 5070 Attendance

1.0 The term length of each college semester shall be 17.5 weeks.

2.0 The number of days in each academic year shall be 175 days.

3.0 The computation of total full-time equivalent students (FTES) attendance shall be computed as defined in Title 5, Section 58003.1 according to appropriate census dates.

3.1 The units of FTES for credit courses scheduled conterminously with the term, exclusive of independent study and work-experience education courses, shall be computed by multiplying the student contact hours of active enrollment as of Monday of the weeks nearest to one-fifth of the length of the term by the term length multiplier (17.5) and divided by 525.

3.2 For credit courses scheduled to meet for five or more days and scheduled regularly with respect to the number of hours during each scheduled day, but not scheduled conterminously with the college’s primary term established pursuant to section 1.0, or scheduled during the summer or other intersession, the units of FTES, exclusive of independent study and work-experience education courses, shall be computed by multiplying the daily student contact hours of active enrollment as of the census days nearest to one fifth of the length of the course by the number of days the course is scheduled to meet and divided by 525.

3.3 For credit courses scheduled to meet for fewer than five days, and all credit courses scheduled irregularly with respect to the number of days of the week and the number of hours the course meets on the scheduled days, the units of FTES exclusive of independent study and work- experience education courses, shall be computed by dividing actual student contact hours of attendance by 525.

3.4 For all open-entry/open-exit courses and for all noncredit courses otherwise eligible for state aid, the units of full-time equivalent students shall be computed by dividing actual student contact hours of attendance by 525.

- 178 - 3.5 For independent study and work-experience education courses:

3.5.1 For credit courses, for purposes of computing FTES only, one weekly student contact hour shall be counted for each unit of credit for which a student is enrolled in one of those courses. The FTES of those courses shall be computed by multiplying the units of credit for which students are enrolled as of the census day prescribed in subsection 3.1, as appropriate for the primary term or intersession and duration for which the course is scheduled by the term length multiplier (17.5) and divided by 525.

AP 5075 Course Adds and Drops

Reference: Title 5, Sections 55758, 58004

1.0 Adding Courses: 1.1 Students may add classes through the registration period.

1.1.1 Students must use the online registration process to add classes as detailed in the college schedule of classes and web site.

1.2 After the registration period concludes, classes may only be added by obtaining permission from the class instructor or by filing a formal petition request from the student to the Office of Enrollment Services.

1.3 Classes may not be added after the census date.

2.0 Withdrawals: 2.1 Withdrawals, or drops, are authorized through the last day of the fourteenth week of instruction or 75% of the term, whichever is less.

2.1.1 While an instructor may drop a student for excessive absences, it is the student’s responsibility to officially withdraw from a class. Instructor approval is not required. Students must drop class(es) by the appropriate deadline date through Enrollment Services.

2.2 Instructors shall clear their rolls of inactive students not later than the end of the last business day before the census day for all students.

2.2.1 To drop students throughout the semester, instructors will utilize the faculty access system to drop electronically.

2.3 “Inactive students” include:

2.3.1 Students identified as no-shows.

2.3.2 Students who officially withdraw.

2.3.3 Students no longer participating in the courses and are therefore dropped by the instructor.

AP 5110 Counseling

Reference: Education Code Section 72620; Title 5, Section 51018

Counseling Services are an essential part of the educational mission of the District. The counseling services available in the District’s counseling program include at least the following:

- Academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals - Career counseling, in which the student is assisted in assessing his or her aptitudes, abilities, and interests, and is advised concerning the current and future employment trends; - Personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student’s education; - Coordination with the counseling aspects of other services to students which exist on campus, including but not limited to those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services.

Under the direction of the Dean, Counseling and Student Support Programs, services are available to all students on a voluntary basis. Students are encouraged to meet with a counselor under the following conditions:

- All first time students who are not exempted from the matriculation process; - Students who have completed 15 units and have not declared an educational goal; - Students who are not making satisfactory progress; - Students on academic and/or progress probation; - Students who have petitioned successfully for readmission after academic dismissal and are enrolled in their initial semester.

Confidentiality of Counseling Information: Information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a counselor is confidential, and shall not become part of the student record without the written consent of the person who disclosed the confidential information. However, the information shall be disclosed when permitted by applicable law, including but not limited to

- 181 - disclosure as necessary to report child abuse. or neglect; reporting to the Chief Human Resources Officer or Chief of Police when the counselor has reason to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or other persons ; reporting information to the Chief Human Resources Officer or Chief of Police as necessary when the student indicates that a crime involving the likelihood of personal injury or significant or substantial property losses will or has been committed; reporting information to one or more persons specified in a written waiver by the student.

AP 5120 Transfer Center

The Transfer Center provides information and assistance to students who are preparing to transfer to four-year colleges and universities. The center provides assistance with college and university applications, a college and university resource library, tours to universities in Southern California, individual counseling appointments with university representatives, and an annual college fair. The District has a Transfer Center plan that is maintained and updated by the Transfer Center Coordinator and complies with the requirements of Title 5. The plan identifies appropriate target student populations and is designed to increase the transfer applications of transfer students. The District incorporates as part of its mission the transfer of its students to baccalaureate level institutions. Plan components include, but are not limited to: Services to be provided to students - Continue increasing college representative visits and provide office space for advising, application and financial aid workshops and provide resource space for universities unable to send representatives. - 2005-2006 student contacts at both campuses: 2,967 of which 991 were unduplicated.

Facilities - Career Transfer Centers on each campus with computer and research space provided to students, faculty and staff. This is a co-located department and also includes Articulation and Guidance.

Staffing - One Career/Transfer Technician covering both campuses and one ½ time Transfer Coordinator for both campuses. - An advisory committee - Advisory meeting traditionally planned each Spring. - Evaluation and reporting - SARS student tracking system is working well.

Under the direction of the Dean, Counseling and Student Support Programs, the Transfer Center plan is submitted annually to the California Community College Chancellor’s Office. Further information regarding the plan is located in the Transfer Center.

AP 5130 Financial Aid

Reference: 20 U.S.C. Sections 1070 et seq.; 34 CFR Section 668; Education Code Section 76300; Title 5, Sections 58600 et seq.

Financial Aid programs offered at MSJC include:  Board of Governors Fee Waivers  Cal Grants  Federal Pell Grants  Federal Supplemental Educational Opportunity Grant  Federal Work Study  Federal Family Education Loan Program

While Mt. San Jacinto College subscribes to, and supports the philosophy that the primary responsibility for funding college expenses rest with students and their families, the college recognizes that some students and/or their families have limited financial resources and are unable to meet all of the expenses associated with higher education without supplemental assistance.

To help accommodate these supplemental student needs, the college provides a variety of financial assistance through the Financial Aid Office.

MSJC financial assistance programs include:  Board of Governors Fee Waivers  Cal Grants  Federal Pell Grants  Federal Supplemental Educational Opportunity Grant  Federal Work Study  Federal Family Education Loan Program  Scholarships: Foundation and outside donors

Application procedures:  Students must file the Free Application for Federal Student Aid (FAFSA) for the corresponding academic year and submit to the federal processor with the MSJC School Code of 001126. . The student may be required to submit supporting documentation to the Financial Aid Office before determination of eligibility can be determined.  The student may choose to apply for the Board of Governor’s Fee Waiver and submit a separate BOG application only if consideration for other state

- 184 - and federal aid is not desired. However MSJC encourages all students applying for the BOG Fee Waiver to also file the FAFSA.

Financial Aid Student Eligibility Financial aid administered or approved by MSJC under Federal Pell Grant, Federal Work Study (FWS), Federal Supplemental Educational Opportunity Grant (SEOG), or Federal Stafford Loan Programs is based on the student meeting the following conditions:  be a U.S. citizen or eligible noncitizen  be registered with the Selective Service System (if required)  be working toward a degree or certificate  be making satisfactory academic progress  not owe a refund on a federal grant or be in default on a federal educational loan  have "financial need" as determined in part by submitting the FAFSA

To be eligible for California grants, the student must:  be a resident of California  have "financial need" based on the criteria for the Board of Governor's Enrollment Fee Waiver or Cal Grant Program

Educational Preparation:  the student must have a high school diploma; OR  possess a General Education Development (GED) certificate or a California High School Certificate of Proficiency; OR  take the Ability to Benefit test selected by MSJC and attain a passing score

Course of Study:  enroll in a program of study leading to an Associate of Arts or Associate of Science degree  enroll in a two year program that is acceptable for credit toward a Bachelor's Degree (transfer course of study) at a 4-year college or university  enroll in a career education certificate program

Meet Satisfactory Progress Standards:  Maintain a 2.0 Grade Point Average (GPA)  Maintain the required completion rate according to the Standards of Academic Progress for financial aid eligibility (available on website or financial aid offices)  Complete a program of study within 150% of the published length of the program (programs are listed in the college catalogue or on worksheets available from the Counseling Office.)

Satisfactory Academic Progress is monitored annually (or by term if on Probation) and affects the student’s eligibility for future aid. Other policies govern the student’s obligation to repay aid if the student withdraws or drop courses. Please contact the Financial Aid Office for more information regarding the "Pell Adjustment" or "Return of Title IV Funds" policies or see the Repayment page of the MSJC/Financial Aid web site

- 185 - Loss of Eligibility: Academic progress for financial aid will be reviewed at the end of each academic year. Students who do not meet the Standards of Academic Progress for financial aid will be placed on probation or denied status according to the SAP Policy. The student will continue to receive financial aid while on probationary status but cannot receive aid if in “denied status”. Eligibility will not be reinstated until reinstatement terms are met or an appeal is approved. Students may appeal a termination of aid if the circumstance that caused the termination was the result of extreme/unusual circumstances and documentation can be provided to support the cause. Appeals will be reviewed on a case-by-case basis. See the SAP Policy section on the MSJC/financial aid web site.

Payment procedures:  Financial Aid funds will be disbursed by Business Services Cashier’s Office according to the schedule determined by the Director of Financial Aid. Financial Aid checks are mailed to the student’s address on file with Enrollment Services.

Further information can be obtained at: http://www.ifap.ed.gov, or the California Community College Student Financial Assistance Unit. http://www.cccco.edu/divisions/ss/financial_assist/financial_assistance.htm

AP 5140 Disabled Student Programs and Services

The District maintains a plan for the provision of programs and services to disabled students designed to assure that they have equality of access to District classes and programs.

1.0 Evaluation and reporting for the program - The Chancellor’s Office changed the process of formal Program Reviews of Disabled Students Programs and Services (DSP&S) to Technical Assistance visits in 2002; in 2004, MSJC DSP&S hosted our most recent Technical Assistance visit wherein procedures, policies, forms, and staffing were reviewed and discussed. No irregularities or areas of concern were cited. - MSJC DSP&S maintains and submits tracking of student participants each semester and academic year using the Datatel system for MIS and subsequent categorical allocation determination. - Each academic year, MSJC DSP&S submits a Year-End Report to the Chancellor’s Office, wherein budget allocations and district appropriations of categorical funding are reviewed to assure conformity with Title 5 statues. MSJC DSP&S continues to maintain compliance with Title 5 and Chancellor’s Office mandates for funding. - SEE: Copy of Technical Assistance Visit (2004) Report (last visit); copy of most recent budget reports to the Chancellor’s Office

2.0 Definitions of disabilities and students eligible for the program - Title 5 defines the specific disability categories for MIS-coding; MSJC DSP&S counselors use Title 5 guidelines to determine specific students’ eligibility for program eligibility and services personalized to students’ individual educational limitations based upon our receipt and review of professional verification of qualifying disabilities. - SEE: Title 5 reference guidelines; students served 1998-99 through 2005- 06; MSJC DSP&S Student Data, Educational Limitation forms

3.0 Support services and instruction that is provided - As determined by MSJC DSP&S counselors, students’ services eligibility is based upon the specific educational limitations unique to each student; examples of services provided by MSJC DSP&S include, but are not limited to:

- 187 - - Counseling (disability management); career and academic counseling above and beyond the counseling provided by MSJC General Counseling incorporating students’ disabilities); test facilitation; registration assistance; training in and access to adaptive computer technologies, production of Alternate Media (e.g. standard print texts modified into e-text; captioned videos); Communication Specialists for interpreting course lectures, class discussions into American Sign Language; loan of specialized equipment (e.g. tape recorders, spell checkers, assistive listening devices, hand-held magnifiers); liaison with campus and community agencies. - SEE: MSJC DSP&S Services Eligibility, Request for Services forms

4.0Verification of disability - Students seeking DSP&S services must present written documentation verifying their disability(ies) by an individual who is licensed or certified in a professional field to diagnose specified conditions. - DSP&S professional staff may, through personal observation, verify the existence of an observable disability. Use of this procedure is limited to conditions that can be seen externally (e.g. amputation). - SEE: MSJC DSP&S Welcome Letter and Disability Verification Form

5.0Student rights and responsibilities - Outlined on MSJC DSP&S webpage, in the DSP&S Student Handbook, Request for Services Form; Responsible Use of Interpreting Form

6.0Student educational contract or plan that is developed by a designated person in consultation with the student - Upon initial entry into the program, and for each year thereafter that the student participates with MSJC DSP&S, DSP&S students partnering with DSP&S counselors, develop a Student Education Contract (SEP). - The SEP outlines specific instructional goals, highlighting objectives and activities needed to achieve these goals; measures the student’s progress towards goal completion; lists, in concert with the MSJC DS&S Services’ Eligibility and Request for Services forms, services to be provided to the student to accommodate their disability-related educational limitations. - SEE: MSJC DSP&S Student Education Contract Form

7.0Academic accommodations - MSJC DSP&S students initiate requests for academic accommodations independently; in collaboration with DSP&S professionals, DSP&S students’ requests for academic adjustments are reviewed, often with input from and discussion with discipline-specific teaching faculty and the Student Services Committee. - SEE: MSJC DSP&S Educational Limitations, Instructor Communication, Services Eligibility, Course Modifications matrix forms

8.0Provisions for course substitution and waivers - MSJC DSP&S students initiate requests for course substitutions and waivers independently; in collaboration with DSP&S Professionals, DSP&S students’ requests for academic adjustments are reviewed, often with input from and discussion with discipline-specific teaching faculty and the Student Services Committee. - SEE: Copy of MSJC DSP&S Course Modifications Matrix

- 188 - 9.0Staffing - MSJC DSP&S staffing is designed to meet the varying needs of our growing and diverse student population; from Alternate Media productions to counseling, from training students in the use of adaptive computer technologies to MIS entry and reporting, our staffing is responsive to student needs, and state and federal mandates for service design and delivery. - SEE: Breakdown of current staffing assigned to MSJC DSP&S

10.0 Advisory committee - Comprised of stakeholders from within the college community (e.g. students, teaching and counseling faculty) and within the college district (e.g. Mental Health providers, Department of Rehabilitation), the MSJC DSP&S Advisory Committee meets annually to guide MSJC DSP&S to tailor its services to meet the ever-evolving needs of our diverse student program population. - SEE: Copy of January 20, 2006 agenda and minutes for DSP&S Advisory Board meeting (last meeting of our Advisory Board)

11.0 MSJC DSP&S Mission Statement - The mission of DSP&S is to empower students with disabilities to attain maximum independence, integration, and success in a fully accessible college environment.

AP 5150 Extended Opportunity Programs and Services

Reference: Education Code Sections 69640-69656; Title 5, Sections 56200 et seq.

The Extended Opportunity Programs and Services (EOPS) is established to provide support services and programs to assist eligible students who have language, social, and economic disadvantages to succeed academically. EOPS support services and programs are provided in addition to the traditional student services programs.

Under the direction of the Dean, Counseling and Student Support Programs, the EOPS Director develops and implements an annual program plan that includes the following programs and services: - Staffing and program management - Documentation and data collection system - An EOPS advisory committee - A full time director - Eligibility criteria - Student responsibility requirements - Recruitment and outreach services - Advising, orientation services and registration assistance - Seminars, workshops and tutorial assistance - Counseling and retention services - Career employment services - Transfer services - Direct aid. - Establishment of objectives to achieve the goals in implementing extended opportunity programs and services. - Review and evaluation of the programs and services and submission of related reports.

The Dean, Counseling and Support Programs shall assure that the EOPS plan is submitted annually to the California Community College Chancellors Office and that the program conforms to all requirements established by the relevant law and regulations. Further information regarding the plan can be obtained in the EOPS office.

AP 5160 TRIO/Upward Bound Program

Reference: Title 34 – Education; Chapter VI, Office of Postsecondary Education, Department of Education (part 645 – Upward Bound Program)

The TRIO/Upward Bound services available in the District’s TRIO/Upward Bound programs include at least the following: - Instruction in the secondary core-curriculum and/or instruction in subjects that are necessary for success in education beyond high school; - Exposure to cultural events, academic programs, and other educational activities not usually available to disadvantaged youths; - Tutorial Services designed to promote academic success for participants; - Academic counseling, in which the student is assisted in assessing, planning, and implementing his or her immediate and long-range academic goals; - Career exploration, in which the student is assisted in assessing his or her aptitudes, abilities, and interests, and is advised concerning the current and future employment trends; - Personal counseling, in which the student is assisted with personal, family, or other social concerns, when that assistance is related to the student’s education; - Coordination with the other services/programs to students which exist on campus, including but not limited to those services provided in programs for students with special needs, skills testing programs, financial assistance programs, and job placement services.

Confidentiality of Counseling/Advising Information: Information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from an advisor/counselor is confidential, and shall not become part of the student record without the written consent of the person who disclosed the confidential information. However, the information shall be disclosed when permitted by applicable law, including but not limited to disclosure as necessary to report child abuse or neglect; reporting to the high school principal or other designated persons when the advisor/counselor has reason to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or other persons; reporting information to the high school principal or other designated persons as necessary when the student indicates that a crime involving the likelihood of personal injury or significant or substantial property losses will or has been committed; reporting information to one or more persons specified in a written waiver by the student.

AP 5205 Student Accident Insurance

1.0 All registered credit students of the District while participating in District- sponsored and supervised activities, and while traveling with a supervised group in connection with such activities, are covered by accident insurance.

2.0 Each campus shall establish procedures for reporting accidents and injuries, and ensure that employees are informed of these procedures.

AP 5210 Communicable Diseases

Student Health Services professional staff shall maintain a liaison with the appropriate local public health authority when communicable disease issues involve any campus. Student Health Services professionals will report communicable disease measures to appropriate District departments.

AP 5300 Student Equity

Reference: Education Code Section 66030; 66250, et seq.; 72010 et seq.; Title 5, Section 54220

The college has a student equity plan. The plan is filed with the Chancellor’s Office for the California Community Colleges, following approval by the Board.

The plan addresses equity issues identified by the Chancellor’s Office.

The plan is reviewed and updated annually.

AP 5400 Associated Students

Mt San Jacinto Community College District shall have one Associated Student Body Organization for each site defined as a campus.

Both day and evening student representatives shall be encouraged.

A governing body shall be elected that shall keep an account of its meetings, expenditures, authorizations and policies established.

A simple majority of the elected voting members of the Associated Students Organization governing body shall constitute a quorum.

AP 5410 Associated Students Elections

The Associated Student Body shall conduct regular elections once an academic year to elect the ASB President, Vice-President and Senators and may fill vacancies by appointment.  Elections must be held on the San Jacinto Campus and the Menifee Valley site;  Elections will be conducted in accordance with the Associated Student Body election requirements.

Any student elected as an officer in the Associated Students shall meet the requirements in the Board approved Associated Student Body Constitution.

AP 5420 Associated Students Finance

Reference: Education Code Section 76063-76065

Associated Student Body Funds are maintained in accordance with the following procedures:

 Associated Student Body financial records and procedures are subject to annual audit.  Reports of the annual audit of Associated Student Body funds are submitted to the Vice President of Student Services or designee.  Audit information, except that containing personnel or other confidential information, shall be released to the Associated Students by the Vice President of Student Services or designee  Associated Student Body funds shall be deposited with and disbursed by the District’s Vice President of Business Services or designee  The funds shall be deposited, loaned or invested pursuant to established legal requirements.  Deposits in trust accounts of the centralized State Treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation.  Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.  Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities.  Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code and that are open exclusively to nonprofit colleges, universities, and independent schools.  Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance.

- 197 -  Loans, with or without interest, to any student body organization established in another community college of the District for a period not to exceed three years.  Investment of money in permanent improvements to any community college District property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadiums and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body.

All funds shall be expended subject to such procedures as may be established by the Associated Students subject to the approval of each of the following three persons. Approval shall be obtained each time before any funds may be expended:

 The Vice President of Student Services or designee;  the officer or employee of the District who is the designated advisor of the particular student body organization; and  a representative of the student body organization.

AP 5500 Standards of Conduct

Reference: Education Code Section 66300; Accreditation Standard II.A.7.b

AP 5520 Student Discipline Procedures

Reference: Education Code Sections 66300, 72122, 76030

AP 5530 Student Rights and Grievances

Reference: Title IX, Education Amendments of 1972; Education Code Section 76224(a)

Purpose: Every student has the right to pursue an educational goal in an environment that is supportive, fair, and conducive to learning. It is the policy of the Mt. San Jacinto Community College District that all students who believe they have been treated unfairly or inappropriately have the right to pursue a grievance against the employee or employees alleged to have committed the unfair act or acts against the student. The college shall develop, maintain and publish procedures for students to seek redress of their grievances in a fair and timely manner.

1.0 Grievance Officer

A. The Superintendent/President shall designate the individual to handle student grievances. That individual will be responsible for ensuring the timely due process in a Student Grievance. B. The Superintendent/President shall appoint an individual (in addition to the individual identified in II A) who will serve as a hearing officer to conduct grievance hearings. The hearing officer may be appointed on a case-by-case basis or for the academic year.

2.0 Items that are Grievable

A. Americans with Disabilities Act (A.D.A.) for issues of student access or alleged illegal discrimination -- heard under separate process handled by the ADA/§504 Coordinator. B. Sexual Harassment by an employee against a student – heard under separate process handled by Human Resources. C. Harassment based upon gender, race/ethnicity, religion/creed, or other areas protected under the law. D. Unfair acts by an employee against a student where the act has a negative impact on the student.

3.0 Items that are not Grievable

A. Grades except with evidence of: 1. Mistake – unintentional error on part of the instructor.

- 201 - 2. Fraud – intentional misrepresentation of any or all facts, which lead to a negative outcome. 3. Bad Faith – includes fraud and any other intentional act of the instructor, which negatively impacts the grade of the student. 4. Incompetence – there is evidence that the instructor does not have the knowledge, skills and/or abilities to conduct and fairly grade the course. Incompetence is usually pervasive, and not restricted to one student or one incident. B. Acts by another student (see Code of Conduct) C. Acts which, though deemed unfair, do not have a specific negative impact on the student. Included among non-grievable issues are situations which are deemed to be petty or to have no significant negative impact upon the student in question. D. Acts which affect another student. Only the student affected by an act may file a grievance. A student may not file on behalf of another student.

4.0 Grievance Levels

Prior to filing a Level I grievance, the student must meet with the employee and attempt an informal resolution. If the concern is academic in nature, the student must speak with the instructor.

A. Level I -- If the concern or complaint is not resolved satisfactorily, then the student should meet with the department head or lead instructor and the appropriate dean. 1. Must be within 20 working days of the alleged act B. Level II -- Mediation session between the student and the other party C. Level III -- Student meets with supervising administrator and/or area Vice President D. Level IV -- Formal request for hearing 1. Individual designated by the college Superintendent/President reviews charges and determines if a case exists based upon the following: a) The alleged act must have taken place on campus or during a college-sponsored event or be connected to the student’s college relationship to the employee named. This also includes any time when the employee is acting in their official capacity as an employee of the district. b) Must include all evidence, including names of witnesses to be called and copies of pertinent documents c) Must include evidence that steps I and II have been completed or attempted but have been unsuccessful d) May not add new charges or defendants e) The alleged act must have had an inappropriate negative impact on the student f) The student must identify the desired remedy if the grievance is found in their favor. *

2. A panel is named including: a) Chair – hearing officer as appointed by the President votes only in case of a tie vote b) 2 faculty appointed by the Academic Senate c) 2 students appointed by the Associated Student Body (A.S.B.)

- 202 - 3. A hearing is called a) During the academic year (1) Notice is sent within 10 days of verification of the complaint. (2) The hearing will take place no sooner than 10 days after the notice of hearing is mailed unless mutually agreed by both the filing student(s) and the responding employee(s) parties. (3) The hearing will take place no more than 20 working days after notice is mailed. b) During the summer or major vacation periods, due to the lack of availability of faculty and students, it is not always possible to adhere to all timelines. As a result, significant delays may be unavoidable, including delay until the beginning of the next academic period. (1) Notice is sent within 15 days of verification of the complaint. (2) The hearing will take place no sooner than 10 days after the notice of hearing is mailed unless mutually agreed by all parties. (3) An effort will be made to have the hearing take place no more than 20 working days after notice is mailed. However, due to limited availability of students and faculty, significant delays may occur. The appropriate Vice President may determine that the hearing will be delayed until the beginning of the next academic period.

4. The proceedings are tape-recorded and the tape is the sole record of the hearing.

5. Only the panel members, the complaining student(s) and the responding employee(s) remain in the room throughout the proceedings.

6. Each party may bring an advisor, but the advisor may not speak for or in any way represent the person whom they are advising.

7. Should anyone fail to attend the hearing, the hearing will be held without the missing person(s).

8. The panel shall base its decision solely on the evidence and testimony presented.

9. In general, written statements from individuals not present at the hearing will not be admissible without some authentication of the statement, such as a notary signature and seal.

10. The panel shall have the right to question all parties.

11. Both the complaining student and the responding employee may bring witnesses to speak on their behalf.

12. Following the presentation of all evidence and testimony, the panel will excuse all other individuals and conduct their deliberations in private.

- 203 - 13. Results of the hearing are sent forward to the appropriate Vice President or other designee of the Superintendent/President within 5 working days of the conclusion of the hearing.

14. The appropriate Vice President or Presidential designee notifies in writing the parties in question within 10 working days of receiving the recommendation from the hearing panel.

E. Appeal 1. Superintendent/President a) Either party may appeal the decision of the hearing. b) Appeals must be filed within 5 working days. c) Appeals are addressed to the Superintendent/President. d) Appeals must cite one or more specific flaws in the conduct of the process of review. Merely disagreeing with the outcome is not sufficient grounds to submit an appeal. e) The only new evidence which may be submitted with the appeal is new evidence which comes to light after the hearing and which was not available prior to the time of appeal. f) No new respondents may be added to the grievance at the appeal level g) The appeal is considered based solely upon the written record. However, the Superintendent/President may conduct an investigation at her/his discretion. h) The Superintendent/President will respond within 5 working days of receipt of the appeal.

2. Board of Trustees a) Either party may appeal the decision of the Superintendent/President b) Appeals must be filed within 5 working days of receipt of the decision. The appeal will be heard at the next available Board of Trustees meeting for which there is sufficient time to include the agenda item in the legal notice of the meeting. c) Appeals are addressed to the Board of Trustees c/o the Superintendent/President d) Appeals must cite one or more specific flaws in the implementation of the process of review. Merely disagreeing with the outcome of the appeal is not sufficient grounds to file a final appeal. e) Appeals are conducted based solely on the written record. However, it shall be the right of the Board to call and question any individuals related to the issues at hand. f) Hearings are held in closed session and the decision is announced in open session. g) The Superintendent/President will respond within 5 working days of the Board’s action on the appeal. h) Appeal to the Board is the final step in the student’s “due process” procedures.

*Concerning requested remedy: Issues of remedy sometimes include requests for disciplinary action against one or more employees. It is not within the power of the grievance process to assign or implement any disciplinary action against college

- 204 - employees. Students are discouraged from listing disciplinary action as their sole remedy. Employee discipline is strictly governed by state and local laws and regulations as well as by employment contracts. Provided all other requirements are met, the results of a grievance may be included in an employee’s evaluation only to the degree permissible by contract and by law.

AP 5550 Speech: Time, Place and Manner

1.0 The students of the District shall be permitted to exercise their rights of free expression subject to the time, place, and manner policies and procedures contained in Board Policy 5550 and these procedures.

2.0 The campuses of the District are non-public forums, except for designated free speech assembly area(s) as follows:

2.1 At the Menifee Valley Campus, the designated free speech assembly area is located in the quad area – immediately west of building 100, east of building 200 and north of building 300. In the event this area of the campus becomes temporarily unavailable for use for any reason including, but not limited to, construction, campus officials shall designate one or more alternate free speech assembly area(s).

2.2 At the San Jacinto Campus, the designated free speech assembly area is the quad area – immediately southwest of building 1150 and northwest of building 1100. In the event this area of campus becomes temporarily unavailable for use for any reason including, but not limited to, construction, campus officials shall designate one or more alternate free speech assembly area(s).

3.0 The designated free speech assembly area(s) are limited public forums. The District reserves the right to revoke that designation and apply a non-public forum designation at its discretion.

3.1 The District reserves the right to designate areas as non-public forums as necessary to prevent the substantial disruption of the orderly operation of the college. Areas of the college that are non-public forums specifically include but are not limited to campus offices, classrooms, warehouses, maintenance yards, and locker rooms.

4.0 Freedom of expression is guaranteed in the college where such expression does not violate District policy or create a clear and present danger of the commission of unlawful acts or the substantial disruption of the orderly operation of the

- 206 - college. In order to prevent obstruction of the free passage of students and staff and to avoid disturbing the regular instructional program of the college, campus persons or groups wishing to use the designated free speech assembly area(s) must adhere to the following regulations:

4.1 Persons using the designated free speech assembly area(s) shall obtain a reservation from the Superintendent/President or designee, and the applicant must identify himself or herself as well as the group making the reservation and state the date, time, and duration of the proposed assembly and the possible number of people expected to attend. The purpose of this reservation system is not intended as a prior restraint, but rather a guarantee of equitable use of facilities. Reservations shall be denied only on the basis of overcrowding of the assembly area, of prior request being granted for the same time and location, or failure to comply with other provisions of this policy.

4.2 Persons using the designated free speech assembly area(s) and/or distributing material in the designated free speech assembly area(s) shall not impede the progress of passersby, nor shall they force passersby to take material.

4.3 Persons using the designated free speech assembly area(s) shall not touch, strike, or otherwise impede the progress of passersby, except for incidental or accidental contact, or contact initiated by a passerby.

4.4 Persons using the designated free speech assembly area(s) shall not use any means of amplification that creates a noise or diversion that disturbs or tends to disturb the orderly conduct of the campus or classes taking place.

4.5 Persons using the designated free speech assembly area(s) shall not solicit donations of money, through direct requests for funds, sales of tickets or otherwise, except where he or she is using the designated free speech assembly area(s) on behalf of and collecting funds for an organization that is registered with the California Secretary of State as a nonprofit corporation or is an approved Associated Students Organization or club.

5.0 Persons using the designated free speech assembly area(s) shall be allowed to distribute petitions, circulars, leaflets, newspapers, and other printed matter. Such distribution shall take place only within the designated free speech assembly area(s). Material distributed in the designated free speech assembly area(s) that is discarded or dropped in or around the designated free speech assembly area(s) other than in an appropriate receptacle must be retrieved and removed or properly discarded by those persons distributing the material prior to their departure from the designated free speech assembly area(s).

6.0 Students shall be provided with bulletin boards for use in posting student materials at campus locations convenient for student use. All materials displayed on a bulletin board shall clearly indicate the author or agency responsible for its production, the name of the person requesting the posting, and shall be approved and date stamped by the Mt. San Jacinto College Student Activities

- 207 - Office. Materials displayed shall be removed after expiration of the date indicated on the stamp.

AP 5555 Non-Smoking and Smoking Tobacco

Mt. San Jacinto Community College District is a smoke free environment with the exception of those areas designated as smoking areas.  Individuals found smoking outside of the designated smoking areas will be issued a written warning and directed to an appropriate area.  Students are subject to disciplinary action for repeated violations of the smoking policy.  All college personnel are responsible for making students aware of the policy.  Appropriate signage making students aware of the policy and designated areas will be posted in a reasonable manner.  Information and warning cards will be widely distributed.  This policy applies to employees, students and visitors to all college facilities and events.

AP 5570 Student Credit Card Solicitation

Reference: Title 5, Section 54400; Civil Code Section 1747.02(m); Education Code Section 99030

1.0 Student credit cards may be marketed only with authorization by administration, and only at sites designated by campus administration.

2.0 Marketers of student credit cards are prohibited from offering gifts to students for filling out credit card applications.

3.0 Credit card and debt education information provided by nonprofit credit counseling organizations shall be available at the table of the company promoting the services.

AP 5610 Voter Registration

Reference: 0 20 U.S.C. § 1094(a)(23)(A); 34 CFR § 668.14(d)(1).

Mt. San Jacinto College makes a good faith effort to distribute a mail voter registration form to each student enrolled in a degree or certificate program and physically in attendance at the institution.

Forms are widely available to students at the institution, including on our website.

AP 5700 Athletics

Reference: Title IX, Education Amendments of 1972, Education Code 66271.6, 66271.8

The Vice President of Student Services and the Associate Dean of Athletics are responsible for compliance with Board Policy 5700.

- 212 - CHAPTER 6 – BUSINESS AND FISCAL AFFAIRS

AP 6100 Delegation of Authority...... 214 AP 6150 Designation of Authorized Signatures...... 215 AP 6200 Budget Preparation...... 216 AP 6250 Budget Management...... 218 AP 6300 Fiscal Management: Permanent Change Funds...... 220 AP 6301 Fiscal Management: Temporary Change Funds...... 222 AP 6302 Fiscal Management: Petty Cash Funds...... 224 AP 6303 Fiscal Management: Cash Handling and Cash Collections226 AP 6304 Fiscal Management: Retention of Accounting Records. 229 AP 6305 Reserves...... 231 AP 6310 Accounting...... 232 AP 6311 Accounts Receivable Billing and Collections...... 234 AP 6312 Returned Checks...... 236 AP 6313 Contract Requests...... 238 AP 6314 Purchase Requisitioning...... 239 AP 6315 Reimbursement of Expenses...... 240 AP 6316 Warrants...... 243 AP 6317 Lost and Destroyed Warrants...... 245 AP 6318 Conference and Travel...... 247 AP 6319 District Credit Cards...... 251 AP 6320 Investments...... 253 AP 6322 Employee Indemnity Bonds...... 255 AP 6325 Payroll...... 256 AP 6326 Printing...... 259 AP 6330 Purchasing...... 263 AP 6331 Surplus Property...... 268 AP 6332 Public Works Projects...... 269 AP 6340 Bids and Contracts...... 287 AP 6350 Contracts - Construction...... 294 AP 6360 Contracts – Electronic Systems and Materials...... 295 AP 6365 Accessibility of Information Technology...... 296 AP 6370 Contracts – Personal Services...... 297 AP 6380 Vendors...... 300 AP 6400 Audits...... 303 AP 6505 Procedures for Acceptable Use by College Employees for Computer and Communications Technology...... 305 AP 6506 District Email...... 309 AP 6507 Disaster Recovery...... 312

- 213 - AP 6508 Disk Management Quota ...... 313 AP 6509 Archival of Data...... 314 AP 6510 System Access...... 315 AP 6511 Computer Equipment Release...... 317 AP 6512 Telephone Moves, Adds and Changes...... 318 AP 6513 Computer/Network Work Order...... 319 AP 6514 Off-Campus Equipment Authorization...... 320 AP 6515 Web Page Guidelines...... 322 AP 6520 Security for District Property...... 326 AP 6530 District Vehicles...... 329 AP 6535 Use of District Equipment...... 333 AP 6540 Insurance...... 334 AP 6550 Disposal of Property...... 335 AP 6600 Capital Construction...... 337 AP 6620 Naming of Buildings...... 338 AP 6700 Facility Use...... 340 AP 6701 Key Control...... 346 AP 6702 Community Service Workers...... 350 AP 6740 Citizen’s Oversight Committee...... 351 AP 6750 Parking...... 353 AP 6850 Hazardous Materials...... 354 AP 6900 Bookstore...... 356 AP 6910 Cafeteria...... 361

- 214 - Mt. San Jacinto Administrative Procedures Community College District Chapter 6 1499 N. State Street Business and Fiscal Affairs San Jacinto, CA 92583-2399

AP 6100 Delegation of Authority

Reference: Education Code Section 70902(d), 81644, 81655, 81656

The Vice President of Business Services is delegated authority from the Superintendent/President to supervise budget preparation and management; oversee fiscal management of the District; and contract for, purchase, sell, lease, or license real and personal property, in accordance with Board Policy and law.

Responsibility for the development of internal policies and procedures consistent with the provision of this regulation remains with the Vice President of Business Services. This delegated authority is subject to the condition that certain of these transactions be submitted to the Superintendent/President for review and approval from time to time as determined by the Superintendent/President.

When transactions do not exceed the dollar limits established in the Public Contracts Code, the Education Code or other laws pertaining to the taking of competitive bids, the Associate Dean, Support Services and Development or District Purchasing Agent may contract for goods, services, equipment and rental of facilities so long as the transactions comply with law and any limitations or requirements set forth therein. Furthermore, the Vice President of Business Services may amend the terms and conditions of any contractual arrangement so long as the total expenditure of funds and period of contract do not exceed the limitations set forth in applicable law or regulation.

AP 6150 Designation of Authorized Signatures

Reference: Education Code Section 85232, 85233

The Board President and the Clerk of the Board of Trustees are authorized to sign documents that have been authorized by action on behalf of the Board of Trustees.

The Clerk of the Board of Trustees or the Superintendent/President shall be authorized to sign official documents for the Board of Trustees. The authorized signatures shall be filed with the Riverside County Superintendent of Schools.

In the absence of the above mentioned, the Vice President of Business Services may sign for the Board of Trustees. Others may be authorized by Board Resolution.

Authority to sign warrants, orders and other transactions on behalf of the Board of Trustees is delegated to the Superintendent/President and other officers appointed by the Superintendent/President. Such orders and transactions shall be reported to the Board of Trustees.

The Vice President of Business Services will withhold approval of District warrants when:  Disbursement of the funds will result in the total amounts expended in any major account classification to exceed the amount budgeted.  Established procedures have not been followed to permit verification of authenticity of the expenditure.

AP 6200 Budget Preparation

Reference: Education Code 70302(b)(5); Title 5, Sections 58300 et seq.; Accreditation Standard III.D

Authority. The Dean of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition. The District budget is a plan of estimated revenue and proposed operational expenditure covering all governmental, proprietary, and fiduciary funds for a fiscal year. The budget represents operational plans in terms of economic decisions, and is an essential element of the financial planning, control and evaluation processes of the District.

Responsibilities. 1. Budget development must support the District philosophy of integrating budget planning with all institutional planning. 2. Budget priorities that address the District’s educational master plan must be established and agreed by the District administration prior to initiating the budget process. 3. The budget must be developed in consultation with the Budget Committee, which is composed of the various participatory governance groups in the District. 4. The budget must be developed using, but not limited to, the following guidelines: a. ongoing revenue may be allocated for ongoing or one-time expenditure; one- time revenue must be allocated only for one-time expenditure b. current revenue must generally fund current expenditure c. enrollment targets must be established d. liability reserves must be identified and funded as necessary e. unexpended departmental funds at the end of a fiscal year must be utilized to fund any shortfall in the division’s operations; any overall unexpended funds of the District must be allocated or clearly designated as part of the fund balance.

Departmental Procedures. 1. The Dean of Business Services must complete the proposed budget calendar for the ensuing fiscal year for submission to the Board of Trustees in November. 2. In accordance with the Governor’s proposed budget, the District’s First Principal Apportionment, and the priorities established by the District, the Dean of

- 217 - Business Services must formulate and distribute budget instructions in March. These instructions must define the parameters for developing departmental budgets, and must include appropriate financial reports and documentation that will assist in budget development. In particular the instructions should include a requirement that any budget change proposal (BCP) must be clearly linked and must directly address the agreed priorities for the budget year. 3. The budget parameters and instructions may be modified as necessary in conjunction with the Governor’s May Revise and any other pertinent financial and economic information. 4. The proposed Tentative Budget must be submitted to and approved by the Board of Trustees on or before July 1 in compliance with Title 5, Section 58305(a). 5. In accordance with the Second Principal Apportionment, the State Budget, and advisories from the Chancellor’s Office, the final budget must be completed and recommended to the Board of Trustees for adoption. The Board must conduct a public hearing and adopt the budget on or before September 15, in compliance with Title 5, Sections 58301 and 58305(c). 6. Two copies of the Adopted Budget must be submitted to the Chancellor’s Office on or before September 30 in compliance with Title 5, Section 58305(d). 7. The Adopted Budget must be included in the Annual Financial and Budget Report (CCFS 311) that is submitted to the Chancellor’s Office on or before October 10. This report contains a statement of the actual revenues and expenditures for the fiscal year just completed, plus the estimated revenues and proposed expenditures for the succeeding fiscal year (CCR, Section 58303).

AP 6250 Budget Management

Reference: Education Code 70901, Title 5, Sections 58307 and 58308

Definition. These regulations outline the District rules and procedures for administering the Adopted Budget that is approved by the Board of Trustees in September.

Responsibilities. 1. Budget administrators are responsible for their area budgets. In conjunction with the Business office, budget administrators must ensure that projected revenues and estimated expenditures for the fiscal year are received and spent as planned, subject to the following paragraphs. 2. Revenues received in excess of the amounts required to finance the total proposed expenditures must be added to the general unrestricted reserve, and will not be available for appropriation for the current fiscal year except by the procedure in paragraph 3. 3. All revenues accruing to the District in excess of or less than the amounts shown in the budget must be reported to the Board of Trustees. By formal action the Board must pass a resolution setting forth the major object classifications of expenditures that will be similarly increased or decreased by the change in revenues. 4. The total expenditure budgeted for each major object classification of expenditures is the maximum amount that may be expended for that classification. Transfers from one major object classification to another, or from the reserve for contingencies to any expenditure classification must be authorized by written resolution of the Board. A resolution providing for the transfer from the reserve for contingencies to any expenditure classification must be approved by a two-thirds vote of the members of the Board; a resolution providing for the transfer between expenditure classifications must be approved by a majority of the members of the Board.

Department Procedures. 1. Budget administrators must submit requests for appropriation or expense transfer to the Business Office by completing the Business Services Financial Transaction Form. The form is posted in the P drive under P:\FORMS.

- 219 - 2. Expense transfers within a major object classification do not require Board approval. 3. Budget administrators must ensure that a budget line will not result in a negative amount (overspending) as a result of an appropriation or expense transfer request.

AP 6300 Fiscal Management: Permanent Change Funds

Reference: Education Code Section 84040(c); Title 5 Section 58311; Accreditation Standard III.D.2

Authority. The Dean of Business Services is responsible for administering these regulations and is the authority to amend these regulations.

Definition. 1. These regulations outline the District rules and procedures for the proper handling of permanent change funds authorized to various District departments. 2. Permanent change funds are used to provide operating cash to District departments that have cash (currency and coin) transactions on a regular basis as part of their function.

Responsibilities. 1. Only District employees are permitted to handle the permanent change funds. 2. Access to all permanent change funds is restricted to the designated custodian for the fund. The cash must be safeguarded at all times from fire and theft and must be stored in a locked safe, cabinet, or drawer. 3. Permanent Change funds must not be used for purchases of supplies, materials, or services. 4. Only District-authorized permanent change funds are permitted. Departments are not permitted to establish permanent change funds from cash collections. 5. For purposes of these regulations, the Dean of Business Services has authorized Permanent Change funds for the following areas:

Department Amount Departmental Custodian

Bookstore-MVC Campus $ 13,000.00 Bookstore Supervisor Bookstore-SJC Campus $ 13,000.00 Bookstore Supervisor Cafeteria- MVC Campus $ 400.00 Cafeteria Supervisor Cafeteria- SJC Campus $ 450.00 Cafeteria Supervisor Campus Police – MVC $ 40.00 Clerical Assistant III Campus Police – SJC $ 40.00 Parking Services Coordinator Cashiers Office-MVC Campus $ 350.00 Head Cashier Cashiers Office-SJC Campus $ 350.00 Head Cashier Enrollment Services-SJC Campus $ 25.00 Director, Enrollment Services Enrollment Services-MVC Campus $ 25.00 Director, Enrollment Services

- 221 - Enrollment Services-TVC $ 100.00 Director, Enrollment Services Foundation Marketplace $ 675.00 Marketplace Manager Theater Box Office-SJC $ 70.00 Clerical Assistant III

Departmental Procedures. 1. A department having demonstrated an on-going need for a permanent change fund may request the establishment of a permanent change fund by submitting a written request to the Dean of Business Services. The request must fully explain the department’s need for a permanent change fund, and must designate the custodian of the fund. The request must be approved by the department and appropriate dean or division head, 2. If a department anticipates a need for a temporary change fund for a one-time, annual, or semester specific special event, the department may request a temporary change fund by submitting a written request to the Dean of Business Services. The procedures for obtaining a temporary change fund are outlined in AP 6301. 3. Once the request is approved by the Dean of Business Services, the department’s assigned accounts payable processing group will issue a warrant payable to the designated custodian. 4. A strict accounting of the permanent change fund is required of the departmental custodian. At all times the sum of cash on hand and/or in the process of being reimbursed must equal the amount initially obtained upon establishment of the change fund. 5. The Dean of Business Services or assigned designee may conduct an unscheduled count of any permanent change fund. 6. A department shall immediately contact the Dean of Business Services, college police, and the appropriate dean or division head if monies are found to be missing or if there is suspicion of theft or misuse of funds.

AP 6301 Fiscal Management: Temporary Change Funds

Definition. 1. These regulations outline the District rules and procedures for the proper handling of temporary change funds authorized to various District departments. 2. Temporary change funds are used to provide operating cash to District departments that anticipate cash (currency and coin) transactions for one-time, annual, or semester specific special events.

Responsibilities. 1. Only District employees are permitted to handle temporary change funds. 2. Access to all temporary change funds is restricted to the designated custodian for the fund. The cash must be safeguarded at all times from fire and theft and must be stored in a locked safe, cabinet, or drawer. 3. Temporary Change funds shall not be used for purchases of supplies, materials, or services. 4. Only District-authorized temporary change funds are permitted. Departments are not permitted to establish temporary change funds from cash collections. 5. For purposes of these regulations, the Dean of Business Services authorizes temporary change funds for the following areas:

Department Amount Departmental Custodian A.S.B. Programs–Athletics $70.00 Administrative Associate III

Departmental Procedures. 1. If a department demonstrates a need for a temporary change fund, the department may request the establishment of a temporary change fund by submitting a written request to the Dean of Business Services. The request must fully explain the department’s need for a temporary change fund, and must designate the custodian of the fund. The request must be approved by the department and appropriate dean or division head. 2. If a department demonstrates a need for a permanent change fund for on-going operational needs, the department may request a permanent change fund by

- 223 - submitting a written request to the Dean of Business Services. The procedures for obtaining a permanent change fund are outlined in AP 6300. 3. The written request must be submitted to the Dean of Business Services no later than 15 business days prior to the event. 4. Once the request is approved by the Dean of Business Services the department’s assigned accounts payable processing group will issue a warrant to the departmental designated custodian of the temporary change fund. All repayments of temporary change funds must be submitted to Business Services within two working days following the event. 5. If a temporary change fund is not repaid by the designated custodian as outlined above, subsequent requests for change funds must be denied. 6. A strict accounting of the temporary change fund is required of the departmental custodian. At all times the sum of cash on hand and/or in the process of being re-deposited must equal the amount initially obtained upon establishment of the change fund. 7. The Dean of Business Services or assigned designee may conduct an unscheduled count of any temporary change fund. 8. A department shall immediately contact the Dean of Business Services, college police, and the appropriate dean or division head if monies are found to be missing or if there is suspicion of theft or misuse of funds.

AP 6302 Fiscal Management: Petty Cash Funds

Definition. 1. These regulations outline the District rules and procedures for the proper handling of petty cash funds authorized to various District departments. 2. Petty cash funds are used to provide a means to make small occasional emergency purchases of supplies and materials that cannot be acquired by any other means such as through district purchase orders and credit cards.

Responsibilities. 1. Only District employees are permitted to handle petty cash funds. 2. Access to all petty cash funds is restricted to the designated custodian for the fund. The petty cash fund, including supporting documentation, must be safeguarded at all times from fire and theft, and must be stored in a locked safe, cabinet, or drawer. 3. Petty cash funds must not be used for the following: a. payroll payments b. services of an independent contractor c. equipment d. hazardous materials and controlled substances including alcohol e. leases and rentals of vehicles and equipment f. entertainment expenses g. liquor h. parking citations i. personal obligations 4. Only District-authorized petty cash funds are permitted. Departments are not permitted to establish petty cash funds from cash collections. 5. For purposes of these regulations, the Dean of Business Services has authorized petty cash funds for the following areas:

- 225 - Department Amount Departmental Custodian Child Care Center-MVC Campus $ 100.00 Site Supervisor, CDEC Child Care Center- SJC Campus $ 100.00 Site Supervisor, CDEC

Departmental Procedures. 1. A department having demonstrated an on-going need for a petty cash fund may request the establishment of a petty cash fund by submitting a written request to the Dean of Business Services. The request must fully explain the department’s need for a petty cash fund, and must designate an appropriate District employee as custodian of the fund. The request must be approved by the department and appropriate dean or division head. 2. If a department anticipates a need for a permanent or temporary change fund for a one-time, annual, or semester specific special event, the department may request a permanent or temporary change fund by submitting a written request to the Dean of Business Services. The procedures for obtaining change funds are outlined under AP 6300 for Permanent Change Funds and AP 6301 Temporary Change Funds. 3. Once the request is approved by the Dean of Business Services the department’s assigned accounts payable processing group will issue a warrant payable to the designated custodian. 4. All expenditures from the petty cash fund must be documented by an original signed receipt showing the date, name of vendor, item(s) purchased, unit price, and total cost. Expenditure documentation must be retained with the fund until the custodian submits the documents with the request for reimbursement. 5. The petty cash fund custodian shall request reimbursements as needed. A fund may be reimbursed as often as necessary, but must be reimbursed when expenditures exceed twenty-five dollars. At fiscal year end all petty cash funds must be fully reimbursed regardless of the amount of expenditures. 6. To obtain reimbursement the custodian of the fund must complete, sign, and submit a District-approved Petty Cash Reconciliation form, along with all supporting original receipts to the assigned accounting representative responsible for the accounting of the expenses. The custodian must keep copies of all submitted documents. 7. A strict accounting of the petty cash fund is required of the custodian. At all times the sum of cash on hand and/or in the process of being reimbursed must equal the amount initially obtained upon establishment of the fund. 8. The Dean of Business Services or assigned designee may conduct an unscheduled count of any petty cash fund. 9. A department must immediately contact the Dean of Business Services, college police, and the appropriate dean or division head if monies are found to be missing or if there is suspicion of theft or misuse of funds.

AP 6303 Fiscal Management: Cash Handling and Cash Collections

Definition. These regulations outline the District rules and procedures for the proper handling of cash, and the responsibilities of District employees involved in cash handling procedures. For purposes of these regulations cash is defined as currency, coin, check, money order, travelers check, or credit card.

Responsibilities. 1. Only District employees are permitted to handle cash as defined. No individual department shall accept payments by currency without prior approval of the Dean of Business Services. 2. All cash, including cash collected by individual departments, must be safeguarded at all times from fire and theft, and must be stored in a locked safe, cabinet, or drawer. Whenever possible, departments shall encourage check and/or credit card payments rather than currency. 3. All cash collected must be deposited with the Cashiers’ office INTACT at either the San Jacinto or Menifee campus locations. Cash collected must not be used to make disbursements, refunds, or to pay expenses. In the event that a department requires a change fund or petty cash fund, a request to establish such funds may be submitted to the Dean of Business Services following the procedures outlined in AP 6300: Permanent Change Funds, AP 6301: Temporary Change Funds and AP 6302: Petty Cash Funds. 4. All checks must be made payable to Mt. San Jacinto College or MSJC. The department name or project name may be indicated following the above designation. 5. All bank accounts for the District must be established by the Business Office. No other department may establish a District bank account or arrange to deposit District funds into an unauthorized bank account. 6. For purposes of these regulations The Dean of Business Services has authorized the following departments to accept cash payments:

- 227 - Associated Student Body Operations Associated Student Body Clubs Associated Student Body Programs Automotive Bookstores (*) Business Services Cafeterias (*) Campus Police Cashiers Offices (*) Child Care Centers Facilities - Parking Meter Collections Foundation Operations Foundation Subsidiary Programs Learning Centers Libraries Theater Box Offices

7. With the exception of the departments followed by an asterisk, all approved collections are forwarded to the campus Cashiers’ office for deposit transmittal to the appropriate bank account. Due to the voluminous nature of the departmental collections indicated by an asterisk above the Dean of Business Services has given special permission for these departments to deposit their collections directly to their respective bank accounts.

Departmental Procedures. 1. Immediately upon receipt of cash a department must complete a District approved, three-part pre-numbered Cash Receipt, Datatel Cash Receipt, or Cash Register Sales Transaction Cash Receipt. A receipt shall always be provided to the payer at time of exchange of goods. 2. All cash must be forwarded to the Cashiers’ office for bank deposit within three days of receipt or whenever collections exceed $500. 3. All cash must be placed in District-approved bank deposit transmittal bags with the exception of bulk deposits which are placed in sealed canvas coin bags. The face of each transmittal bag must be completed in full by the transmitter. Pre- printed instructions are included on each bag. Once completed the transmitter retains the tear off receipt for his records. Supporting documentation must not be placed in the transmittal bag. 4. Completed transmittal bags must be forwarded by the transmitter in person to the cashiers’ office window or may be directly deposited in the drop box receptacles located near each cashier’s office. Face to face transactions will be logged and signed for by both parties. Drop box collections must be opened in tandem by two cashiering employees, one of whom may be the head cashier, or Accounting Supervisor. The log of drop box collections received will be completed by the two employees. Under no circumstances shall cash collections be forwarded via inter-campus, inter-office, or U.S. mail.

- 228 - 5. All supporting documentation, receipts, and serial numbered transmittal bag tear- offs must be forwarded simultaneously to the Business Office accounting representative responsible for the accounting of the collections. 6. The department must retain copies of all supporting documentation above, including any receipts issued. 7. In case of any discrepancy, the cashiers’ offices will notify the transmitter, the assigned Business Office Accounting representative, the head cashier, and the accounting supervisor by group e-mail.

Segregation of Duties: 1. Departments handling cash shall separate, to the extent possible, all duties relating to cash handling. A system of checks and balances shall be established in which tasks are performed by different individuals in order to ensure adequate controls. For example, one person should receive and prepare the collections for transmittal and a second person should review the department’s ledger verifying the deposits. 2. It is the department head’s responsibility to ensure that any amount transmitted to the Cashiers’ offices includes all monies received. 3. A department must immediately contact the Dean of Business Services, college police, and the appropriate dean or division head if monies are found to be missing or if there is suspicion of theft or misuse of funds.

AP 6304 Fiscal Management: Retention of Accounting Records

Definition. These regulations outline the District rules and procedures for the retention and handling of operational accounting records. For purposes of these regulations, accounting records are defined as the detailed operational business and financial records for all District and Foundation funds related to: 1. business and financial records basic to audit, including, but not limited to purchase requests, purchase orders, vouchers, invoices, receiving documents, warrants, check copies, canceled check copies, bank statements, reconciliations, inventory records, journal entries, microfiche, electronic storage media, closing files, audit schedules and requests, and detail records used in the preparation of reports, and schedules, 2. periodic reports such as daily, weekly, monthly, quarterly, semi-annual, and annual reports, bulletins, instructions, and communications.

Responsibilities. 1. The accounting records of the District shall be considered Class 2 - Optional records, as defined by California Education Code section 59024 and further defined by the District as seven-year-retention records. 2. Current year and prior year accounting records are maintained and stored in the business office until the acceptance of the annual audit report by the District Board of Trustees. Upon acceptance by the Board, the prior year records must be sent to the District warehouse facilities for storage for an additional time period of five years from the fiscal year-end date, after which time the records will be destroyed. The total cumulative years that accounting records are to be retained on-site is seven years from the fiscal year end date. 3. Exceptions to the seven-year-retention rule are records involved in litigation, potential litigation, criminal or civil investigation, audit, or continuing administrative use.

- 230 - Departmental Procedures. Accounting records for the current fiscal year, plus the prior fiscal year are housed in the business office departmental files until the current fiscal year’s annual audit report has been accepted and approved by the District Board of Trustees. Records are segregated by individual work unit, process type, and fiscal year. 1. Upon approval of the annual audit report by the District Board of Trustees the prior fiscal year’s accounting records must be transferred to the warehouse facilities storage. The records are placed in warehouse-approved storage containers, labeled in accordance with Warehouse regulations, and tagged with a unique work unit identifier. The container information is recorded in the Business Office Storage register. 2. The storage containers shall be staged within the business office until arrangements are made with the warehouse for transport to warehouse facilities storage. 3. Business Office personnel may view records in the warehouse storage facility, or request storage containers to be transported back to the business office by contacting warehouse personnel. Under no circumstances will non-business office personnel be authorized to view accounting records in storage or request transport of accounting records.

AP 6305 Reserves

Reference: California Code of Regulations (CCR) Section 58311

Authority. The Superintendent/President is responsible for administering these regulations, and is the authority to amend these regulations.

Definition. These regulations define the level of Unrestricted General Fund Balance (Reserves) that must be maintained by the District. Fund Balance is the difference between the assets and liabilities in governmental and expendable trust funds. Unrestricted Fund Balance is any portion of the Fund Balance that is not restricted by law or by specific agreement that is outside District control.

Responsibilities. 1. The Chancellor’s Office mandates that the minimum prudent unrestricted general fund balance (reserve) is 5 percent. The District Board of Trustees adopted a minimum reserve balance of 6 percent. 2. The Superintendent/President recommends an annual budget to the Board that must provide for the minimum 6 percent reserve. The reserve must be monitored throughout the fiscal year in conjunction with the submission of the quarterly financial status report (CCFS311Q) to the Board and to the Chancellor’s Office.

Departmental Procedures. 1. The Superintendent/President delegated the task of maintaining the established reserves to the Vice President of Business Services. 2. In compliance with the regulations on budget management and accounting, the Vice President of Business Services must ensure that the Board-directed reserve level is identified and maintained during the fiscal year.

AP 6310 Accounting

Reference: Education Code 84030, California Code of Regulations (CCR) Section 58300

Definition. The accounting system of the District consists of the uniform fund structure, revenue and expenditure classifications, and other accounting procedures that are outlined in the Chancellor’s Office Budget and Accounting Manual (BAM). Compliance with the BAM ensures that community college districts report consistently comparable financial data. 1. All financial management systems of the District must have appropriate control mechanisms and must provide dependable and timely information for sound financial decision-making. 2. The accounting system of the District must ensure the ability to present fairly and with full disclosure the financial position and results of operations of District funds and account groups in conformity with generally-accepted accounting principles; the system must also ensure the ability to determine and demonstrate compliance with finance-related legal and contractual provisions. 3. The Riverside County Office of Education developed and maintains the District financial system (Galaxy), excluding accounts involving the auxiliary areas.

Responsibilities. 1. All accounting systems must be reviewed and authorized by the Dean of Business Services prior to implementation. 2. All systems must ensure that district finances can be administered with effective oversight of financial aid programs, externally-funded programs, contractual relationships, auxiliary organizations, the college foundation, and all institutional investments. 3. All systems used for recording and summarizing the business and financial transactions of the District must allow for comprehensive and timely information to be produced accurately and consistently in order to assure periodic assessment of the fiscal condition of the district. 4. Financial documents produced from all systems must reflect the appropriate allocation and use of financial resources that support institutional programs and services.

- 233 - 5. Effective and appropriate internal controls must be established and maintained over all systems.

Departmental Procedures. 1. On a monthly basis, the Business office must report to the Board the payroll, commercial warrants, contracts, appropriation transfers, and budget modifications that were processed for the month. 2. At the end of each quarter the Business office must prepare financial statements for the Board of Trustees’ review by completing the Chancellor’s Office CCFS 311Q. Upon Board approval the report must be filed with the County Superintendent of Schools and the State Chancellor’s Office. These financial statements represent year-to-date budget, revenue and expenditure information at the major object code level. 3. At the end of the fiscal year, the Business office must prepare annual financial statements of all District funds and auxiliary accounts by completing the Chancellor’s Office CCFS 311. These financial statements are subject to the contracted audit in AP 6400. 4. The Business office must prepare, distribute, and maintain on file, any program financial statement and financial information for the review of budget administrators as necessary. 5. The Business office must ensure that departments have sufficient access to the Galaxy financial system and supporting documentation, and must make available to employees any and all training that is required in order to work in Galaxy.

AP 6311 Accounts Receivable Billing and Collections

Authority The Dean of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition These regulations outline the District rules and procedures for the proper handling of accounts receivable balances owed to the College, and the responsibilities of District employees involved in the accounts receivable billing and collections process. For purposes of these regulations accounts receivable is defined as student and third-party billing accounts for tuition, fees, books, supplies, financial aid payments, and miscellaneous loans. Also included in this category are credit sales of goods, services, and miscellaneous contractual agreements for non-student clientele.

Responsibilities 1. Only District-authorized third-party student billing agreements are permitted. Departments are not permitted to establish agreements with outside agencies, unless specifically authorized by the Dean of Business Services. 2. All District accounts receivable shall be recorded systematically using an approved system of accounting. 3. All authorized third-party billings for student charges are administered through the District financial aid office, therefore, prior to incurring student charges billable to third-party agencies, a current agency authorization form shall be on file with the District financial aid office for student account processing. 4. All accounts receivable billings shall be presented to the billing party in the form of a District-approved invoice. 5. All individual accounts deemed uncollectible at the end each fiscal year end will be evaluated by the Business office and, where applicable, will be submitted for collection by a third party. The collection may be through the Chancellor’s Office Tax Offset Program for interception against any monies owed to the debtor by the California Franchise Tax board, or through a private collection agency. 6. If applicable, a restrictive hold for future services will be placed on all account holders failing to meet agreed-upon terms. Restrictive holds will not be removed until payment has been made in full or satisfactory repayment arrangements have been negotiated. All repayment arrangements must be authorized by the Dean of Business Services. 7. Typically all District billing is administered through the Business Office sectors; however, due to the voluminous nature of some departmental billings, the Dean

- 235 - of Business Services has authorized the following departments to handle direct billing to students and non-student clientele: o Bookstores o Cafeterias o Child Care Centers o Community Education 8. For purposes of these regulations third-party billing agreements for students have been authorized with the following agencies: o Department of Veteran’s Affairs o Department of Defense - Military Tuition Assistance o Employment Development Department – State of California o Riverside County Fire Department o Southwest Healthcare Systems o State of California - Department of Rehabilitation o Valley Health System 9. Any unusual circumstances or special projects not fully covered under these regulations shall be addressed to the Dean of Business Services.

Departmental Procedures. 1. Departments authorized for accounts receivable billing and collection efforts shall be responsible for the following: o Maintaining accounts receivable records including supporting documentation. o Periodic billing and invoicing to account holders. o Collection and processing of incoming payments. o Reporting of outstanding receivables, overdue accounts, and potential collection risks to the Business office. 2. Minimum supporting accounts receivable documentation includes: o Records of individual charges reflecting invoice number, date, amount, customer name, ID, address, description of the charge and any agency required specifics. o Records of approved invoice adjustments o Record of payments received including date, amount, invoice number, and customer identification number, and name. 3. All accounts receivable shall be recorded systematically utilizing a District- approved accounting system as individual charges are incurred. 4. All recommendations for write-off or cancellation of accounts receivable will require the departmental Dean approval. Recommendations shall be submitted to the respective Business office accounting representative, with final write-off authority residing with the Dean of Business Services. 5. All accounts receivable payments shall be posted to the accountholder’s account within three business days of receipt by the area responsible for such payment posting.

AP 6312 Returned Checks

Authority The Dean of Business Services is responsible for administering these regulations and is the authority to amend these regulations.

Definition These regulations outline the District rules and procedures for the proper handling of checks returned from the banking institution on which they are drawn.

Responsibilities 1. Only District employees are permitted to handle the redemption of returned checks, and for collecting the associated fee. 2. Redemptions of returned checks and associated fees must be safeguarded at all times from fire and theft and must be stored in a locked safe, cabinet, or drawer. 3. Only departments authorized for departmental collections shall collect redemptions and the associated returned check processing fees. Departments must not waive, change, or adjust the returned check-processing fee. All notification and collection efforts shall be administered by the departmental collections unit responsible for the original collection. The department must retain copies of all communications pertaining to these collection efforts. 4. The District shall charge a Board-approved returned check-processing fee for each check presented for payment that is returned unpaid by the banking institution on which it is drawn. 5. Payments for the redemption of returned checks and the returned check- processing fee must be made by cash, cashiers check, or money order. 6. The District may suspend the check-writing privileges of any issuer of a returned check.

Departmental Procedures 1. Upon receipt of a bank notification that a check deposit has been returned unpaid, the appropriate Business Office accounting representative will provide the collecting department with the original returned check and a copy of the bank notice. In cases where the documents are forwarded to staff outside of the Business Office reporting chain, e.g., Child Care Centers, Bookstores, the Business Office accounting representative retains the original bank notice and a copy of the returned check. Because the District has negotiated special redeposit strategies with its banking partners, departments must not accept redemptions of anticipated returned checks prior to receipt of official notification by the District’s bank depository.

- 237 - 2. The collecting department must notify the presenter of the check within five business days of receipt of the bank notification for non-payment, by using a District-approved invoice that outlines the redemption instructions and consequences of non- redemption. 3. When an original payment is for student fees or charges of any nature, the collecting department must initiate the process to place a restrictive hold on the student’s identification number within the District’s Datatel Student system. This hold is initiated by completing a District-approved Outstanding Financial Obligation Notice form. The department must provide the student with the debtor’s copy of this form and the invoice outlined in Departmental Procedures, paragraph 2 above. 4. Upon redemption, the collecting department must provide the payer with a District-approved receipt or cash register tape showing the payment details that cleared the debt. The collecting department must also complete District- approved Outstanding Financial Obligation Clearance form in order to initiate removal of the restrictive hold. 5. The debtor’s copy of the Outstanding Financial Obligation Clearance form and the original check must be provided to the payer in person or by U.S. mail depending on the payment method used by the payer. A department must not remove or authorize the removal of a restrictive hold until full payment of the debt and the returned check-processing fee has been received. At no time shall the original check be returned to the payer prior to the receipt of the full redemption amount and all associated fees.

New: April 18, 2007 Page 1 of 1 AP 6313 Revisions: July 24, 2007

AP 6313 Contract Requests

Definition These regulations outline the process of submitting contract requests to Business Services when it is necessary to obtain the services of an outside agency, contractor or consultant.

Responsibilities An individual must not commit District funds by incurring a liability prior to approval from Business Services. Any individual who fails to comply with this regulation may be held personally responsible for any eventual unauthorized expense.

Departmental Procedures 1. The Contract Request form, posted on the P drive/Forms, must be completed with all pertinent information to include account code(s) and required signatures; requestor, immediate supervisor or dean, and Division Vice President. 2. All contracts of $25,000 or more require approval of the Board of Trustees. 3. Contracts should be submitted to Business Services at least three weeks prior to the scheduled Board meeting in order to ensure placement on the Board agenda. 4. Contracts will not be processed until they have received all required approvals and services should not be rendered until a fully executed contract is in place. 5. Upon completion of a contracted service, an invoice must be signed by one of the contract approvers and forwarded to Business Services Accounts Payable in order for payment to be made. 6. A consultant may not be an employee of the District at any time during the contract period unless the employee: o Is to be paid through the Foundation, or o Operates a business with a separate EIN # for the business

AP 6314 Purchase Requisitioning

Definition. These regulations outline the process of submitting purchasing requisitions to Business Services. The District subscribes to a “process of centralized purchasing” as defined in AP 6330.

Responsibilities. 1. An individual must not unilaterally commit District funds by incurring a liability prior to receiving approval from Business Services. Any individual who fails to comply with this regulation may be held personally responsible for any eventual unauthorized expense. 2. A purchase requisition may be a request for a one-time purchase or for multiple purchases from the same vendor over a period (open or blanket purchase order).

Departmental Procedures. 1. Purchasers of goods and services, except of those covered by formal contract agreement, must complete a Purchase Requisition form that is posted in the P drive\Forms. Instructions for completing the form are outlined therein. 2. Requisitions must be approved by the department’s budget administrator or designee as outlined in AP 6150. 3. Departmentally-approved requisitions must be submitted to Business Services for budgetary approval and Accounts Payable review. Business Services will return any incomplete or unfunded requisition to the requestor unless Business Services receives the following: a. a budget transfer covering the insufficient account line b. prior request for approval to process the requisition in anticipation of a budget transfer. 4. Requisitions with a total value of at least $5,000 must be approved by the Dean of Business Services. Requisitions with a total value of $25,000 or more must be ratified by the Board of Trustees. 5. Requisitions for an advance payment for tangible goods or for purchase of gift cards (under allowable categorical programs only) must be followed by submission of substantiating itemized receipts provided to Business Services in a timely manner.

AP 6315 Reimbursement of Expenses

Definition. Purchasing Policy provides that district purchases shall be ordered and received by the Purchasing Department. It is recognized that in certain instances this provision of the Purchasing Policy will not apply. In all instances these regulations will apply for the reimbursement of allowable expenses as shown below. 1. Non-tangible items 2. Tangible goods ~ emergencies* only

* “Emergency” is defined as the need for goods or services necessary for the continuance of critical daily operating functions or when an emergency condition exists involving the health, welfare or safety of the public, staff or students. Failure to allow adequate lead-time does not constitute an emergency.

Responsibilities. 1. Reimbursement claims must include the following: a. original itemized receipts signed by the claimant to certify that the items or services have been received (except for per diem meals) b. appropriate account code(s) to be charged for the expense(s) c. approval of authorized budget administrator 2. Misuse of the reimbursement policy by an individual may result in the denial of future claims to that individual. Misuse includes but is not limited to: a. repetitive purchases of tangible goods without sufficient justification of exception to Purchasing Policy b. failure to provide itemized receipts c. purchase of tangible item in excess of cost limit – see Guidelines #4 below d. submission of fraudulent claim

Guidelines. 1. Reimbursement claims are submitted to Business Services by completion of a Reimbursement Request form posted on the P drive:Forms. 2. Claims may be submitted for the following non-tangible expenses: a. event registration fee b. mileage c. taxis, shuttles, parking d. car rental

- 241 - e. meals not to exceed the applicable per diem rate; receipts not required by Business Services. All business meal claims must be supported by a conference or meeting flyer whether or not there is a CAR on file. f. lodging; itemized receipt required 3. The following expenses are not reimbursable: a. gratuities over the rate notified by Business Services from time to time in accordance with the industry prevailing rates b. alcoholic beverages c. expenses of a personal nature such as movies, health spas, recreational tours, personal phone calls d. lodging within 60 miles of regular campus assignment e. tangible goods purchases, except emergency purchases as defined in these regulations 4. Reimbursement claims for tangible goods (approved exceptions only) will be processed up to a total of $499 per claim, and must be supported by the following documentation: a. advance approval of the purchase by the budget administrator verbally or in writing to Business Services to include justification for the purchase outside of normal Purchasing Process b. signature approval of budget administrator on submitted claim c. original itemized receipt(s) d. confirmation that goods were received at MSJC by either the Purchasing Department or by signature of claim approver on receipt or pack slip 5. Mileage. a. mileage will be provided for any employee upon the recommendation of the employee’s immediate supervisor and approval of the appropriate administrator when the employee’s assignment requires travel on District business. b. mileage will be reimbursed at the Internal Revenue Service standard mileage rate in place at the time of travel. Mileage may only be claimed by the owner/operator of a vehicle; passengers may not claim mileage. c. mileage to and from a conference is allowed between residence and the conference location or between assigned campus and the conference location. d. if one opts to drive to a conference instead of going by air, mileage will be reimbursed at the lesser of economy airfare or mileage expense. An airfare estimate shall be obtained in writing no less than 6 weeks prior to travel and shall be submitted with the mileage claim. e. when an employee is required to report to another campus or site for a meeting or other assignment, mileage is paid for travel between campuses or campus and worksite. Allowable mileage between SJC and MVC must not exceed 25 miles one way. f. mileage is not paid for travel between campus or worksite and residence. g. gasoline cost will not be reimbursed. h. in the event of an accident while on approved District business, the individual’s insurance is primary to all district coverage. Reimbursement for individual insurance deductible is limited to $500. If no coverage is in force, the district will pay for the estimated damages, not to exceed $500. 6. Upon completion of the review of the claim, Accounts Payable will arrange to issue a warrant to the claimant; all reimbursement warrants will be mailed to the claimant(s). Accounts Payable will return any incomplete or unsupported claim to the requestor.

- 242 - 7. Reimbursement claims must be submitted within three months of incurring the expense. Claims submitted more than three months after the expense will be reviewed after all other claims have been processed. At year-end, all claims for expenses incurred through June 30th must be received in Business Services by July 15th in order to be charged to the prior fiscal year. Claims submitted after July 15th will be charged to the new fiscal year.

AP 6316 Warrants

Reference: Education Code Section 85230 et seq.

Definition These regulations outline the District rules and procedures for the proper authorization of payroll and commercial warrant orders to be paid from the funds of the district, including the accounting for and reporting of warrants issued, signature controls, and security of warrant stock.

Responsibilities County-maintained Accounts: 1. All payroll and commercial warrants issued by the Riverside County Treasurer’s office from the funds of the District shall require an order signed by an authorized officer or employee of the district. Personnel authorized to sign warrant orders and orders for salary payment are certified and authorized annually by the Board of Trustees. An original Certification of Signatures document is filed with the Treasurer’s office. 2. All warrants issued shall be reported to and ratified by the Board of Trustees. 3. All warrants are considered void and non-negotiable 185 days following the date of issuance.

District-maintained Accounts: 1. All commercial warrants issued directly by the District shall be drawn on bank accounts authorized by the Board of Trustees. 2. All warrant stock shall be maintained and safeguarded under lock and key by appointed Business office personnel. Access shall be limited with appropriate internal controls in place. 3. All warrants shall be recorded systematically on the date of issuance. 4. All issued warrants require dual signatures, unless specifically exempted by the Dean of Business Services. Current exemptions have been made by the Dean of Business Services for student fees refund checks drawn on the Student Fees account, and student financial aid checks drawn on the Financial Aid Awards account. 5. A signature facsimile is acceptable for one of the signatory requirements. The facsimile signature plate shall be maintained and safeguarded under lock and

- 244 - key by an appointed Business Office staff member, separate from any check stock. Access shall be limited with appropriate internal controls in place. 6. All warrants are considered void and non-negotiable six months following the date shown on the face of the warrant. 7. All warrants issued shall be reported to and ratified by the Board of Trustees.

AP 6317 Lost and Destroyed Warrants

Definition These regulations outline the District rules and procedures for the proper handling of lost and destroyed warrants, and the responsibilities of District employees involved in the handling of lost and destroyed warrants.

Responsibilities 1. If any warrant issued by the District is lost or destroyed before it is paid by the issuing bank, the legal owner or custodian of the warrant may recover the amount due by submitting a Declaration for Replacement of Lost or Destroyed Warrant with the District office responsible for initiating the warrant. 2. A Declaration for a warrant that is lost in the mail can be submitted only after the warrant was mailed at least thirteen U.S. Postal service days prior to the request for replacement. All other Declarations may be filed immediately. If any identifiable portion of the warrant remains, that portion must be presented with the Declaration. 3. Replacement warrants will be issued and delivered to the legal owner or custodian in accordance with arrangements made for the original warrant, unless the arrangements are otherwise changed. Replacement warrants will not be issued to anyone other than the original owner or custodian unless specifically approved by the Dean of Business Services or designee. 4. For purposes of this regulation contact points for lost or destroyed warrants are as follows:

Warrant Type Initiating Office Business Office Sector

Auxiliary Vendor Payment Subsidiary Accounting Subsidiary Accounting Auxiliary Reimbursement Accounts Payable Subsidiary Accounting District Vendor Payment Accounts Payable Accounts Payable District Reimbursement Accounts Payable Accounts Payable Financial Aid Award Financial Aid Subsidiary Accounting Payroll Payroll Payroll Student Refund Cashiers Office Subsidiary Accounting

- 246 - Departmental Procedures. 1. Upon notification that a District warrant is believed to have been lost or destroyed the initiating office will request the legal owner or custodian of the warrant to complete and sign a Declaration for Replacement of Lost or Destroyed Warrant. Facsimiles of this document are acceptable when a hardship exists for the legal owner or custodian of the warrant to submit an original Declaration. 2. The completed and signed Declaration will be processed by the appropriate Business Office sector responsible for the type of warrant involved. 3. A replacement warrant will not be issued until the original warrant is confirmed outstanding by the bank on which it was drawn, and a stop-payment on the warrant is in force. In the event the original warrant has been paid, the initiating office will notify the claimant. 4. A replacement warrant will be made payable only to the payee shown on the original warrant, unless the Dean of Business Services or designee expressly authorizes otherwise. Address changes are permitted provided proper documentation is on file and the system originating the warrant has been updated with the address change.

AP 6318 Conference and Travel

Authority. The Superintendent/President is responsible for administering these regulations, and is the authority to amend these regulations.

Definition. These regulations outline the District rules and procedures for attendance in professional conferences. 1. For the purpose of these regulations a professional conference is a national, regional, state, or sectional meeting in which the principal discussion relates to community college instruction, support function, or the advancement of the discipline area in which an employee-attendee normally teaches or works. 2. The following meetings will usually not be included in these regulations: a. meetings where participants receive college credit and salary advancement, except for those employees receiving continuing education credit for maintaining their professional licenses b. meetings that pay a salary or honorarium to participants c. meetings that are promotional, lobbying or legislative in orientation, unless expressly authorized by the Superintendent/President d. meetings of professional organizations whose interests are outside the scope of the employee’s normal work assignment, unless expressly authorized by the Superintendent/President

Responsibilities. 1. A Conference Attendance Request (CAR) form is required for all meetings that are held outside the District boundaries. 2. Conference attendance is permitted for all permanent employees, Board members, Student Trustees and students participating in specially-funded programs. Temporary employees shall not be approved for District-supported conference attendance. 3. Conference attendance is generally limited to three employees per conference. The area Vice President may approve requests for exceptions subject to the final approval of the Superintendent/President. 4. Conference attendance, including attendance where the individual is traveling at his expense, must be approved in advance through the (CAR). An employee who fails to obtain advance approval may be held personally responsible for any expenses that are incurred for the conference. 5. The CAR is processed in accordance with the following types of travel: a. In-state travel must be approved by the Budget Administrator and the Division Vice President. Employees who request AB 1725 Staff Development funding

- 248 - must first obtain funding approval from the Vice President of Human Resources. b. In addition to the approvals in 4.a above, out-of-state travel must be approved by the Superintendent/President and the Board of Trustees. c. In addition to the approvals in 4.b above, out-of-country travel must be approved by the Vice President of Business Services. This final approval will confirm the appropriateness of insurance coverage for the period when an employee is out of the country. 6. The requestor is responsible for making all arrangements for the conference, such as registration, travel, and lodging. The requestor may submit purchase requisitions for any of the expenses that require an advance check payment. The requestor may consider booking airfare through the District-recommended travel agency that accepts the District purchase order and charges an administrative fee or through payment on a District administrator’s credit card. 7. The following items must not be charged to a conference account: a. Costs that may be borne by another agency or organization unless expressly authorized by the Superintendent/President. Grants and other restricted funding sources may impose additional limitations on expenditures that are not covered in these regulations. b. Costs that are not reimbursable in accordance with AP 6315.

Departmental Procedures. 1. Application. The employee must submit a completed CAR to Business Services supported by the appropriate conference flyer. If any payment has to be made in advance of the conference, a purchase requisition should also be submitted with the CAR. The CAR is posted on the P drive\Forms. A CAR must be completed by each individual attending a conference regardless of duration.

2. Business Services must be notified as soon as possible of any cancellation of attendance for which a CAR has been submitted. The employee is responsible for the return or refund of any advance payment pertaining to the said conference.

3. Salary and Expense Payments. a. Employees who are approved to attend a conference will continue to receive regular pay during the conference. Classified employees who traveled outside of their normal work schedule and who request additional compensation for a period of travel must submit their requests to Human Resources. The Vice President of Human Resources will review the requests pursuant to the Fair Labor and Standards Act to determine whether the requests are valid and payable. b. Reimbursement for conference expenses must not exceed the approved amount on the CAR, unless expressly authorized by the employee’s Budget Administrator and Vice President. c. Reimbursement will be processed after conference attendance and within 5 days of Business Services’ receipt of an approved and fully-substantiated claim. d. Reimbursement claims may be submitted for expenses using the guidelines below: (1) allowable, non-tangible expenses outlined in AP 6315. (2) travel tickets must be procured as promptly as possible in order to avail of any discount; any charge for an itinerary change or a trip

- 249 - cancellation is not reimbursable unless expressly authorized by the employee’s Budget Administrator and Vice President. (3) lodging cost will be reimbursed at single occupancy rate only, and must not exceed the conference-negotiated rate, if any. (4) meals and incidental expenses (M&IE) will be paid at the prevailing per diem rates for official travel as determined by the State of California Travel Expense Reimbursement Program.. Business Services will post the current SCTERP per diem rates for Meals and Incidentals as changes occur. The payment for M&IE will be made based on the following parameters: (a) meals may only be charged to the conference account while at the conference or at a stopover en route to or from the conference (b) “incidental expenses” include gratuities and snacks (c) receipts are not required by Business Services (d) meals that are included in conference registration fees will be deducted from the per diem rate as applicable, irrespective of whether the employee availed of the conference meals or not (e) meals for a full day of travel will be paid at the full per diem rate; a full day is defined as being away from the employee’s residence from at least 6:00 AM to 7:00 PM.; employees may only charge for breakfast if they leave their residence to attend the conference at or before 6:00 a.m. and may only charge for dinner if they arrive at their residence from a conference at or after 7:00 PM. (f) the reimbursement request form will log the time of departure and return information required in (e); meals for less than a full day of travel will be paid based on the following timeframes: (a) breakfast – travel begins at or before 6:00 AM (b) lunch – travel ends at or after 2:00 PM (c) dinner – travel ends at or after 7:00 PM (5) services such as transportation will be reimbursed at cost plus up to gratuity following AP 6315. (6) telephone and electronic communication expenses will be reimbursed only for conducting District business, and must be clearly identified and approved on the reimbursement request form.

4. Travel Expense Reimbursement Procedure a. Within 10 days after completion of a trip, the employee must submit a completed Reimbursement Request to Business Services. b. Requests must include itemized receipts for all expenses except for business meals and incidental expenses confirmed by a conference or meeting flyer that will be reimbursed at per diem rates. See AP 6315. c. Refunds and reimbursement from sponsoring agencies are to be made payable to Mt. San Jacinto Community College District and are to be receipted by the Business Services Office only.

5. Cash Advance a. Cash advance for travel, and for not less than $100, is available only for ASB clubs. The cash advance request must be approved by the ASB Coordinator and the Vice President of Student Services. b. A cash advance is the personal liability of the requestor, and remains his liability until he submits original receipts for expenses against the advance.

- 250 - c. Advances will not be approved for expenses that could be paid prior to travel. d. All advances must be cleared within 10 business days after completion of the trip. The individual must submit to Business Services the original receipts for expenses against the advance, and return any unspent portion of the advance. e. Any individual who has not cleared an advance will not receive any further advance.

AP 6319 District Credit Cards

Authority. The Vice President of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition. These regulations outline the District rules and procedures for the issuance of District credit cards, and the responsibilities of District employees involved in the maintenance of District credit card accounting.

Responsibilities. 1. District credit cards will be issued only to administrators after acknowledging receipt of these regulations by signing the last page of these regulations. All requests for credit cards must be submitted in writing to the Vice President of Business Services by the requesting division’s Vice President. In exceptional cases and with appropriate justification, an area Vice President may request in writing for the issuance of a credit card to a manager or supervisor. 2. The credit card is to be used by the cardholder only. The cardholder must not authorize another person to use the credit card and/or credit card number. The cardholder has a fiduciary responsibility to provide safekeeping for the card at all times. 3. District credit cards are issued primarily for travel on approved District business. Acceptable travel expenses are outlined in AP 6318. In exceptional cases, an area Vice President or Dean may allow the credit card to be used for an emergency purchase. “Emergency” is defined as the need for goods or services necessary for the continuance of critical daily operating functions or when an emergency condition exists involving public, staff or student health, welfare or safety. Failure to allow adequate lead-time does not constitute an emergency. In such instances, the need for the emergency purchase shall be explained on the repayment envelope and approved by the area Vice President. 4. The following items must not be charged to District credit cards: a. personal purchases b. purchases that circumvent the normal purchasing and disbursement procedures outlined in AP 6330. c. purchase of inventory items (a single item in excess of $500) d. purchases that are not reimbursable in accordance with AP 6315.

Departmental Procedures. 1. Credit Card Statements. Accounts Payable will send each cardholder the following:

- 252 - a. on or about the 24th of the month, electronic copy of card statement in order for the cardholder to begin preparation of the repayment envelope b. on or about the 3rd of the following month, hardcopy of card statement with a reminder to return the completed repayment envelope by the 10th of the month; the reminder will also include any special instructions for submitting receipts and other documentation in support of the charges and credits on the statement 2. Accounting for credit card transactions. All charges and credits must be supported by the following: a. original itemized receipt that includes the merchant name, date of amount of transaction, and description of transaction (with exception of per diem meals). b. meal charges must indicate date, event attended, and specific meal, i.e., breakfast, lunch or dinner. A flyer must be included. If over applicable per diem rate, a refund check for the difference must accompany the repayment envelope. See CAR form, per diem estimate tab to calculate allowable claim. This may be printed and included in repay envelope to support whether or not a refund was necessary. c. justification and proper approval of any “emergency” purchase of tangible goods as described in C.3 above d. appropriate account code of each expenditure e. all documents must be placed in the Credit Card Repayment envelope that must be received in Business Services by the 10th of each month or the next business day. Accounts Payable will return any incomplete envelope to the cardholder for correction and re-submission.

AP 6320 Investments

Reference: Government Code Section 53600 et seq.

Authority Under authority granted by the District Board of Trustees, the Vice President of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition 1. These regulations outline the District rules and procedures for the management and investment of all funds that are determined to be in excess of operational and reserves requirements. 2. The fundamental investment objectives of the District are to safeguard at all times the principal of funds, to maintain sufficient liquidity to meet operational distribution requirements, and to generate an investment yield that attains or exceeds a market-average rate of return for permitted transactions. 3. The Vice President of Business Services is authorized to make investment decisions on behalf of the District. The Vice President of Business Services or authorized designee may establish accounts with qualified financial institutions, brokers, and dealers for the purpose of effecting investment transactions in accordance with these regulations.

Responsibilities. 1. The Vice President of Business Services has fiduciary responsibility and is subject to prudent investor standards for all District investment decisions. As such, the Vice President shall act with care, skill, prudence, and diligence in discharging the duties under these regulations. 2. For purposes of these regulations, and in accordance with California Government Code, Section 53601, the Vice President of Business Services is authorized to deposit excess fund into the following types of investments: o United States Treasury notes, bonds, bills or certificates of indebtedness o California registered state warrants, treasury notes, or bonds o California local agency bonds, notes, warrants, or other evidences of indebtedness o Banker acceptances o Commercial paper

- 254 - o Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. o Medium term notes o Shares of beneficial interest issued by diversified management companies 3. For purposes of these regulations, and in accordance with California Government Code, Section 53601.6 the Vice President of Business Services will not invest any funds in inverse floaters, range notes, or mortgage-derived, interest only strips. In addition, no investment will be made in any security that could result in zero interest accrual if held to maturity. 4. The Vice President of Business Services shall annually render to the District Board of Trustees a statement of investment policy. 5. The Vice President of Business Services shall present a quarterly report of District investments within thirty days following the end of each fiscal quarter. The report shall state compliance of the investment portfolio to the statement of investment policy, or the manner in which the portfolio is not in compliance. It shall also state the District’s ability to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available.

AP 6322 Employee Indemnity Bonds

Each employee of the District whose duty it is to handle district funds, shall be bonded under a suitable bond indemnifying the District against loss.

At the discretion of the Vice President of Business Services, employees of the District whose duty it is to handle district property may be required to be bonded to indemnify the District against loss.

AP 6325 Payroll

Payroll Periods and Frequency Authority The Riverside County Office of Education (RCOE) is responsible for establishing the number of payrolls per month and the pay issue dates for each fiscal year.

Definition These regulations outline the pay schedule and frequency for all classes of employees that work for the District.

Responsibilities  Working with the parameters set by RCOE, Payroll will create a timeline of timesheet due dates and a schedule of pay issue dates for each fiscal year.  Payroll posts the timeline and the schedule to the P drive:/Forms/Payroll Pay Schedule.

Departmental Procedures  Payroll posts the timesheets timeline and pay schedules for all classes of employees on the P drive under Forms/Payroll Pay Schedule.  All employees are paid once a month with the following exceptions: o Ten-month employees do not get paid in July and August, while 11-month employees do not get paid in July. However, Human Resources (HR) made a formal agreement with these employees to allow them to work and be paid over 12 months. In accordance with this agreement, the department must submit a calendar at the beginning of each fiscal year to HR that identifies the required non-working days for the year for each employee. o Fulltime (FT) faculty on a 10-month contract may opt to be paid over 12 months provided they complete their first year of service, and have been asked to return for further assignment. Payroll will contact HR for the likeliness of their return and then send notification to those employees currently on the 10-month pay.  Students, temporary employees, and professional experts with no other assignment are paid on the “A” payroll that is issued approximately on the 20th of each month.

- 257 -  Fulltime faculty, permanent classified employees, and associate faculty are paid on the “M” payroll that is issued on the last business day of each month.  All FT faculty and permanent classified employees are requested to sign up for the direct deposit of their net pay to a financial institution. The authorization form for direct deposit should be completed prior to the employee’s first payroll of the fiscal year. The form is posted on the P drive under Forms.  Payroll warrants must be mailed to the address given to Payroll and HR by the employee. Payroll is prohibited from releasing the salary warrant of an employee prior to the issue date established by law through RCOE.  The Board-authorized employee in Business Services approves each payroll document. The authorized employee’s signature is a valid approval of the document only if the signature matches that on the signature card filed with RCOE.

Payroll Adjustments Authority The Dean of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition These regulations outline the timelines set by Payroll for all data entry that may affect a specific payroll. An adjustment is described as any change made in the Galaxy system that affects an employee’s pay. This adjustment is further defined as any change to the “Modify Employee Position” panel in Galaxy.

Responsibilities In order to minimize errors made for a specific payroll, Payroll will create and distribute to the required departments a timeline of data-entry cut-off dates and a date when data entry may resume. The timelines will be updated at the beginning of each fiscal year.

Departmental Procedures  The Payroll Supervisor prepares a schedule for all entries that affect payroll.  The schedule is updated at the beginning of each fiscal year and is distributed to Human Resources and to the Payroll staff.  The schedule shows timesheet due dates, deadlines for employee information updates, and deadlines for data entry during and after each payroll cycle.  All permanent classified employees turn in a timesheet to Human Resources on the 15th of each month. Human Resources submits any exception reporting to Payroll by the 18th of the month. Exception reporting may include any of the following: excess straight time, overtime, leave without pay or any changes to the “Required Days off Calendar”.  If timesheets are not submitted to Human Resources by the 15th of the month any exceptions may not be processed or paid until the next scheduled payroll for that employee.

Garnishments Authority The Riverside County Office of Education (RCOE) is responsible for authenticating and establishing the deduction of Garnishments from an employee’s wage.

- 258 - Definition These regulations outline the District rules and procedures for processing garnishments orders.

Responsibilities Upon receipt of a Garnishment order for a specific employee, Payroll forwards the order to RCOE, Department of Fiscal Services (DFS), Payroll, for processing. The employee is generally notified by the agency that originated the garnishment. Occasionally, Payroll receives a copy that is to be sent to the employee; in that instance, Payroll mails the copy to the employee address shown in Galaxy.

An employee with a Garnishment order is advised to contact RCOE directly to discuss the order.

Departmental Procedures. Upon receipt of a Garnishment order for a specific employee, Payroll forwards the order to RCOE, DFS-Payroll. DFS-Payroll will enter the garnishment on the County authorized panel in Galaxy. RCOE is also responsible for processing any stop orders.

AP 6326 Printing

It is the policy of the Mt. San Jacinto College Printing Department to provide all District users with the highest level of printing and bindery support services feasible within its constraints of personnel, finances, and material.

Scope of Service: The Print Shop furnishes to faculty and administration a wide variety of printing and bindery services. Examples of printed materials include reports, brochures, invitations, memo pads, flyers, testing materials, instructional printed material, Board of Trustee agenda/materials, athletic programs, business cards, posters, applications, tickets, registration materials, and more.

Hours of Operations:  The San Jacinto Campus Print Shop hours are 6:30 AM-3:30 PM Monday – Friday  Closed weekends and holidays  The Menifee Valley Campus Copy Shop hours are 7:00 AM-11:30 & 12:PM – 3:30 PM Monday – Friday  Closed weekends and holidays.

Location:  The SJC Print Shop is located in the 800 Building (between the PE locker room and Facilities Office)  The MVC Copy Shop is located in the 1800 building, adjoining the mailroom.

Guidelines for Requesting Printing:  WE ONLY COPY MATERIALS USED FOR MSJC. Please type “Mt. San Jacinto College” somewhere on the first page  All requests shall be made on the Request for Printing Form – Faxed copies not accepted  Fill in the request completely with a ballpoint pen so we will know how you want your job completed. Be sure to mark the “deliver to” section, so we will know where to ship the completed work. (Collate means to put in proper sequence.)  If you have a budget for printing, fill in the Budget Code and have it approved (signature required) before submitting for printing. All print requests not containing this required information will be returned to sender. We do not except

- 260 - verbal approval. Budget code requirement does not apply to materials used in the classroom.  After completely filling out the order, remove the goldenrod copy only for your records.  When inquiring about the status of your order, we will need your name and description of item ordered as stated on the “Printing Request”.  The warehouse makes deliveries daily to each campus; deliveries leave the Print Shop by 9:00am.  If you need same day service, you must deliver it to the Print Shop and pick it up.

Guidelines for Quick Print Jobs:  We do not print copyrighted materials, if you send copyrighted materials without written permission from the author attached, they will be returned. We do not accept verbal approval.  Copy for quick print jobs should be in camera ready form. Remember the quality of the originals you send us will control the quality of the job you receive from us.  Do not use dark colored paper for your originals or light type, they do not copy well. Use red or black ink only.  Highlighting words or sentences blocks out the material you are highlighting. Underlining is better.  Do not use lightweight paper such as onionskin or tracing paper. They can be copied, however, the Print Shop will not be responsible for any damages to the originals.  Staples will bind all multiple page copies unless otherwise requested.  Submit quick print jobs (3) three days in advance of your deadline. Large books or long runs require more time, check with the Print Shop staff if in doubt.  Make your due date the day before you need it.  When ordering, if you will use the material for more than one class, order enough for both at the same time.  Please do not order your entire semesters needs at the beginning of the semester, spread out your requests over the semester.  All copying will be double sided to save paper and costs unless justified otherwise (except tests and quizzes). Write reasons under special instructions.  Customers who plan ahead will be given priority over those who don’t. We can no longer stop a job in progress to handle walk-in customers who expect immediate service.  Walk-in service will only be provided when time permits. Please plan ahead.  All large coping jobs will be sent to the SJC Print Shop so please allow extra time; at the Menifee Valley Campus place all orders in the print shop mail box only, we will determine where they will be copied.

E- Mail Guidelines for Faculty Use Only:  All E-Mail requests are sent to the San Jacinto Campus Print Shop.  The Print Shop is now accepting print requests online.  The On-Line Print Request Form is available on the intranet at http://inside.msjc.edu/departments/supportservices/printshop. Web version available at www.msjc.edu My MSJC. If you do not have access to the intranet send an e-mail to [email protected] and request a copy of the form and he will send it to you as an attachment. You may use either method.

- 261 -  When setting up your document use loose margins and insert page breaks where necessary  DO NOT USE ENTER several times to move to another page.  We do not have time to reformat your documents. Things move around in Word between computers  Make sure you do not have blank pages at the end. I do not know if you want them there or not.  See more on-line form instructions on last page of this document.

Guidelines for Printing:  The Print Shop no longer uses a camera, we are direct computer to film, if you create your own forms they will need to be submitted on a CD, E-Mail as an attachment or put on the P: drive so we may access them.  Check with the Print Shop staff before starting for guidelines on format.  Jobs requiring typesetting, artwork, multi-colors or special papers will require 15 working days turn-around.  Check with Print Shop staff on availability of materials needed such as paper, ink, etc., required to complete your job well in advance of your deadline.  Try to avoid multi-colors whenever possible to save cost and time. Check with Print Shop staff for other alternatives.  New Brochure Designs – Submit to Public Information Office for format check.  Distribution of Printing – If you are ordering for all campuses we will gladly distribute to one location at each campus only.  Folding, Inserting, Envelope Addressing and Wafer Sealing of Self-Mailers  For Questions & Procedures look on the P drive, Print Shop, Folder - New Services.doc or call the Print Shop @ Garry Holyoak 951-487-3120

E-mail Print Request (Online Form) Instructions:  Save the form to your computer by right clicking on the form link and selecting “Save Target As…”  This is a “Read Only” form; accept this as “Read Only”. This is to preserve the formatting. If you want to save a copy of this after filling it out save it under a different name.  Please fill out the Printing Request completely. Use tab key or mouse to move throughout the form.  Document Name – Use the exact name that you have used for the Document.  Please put (Mt. San Jacinto College) somewhere on the first page of the document.  When we receive your E-Mail and attachment we will send a reply back that we have received it or if there are any problems. Please check your messages for a response. We will respond to the e-mail address you have sent it from, usually within 2 hours during the hours of 6:30am - 2:00pm M-F. If you do not get a response call Garry Holyoak @ 951-487-3120.  Please remember to fill out: name, department, date required, and where to deliver.  Important: Send file as an attachment — must be PC format — use Microsoft Word, Excel, PowerPoint, Adobe Acrobat PDF, Adobe PageMaker, Adobe Photoshop, or CorelDraw.

- 262 -  If you use other programs they must be saved in a format the Print Shop can open.  Please use standard type fonts, such as Times Roman, Arial, Helvetica.

For MS Outlook E-Mail Users:  Upon completion of the form, do not close the file.  Select “File” from the menu  Select “Send To”  Select “Mail To” (as attachment) VERY IMPORTANT! A mail message will appear with the attached form.  Address the message to Print Shop and send to [email protected]  If you do not use MS Outlook as your mail server; Fill out the form and save it under a different name then open your mail server (msn, earthlink, yahoo, etc.) and then send the form and your documents as attachments, send both attachments on the same e-mail  Please remove footers on your documents. The reason is when I open them on my computer to send to print the footer changes automatically to my name and path.

AP 6330 Purchasing

Reference: Education Code Section 81656; Public Contracts Code Section 20650

Section One: General Information

Dollar Limits and Requirements: Procurement transactions and the rules that govern how they are managed are based upon aggregate dollar amount and type of purchase.

Purchases of $2,500 and less  Purchasing transactions of $2,500 or less are not subject to the competitive process.  The Purchasing Agent will at their discretion award these bids based on what is most advantageous to the District.

Purchases greater than $2,500 to under $10,000  The procurement of goods and services in amounts greater than $2,500 and under $10,000 shall be made with as much competition as is practical and deemed necessary by the Purchasing Agent. This may include verbal or written quotations from two or more vendors. These quotations may be obtained by either the responsible buyer or the requisitioning department and are subject to review and approval by Purchasing.  Supporting documentation and price quotations are maintained as part of the purchasing file.

Purchases from $10,000 to Under Bid Limit  Purchasing transactions from $10,000 to under bid limit shall be made with as much competition as is practical and deemed necessary by the Purchasing Agent. A minimum of three written quotations will normally be obtained. Supporting documentation and price quotations are maintained as part of the purchasing file.

Purchases exceeding established bid limit and greater amounts The Invitation for Bid (IFB):  Purchases of established formal bid limit or greater amounts utilize the Invitation for Bid Process; the State Chancellor sets the bid threshold requirements. This amount is normally adjusted on an annual basis and will automatically be the bid thresh hold amount for the District.

- 264 - The Request for Proposal Process (RFP):  Purchasing transactions exceeding current bid threshold in which it is determined not to be advantageous or practical to use the sealed bidding process, may be purchased through the use of sealed competitive proposals. This is the Request for Proposal (RFP) process.

The Review of Qualifications (ROQ):  For the process of selecting professional services, architects, engineers, etc, the ROQ Review of Qualification process may be utilized

Award:  In all competitive procurement, the award is made by the Purchasing Department to the vendor with the lowest price for the good or service that conforms to specifications and other requirements that is the lowest responsive responsible bidder. This may result in award to other than the lowest bid.

Splitting Purchases:  Purchasing transactions are not to be artificially divided or fragmented in order to meet the lesser requirements of lower dollar transactions.

Confidentiality of Information:  Confidential information provided by vendors shall not be shared with competitors by any individual involved in the process. This includes requisitioners, reviewers and purchasing staff. Confidential information will be held confidential to the extent allowed by the law.

Purchasing Documents:  The Purchase Order (PO) is issued by Purchasing and has the signature of an authorized employee of the Purchasing Department. A Requisition form is the internal document used by the requistioner to authorize a Purchase Order. The necessary information is provided on the form by the requisitioner to enable the Purchasing Department to generate a PO. All requisition forms must be funded before being processed by the Purchasing Department.

Capital Equipment:  The capitalization limit is $500. Any purchase of capital equipment should be processed using the requisition form and process. All capital equipment shall be placed on the departmental equipment inventory list.

Blanket Purchase Orders:  Blanket Purchase Orders are documents issued to a vendor for purchase of certain classes or categories of items.  The Purchase Order may spell out terms, conditions, delivery information and other contract information, including pricing or discounts from published lists for a specific period of time. A "Not to Exceed" amount is listed on the Blanket Purchase Order document as a method of monitoring and control. Additional controls relative to maximum one-time purchases or single item costs may also be included. Blanket purchase order requisitions must have the names of individuals authorized to place orders.

- 265 -  Blanket Orders are used to serve the needs of the requisitioner and to reduce paperwork on items bought repetitively. They may be used for commodity type purchases, such as maintenance supplies, food, utilities or for services such as miscellaneous repairs. If the number of items, such as repair parts is too lengthy to list, a group or class of commodities can be named on the Blanket Order.  The amount of competition needed on a Blanket Order varies according to commodity, service and/or delivery as well as location of the supplier to the requisitioner. A decision as to the level of competition needed shall be made by the buyer in consultation with the Purchasing Agent.

Evaluation and Loan of Equipment:  All equipment brought in for loan or evaluation purposes shall have prior authorization by the requestor, division dean or VP, Purchasing Office and in the case of computer equipment, Information Services. Large or special purpose equipment requiring special hookup or electrical requirements will also require maintenance department coordination before being requested.  This prior approval shall be noted by signatures in the appropriate lines, on a Requisition form clearly marked "FOR EVALUATION PURPOSES ONLY."  In addition, the Requisition shall also state, "All costs associated with the delivery, installation, evaluation and return of the equipment shall be borne by the vendor. All risk for damage and/or loss of the equipment shall also remain with the vendor."  This requisition shall be used to issue a Purchase Order that states the same terms as the requisition. This will be provided to the vendor prior to delivery of the equipment.  Loan or evaluation of equipment should in no manner constitute a preference for that equipment or imply that it will result in an order for the purchase. Purchasing has the responsibility to subject the purchase of all equipment to a competitive process as well as to negotiate all terms and conditions, price, warranty and service with the vendor.

Public Review of Bids:  Formal Sealed Bids and Sealed Proposals are considered public information and as such, are open for review pursuant to the following guidelines:

Process:  Formal sealed bids are opened publicly and the name of the bidder, amount of the bid and other related information deemed relevant by the buyer is announced and recorded. This record (bid analysis) may be made open to public inspection. The actual bid documents and related materials shall not be open to public review until after contract award.  Formal Sealed Proposals are opened publicly with only the names of the proposers announced and recorded. All other information including pricing, shall not be open to the public for review until after contract award.

Proprietary Information:  Certain information relative to the procurement process can be deemed proprietary in nature and not open for public review. This proprietary information must be clearly marked as such by the bidder/proposer and if possible, submitted in a separate sealed envelope. This information will be considered proprietary

- 266 - and not open to public review, unless deemed otherwise by the Purchasing Agent. The final decision as to whether this information is proprietary lies with the Purchasing Agent. Pricing and the bid packet are not considered proprietary information.

Review of Bids or Proposals:  Requests for information or review of the documents shall be made to the Purchasing Agent or their designee. An appointment to review the file shall be made with the Purchasing Agent or buyer at a mutually convenient and reasonable time. The reviewer shall not take possession of any of the documents in the file. All proprietary information shall be removed from the file prior to the review. All reviewers must sign a reviewers log sheet that becomes a part of the original bid file.

Purchases Made with Grant Funding:  Purchases made with grant funding will follow all applicable guidelines as outlined in the granting agency's letter of award. For federal grants this may include, but is not limited to, following the guidelines as detailed in the OMB Circular A-110. State funded grants may require special processing as noted in the grant.  The responsibility for advising the Purchasing Department of any grant-related purchasing restrictions or requirements shall remain with the requesting department and grant awardee.

Prepayment for Goods or Services:  The District provides prepayments only for very limited types of procurements. These include, but are not limited to, prepayment of subscriptions, dues, memberships, deposits for travel-related expenses, and certain maintenance and license fees.  Prepayment for standard goods or services is prohibited. Exceptions are to be made only in those situations in which no other source for the goods or services is available and no other arrangements can be made.  Justification must be provided to the Dean of Business Services or designee who must approve all special prepayments.

COD:  The District will not accept COD goods or shipments. All COD packages will be rejected and returned.

Section Two: The Purchasing Organization

Basis for Purchasing Policies and Procedures: All procurement conducted by the District is governed by the following: A. State Statutes and Administrative Rules, i.e., Education and Public Contract Code B. Rules and Regulations as set forth by the Chancellors Office. C. District Administrative Policies and Procedures. These policy and procedures are based upon the American Bar Association Model Procurement Code, a generally accepted guide, and are written to comply with all applicable statutes and rules as outlined above.

- 267 - Authority The Vice President of Business Services is transferred authority by the President to sign and to delegate signature authority for various purchasing functions necessary for the day-to-day operation of District services.

Delegation shall include but not be limited to the following District employees:

Associate Dean, Support Services and Development District Purchasing Agent Bookstore Supervisor, for the day-to-day operation of the bookstore services only. Cafeteria Supervisor, for the day-to-day operation of the cafeteria services only.

Delegation shall be in writing by name and updated annually. The Associate Dean of Support Services and Development will review bookstore and cafeteria purchase orders.

The District is bound to receive and pay only for those goods or services authorized by valid signatures on recognized District purchasing documents. Dollar limits shall not exceed the bid threshold established by the Chancellors office. Exception being the Bookstore orders for textbooks. All items over $10,000 shall be forwarded to the Board of Trustees for ratification at the next available Board Meeting. The Board of Trustees will formally award items over the current bid limit. Exceptions will be limited to emergence procurements.

Centralized Purchasing: The District subscribes to a process of centralized purchasing. This is designed to monitor, standardize, and maximize the use of purchase contracts and agreements that are available to the District as well as to extend fiscal control over the expenditure of funds.

Purchase Orders (PO): Purchase Orders are generated by the Purchasing Department for purchases of equipment, supplies, and services.

AP 6331 Surplus Property

Surplus property is defined as property no longer needed or beyond repair. This includes office equipment, computer and computer components, office furniture, or large equipment items. Surplus property, when no longer needed or usable, will be turned in to the San Jacinto Campus Warehouse – via the surplus property form 99 regardless of condition. It is not to be disposed of by the person or department in possession.

Surplus property does not include items such as office supplies or other small supply type items. Those items also can be turned into the San Jacinto Campus Warehouse to either be disposed of or held for the next annual swap meet.

Surplus Equipment can be permanently transferred from one department to another, however, the warehouse must be notified via an equipment transfer form which includes a description, the MSJC tag (control) number and the new location. The master campus inventory will be updated with the new location after verification has been made by the warehouse that the transfer has been completed.

A listing will be periodically updated and maintained on the network public drive or the intranet (Inside MSJC). Reissued surplus equipment will be reflected on the master campus inventory with the new location.

District property, surplus or otherwise, may not be used for personal use.

Surplus equipment no longer needed by the district will be sold at public auction, public surplus sale, or disposed of as appropriate.

Computers and components will be offered to other school districts for their use.

AP 6332 Public Works Projects

The following information is intended to summarize in a sequential manner the steps that generally must be taken when developing a typical public works project. For minor projects, many of the steps need not be carried out. Conversely, for a typical major project, every conceivable detail is not described within a given step; therefore, campus personnel involved with the development of a project and contract award are invited to consult with the Facilities or Procurement staffs whenever the need for added detail arises.

Authority: The authority for the Governing Board to undertake, develop, and manage public works projects resides in Sections 20650 et seq. of the California Public Contract Code and 70902 of the California Education Code. Funding for public works projects can be derived from a number of different sources, including Legislative appropriations as authorized within the annual State Budget Acts, in-system resource allotments and allocations, bond issuances or outside contract or grant awards (federal, state, or local governments, auxiliary organizations, private donors, etc.).

General Responsibilities: The working titles used herein may vary from time to time. It is possible that the project responsibilities described under either of these two titles may in fact be distributed among several individuals. Regardless how the responsibilities are distributed, the functions of these two can be described as follows:

1. Project Manager (P.M.): This person is selected by the campus administration or Program Manager to undertake the responsibility for managing most aspects of the design development and construction activities, for either a single given project or for all local public works projects. This role is commonly assigned to a specialist. Individual project responsibility for construction may also be delegated to any other appropriate person having an understanding of statutory, regulatory, and policy requirements as well as the practical considerations related to construction. The Project Manager assists the Purchasing Agent in preparation of (1) schedules and scope for the bid solicitation & advertisements, (2) the division one contract contents, and (3) other notices/materials related to the execution of the contract. The P.M. is responsible for enforcing the provisions of the design and construction contracts including their performance and completion.

- 270 - 2. Purchasing Agent (P.A.): This person is an individual trained to assume the responsibility for developing, bidding, and awarding all campus contracts, including those for public works. This responsibility is commonly assigned to the contract or public works specialist within the Purchasing Office. The Purchasing Agent acts in concert with the Program Manager or Project Manager to develop (1) information and data needed to be incorporated into the bid solicitations & advertisements, (2) the contract contents, and (3) other notices or materials related to the execution, performance, and completion of the contract. The Purchasing Agent also interacts and coordinates contract-related activities with other campus offices such as accounting, budget services, and risk management.

Establishing a Need for the Project: The idea for a project is identified in a Five-Year Capital Outlay submittal, Bond Measure, conceived by a project applicant or a user group, or identified as Scheduled Maintenance. The concept is proposed & developed, prepared in writing & sketches, and evaluated for feasibility. If the concept appears feasible, it is generally transmitted to the Vice President of Business Services for further evaluation.

Feasibility Study and Project Description:  An initial feasibility study is performed through discussions with the applicant or user group. A project description is developed, along with a scope and estimated cost. If the concept remains feasible and affordable, the feasibility study is typically submitted to a campus planning committee for review.

Formal Conceptual Study:  After the campus planning committee’s approval, a detailed conceptual project scope and budget are developed, funding options are contemplated (potential sources being identified), programming and conceptual relationships are considered, adherence to the campus Master Plan is assured, and a set of Preliminary Plans are drawn either by campus staff or a contracted architect. A corrected cost estimate then becomes part of the campus’ projected budget plans. State funded projects must be submitted for further review to the Chancellor’s Office.

Project Approval and Funding:  Approval of State funded projects is coordinated by the Program Manager or campus Facilities/M&O office to secure necessary approvals. Non State funded projects are approved by Facilities/M&O.

Project Budgeting:  The campus projected budget plan for the Project is revised to reflect the approved budget. Campus accounts for the Project are then set up accordingly.

Project Tracking System:  All planned Project budget expenditures are entered into a Capital Projects Tracking System. All figures are reconciled to the amounts established within

- 271 - the Project account(s). The Project Tracking System should be reflective of perceived Project milestones.

Professional Services Solicitation:  Generally an offer for appointment for engineering, architectural, or landscape services under $50,000 may be made directly by the campus. In this event, direct negotiations for the services may be undertaken by the P.O. If however, the services required exceed $50,000, then proposals are solicited via RFP. Under either scenario, a project requisition containing as much information as available is submitted to the Purchasing Officer (P.O.) for each category of professional service needed. Such services may include surveying, soil testing, architectural design & activities, engineering design & activities, landscaping design, general studies, construction management, project inspection, etc. An electronic requisition and contract request form should contain a description of the service needed, a project number or other identification for reference and filing purposes, and estimate of the cost, budgeting information that includes the account(s) to be charged, and beginning & ending dates for the service. Other information placed on the requisition can be helpful too, such as advertising advice, pre- qualification requirements (if any), pre-bid conferences, and job walks. A project requisition should present a clear preview of the terms & conditions in the contract—the five Ws: what, why, who, where, and when.

 If an RFP needs to be developed, the contract request and requisition serve as the source of basic information. The P.O. coordinates the development of the RFP. The RFP shall include at minimum a project description, a construction cost estimate, and the scope of services required, along with a copy of the agreement form to be used. The P.M. also assists the P.O. in developing the text for an advertisement whenever the selection field of potential service providers needs to be expanded. Once the text is developed, the P.O. places the advertisement in the appropriate media. After the RFP is completed, copies of it are distributed by the P.O. both to advertisement respondents and to any other professional service providers directly solicited.

Selection of a Professional Services Provider:  Proposals from potential professional service providers are received by the P.O. and submitted to P.M. for evaluation. A short-listing of potential providers is created for interview. After interviews are conducted, the candidates are ranked in order of preference and negotiations are pursued to arrive at a mutually acceptable contract. Fees should be established from the campus standard schedule, if possible. If negotiations are unsuccessful with the highest ranked candidate, new negotiations may be initiated with the next highest ranked candidate, and so on, in order of ranking. When negotiations are successfully concluded, a formal offer to award the Agreement is made. The provider then responds with a formal acceptance.

Award of a Professional Services Agreement:  P.M. requests the P.O. to prepare a formal Agreement to the selected professional service provider, using information collected from the selection process, the project requisition, completed forms required, and any other

- 272 - agreed-upon matters. Four counterparts of the Agreement are prepared and signed by both parties. Governing Board approval or ratification is required for all contracts. Upon approval, the four counterparts are distributed to all appropriate parties, including the service provider.

Extra Services or Design Change Authorizations:  The scope of a desired change (as authorized within the Agreement) is identified and reviewed with the professional service provider. If agreed, generally P.M. requests that an Extra Services Amendment be prepared. The P.O. prepares the contract amendment, secures the authorized signatures, and forwards a copy of the signed amendment to all appropriate parties including the service provider.

Emergency Contracts:  When the campus determines that an emergency exists due to an act of God, earthquake, flood, storm, fire, landslide, public disturbance, vandalism, or other unexpected cause which results in damage to a building, real property, or any improvements thereon, an emergency WRITTEN contract may be awarded to perform remedial work without the taking of formal bids. More than one informal price quote may be solicited when practical, however, to help assure that reasonable charges are assessed for the work. Emergency work is defined in law to mean a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or interruption of classes. A unanimously approved Governing Board resolution with consent from the County Superintendent is required.

Multi-Prime Projects:  For multiple prime projects, the campus should conclude all project programming and conceptual planning activities prior to issuing an RFP to interested contractors. ALL multi-prime contracts must be advertised and bid no matter what the dollar amount.

Job Order Contracts (JOC):  JOC awards, when utilized, must be issued to the lowest responsible bidder, and shall be based primarily on plans and specifications for “typical work,” as described in the bid solicitation document. As a rule of thumb, these contracts should not to be used for capital projects for which total project costs exceed the dollar limitation for bidding services per PCC 20651. “Unit price” refers to the amount paid for a single unit of work. “Typical work” means a work description applicable universally or applicable to a large number of individual projects at a single campus. “Repetitive work” is interpreted to mean jobs that require periodic attention and are assigned routinely by the campus.

Schematic Design Phase and Job Start Meeting:  Following the Project approval, receipt of funding, and approval of the A/E Agreement, a “job start” meeting is scheduled with the Project Architect/Engineer and other team members. Important issues such as programming, design, site development, staging, campus impact and other related Project matters are discussed.

- 273 -  Documents and reports required by law or policy are initiated and pursued by the Project Architect, the Project Manager, and the Program Manager. These include schematic drawings and blueprints; the development of detailed specifications and special conditions; plan checks, site surveys, soil tests, hazard materials reports, fire marshal approvals, and other useful analyses and studies related to the Project. The Preliminary Design Phase is also initiated at the job start meeting.

Preliminary Design Phase:  After campus approval of the Schematic Design, the A/E is directed to commence work on the Preliminary Design. This Phase includes the development of formal plans & blueprints, outline specifications & measurements, cost estimates, form processing procedures, refined Project milestones, value-engineering breakpoints, additive or deductive alternates, filing of CBC, ADA, CEQA, and EIR compliance documents, the fixing of dates for the Pre-bid Conference or Job Walk (for construction), the Bid Opening, potential issues with public utility companies, and state, county and city code and ordinance requirements.

Construction Documents Phase:  Following campus approval of the Preliminary Design documents, development of the Construction Documents is initiated. These address all elements of the Project design, function, and construction. These Documents are used for securing bids and constructing the Project.

 During this Phase the Project Architect and the Project Manager (P.M.) jointly determine the sequence of work to be performed, time schedules, requirements, etc., for the construction activities. Any remaining issues with campus consultants, utility companies, regulatory offices & agencies, or other public or private entities are also resolved at this stage of Project activity. A preference for materials, brand or trade names, and detailed specifications also is determined. A provision for substitutes or “equal” products, if any, is made.

 At the beginning of this Phase, “milestone” progress junctures for the architectural design work are established for the purpose of providing the campus with opportunities to review the Architect’s ongoing work.

Outside Review of Construction Documents, Drawings, and Specifications:  Input from state and local regulatory agencies (DSA, Fire Marshall, etc.) or other entities having authority for, or interest in, the Project, may call for revisions. If so, these revisions are incorporated into the Drawings and Specifications.

Pre-bid (internal) Meeting:  This step typically begins after the DSA back check has been conducted on the Project Architect’s work and may require a series of meetings rather than just one. Prior to printing and advertising the Bid Package, any final determinations and revisions must be made at this meeting and be incorporated into the Bid Proposal Package. These may include such things

- 274 - as the bid schedule, proposed length of the contract term, a liquidated damages daily rate, special worksite or scheduling conditions imposed by the campus, prevailing wage rates, key action dates for bidders (pre-bid conference, job walk, a question & answer deadline, bid opening date, etc.).

Additive or Deductive Alternates and Approval To Bid:  To prepare for the possibility that construction bids will come in lower (use additive alternates) or higher (use deductive alternates) than anticipated or budgeted, such alternates may be developed and included in the Bid Documents as mandatory bid supplements. If the Project is State funded, bid alternates must not be for changes in scope and must be pre-approved by Chancellor’s Office. Once approved, the alternates are incorporated into the Bid Proposal Package. A “Request for Approval to Proceed to Bid” letter is sent by the PM to the Chancellor’s Office. This letter certifies that all required plan checks are completed, that the campus has reviewed the documents, and that they are in compliance with the approved Project program scope and budget. Any deviations must be clearly identified and explained. If the “Request for Approval to Proceed to Bid” letter is approved by Chancellor’s Office, the campus is officially notified. At the conclusion of this Phase, a full Bid Package (including the Construction Phase Documents) should be assembled and prepared by the P.O. for further revisions needed prior to having it printed. The Bid Documents in the Package include, but are not necessarily limited to, the following: Bid Cover and Title Page, Notice To Contractors, Bid Proposal Form, Contract General Conditions, Supplementary General Conditions, Special Conditions, Detailed Plans & Specifications, Bidders’ Bond (exhibit), Certificate of Appropriate License, List of Proposed Subcontractors, Expanded Subcontractor List, form of signature authority, Non-collusion Affidavit, and DVBE Requirements, if any.

Final Bid Package Review:  Prior to printing and distribution of the Bid Package and advertising the Project in newspapers and other media as required, a final inspection of all contents of the Bid Package is conducted jointly by the P.O., PM and the Program Manager to free the contents from all errors, misprints, and omissions.

Developing, Printing, Advertising, and Release of the Bid Proposal Package:  Once a final review has been performed of all contents in the Bid Package, the Project Manager prepares a list of suggested contractors. Bond funded projects, or other projects not funded by the Chancellor’s Office, require campus approvals only. For all State projects, the P.M. prepares a Request to Bid package for the Chancellor’s Office approval. Once approved, an advertisement for the solicitation of bids is placed by the P.O. who transmits the ad for placement into appropriate newspapers and other media, as required. Interested contractors who respond are listed for purposes of receiving a Bid Proposal Package.

 A refundable or non-refundable deposit for each Bid Proposal Package issued may be required to help offset printing costs.

- 275 - Pre-bid Conference or Job Walk:  If specified in the Notice to Contractors document in the Bid Package, a Pre- bid Conference or Job Walk (job site inspection) can be designated for either mandatory or optional attendance, as the P.O. elects. This event must be scheduled to take place after the last advertisement and the Bid Package has been disseminated. If for unexpected reasons the event must be rescheduled, a documented notification must be issued to all bidders who have expressed interest whether or not the event has been designated as a mandatory one. An attendance log must be utilized by the campus representative, at the event. Also, bidder questions posed during the event, if responded to, must be answered so that every attendee can hear the answer. Such questions and answers, if more than just clarification, must also be transmitted in writing to everyone on the potential bidders list (or job walk attendees if mandatory) after the event, in the form of an addendum to the Bid Proposal Package. If questions are submitted in writing after the event, the answers must also be provided to all attendees or potential bidders in an addendum. Bidders must be reminded at the event of the date of the bid opening and if they must be pre-qualified to bid, if that has been established as a requirement in the Bid Documents. Both the P.M. and the P.O. (or their designated representatives) SHALL attend the Pre-bid Conference or Job Walk.

Issuing Addenda to the Bid Proposal Package:  When bidder inquiries or campus discoveries of errors or oversights lead to the necessity of issuing addenda to holders of the Bid Packages, each addendum shall be assigned a sequential number by the P.O. Each addendum becomes an integral part of the Bid Documents, and receipt of each is required to be acknowledged by any contractor who ultimately submits a bid.

Pre-qualifying the Bidders:  A financial pre-qualification of bidders may be required for major projects. The financial pre-qualifying process must be undertaken and successfully completed before bid proposal forms are issued to the prospective bidders and the bids opened. Some bidders may already have gone through this process during a prior bid invitation for a project and currently listed as approved. For those who have not, the pre-qualifying forms and documents are requested from P.O., completed, and submitted back for further examination. The P.O. coordinates this effort during the pre-bid period and, once approved, the bidder is notified and a bid may be tendered to the campus. The campus may additionally elect to pre-qualify bidders on the basis of their skills and experience.

Bid Opening:  The Notice to Contractors must state when and where sealed bids are to be opened. All bid proposals must be received by the P.O. (or a P.O. representative) prior to the scheduled time. All bids are to be kept sealed in a secure location until the bid opening time. A single representative from Purchasing is designated to conduct the meeting and open the bids at the scheduled time and place. This person is responsible for the initial review of each bid proposal to determine if it appears to be responsive. A second

- 276 - person is designated to record the bid information as the bids are opened. A monitor may be made responsible to keep track of all the bid materials before and after the Bid Opening. Bids are opened one at a time, announcing: (a) bidder’s name and (b) the amount of bid including any additive or deductive alternates, or unit prices. A summary or “Abstract of Bids” is prepared either during or after the Bid Opening. The apparent low bidder’s name is announced at the conclusion of the Bid Opening. It is optional to announce the apparent next-lowest bidder’s name, as well. The bid abstract is posted on the Purchasing web page within 24 hours.

 If alternate bids were called for in the Bid Package, the Purchasing Agent must review the award criteria. If a “blind” award is specified, the person making the determination (usually the Program Manager) must not be present at the bid opening.

 Bidder’s or the public may request to see copies of the bids. If so, Purchasing shall make copies available for inspection 24 hours after the bid opening.

Determination of the Lowest Responsible Bidder:  The Purchasing Agent evaluates the bid documentation tendered by each bidder to ensure it is generally responsive to the contract bid requirements. Irregularities in the bids may be waived at the option of the Purchasing Agent. Only those bids that are determined to have met all the bid requirements become eligible for further consideration in receiving the contract award. The apparent low bidder is determined by the P.A. to be either “responsible” or “not responsible,” under legal definition. If “not responsible,” the bidder is notified and given an opportunity for a “due process” hearing. The same determination is made on the second-lowest bidder, etc.

 The Bid Bond or bid security of the lowest responsible bidder is examined by the P.A. to ensure that it has been issued by an agent officially registered with the State of California.

Disabled Veteran Business Enterprise (DVBE) Requirements:  The P.O. collects and examines the DVBE certification documents from the two apparent lowest bidders. The materials and data submitted must have been gathered, and the requirements met, prior to the bid opening. If all DVBE documents are in order, the lowest responsible bidder becomes the recommended contractor.

Proposed Substitution of Materials or Specified Brand/Trade Name Products:  If the proposed contractor wishes to use materials or products other than those specified in the Bid Documents, a request must be proposed in writing to the P.M. The bid documents will specify if this is done prior to the bid opening or immediately thereafter. Prior to contract award the P.M. must then consult with the Project Architect and team members (outside experts may also be used) to confirm that the proposed substitute is “equal” to the item specified. If the P.M. is advised that the substitute is not equal and therefore unacceptable, the proposed contractor must either withdraw the

- 277 - request and supply the specified product or be disqualified from further consideration. Any expense incurred to determine if proposed substitution is “equal” shall be the contractor’s responsibility. Once the proposed substitution is accepted, the proposed contractor is notified, the P.O. is advised of any changes needed to the proposed contract, and the award procedure continues.

Announcement of Notice of Intent to Award:  If other than the apparent low bidder is being considered for award, an announcement, with the name of the intended awardee bidder appearing on it, is prepared by the P.O. for release. It should be posted on the Purchasing web page. A reasonable period of time should then be allowed to permit receipt of any bid award protests.

Bid Award Protests:  The P.O. is normally the person designated to resolve bid award protests. A number of options exist for resolving these protests, depending upon their significance and complexity. Sometimes the P.O. may elect to resolve a bid award protest personally, or by delegating the responsibility to a single individual. Often, the protest may be resolved simply by providing a clarification within the Bid Documents. However, once it becomes evident that a matter cannot be resolved informally by this means, it must be taken to the next step. At this point, the P.O. (or designated representative) formally acknowledges the issue by serving written notification to the protester that a full and complete formal statement detailing the nature of the problem must be received by the District within five (5) working days after the notification is issued. Failure to file the formal statement shall be interpreted to mean that the matter has been withdrawn.

 Once the formal statement is received, the matter may be addressed in several different ways, including:

1. Personal resolution by the P.O. or a designated representative; 2. Escalation to a higher level in the campus administration; 3. Assistance from the Chancellor’s Office; 4. Review and resolution by an appointed protest review panel or district counsel.

 If a protest review panel is appointed, its members should not be directly involved with the award of the contract.

 The written formal statement shall be examined and the actions of both the District and the lowest responsible bidder taken into account to determine whether each acted in a manner consistent with the requirements stated in the Bid Documents. After all factors have been analyzed, a decision shall be issued in a timely fashion. The protest must either be upheld or denied. That decision shall be in writing and shall be mailed or otherwise furnished to the protester in such a manner as to ensure its receipt. If the protest is denied, the award to the lowest responsible bidder shall proceed. If the protest is upheld, the Intent to Award announcement must be nullified and all bidders notified. A new Intent to Award

- 278 - announcement may be prepared in favor of the next lowest responsible bidder, or (optionally) all bids may be rejected. The decision of the District is final.

Award of Contract:  After protests (if any) have been resolved, and approval to award a contract has been received from Chancellor’s Office or Vice President of Administration, the lowest responsible bidder is advised that a contract is now officially forthcoming. A consent item board agenda is prepared by the P.O. to submit to the governing board for approval.

Bid Document Files:  The P.M. and the P.O. may develop complete files of Bid Documents on the Project for internal use. The file in Purchasing shall be considered the “official” bid file. A duplicate file should be prepared and retained in Facilities or Program Management.

Completion of Required Supporting (ancillary) Contract Forms:  The bidder receiving the contract award must submit several signed and sealed documents that are required by law prior to entering into a contract. These include such documents as: evidence of the appropriate contractor’s license, notarized payment & performance bonds with related Powers of Attorney, Insurance Coverage Certification, DVBE certification responses (when required), Vendor Data Record ,and a Drug-Free Workplace Certification.

Contract Development & Assembly:  A contract number is assigned and the Contract is developed and assembled by the P.O. Its components typically include the Agreement which incorporates the Bid Package (and therefore does not need to be included with the Contract) when it is circulated for full execution.

 The Bonds, Insurance Certification, and other supporting or “ancillary” documents to the Contract do not need to be integrated as components of the Contract itself. The Agreement Form must include (in addition to a description of the work to be performed and a listing of the Contract’s contents) provisions related to the remuneration for the work (progress payments vs. a lump sum); the term of the contract (usually a given number of days following the issuance of a Notice To Proceed; a daily rate for liquidated damages; funding sources and account numbers used; and a requirement to withhold at least 10% of the payments made as a retention— payable after the Notice of Completion has been filed with the County Recorder’s Office. Four fully developed counterparts of the Contract are then prepared for signatures.

State Form 13—Extract of Public Works Contract Award:  State Form 13 must be filled out and submitted by the P.O. to the State DIR Division of Apprenticeship Standards (DAS). This Form, among other things, assures the DAS that the Contract includes all the apprenticeship compliance language within it as required under Labor Code sections 1776 and 1777. The Form must be filed with DAS after the award is made, but

- 279 - before the Contract is executed.

Contract Execution:  After the fully developed unsigned counterparts of the Contract have been assembled, the P.O. transmits these to the proposed contractor to complete and sign. One or more additional copies, however, should be retained for filing purposes while the counterparts are out to the contractor. When the completed documents and signed counterparts are returned, the P.O. examines them to assure that all documents have been properly processed and that no changes or alterations have been made. If none, the P.O. or Vice President of Business signs them. The Contract is now “executed.”

Contract Transmittal Form:  To convey key data and for ready comprehension of the Contract, the P.O. prepares a Contract Transmittal Form. Such forms should accompany the Contract counterparts as they are transmitted to others.

Contract Checklist (optional):  A Contract Checklist may be completed by the P.O. to assure that all statutory, regulatory, policy, and processing steps have been satisfied prior to submitting the executed Contract for legal endorsement.

Entry into Datatel:  This step is required in order to make payments under the Contract. Once board approved and after the Contract is executed, the pertinent details are entered into Datatel using the contract number as the Purchase Order number. Account balances are verified prior to distribution of the executed contract to the Contractor.

Distribution of the Executed/Endorsed Contract:  The P.O. retains one counterpart for the file, and distributes the others to the Contractor, the P.M., and the campus Accounting Office (Accounts Payable). Additional copies of the Contract may be prepared for the Chancellor’s Office, if required (on a State funded project), or others as appropriate.

Return of the Bid Security Deposits:  The bidders not receiving the Contract award have either an active bid bond on file with the campus or some other form of bid security deposit held in abeyance or deposited in campus accounts awaiting refund. Once the Contract has been executed and endorsed, all bid bonds, including the one deposited by the successful Contractor, must be released within 60 days. If the campus originally placed any of these bid security deposits in the form of cash, check, bank draft, etc., into its accounts, an identical amount must be returned by the campus in the form of a check or warrant.

Invoices:  Progress payment invoices must be compared to the Contract requirements by the P.M. prior to approval and forwarding to Accounts Payable for payment.

- 280 - Retention Funds:  A minimum or 10% of each monthly progress payment requested by the Contractor shall be retained until after the work has been completed and accepted by the campus and a Notice of Completion has been filed with the County Recorder’s Office. The P.M. verifies with the campus Accounting Officer what the contractually specified proportion (in percentage) of each progress payment to the Contractor is that must be withheld until the final payment. This amount is known as the “retention funds.” These funds are ultimately released only after all Stop Notices have been withdrawn (unless Contractor has “bonded around” them, as required under Civil Code Section 3196, prior to progress payments being made). Establishing a contractor’s escrow account--at the request of the Contractor--can also satisfy the legal requirement for stop notices, in lieu of withholding retention funds from the progress payments.

Escrow Accounts:  By requesting that an escrow account be established by the District the Contractor is presented with an optional way to receive full progress payments without having retention funds deducted from them by the campus. Under this arrangement, the major requirement of the Contractor is to deposit into a holding account negotiable stocks, bonds, or other securities, of an amount equal in value to the required amount of retention funds. The bank or Treasurer’s Office then plays the role of an escrow agent. The campus Purchasing Officer provides the required information to Accounting, who is responsible for getting the escrow account established, and then closing it at the Project’s completion.

Pre-construction Meeting:  This meeting is scheduled prior to the start of construction and issuance of the Notice to Proceed. Attendees should include the Project Architect, Project Engineer, Contractor, Project Manager, Construction Inspector, Facilities staff representatives, and others as necessary for the Project. Attendance by the P.O. is optional All issues regarding the roles and responsibilities of Project team members, the paperwork process, submittals, change orders, payment applications, site protocol and access, utility interruptions, project phasing, planned construction activities (work plan), and the Notice To Proceed date are discussed at this Meeting. A Construction Inspector for the Project may be selected or contracted prior to the meeting. Additional meetings may be held as needed.

 In preparation for the Meeting, the P.M. develops pre-construction packages and agenda for distribution at this Meeting. Each attendee must also sign an attendance sheet (to become a part of the Project File) at the beginning of the Meeting. Following the Meeting (or series of meetings) the Contractor shall prepare and submit to the P.M. a draft “Schedule of Values” upon which any progress payments can be based. In order to reach mutual agreement on it, this Schedule may be revised whenever necessary. It shall be endorsed by the P.M. within three weeks after the Notice to Proceed is issued.

- 281 - Contractor’s Initial Construction Schedule:  The Contractor prepares an initial construction schedule reflecting all the Contractor’s planned work activities during the period of construction. The Critical Path Method (CPM) is recommended for all projects in excess of $1 million. For other projects costing less, a sufficiently detailed bar chart is acceptable. Once drafted, the CPM is submitted to the P.M. for review in consultation with the Project Architect, Project Manager, and other selected individuals. Any needed revisions are discussed in the company of the Contractor. The Contractor makes changes to the CPM, as collectively agreed, and resubmits it to the P.M. for final approval. The approved CPM schedule becomes the baseline schedule and is used as an instrument for monitoring the Contractor’s work. It is updated as required for periodic Progress Schedule Reports.

Notice to Proceed:  After the Contract has been fully executed, the Notice to Proceed can be issued by the P.O. The issuance is generally based upon discussion among the Project team members at the Pre-construction meeting(s) and a start date mutually agreed upon by the P.M. and Contractor. This Notice should provide the Contractor a period of at least five (5) days advance notification prior to the beginning of work. Copies of the Notice should be distributed to others who play key roles in the construction work.

Project File, Tracking System, and Reporting Activities:  The Project File must be examined by the P.M. periodically to ensure that it contains all documents and materials essential for an accurate review of the Project’s history. Any Project documents not in the File must at least be referenced there. The Initial Construction Schedule, as collectively approved, becomes the baseline schedule and is used to update the Project’s tracking system. Periodic Progress Schedule Report updates, as required from the Contractor, are used to further update both the tracking system and the Project File.

As-Built Drawings:  While construction work is on-going, the Contractor must maintain a set of As-Built Drawings that document any deviations from the Contract documents. These Drawings show how the work has been accomplished to date. Simultaneously, the Construction Inspector independently maintains a set of Inspection Drawings that record (presumably) that same information plus notations indicating which components of the Project have been inspected and approved. The Project Architect and Construction Inspector periodically review the Contractor’s As-Built Drawings to ensure that they are being maintained in an accurate and orderly fashion. At the conclusion of the Project, the Contractor submits the As-Built Drawings to the Project Architect for review. Once accepted, the As-Built data is entered into the original construction documents by the Project Architect and become the “Record Drawings”. These are then submitted to the P.M. for safekeeping in the Project File.

Stop Notices & Preliminary Notices:  Stop Notice is a written notification to an awarding body that a legal action by

- 282 - a supplier or subcontractor has been taken that requires a specified amount (plus an additional 25%) to be withheld from payments due to the Contractor. To be valid, a 20-Day Preliminary Notice should first be filed with the District whenever the supplier or subcontractor is not a first-tier sub, i.e., one that has no direct contractual relationship with the Contractor. The twenty-day limitation period is counted down from the time the labor or supplies are furnished to the Contractor.

 A Stop Notice is usually filed when the Contractor does not make a timely payment for goods or services, but one can be filed under other conditions, as well. The P.O. is responsible for receiving and keeping a file copy of all Preliminary Notices and Stop Notices. The P.O. also coordinates with the P.M. to monitor the status of the Stop Notice as Contractor either pays what is owed or “bonds around” the Stop Notice while construction on the Project proceeds.

Progress Payments:  As certain elements of the work are completed, progress payments (less the specified retentions) to the Contractor are appropriate. These payments must be in accord with the amounts specified under the Contract following the completion of designated Phases or milestones on the Project work. To authorize such a payment, the Contractor first submits a payment application to be discussed with the P.M. prior to approval. Once the payment application is approved (with changes or without changes) the Contractor submits a formal Request For Payment to the P.M. The P.M. confirms with the Project Architect and Construction Inspector that the payment is proper and due, and corresponds to the previously agreed-upon Schedule of Values. The P.M. then approves the Request For Payment and transmits one copy to the District Accounting Office. A check or warrant is then issued to the Contractor. The P.M. makes proper distribution of all remaining copies of the Request For Payment, and updates the Project Tracking System.

Change Orders and Construction Change Directives (CCD):  To ensure continuing campus control over the Project activities, only the P.M. may initiate changes in the work during construction. Such changes may be requested by the campus, the Project Architect, or the Contractor. Change Orders and CCDs are the only authorized means available for altering an existing contract. Such changes may include but are not limited to changes in the Project’s scope, methodologies or techniques prescribed, the completion date, work schedule changes, the number or amount of progress payments, and specifications for materials or brand & trade name products. A Change Order must be mutually acceptable to both contracting parties and can be executed only by their signatures.

 Whenever there is a perceived need for a significant change to the Contract, a Contract Change Directive is first prepared. The P.M. reviews the nature of the change and its budgetary implications with appropriate campus officials and determines whether or not to proceed with it. If the P.O. approves the Contract Change Directive, copies of it are distributed to the Project Manager, the Project Architect (or Engineer), and the Construction Inspector. The Project Architect or P.M. may then prepare a Cost Request

- 283 - Bulletin (CRB) that, in essence, asks for detailed cost figures from the Contractor. The Contractor’s proposed costs are developed on the CRB and submitted back. The costs are then evaluated by the Project Architect, the Project Manager, the Construction Inspector, and optionally--an independent estimator, for reasonableness. Once the cost proposal is deemed acceptable by the P.M., the P.O. is notified and a Change Order is prepared. The unsigned Change Order is transmitted back to the P.M. for a final review whereupon it is returned to the P.O. and transmitted to the Architect and Contractor for signature. After signing, the Contractor returns the Change Order to the P.O. The P.O. signs the Change Order, making it an executed document. Copies are distributed to the Contractor, the Accounting Office, the Project Architect, the Project Manager, the Construction Inspector, and any others as appropriate. The Change Order must be ratified by the governing board within 60 days.

 The CCD may not entail preparation of a CRB by the Project Architect. Its use may avoid possible delay by relying upon an informal cost not-to-exceed figure and a general agreement among the P.M., the Contractor, the Project Architect, and the Project Manager about the details involved in implementing the needed change. The P.M., Vice President of Business Services or Facilities Director, Contractor and P.O. must approve the CCD. The P.M. incorporates the CCD into a Change Order Request to become part of a future Change Order. All Change Order Requests must include the CCD number associated with the Change.

Pre-final Inspection and “Punch List” Process:  Once the Contractor determines that the Project appears to be substantially complete, the P.M. is so advised. The P.M. then notifies the Program Manager, the Project Architect, the Construction Inspector, Facilities, and other desired or available experts to conduct a Pre-final Inspection. Any unfinished tasks are noted on a standard “punch list.” The punch list should describe in detail all things left unfinished on the contracted work. The P.M. presents a copy of the punch list to the Contractor along with a stated timeframe in which to complete the punch list items. Substantial Completion shall begin the warranty period. Contractor completes the work on the listed items and then notifies the P.M. in writing.

Final Inspection, Acceptance, and Project:  A Final Inspection is conducted after all punch list items have been completed by the Contractor. The P.M. instructs the Project inspection team, headed by the Program Manager or the Construction Inspector, to perform the Final Inspection as soon afterward as it can be scheduled. Outside agencies such as the State or local Fire Marshal’s Office, OSHA, State Architect, FEMA, or others, may also need to be asked to participate in the Final Inspection. The P.M. is then notified of any identified deficiencies, in turn notifying the Contractor to correct them, if there are. The inspection team then performs a site survey, conducted to rid the construction site of any tools, hazards, etc., that may remain. After Contractor removes such obstacles, the P.M. advises the inspection team members once again, and each member must then submit back a statement that the facility is in compliance with the Contract and free from apparent defects.

- 284 -  The P.M. issues a certified Acceptance Notification to the Contractor, concurrently instructing Contractor to submit back a progress payment request (for 100% completion of work) along with a copy of the As-Built Drawings. The Contractor may be permitted by the P.M. to submit a list of “Items To Complete” which in essence is comprised of non-critical matters that may be completed by the Contractor after the facility becomes usable. In the meanwhile, the facility may be utilized.

 After the Acceptance Notification has been transmitted to the Contractor, Facilities (or the P.M.) notifies the campus Risk Manager of pending occupancy for purposes of insurance and a transfer of liability coverage to the CSU Risk Pool.

 The Contractor prepares and collects all operating and maintenance manuals, and submits them to the P.M. or to Facilities for appropriate distribution to campus personnel. The P.M. or Facilities is also to be advised of any surplus or excess materials left over from the Project in order to arrange for proper disposition. The Contractor may also be instructed to schedule and conduct equipment systems demonstration training sessions(s) with campus personnel.

 Written statements attesting that the Project (as constructed) is in compliance with the Contract documents are prepared and submitted to the Program Manager by the Project Architect, the Project Manager, and the Construction Inspector. The Project Manager must complete a Project closeout checklist and forward it on to the Program Manager for review prior to enclosure in the Project File. The P.M. advises the Contractor to submit a 100% payment application request along with deliverance of the As-Built Drawings (a copy shall suffice) and warranties (if any) on the Project or any of its components. A list of “Items to Complete”, if any, that may be addressed by the Contractor at a later time is prepared and transmitted to the Contractor by the P.M.

Beneficial Occupancy:  In some instances, the campus may wish to utilize the Project facility (or a portion of it) before it has undergone final inspection or before a Notice of Completion has been filed with the County Recorder’s Office. This is normally alluded to as “taking beneficial occupancy.” To do this, the P.M., in consultation with the Project Architect, Construction Inspector, and campus Risk Manager, should first thoroughly weigh the ramifications of assuming the Contractor’s risk & liability for on-site accidents before the facility officially becomes the property of the campus. Other potentialities that should be considered first are undetected defects and uncompleted work, potential effects upon the specified warranty period, and unresolved disputes or claims that could affect the Project costs. If the desire remains to go forward with beneficial occupancy, the P.M. works with the Program Manager, the Project Architect, and the P.O., to survey and perform a punch list review for the area to be occupied (plus any other “affected” areas) and prepare a Beneficial Occupancy Change Order to the Contract. The Project Manager secures signatures from the Architect and Contractor and returns the

- 285 - Change Order to the Program Manager for final signatures. Signed copies are then distributed appropriately to all parties concerned. One copy is placed in the Project File. After this process is completed, the campus may occupy the facility area, effective as of the date and time stipulated in the Change Order.

Notice of Completion:  The P.M. requests the P.O. to prepare a Notice of Completion for signature. After governing board approval, the Notice is delivered by the P.O. to the County Recorder’s Office for listing. One copy of the filed Notice is delivered to the P.M., and one to the campus Accounting Office. Upon receipt of the Notice the P.M. issues a letter to the Contractor (with a copy of the filed Notice attached) requesting submittal of the retention payment request within thirty (30) days following the recordation date of the Notice. Stop Notices (if any) must be filed with the campus within the 30-day period after the Notice is filed with the Recorder’s Office. After the 30-day period has passed and all Stop Notices have been settled and released, the P.M. places the recorded (stamped) Notice into the Project File and, unless there is a dispute, a claim, an uncompleted punch list or closeout item remaining, the way is cleared for issuing the final payment (retention funds) to the Contractor.

Release of Retention Funds and Final Payment:  The contract retention monies payable to the Contractor (a minimum of 10% face value of the Contract plus 125% of the amounts specified on any outstanding Stop Notices) have been retained as required by law. At this point, the P.M. must be satisfied that all Project closeout requirements have been satisfactorily concluded by the Contractor. If a warranty issue or any other contractual matter remains unsettled, the P.M. may arrange to have 150% of the estimated dollar value of the dispute withheld from the “final” payment, pending an eventual settlement. The Contractor must be so advised. Once these considerations are made, and after the governing board officially accepts the Project, the Contractor may submit a final Request for Payment to the P.M. for the release of the available retention funds. The Request is held by the P.M. for thirty (30) days following the filing of the Notice of Completion and until any outstanding Stop Notices are cleared. The P.M. then signs & approves the Request and forwards it to the District Accounting Office, after which a check or warrant may be issued in the amount remaining free for disbursement within the Project retention funds within 30 days.

Claims Review:  Any dispute or claim by the Contractor or District that arises during the life of the Contract and cannot be resolved between the two parties must be settled according to the contract documents.

Post-Project Performance Review:  The Contractor’s performance should be evaluated and recorded by the P.M. or Program Manager, for future reference. The signed performance report is placed into the Project File and a copy forwarded to the P.O.

- 286 - Internal Closure and the Preservation of Project File Contents for Audit:  After the Project has been completed, the P.M. or Program Manager updates the Project Tracking System records to establish the total Project construction cost and show that all work has been performed and that all expenditures assignable to the Project have been made against it. Any unspent balances that are indicated should be compared with the Accounting Office’s Project budgetary & expenditure accounts. If there is an agreement between the Tracking System records and the Project accounts, any residual amounts are presumed to be budgetary savings. This File must remain intact and available for a minimum of ten (10) years.

Project Capitalization:  After receiving the filed (stamped) Notice of Completion from the County Recorder’s Office, the P.O. transmits a copy of the Notice to the Accounting Office for the purposes of releasing final payment and for capitalizing the Project into a campus asset on the General Ledger. All recorded costs directly related to the Project are totaled and recorded as a consolidated debit entry to the Capital Assets account (with balancing credit entries made to close out the Project expenditure accounts).

AP 6340 Bids and Contracts

Reference: Education Code Section 81641 et seq.; Public Contracts Code Sections 20112 and 20650 et seq.

Bidders Lists and Source Selection The Purchasing Department maintains a list of vendors by category. This list is updated with vendor names, addresses, phone numbers, and categories on an on-going basis. This list is utilized to notify vendors of Requests for Proposal and Invitations for Bid on various goods and services.

Competitive Sealed Bidding The Invitation for Bid (IFB) Process Purchases of goods and services in the aggregate amount of the official set bid limit and over shall be awarded by a process of competitive sealed bidding. This process may be utilized for lower priced specialty items or when deemed more advantageous to the District.

The Invitation for Bid The Invitation for Bid shall include the following: Instructions and information to bidders concerning the bid submission requirements, including time and date for receipt of bids, the address of the office to which they are to be delivered, and any other information.

The purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements.

The contractual terms and conditions, including warranty and bonding or other security requirements applicable to the procurement.

Bidding Time The bidding time is the period of time between the date of distribution of the Invitation for Bids and the time and date for receipt of bids.

In each case a bidding time shall be set that affords bidders a reasonable time to prepare the bids. A minimum of 14 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Agent.

- 288 - Bidders Lists The Purchasing Department shall compile a list of bidders that express interest in providing products or services to the District. Bidders that fail to respond to Invitations for Bid on three consecutive procurements of similar items may be removed from the bidders list.

Prospective bidders currently meeting criteria for inclusion on the list may be reinstated at their request. Names and addresses on the bidders lists shall be available for public inspection, provided these lists are not used for private promotional commercial or marketing purposes

Bidder Submissions The Invitation for Bids shall provide a form or format which the bidder shall include the bid price and in which the bidder shall sign and submit with all other necessary submissions. Telegraphic, telephone and Facsimile transmissions are not acceptable for sealed bidding purposes

Public Notice Adequate public notice of the Invitation for Bid or notices of the availability of the Invitation for Bid shall be mailed or otherwise furnished to a sufficient number of bidders for the purpose of securing competition. Advertisement in a general publication newspaper with a local circulation may be used for sealed competitive bidding. When the bid list is not sufficient to maximize competition, the determination not to advertise shall be made by the Purchasing Agent.

Pre-Bid Conferences Pre-bid meetings may be conducted to explain the procurement requirements. They shall be announced to all prospective bidders known to have received an Invitation for Bid. The conference shall be held long enough after the announcement has been issued to allow bidders to become familiar with the document, but sufficiently before bid opening to allow consideration of the conference results in preparing their bid.

Generally the receipt of bids will be no sooner than seven calendar days after the pre- bid conference. The Purchasing Agent must grant any exceptions in writing. Nothing stated at the conference shall change the Invitation for Bid unless a change is made by written amendment.

Amendments to Invitations for Bid Amendments to Invitations for Bid shall be identified as such and shall require that the bidder acknowledge receipt of all amendments issued. The amendment shall reference the part of the Invitation for Bid that it amends.

All addenda shall be identified as such and shall be sent to all bidders that have acknowledged receipt of the bid. The addendum shall require that the bidder acknowledge the receipt of the addendum.

Addenda shall be issued within a reasonable amount of time for potential bidders to consider them in the preparation of their bids. If the time and date set do not permit sufficient time for bid preparation, the date and time of the bid opening shall be extended either in the addendum or by telephone, fax or telegram.

- 289 - Withdrawal and Modification of Bids A bidder may modify or withdraw its bid at any time before bid opening if the modification or withdrawal is received before the time and date set for bid opening in the location designated in the Invitation for Bid for receipt of bids.

All documentation relating to a withdrawal or modification of a bid shall be kept as part of the procurement file.

Late Bids A bid, withdrawal of a bid, or modification of a bid is late if it is received at the designated location of the bid opening after the time and date of bid opening.

A late bid, late withdrawal of a bid, or late modification of a bid shall be rejected. Bidders submitting bids that are rejected as late shall be notified as soon as practical.

All documents concerning a late bid shall be retained in the procurement file.

Receipt of Bids Bids and bid modifications shall be received by appropriate staff, marked with the date and time of receipt and stored unopened in a secure location, until the bid opening.

Bids shall be opened publicly at the time, date, and location advertised in the bid document. The name of each bidder, the bid price, and other pertinent information shall be read aloud and recorded. A bid abstract shall be made available to the public for review.

Inspection of Bids Only after formal award of the bid, shall the bids be made available for public inspection. Information deemed proprietary in nature by the bidder and approved as such by the Purchasing Agent, shall not be included in the materials available for public inspection.

Mistakes and Informalities in Bids Mistakes in bids may be corrected by modification or withdrawal as outlined in sections above, if discovered prior to the bid opening. After bid opening, a bid submitted in error of judgment, may not be corrected. A bid may be withdrawn pursuant to the following sections:  Minor informalities in a bid may be waived if the Purchasing Agent deems it advantageous to the District.  A bid may be withdrawn after bid opening only if the mistake is clearly evident to the Purchasing Agent or if the bidder establishes evidence clearly showing a mistake was made.  Mistakes shall not be corrected after award of the bid.  Any withdrawals or corrections to a bid permitted or denied after the bid opening shall have a written determination that is included in the procurement file.

Bid Evaluation and Award The bid shall be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria as defined in the Invitation for Bid. The amount of any applicable transaction privilege or use tax is not a factor in determining the lowest bidder.

- 290 - Bids shall be evaluated to determine which bidder offers the lowest cost to the District in accordance to the criteria as defined in the Invitation for Bid. Only objectively measurable criteria shall be applied in determining the lowest cost to the District.

A contract may not be awarded to a bidder submitting a higher quality item than designated in the bid document unless the bidder is also the lowest bidder as determined by the criteria outlined above.

Tie Bids Tie bids are defined as instances of identical pricing from responsible bidders that meet all requirements as set forth in the bid documents. Tie bids may be awarded by drawing lots or any other random choice manner. Care shall be taken by the buyer to ascertain that the tie bidders meet all requirements as outlined in the bid document before declaring a tie bid situation.

Records and methods of determining the successful bidder shall be maintained in the procurement file for all tie or apparent tie bids.

Single Bids In instances of only one bid being received, a determination must be made by the Purchasing Agent that the price submitted is fair and reasonable and that other prospective bidders had time to respond or that re-solicitation is not possible due to time constraints. In those instances, an award may be made.

If it is determined in writing by the Purchasing Agent that the need for the product or service continues and that the acceptance of the sole bid is not advantageous to the District, then the procurement may be conducted in a manner as defined by the Purchasing Agent.

Competitive Sealed Proposals, The Request for Proposal (RFP) Process Purchases of goods and services in the aggregate amount of the current official bid limit and over that cannot be awarded by a process of competitive sealed bids, that is when the RFP is more advantageous, shall be procured through the use of a Request for Proposal process.

The Request for Proposal The Request for Proposal shall include the following:  Instructions and information to proposers concerning the submission requirements, including time and date for receipt of proposals, the address of the office to which they are to be delivered, and any other information.  The purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements.  The contractual terms and conditions including warranty and bonding, or other security requirements applicable to the procurement.

Proposal Time The proposal time is the period of time between the date of distribution of the Request for Proposal and the time and date for receipt of proposals.

In each case, a proposal time shall be set that affords proposers a reasonable time to prepare the proposals. A minimum of 14 calendar days shall be provided unless a

- 291 - shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Agent.

Proposal Submissions The Request for Proposal document shall provide a form or format in which the proposer shall include all pertinent information relative to the process. The proposer shall sign and submit all necessary information called for in the Request for Proposal document.

Public Notice Adequate public notice of the Request for Proposal or notices of the availability of the Request for Proposal shall be mailed or otherwise furnished to a sufficient number of proposers for the purpose of securing competition. Advertisement in a general publication newspaper with a local circulation may be used for sealed competitive proposals.

Pre-Proposal Conferences Pre-proposal meetings may be conducted to explain the procurement requirements. They shall be announced to all prospective proposers known to have received a Request for Proposal. The meeting shall be held long enough after the Request for Proposal has been issued to allow proposers to become familiar with the document, but sufficiently before receipt of proposals to allow consideration of the conference results in preparation of their proposal.

Generally the receipt of proposals will be no sooner than seven calendar days after the pre-proposal meeting. The Purchasing Agent must grant any exceptions in writing. Nothing stated at the conference shall change the Request for Proposal unless a change is made by written amendment.

Amendments to Requests for Proposals Amendments to Requests for Proposals shall be identified as such and shall require that the proposer acknowledge receipt of all amendments issued. The amendment shall reference the part of the Request for Proposal that it amends.

Amendments shall be issued within a reasonable amount of time for potential proposers to consider them in the preparation of their proposals. If the time and date set does not permit sufficient time for proposal preparation, the date and time of the proposal opening shall be extended in the form of an addendum.

Withdrawal and Modification of Proposals Withdrawal or modification of proposals is acceptable if the notification of withdrawal or modification is received prior to the deadline for receipt of the proposals at the designated location. All documentation relating to a proposal withdrawal or modification shall be kept as part of the procurement file.

Late Proposals A proposal, a request for withdrawal of proposal, or a modification of proposal is late if received at the designated location of the proposal receipt after the time and date listed in the Request for Proposal. Late proposals, late withdrawal of proposals, or late modification of a proposals shall be rejected. Proposers submitting proposals that are rejected as late shall be notified as soon as practical. All documents concerning a late proposal shall be retained in the procurement file.

- 292 - Receipt of Proposals Proposals and proposal modifications shall be received by appropriate staff, marked with the date and time of receipt, and stored unopened in a secure location until the proposal opening. Proposals shall be opened publicly at the time, date, and location advertised in the proposal document. The name of each proposer and other pertinent information shall be read aloud and recorded. Pricing information, if part of the Request for Proposal, is not read aloud or recorded.

Mistakes and Informalities in Proposals Mistakes in proposals may be corrected by modification or withdrawal as outlined in sections above, if discovered prior to the proposal opening. After proposal opening, a proposal submitted in error of judgment may not be corrected. A proposal may be withdrawn pursuant to the following sections:  Minor informalities in a proposal may be waived if the Purchasing Agent deems it advantageous to the District.

A proposal may be withdrawn after proposal opening only if the mistake is clearly evident to the Purchasing Agent or if the proposer establishes evidence clearly showing a mistake was made.

Mistakes shall not be corrected after award of the proposal. Any withdrawals or corrections to a proposal permitted or denied after the proposal opening shall have a written determination that is included in the procurement file.

Proposal Evaluation and Award The award will be made to the most qualified proposer, deemed most advantageous to the District, based upon review and recommendations of a committee of individuals that score responses to the Request for Proposal document based upon published grading criteria.

Single Proposals In instances of only one proposal being received, a determination must be made by the Purchasing Agent that the proposal submitted is fair and reasonable and that other prospective proposers had time to respond or that re-solicitation is not possible due to time constraints. In those instances, an award may be made.

If it is determined in writing by the Purchasing Agent that the need for the product or service continues and that the acceptance of the single proposal is not advantageous to the District, then the procurement may be conducted in a manner as defined by the Purchasing Manager.

Procurement of Commodities The procurement of certain commodities on a regular basis is not practical with common public procurement procedures such as sealed bidding.

Examples of these types of purchases include the on-going purchase of gasoline or other commodity type items such as computer memory. Products such as these have pricing and availability, which vary on a daily or weekly basis.

Methods of maximizing competition, within reason, are to be implemented by the Purchasing staff with the approval of the Purchasing Agent.

- 293 - Sole Source Procurement Products or services may be procured without competition if there is documentation that there is only one source available.

Submission of cost and specifications data may be required by the requesting department in conjunction with the Purchasing department. Sole source procurement shall be avoided whenever possible.

Written justification is required on all sole source determinations. They shall be approved by the Director of Support Services, the Dean of Business Services or the Vice President of Business Services.

Examples of sole source procurement include, but are not limited to:  Products where compatibility with existing systems, equipment, or accessories is absolutely necessary for function, serviceability, warranty, or cost.  For trial or evaluation products or services.  For public utilities and services.

Examples of single source procurement include, but are not limited to:  Unique services, such as advertising, in which circulation, billboard location, audience demographics, and other factors make each provider different.  Rental of certain facilities in which location is an important factor.

AP 6350 Contracts - Construction

Reference: Education Code Section 81800; Public Contracts Code Sections 20650 et seq., 22000 et seq.

The Vice President of Business Services shall be responsible for the planning and programming of new construction, alterations and repairs of existing plants, and leasing of facilities that require state approval. This includes the planning and programming of college-initiated new construction, additions to existing plants, and major alterations and repairs of buildings and grounds.

The Vice President of Business Services shall be responsible for preparation of drawings and specifications for new buildings, leased facilities, additions, major alterations and improvements of buildings and grounds together with estimates of costs.

The preliminary drawings, which shall cover all proposed facilities together with construction cost estimates, shall be submitted to the Board for approval and authorization to proceed with the working drawings and specifications. Upon completion, the working drawings, specifications and revised cost estimates, if any, will be submitted for approval to the State Chancellor’s Office and the State Department of General Services as required by statute in the name of the Board of Trustees.

The final working drawings and specifications, approved by the State Department of General Services and the State Chancellor’s Office, together with revised estimates, if any, shall then be submitted to the Board of Trustees for adoption.

The letting of contracts for construction shall comply with procedures of the District regarding contracts that exceed the statutory minimums for competitive bidding. (See AP 6340)

AP 6360 Contracts – Electronic Systems and Materials

Reference: Education Code Section 81641 et seq., and 81651; Public Contracts Code Sections 20651 et seq.

The District may contract with any vendor who has submitted one of the three lowest responsible competitive proposals or competitive bids for the purchase or maintenance of electronic data-processing systems and equipment, electronic telecommunication equipment, supporting software, and related material, goods and services.

Except as otherwise stated here, bids shall be solicited and contracts shall be awarded in accordance with AP 6340.

Criteria to determine what constitutes a responsive bid shall be established by the Purchasing Department at Mt. San Jacinto College.

Supplemental instructional software packages may be purchased without taking estimates or advertising for bids.

Sale and leaseback of data-processing equipment or another major item of equipment is permissible if the purchaser agrees to lease the item back to the district for use by the district following the sale. The governing board shall first adopt a resolution finding that the sale or leaseback is the most economical means for providing electronic data-processing equipment or other major items of equipment to the district.

AP 6365 Accessibility of Information Technology

Reference: Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794d); 36 CFR 1194.1 et seq.; Government Code Section 11135; Title 5 Section 59300 et seq.

Whenever the district enters into a contract for the purchase, development, procurement, maintenance or use of any electronic of information technology, the vendor shall certify that it complies with the requirements of Section 508 of the Rehabilitation Act of 1973 and its related regulations. This requirement shall apply to software applications, telecommunications products, video or multimedia products, self contained closed products such as copiers, and desktop and portable computers.

Each contract with a vendor shall contain the provision:

“The vendor hereby warrants that the products or services to be provided under this agreement comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended, and its implementing regulations. Vendor agrees to respond promptly to and resolve any complaints regarding accessibility of its products or services that are brought to its attention. Vendor further agrees to hold harmless the district from and against any claim arising out of its failure to comply with these requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement.”

AP 6370 Contracts – Personal Services

Reference: Government Code Section 53060; Education Code Section 88003.1

The District may enter into personal services contracts to achieve cost savings when each of the following conditions are met:  It can be clearly demonstrated that the proposed contract will result in actual overall cost savings to the District;  The contractor’s wages are at the industry’s level and do not undercut District pay rates;  The contract does not cause the displacement of district employees;  The savings are large enough to ensure that employees will not be eliminated by private sector and District cost fluctuations that could normally be expected during the contracting period;  The amount of savings clearly justifies the size and duration of the contracting agreement;  The contract is awarded through a publicized, competitive bidding process;  The contract includes specific provisions pertaining to the qualification of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards;  The potential for future economic risk to the District from potential contractor rate increases is minimal;  The contract is with a firm; and  The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the District.

Personal service contracts are also permissible when any one of the following conditions is met:  The contract is for new functions mandated or authorized by Legislature to be performed by independent contractors;  The services are not available within the District or cannot be satisfactorily performed by district employees;  The services are incidental to a purchase or lease contract;  The policy, administrative, or legal goals and purposes of the District cannot be accomplished through the regular or ordinary hiring process;  The work meets the criteria for emergency appointment;  Equipment, materials, facilities, or support services could not feasibly be provided by the District; or

- 298 -  The services are of an urgent, temporary, or occasional nature.

Professional Experts Contracts for the services of persons who qualify as professional experts may be let without competitive bidding. Professional experts are persons specially qualified to provide services and advise in financial, economic, accounting, engineering, legal or administrative matters. They must be specially trained, experienced and competent to perform the services required. Compensation for special services and advice from professional experts may be paid from available funds in the amounts deemed proper for the services rendered.

Independent Contractors To be an independent contractor, substantial conformance with the following conditions must exist:  The contractor controls the way in which work is performed.  The contractor sets his or her own hours.  The contractor is not restricted from taking jobs from other businesses at the same time that they are doing work for the District.  No District employees have duties similar to the independent contractor.  The District does not provide assistants to the contractor.  The duration of employment is for a specific job, not for a specified period of time.  The District does not furnish tools, training, or equipment to the contractor. Contractors should be able to perform their services without the District’s facilities (e.g., equipment, office furniture, machinery).  The contractor’s investment in his or her trade must be real, essential, and adequate.  The contractor has employer identification numbers with the Internal Revenue Service and the California Employment Development Department for reporting employer payroll taxes and employee wages.  The individual is not presently employed by the District to do the same type of work.  Contractors are hired to provide a result and usually have the right to hire others to do the actual work.  Contractors are hired for the final result, and therefore should not be asked for progress or interim reports.  Contractors are generally responsible for their incidental expenses.  Contractors should be able to make a profit or a loss. Five circumstances show that a profit or loss is possible: o If the contractor hires and pays assistants o If the contractor has his own office, equipment, materials, or facilities o If the contractor has continuing and reoccurring liabilities o If the contractor has agreed to perform specific jobs for prices agreed upon in advance o If the contractor’s services affect his own business reputation  Contractors can’t be fired so long as they produce a result that meets the contract specifications.  Contractors are responsible for the satisfactory completion of a job or they may be legally obligated to compensate the hiring firm for failure to complete.

- 299 - Consultants Consulting services contracts refer to all services that:  Are of an advisory nature,  Provide a recommended course of action or personal expertise,  Have an end product which is basically a transmittal of information either written or verbal, and  Are obtained by awarding a procurement-type contract, a grant, or any other payment of funds for services of the above type.

The product may include anything from answers to specific questions to design of a system or plan, and includes workshops, seminars, retreats, and conferences for which paid expertise is retained by contract.

AP 6380 Vendors

Reference: Education Code Section 81656; Public Contracts Code Section 20650

Definition. 1. A vendor is defined as any outside entity wanting to do business with the district. Vendors may provide good and/or services. Vendors must be identified and authorized for any and all district procurements and contracts. 2. These regulations describe the rules and procedures for setting up new vendors for the District.

Responsibilities. 1. The pre-qualification of vendors for any procurement purpose will be the responsibility of the Purchasing Office. 2. The Accounts Payable Department is responsible for the set up of new vendors and the maintenance of all approved vendors in the District Vendor Master List. Accounts Payable is also responsible for reporting vendor taxable income in compliance with IRS Form 1099 (1099). 3. The Master Bidder’s List is the responsibility of the Purchasing Office. Any Vendor may request to be placed on the bidder’s list for future inclusion in the district bid process. The bidder’s list will be organized by commodity and vendors will be included in bid processes as placed within the bidder’s list. Vendors may request to be placed on the bidder’s list by sending a letter to the Purchasing Office listing all commodities that are provided. 4. Initiators of Purchase Requisitions and Requests for Contracts are responsible for providing the required vendor information on each requisition or contract request submitted to Business Services.

Department al Procedures. 1. Purchase Requisitions and Requests for Contracts must be submitted to Business Services, as far as possible, with a “suggested vendor” for the given commodity or service. 2. Accounts Payable staff locates the vendor name on the Vendor Master List and indicates the associated vendor number on the requisition or contract request. If the vendor is not on the Master List, the Accounts Payable Supervisor will

- 301 - establish a new vendor account in the Purchasing System. There are 4 basic types of vendor accounts:

a. Retail suppler of goods only – Purchase Request vendor information requires address and phone number; payments are not 1099-reportable. b. Independent contractor performing services/consulting – Purchase Request vendor information requires address, phone number and social security number with completed and signed IRS W-9 Tax Form; payments for services are 1099-reportable. c. dba, a sole proprietor “doing business as” a registered business name, performing services/consulting – Purchase Requisition vendor information requires address, phone number and social security number or employee identification number with completed and signed IRS W-9 Tax Form; payments for services are 1099-reportable. d. Legal or medical establishment performing service Purchase Requisition vendor information requires address, phone number and social security number or employee identification number with completed and signed W-9 Tax Form; this document is required irrespective of whether the vendor is incorporated or not; payments for services are 1099-reportable. 3. The Purchasing Agent has the sole authority to select a more appropriate vendor for the specific commodity in accordance with Purchasing regulations.

Unauthorized Purchases: Any purchases made by unauthorized college personnel may become the financial responsibility of the unauthorized purchaser. Only the Vice President of Business Services or their designee(s) may authorize district dollars for any purchase. It is the responsibility of the vendor to ensure that they are dealing with appropriate personnel prior to fulfilling orders for the district.

Unauthorized Shipments Received: Any shipment received from a vendor without benefit of a purchase order or authorization of the Purchasing office representative will be accepted by the district as a gift. The district is not financially responsible for merchandise sent without prior approval of the Purchasing Office.

Changes to Authorized Orders/Contracts: All changes to authorized orders and contract must go through the Purchasing Office. Vendor must contact the originating procurement officer to state changes. An official change order will be created for any authorized change. Unauthorized personnel may not make changes to any authorized purchase order or contract. Changes made by unauthorized personnel may become the financial responsibility of the unauthorized user or the vendor.

College Purchasing Policy: As outlined in previous chapters, the college will conduct procurement services with an open, competitive atmosphere that is beneficial to the buyer and the seller. The Purchasing Office buys on the basis of quality of product and service, competitive price and delivery. The district also considers goods of our local community and minority spending.

- 302 - Supplier Diversity: The district will attempt maximum utilization of our diverse supplier community and will encourage the use of minority and women-owned businesses according to college goals.

The district will seek active participation through advertisement, invitations to bid and requests for proposals for purchasing activities, and by providing information to minority and female-owned business about the plans, specifications and requirements of contracts and projects at the College.

Vendor Performance & Savings: As good purchasing practice, vendors are periodically evaluated on the basis of actual delivery performance compared to promise delivery dates, ability to meet emergency requirements, unauthorized partial deliveries, number of items rejected due to poor quality, and adherence to purchase order terms and conditions. The ability to provide competitive prices consistent with quality and service requirements is of great importance to vendor selection.

Vendor Contract and Sales Calls: All sales calls on any campus or college site will be coordinated through the Purchasing Office (with the exception of Bookstore or Cafeteria vendors). Any vendor soliciting district offices prior to contacting the Purchasing Office may be asked to leave. All contacts must go through the Purchasing Office prior to any other type of sales call.

District Offices are also instructed to go through the Purchasing Office prior to having any vendor on-campus for a sales visit.

Vendors must make appointments with the Purchasing Office prior to coming to campus. Cold calls cannot be accommodated.

AP 6400 Audits

Reference: Education Code Section 84040(b), 81644

Authority. Under authority granted by the District Board of Trustees, the Vice President of Business Services is responsible for administering these regulations, and is the authority to amend these regulations.

Definition. In accordance with Education Code Section 84040(b) and the Chancellor’s Office Budget and Accounting Manual, the District must provide an annual financial and compliance audit of all District, auxiliary organizations, and Foundation funds, books, and accounts. The audit must be conducted by certified public accountants licensed by the California Board of Accountancy.

Responsibilities. 1. On or before April 1 of the fiscal year, the District Board of Trustees upon the recommendation of the Vice President of Business Services must approve the selection of a contracted auditor. 2. A contracted auditor’s agreement must not exceed 5 consecutive years. 3. The audit must be conducted in accordance with generally accepted auditing standards and must include testing of the accounting records and other appropriate auditing procedures. 4. The auditor must adhere to reporting requirements and procedures required by the Office of Management and Budget as described in circular A-128 (Single Audit Act of 1984-P.L., 98-502, Standards and Procedures for Audits of California Community Colleges, the Budget and Accounting Manual for California Community Colleges, (including provisions for program based funding), and Audits of Student Financial Assistance Programs, and other pertinent publications and guides. 5. Financial statements must include combined comparative Statement of Net Assets, combined comparative Statement of Net Revenues, Expenses and Changes in Net Assets, combined comparative Statement of Cash Flows for all government funds, and comparative Statements of Net Assets and Changes in Net Assets for all fiduciary funds. 6. Supplemental information must include such other reports, schedules, notes, recommendations and information necessary to comply with regulations set forth by the governing bodies of California Community Colleges, to support the financial statements of the District and the auditor’s opinion thereon, and to assist management in administration.

- 304 - 7. The audit must contain a summary of audit exceptions and management recommendations. 8. The District must respond to all external audit findings in a comprehensive and timely manner. 9. The final audit report must be issued and presented to the District Board of Trustees prior to December 31, following the fiscal year end. In addition, the following agencies must be provided copies of the audit on or before the December 31 deadline: a. Mt. San Jacinto Community College Board of Trustees b. Chancellor’s Office, California Community Colleges c. California State Department of Finance d. Riverside County Superintendent of Schools e. Riverside County Clerk f. U.S. Department of Education

AP 6505 Procedures for Acceptable Use by College Employees for Computer and Communications Technology

Authority The Information, Communication and Technology Committee, as a shared governance District technology committee, is responsible for administering these procedures, and is the authority to amend these procedures.

Definition These regulations outline the College rules and procedures for the proper use of computer and communications equipment.

Responsibilities It is the responsibility of the Dean of Information Technology to establish procedures, as needed, to ensure that the District’s computer and communications technologies are used in a responsible, efficient, ethical and lawful manner.

Procedures The information, Communication, Technology Committee has approved the procedures that follow:

PURPOSE Mt. San Jacinto College (MSJC) owns and operates a variety of computing systems, which are provided for the use of MSJC students, faculty, and staff in support of the programs of the college. Recognizing that computers are now an integral component of personal communication, it must be understood that the primary purpose of the College computing systems is for education, research, academic development, and public service. Commercial uses and political advocacy are specifically excluded. All students, faculty, and staff are held accountable for seeing that these computing facilities are used in a responsible, efficient, ethical, and lawful manner.

WHY DOES MSJC NEED AN ACCEPTABLE USE PROCEDURE? This document establishes rules and prohibitions that define acceptable use of the College's computer systems. Unacceptable use is prohibited and may be grounds for loss of computing privileges. Violations of these procedures will be dealt with in the same manner as violations of other College procedures and may result in disciplinary action and/or legal sanctions under federal, state, and local laws.

- 306 - WHAT RIGHTS DOES THE COLLEGE MAINTAIN REGARDING ACCEPTABLE USE OF COMPUTERS AND COMMUNICATIONS TECHNOLOGY? MSJC owns and operates all College computer systems, facilities and accounts. While system administrators have access to all user account directories and data, electronic mail, personal web pages, and any other files stored on system servers, such files are not accessed without written authorization or under circumstances requiring system maintenance. While reasonable efforts have been made to ensure the privacy of individual accounts and electronic mail and to ensure a secure network system, there is no guarantee that such accounts or electronic mail are private. MSJC reserves all rights to these computing resources, and may terminate service without notice at its discretion.

The Acceptable Use Procedure shall not be construed as a waiver of any rights of MSJC, nor shall it conflict with applicable acts of law. Users of MSJC's computer systems may have rights that are protected by federal, state, or local laws. System administrators will establish more detailed guidelines, as needed, for specific computer systems and networks. These guidelines will cover such issues as allowable connect time and disk space, handling of irretrievable mail, responsibility for account approval, and other issues related to administering the system.

WHAT PRIVILEGES ARE USERS GRANTED? Access to MSJC computing systems is assigned and managed by the administrators of individual systems. Eligible individuals may become authorized users of a system and be granted appropriate access, including passwords, by the responsible system administrator.

WHAT RESPONSIBILITIES DO USERS HAVE? The administrator of each system sets minimum guidelines within which users must conduct their activities.

Users may not, under any circumstances, allow unauthorized individuals to access their account without permission from their system administrator. Authorized users are responsible for proper use of the system, including any password protection.

Users may not employ the College's computing systems, including electronic communications such as electronic mail, to harass or make defamatory remarks, and violators shall bear full and sole responsibility for their actions. MSJC's role in managing these systems is only as an information carrier, and transmission of any individual user's messages through these systems does not imply endorsement by MSJC.

Access to the Internet is for use in a regular instructional activity or to compile data necessary for research needed in the College District. It is the user's responsibility not to initiate access to material that is obscene, as defined in the California Penal Code section 311 (a), or that is inconsistent with the goals, objectives, policies, or educational mission of the College District.

Many of the MSJC computing systems provide access to outside networks, both public and private, which furnish electronic mail, information services, bulletin boards, conferences, etc. Users are advised that MSJC, including members of the administration, faculty, and staff, does not assume responsibility for the contents of any of these outside networks.

- 307 - In addition, users will agree to the following: 1. Users agree to comply with the acceptable use procedures for local and/or outside networks that they may access through MSJC systems. 2. Users agree to follow proper etiquette on local and/or outside networks. Documents regarding etiquette are available through system administrators and/or through specific networks. 3. Any user who transmits or causes to be transmitted a message that is inconsistent with an environment conducive to learning or with a misleading source will be held solely accountable for the message, not MSJC, which is acting solely as the information carrier. 4. Users agree never to use a system to perform an illegal or malicious act. Any attempt to increase the level of access to which a user is authorized or to deprive other authorized users of resources or access to any MSJC computer system shall be regarded as malicious and may be treated as an illegal act. 5. A user who discovers a possible security lapse on any system is obligated to report it to the system administrator. The system must not be used until the system administrator has investigated the problem and issued a clearance. 6. Knowledge of passwords or of loopholes in computer security systems shall not be used to damage computer resources, obtain extra resources, take resources from another user, gain unauthorized access or otherwise make use of computing resources for which proper authorization has not been given. 7. Users are responsible for backup of any data that does not reside on the network drive. 8. Users agree to remain within allocated disk space and to delete electronic mail or other material that takes up excessive storage space. 9. Users agree that if any local software installed on a computer interferes with the business function and performance of the equipment, the system administrator may remove such software. 10.Users are responsible for abiding by copyright law pertaining to computer software. Computer software protected by copyright is not to be copied from, into, or by using campus computing facilities, except as permitted by law or by the contract with the owner of the copyright. This means that such computer and microcomputer software may only be copied in order to make back-up copies, if permitted by the copyright owner. The number of copies and distribution of copies may not be done in such a way that the number of simultaneous users in a department exceeds the number of original copies purchased by that department. Licenses for local software shall be made available for review upon request.

HOW WILL MSJC ENSURE THE CONFIDENTIALITY OF USERS' COMPUTER ACCOUNTS? State and federal law protect the confidentiality of student, employee and applicant records. Users understand that all records accessed are confidential and subject to College policies and federal and/or state laws.

On occasion, the Information Technology (IT) Department may need to access files for maintenance or security purposes. File owners will be notified of file access in advance, if such notice is practical. When performing maintenance, every effort is made to ensure the privacy of a user's files. However, if policy violations are discovered, they will be reported immediately to the appropriate Administrator who shall in turn discuss the violation with the user at the earliest time possible.

- 308 - Users will agree to the following: 1. Users will access only information to which they are authorized. 2. Users will maintain the confidentiality of information in compliance with College policies and federal and/or state laws. Users will keep all data, whether in electronic or printed format, confidential both during and after employment.

AGREEMENT All users of MSJC computing systems must read, understand, and comply with the policies outlined in this document, as well as any additional guidelines established by the administrators of each system. By using any of these systems, users agree that they will comply with these policies. Failure to abide by these conditions may result in denial of access to all College information systems and may subject users to formal disciplinary action up to and including dismissal. I acknowledge that I have read and will abide by the District's procedure regarding use of any District computer system.

Signed Date

Acceptable Use Policy / Adopted 09/27/01 ICTC

AP 6506 District Email

Authority The Information, Communication and Technology Committee, as a shared governance District technology committee, is responsible for administering these procedures, and is the authority to amend these procedures.

Definition These procedures outline the College rules for the proper use of the District computing systems for email communications.

Responsibilities It is the responsibility of the Dean of Information Technology to establish procedures, as needed, to ensure that the District’s computer and communications technologies are used in a responsible, efficient, ethical and lawful manner.

Procedures The information, Communication, Technology Committee has approved the procedures that follow:

Background and Purpose The campus email system is an official communication tool for college business. Casual use of the District-owned system dilutes email as an effective District communication tool and burdens the email storage system.

To facilitate email communication, distribution lists have been created to provide efficiency in the communications. Sending messages to any of the lists generates a LOT of messages. Keep this in mind when you consider sending a broadcast message, and use the smallest list possible to accomplish your goal.

College resources are expended to support district email systems and maintain the integrity of the data. It is imperative for users to follow District guidelines for email use, distribution lists, and space allocations.

Guidelines for Email Distribution Lists: There is a need, from time to time, to send official email messages to all faculty and staff on both campuses. These may include service disruptions or restoration notices, safety information, emergencies, etc. Official college communications will be sent via the ‘Everyone’ distribution list. Administrators and key personnel have access to everyone. Other messages should be directed to the most appropriate list(s) or individual(s).

- 310 - Email messages may not violate the District’s Procedures for Acceptable Use by College Employees for Computer and Communications Technology (AP 6505). Individuals may not, under any circumstance, use MSJC email for commercial purposes or for political advocacy.

Email lists supported by the District include:

List Included Groups Generated Subscription Method # of emails (approx) Staff, Generated by IT only, Everyone Administration, FT 650 with no option for self- Faculty (Note – PT deletion or inclusion. Faculty are NOT Included) Generated by IT, but Classified Staff at all sites 400 email users have self- deletion or inclusion rights. Generated by IT, but Faculty Full-time faculty at 150 email users have self- all sites deletion or inclusion rights. Associate Part-time faculty at 550 Generated by IT, with no Faculty all sites option for self-deletion or inclusion. SJC-Campus Staff, 500 Generated by IT, but Administration, FT email users have self- Faculty (Note – PT deletion or inclusion Faculty are NOT rights. Included) at SJC. MVC-Campus Staff, 300 Generated by IT, but Administration, FT email users have self- Faculty (Note – PT deletion or inclusion Faculty are NOT rights. Included) at MVC.

Replies to a broadcast message shall be made to the sender, and not to the entire group, whenever practical.

Departments or groups that make frequent or regular group mailings are encouraged to maintain their own email distribution group.

Individuals who wish to utilize the Everyone distribution list should refer to their administrator or to the Public Information Office.

District email, including distribution lists, should NOT be used for  Chain Letters  Personal events, movies, videos, or pictures

- 311 -  Solicitations  Political advocacy  Discussion topics better suited for targeted audiences  Virus Warnings (Forward these to Helpdesk for evaluation and any further action)  Graphic-intensive flyers (Ask Webmaster to post to intranet)  Birthday or party notifications or invitations  Attached Forms (Ask Webmaster to post to the intranet)  Embedded Website information with invitations to download Wallpaper or Icons  Links to web sites not related to college business  For space considerations, do not use custom wallpaper or icons within an email.

Guidelines for Email Space Allocations: Individual users are allotted a specified amount of space, or disk quota, for email files stored on the network. The disk quota is implemented in order to efficiently use district resources, strengthen data integrity, and allow for effective data recovery. The disk quota is set according to available system resources, generally around 90 MB per user. Because custom wallpaper and icons within an email take up excessive storage space, email backgrounds should be white and without custom wallpaper.

IT personnel will notify users when their accounts are approaching the disk quota. IT reserves the right to archive emails from an account if the user is unable/unavailable to manage their disk space. Items that are archived will be available on the o: drive, accessible only to the network username associated with the email.

Appeals and requests for exceptions shall be signed by the employee’s Supervisor/Administrator and sent to Information Technology.

Discussion Threads and Events: Email should not be used for ongoing discussion that is of interest to a targeted group.

Replies to a broadcast message shall be made to the sender, and not to the entire group.

A Message Board that will facilitate ongoing discussion among peers is available on the intranet. College events can be viewed and posted through the Campus Calendar on the intranet. The MSJC intranet can be found at http://inside.msjc.edu

Enforcement of these guidelines: Email users who do not comply with email procedure and guidelines may have their access to a distribution list or even access into the system revoked. Users who exceed email storage limits may have their email archived and removed from general access by Information Technology personnel. Every effort will be made to communicate with the user prior to the archive or removal of any email.

It is the responsibility of each department to ensure that all employees, including full and part-time faculty and staff, understand and abide by these guidelines.

District Use Email Policy / Adopted 01/06/2006 ICTC

AP 6507 Disaster Recovery

Authority The Information, Communication and Technology Committee, as a shared governance District technology Committee, is responsible for administering these procedures, and is the authority to amend these procedures.

Definition These procedures outline the College process for system documentation to facilitate data recovery and business continuity in the event of a major disaster or unanticipated disruption.

Responsibilities It is the responsibility of supporting staff to comply with the following procedures in order to ensure that software applications and supported systems meet the critical needs of departmental operations in the event of a system disruption extending beyond 14 hours, or a disruption that causes a system recovery to the previous recovery point.

Departmental Procedure  A Business Impact Analysis (BIA) for Disaster Recovery and Contingency Planning form must be completed by the department stakeholder, for each software application system installed, and returned to the Dean of Information Technology.  A system analysis will be done for each software system, and recorded in a formal disaster recovery and contingency planning document. The analysis shall be reviewed annually and updated as necessary by the user department, in cooperation with Information Technology.

AP 6508 Disk Management Quota

Authority The Dean of Information Technology is responsible for administering these proceedings, and is the authority to amend these proceedings.

Definition These procedures outline the College rules and procedures for Disk Management Quota in order to make efficient use of data network resources, reduce the complexity of data backup procedures, and protect systems against data corruption. These procedures facilitate district preparedness to effectively recover data for business continuity in the event of a major disaster or unanticipated disruption. The disk quota is set according to available system resources.

Responsibilities Department administrators should take steps to ensure that district storage devices are used in a responsible manner. District personnel should be prudent in cleaning up obsolete and unused files. District resources are not to be used for personal files.

Procedures Campus networked storage is an official storage device for college business. College resources are expended to support the network storage for data backup and integrity of data. A disk quota system will be set according to available system resources to encourage that storage areas are used prudently, and that users are responsible in cleaning up obsolete and unused files.

Information Technology will send an e-mail to warn users when they are approaching the limits of space allocation, to allow them time to manage their drives. To manage disk space, users should delete obsolete, unused files and archive data to media (DVD, CD-ROM, Diskette, Flash Drive). For any training or assistance to archive data, users should contact the Information Technology Helpdesk.

Appeals and requests for exceptions to the disk quotas set shall be signed by the employee’s Supervisor/Administrator and sent to Information Technology.

AP 6509 Archival of Data

Authority The Dean of Information Technology is responsible for administering these procedures, and is the authority to amend these procedures.

Definition These procedures outline the College process to archive data in order to make efficient use of data network resources, reduce the complexity of data backup procedures, and protect systems against data corruption. These procedures facilitate data recovery and business continuity in the event of a major disaster or unanticipated disruption.

Responsibilities Department administrators should take steps to ensure that district storage is used in a responsible manner. District personnel should be prudent in cleaning up obsolete and unused files. District resources are not to be used for personal files. Information Technology is responsible to systemically archive unused data to lessen the burden on system backup and recovery procedures.

Departmental Procedure Data that has not been accessed for two or more years and is stored in Departmental (J) and Public (P) drives will be archived to media and kept for three years, under these stipulations:  IT will archive the data on the 2nd Friday of every April;  IT will maintain the archived data for not less than 3 years;  Archived data will be accessible to users on the network for one year from the date of the archive;  Data that has been archived for over 1 year and up to 3 years may be restored;  A record of the files will be available from IT;  Departments will be sent a notification prior to every archive.

Data archived 1 year ago, or less, can be retrieved from the ‘Q’ drive

Please note that a “Department” folder will not be accessible to a user if they do not have permission to access it.

AP 6510 System Access

Definition These procedures outline the process for authorization of access to college-owned data.

Responsibilities It is the responsibility of the department’s Supervisor or Dean to monitor the need for Network access for new employees and to ensure that the procedures outlined below are followed. Providing Network access to an employee gives the employee rights to utilize District owned software application and provides access to files located on the District’s computer systems. An individual may have access to computer applications and college-owned data only upon approval from a departmental administrator. This access will be denied upon request from a department administrator, or when the employee separates from the District.

Departmental Procedure 1. When a department is notified of a successful recruitment, the Supervisor or Dean should initiate a Computer/Network Service Access (CNSA) form immediately. The form will have a check list of system access possibilities. The administrator should give the minimum access possible for the employee to perform the duties required as an agent of the college. The CNSA should be sent to Information Technology as soon as possible upon recruitment. Please provide five working days for system access to be established. Waiting until the employee start date may delay an employee’s system access. The online form is located on the MSJC intranet site: http://inside.msjc.edu/forms

2. If a computer, a printer, or another peripheral is to be purchased for the new employee, complete the hardware section of the CNSA form. Information Technology does not stock computers or printers. Information Technology will complete the specifications for the desired hardware, and forward the specification to the department Supervisor or Dean for approval, budget code, and signature. Items are charged to the department requesting the purchase.

3. As part of the department process for a separating employee, the department administrator (Supervisor or Dean) should initiate a Computer/Network Access Removal Request (CNAR) form immediately. The online form is located on the

- 316 - MSJC intranet site: http://inside.msjc.edu/forms. This form allows for disposition of any files the employee may have exclusive access to.

4. Submit completed forms to Information Technology for processing. Allow five (5) working days from receipt of form for processing.

5. When Information Technology does not receive a CNAR for a separated employee, the department administrator will be advised that access rights will be removed, and all files deleted, within 10 working days. Generally, Information Technology will learn about the separating employee via the Board of Trustee action item.

6. For temporary employees, the department administrator will submit a CNSA indicating temporary status. All temporary accounts are automatically terminated quarterly, unless the department administrator responds to a quarterly inquiry from Information Technology. The administrator must affirm that the temporary employee is still active with the department.

7. Student workers are not allowed system access to district owned data, which is considered proprietary and confidential. Student workers are not provided with district email accounts.

Regarding the Datatel Colleague student information system, system access is administered by data stakeholders as identified by the Colleague Application Support Team (CAST) committee. Access to data is set up by job function. Only appropriate personnel are set up to view data, and only appropriate personnel are set up to modify data. The addition of Datatel system access and assignment of a Datatel security class to an employee requires signature (email acceptable) authority from the CAST member responsible for the data. Information Technology maintains a list of employee names and assigned access.

AP 6511 Computer Equipment Release

Definition These procedures outline the College process for releasing computer equipment to the District’s shared computer pool, controlled by Information Technology.

Responsibilities An individual or department may not relinquish excess computer or communications equipment outside of District ownership.

Departmental Procedure 1. Computer equipment that is no longer utilized may be released to the District’s computer pool, controlled by Information Technology. The department administrator (Supervisor or Dean) must approve a Computer Equipment Release (CER) form. Copies of this form can be found on the college intranet at http://inside.msjc.edu/forms.

2. By releasing computer equipment into the pool, the department is relinquishing ownership of the equipment. The equipment may be given to another department and may not be accessible or returnable at a later date. If the department would like to maintain ownership of equipment, for no longer than 90 days, contact the warehouse for arrangements to temporarily store the equipment.

3. Submit the completed CER form to Information Technology for processing.

AP 6512 Telephone Moves, Adds and Changes

Definition These procedures outline the College process for telephone production problems as well as telephone moves, adds and changes to a telephone account.

Responsibilities It is the responsibility of the department administrator (Supervisor or Dean) to monitor the need for telephone requirements needed for their departments and to ensure that the procedures outlined below are followed.

Departmental Procedure For telephone production problems, assistance on utilizing a feature, equipment moves, adds, changes or requests for new telephone drops, users should complete an on-line Telephone Moves, Adds and Changes (TMAC) form. The department administrator (Supervisor or Dean) should approve the request and submit it to Information Technology. All forms are located on the intranet at http://inside.msjc.edu/forms.

AP 6513 Computer/Network Work Order

Definition These procedures outline the College process for reporting computer and network resource problems to the department of Information Technology.

Responsibilities An individual or Department should take the appropriate steps to report a network resource or computer related problem to begin the process for resolution.

Departmental Procedure A computer or network work order for staff must be submitted to the Information Technology Help Desk for service. The work order request can be submitted by email to the [email protected], by calling the HelpDesk, or by completing the Computer Work Order Request. All forms are located on the intranet at http://inside.msjc.edu/forms.

When the work order is received it will be entered in a work order tracking application, assigned to the proper person for service, and given a priority. A work order may take up to five (5) working days for service to begin, depending on the priority. The time for completion of service will vary depending on the extent of service needed.

The HelpDesk will send an e-mail confirming the completion of the work order. The work order will be re-opened and assigned an increased priority if additional service is required.

If the PC or peripheral is not operational and needs to be repaired, Information Technology will loan the hardware, if it is available, until the equipment is repaired or replaced.

AP 6514 Off-Campus Equipment Authorization

Authority. The Dean of Information Technology is responsible for administering these procedures, and is the authority to amend these procedures.

Definition. These procedures outline the College process for use of district owned equipment that is portable, or that is to be used in an off-campus environment. Equipment that is portable in nature that is intended to be used off-campus for college business does not require the equipment authorization form to be filled out unless the equipment is to be off-campus for more than three consecutive weeks. For example, cellular telephones, PDA’s, and laptop computers that are regularly transported to and from campus do not require completion of the Off-Campus Equipment Form unless kept off-campus for more then three consecutive weeks. However, users of these devices must comply with the responsibilities listed below for use of portable equipment.

Responsibilities. Occasionally it is in the best interest of the college to allow employees to use district owned equipment off campus for the exclusive purpose of conducting district business. Regarding this equipment, the Information Technology department is responsible to:  maintain this equipment in inventory;  maintain records showing to whom, and where the equipment is deployed;  oversee the warranty information;  maintain the equipment to district standards; and  service normal wear and tear.

The faculty or staff member utilizing the equipment is responsible to:  ensure the proper paperwork is completed, signatures are obtained, and paperwork is on file with the Information Technology department;  ensure the equipment is utilized for the purpose of conducting district business;  safeguard the equipment from theft and damage;  ensure that no confidential data for students or employees is stored on a hard drive, and that no confidential data is manipulated on the portable device (Use computers located behind the district data security firewall for storage and manipulation of confidential data);  assume liability for the equipment in the event of theft or damage. Should loss or damage occur, the district will be reimbursed for the full value of the equipment by the employee or the employee’s insurance (homeowner’s) policy; and

- 321 -  return the equipment to the departmental dean, or to the Information Technology department, upon employee separation.

Departmental Procedure. The process to check out district equipment is: 1. Complete the Off Campus (OFFC) form. All forms are located on the intranet at http://inside.msjc.edu/forms 2. Obtain approval from the department administrator (Supervisor of Dean) and forward to Information Technology. 3. The Information Technology department will send a confirming email back to the department dean, and the faculty/staff member who is utilizing the equipment. 4. Upon faculty or staff separation, the employee should turn the equipment in to the department dean, or to the Information Technology department.

Failure to return equipment in a timely manner could result in an investigation of theft.

- 322 - Mt. San Jacinto Administrative Procedures Community College District Chapter 6 Business and Fiscal 1499 N. State Street Affairs San Jacinto, CA 92583-2399

New: May 10, 2007 Page 1 of 4 AP 6515 Revisions:

AP 6515 Web Page Guidelines

Definition These procedures outline the acceptable web page development guidelines for college web sites.

Introduction Mt. San Jacinto College has created and will maintain a consistent, cohesive, online institutional presence on the World Wide Web (WWW). This electronic publication can play an important role in the institutional image and advancement of MSJC, and is intendend to serve a vast constituency and a number of purposes. Among these purposes is to provide both current and prospective students with an effective and accurate presentation of college information, acquaint other campuses and their faculty and administration with our school, facilitate communication within our campus and with students, expand the classroom environment through instructional Web use, and generate pride, interest and participation within our community as a whole.

Such a presentation requires coordination and quality. Information disseminated on the Web must be correct, timely, and relative while still allowing for an appropriate measure of freedom of expression. Some control is necessary in the form of oversight and review within the college. This leadership can be accomplished through a collaborative effort on the part of the MSJC Web Standards Committee and those wishing to contribute.

MSJC Web Standards Committee The Web Standards Committee will exist to be the governing body of the Web presence. The Committee may consist of members from administration, faculty, staff and students. The Committee will regularly meet on the schedule determined by the membership at the beginning of the academic year. The Committee will establish guidelines for an institutional web presence that will meet the needs of all institutional constituencies and provide a degree of standardization for the site. The Committee will review all submissions and links for inclusion into the college Web site. The Committee is to ensure that the official Web pages for the institutions are consistent and professional looking. The Committee has formulated these goals:

- 323 - The MSJC web presence should:  Reflect the excellence of MSJC academic programs, student services and activities, foundation programs and participants, faculty, staff, students and involvement with the community we serve;  Maintain a positive attitude toward all members of the MSJC family;  Utilize descriptive words, pictures, and graphics that promote goodwill and manners;  Support of the MSJC mission: The mission of Mt. San Jacinto college is to provide quality, educationally enriching experiences, programs and opportunities designed to empower students to serve as productive citizens in a dynamic and complex world.  Comply with applicable State and Federal mandates (i.e Section 508 for accessibility).

MSJC Web Standards Process A general description of the Web process is described. All information that is on the site is assigned to a ‘Content Coordinator’, a person within the appropriate business sector who has been identified and assigned to maintain the integrity of the information. The Web Coordinator will work with Content Coordinators, and it is the Web Coordinator’s responsibility to maintain the currency of the assignments by working with appropriate Administration to name Content Coordinators. Requests for additions to or changes in the web information come in the form of a Web content Request form, signed by the Content Coordinator and forwarded to the Web coordinator. In the even that the information is non-standard, the Web Coordinator will bring the request to the Committee for approval. The institutional site will be maintained by the institution up to and including an academic department. A template has been developed for Academic departments that include basic information regarding the department. The intent of the Committee is to provide a degree of consistency to the appearance and function of the site.

External Links If any institutional sector, e.g. an organization, staff member, faculty member, or department, has developed a web site the Committee will determine the appropriateness for an external link. It is the intention of the Committee to comply with requests to link to relative sites if the site is current and follows the general Content Standards identified below. The site URL and a request to link to the site should be forwarded to the Web Coordinator and signed by a Content Coordinator, Department Head, or Administrator.

Content Standards

1. The MSJC approved logo, symbol, or text that identifies the site as part of MSJC. 2. Title of organization or department. 3. A return link to MSJC Home Page (http://www.msjc.edu). 4. The department sites are highly encouraged to link their catalog course description or schedule of classes. 5. Identify a designee to be responsible for monitoring, updating and proofing for content, style and design of the page. 6. Latest revision date.

- 324 - 7. Sites are developed in compliance with the MSJC Acceptable Use Policy and applicable State and Federal mandates (i.e. Section 508 for accessibility). 8. Sites hosted on free, advertisement supported, off-campus servers (i.e. Goecities) are strongly discouraged.

Additional guidelines are suggested:

Administrative and Business Services units home page suggestions: 1. A description of the organization. 2. Administrative information. 3. A list of members and/or officers. 4. Name and email link to component head or responsible designee.

Academic Departments home page suggestions: 1. A description of department, department programs and signature programs. 2. A current list of full-time faculty and staff, their contact information with link to campus email addresses. 3. A link to appropriate section of the class catalog as it comes online. 4. A name and email link to department chair or responsible designee. 5. Link back to MSJC home site on home page.

Faculty and Staff home page suggestions: 1. Educational and professional background. 2. Classes taught/specialty. 3. A paragraph (approx. 60 words) of personal information. 4. Photo (optional) – photo service available from Web Team as time allows. 5. Time-sensitive information may be posted via FTP onto that department’s server as needed, with the individual faculty member taking full responsibility for the content and its adherence to these policies. 6. Link back to MSJC home site on home page.

Unacceptable content consists of the following: 1. Confidential information, as defined by law or MSJC policy. 2. Copyrighted materials in any form without written permission from the copyright holder. 3. Photographs or videos of any individuals without their written permission. 4. Commercial, for-profit activities or advertisements in any form. 5. Any other content prohibited by college policy or applicable law.

WWW Style Guidelines

General Appearance: Official Web pages should be consistent and professional looking. It is strongly recommended that organizations, departments, and faculty use the available templates provided by the MSJC Web Team. Assistance in Web design and development is available from the Web Coordinator and space for individual Web sites is available on the institutional server. Users requesting these services should contact the Web Coordinator.

It is recommended that external links comply with generally accepted practices, such as: 1. Avoid large and complex graphics that require a long load time.

- 325 - 2. Links that jump off the site should be kept to a minimum and used only if relevant and purposeful. 3. Links should add to MSJC’s presence, not detract. 4. Backgrounds should avoid bright, distracting colors. 5. All links are tested.

Noncompliance The Web Coordinator will review links on a regular basis to be sure the link is still active and current. Inactive, outdated, or expired links will be deleted. The Web Coordinator will notify the responsible party when a link has become eligible for deletion. In the event that a link is found to contain unacceptable content, the link will be deleted. The Web Standards Committee will review and resolve any disputes that may arise regarding the suitability of content. Thus, the responsibilities will not fall to any one party or constituency group to determine suitability of content.

Other Submissions The MSJC Web Page, like the Internet itself, is in a constant state of flux. It is Mt. San Jacinto College’s desire to promote a positive image both to the world at large as well as internally. It will strive to be responsive to the needs and concerns of the community, faculty, and staff. If you have any comments, ideas, or constructive criticisms, please contact the MSJC Web Standards Committee.

These guidelines were approved by ICTC on 3-14-2000.

AP 6520 Security for District Property

Reference: Accreditation Standard III.B.1

Authority. The Dean of Information Technology is responsible for administering these procedures, and is the authority to amend these procedures.

Definition. The district computer network has become an increasingly important resource to faculty, staff and students for academic and administrative purposes. Internal and external threats to the integrity, confidentiality, and availability of information have also increased. Security breaches have become commonplace and colleges are popular targets for attack. Critical college resources, such as student data and employee privacy information, are areas that must be protected from intrusion and inappropriate use or disclosure. Systems themselves must be set up and routinely updated so they prevent intrusion and other malicious activities.

The purpose of this procedure is to ensure that all individuals utilizing college resources understand their responsibility in reducing the risk of compromise and take appropriate security measures to protect college systems and data. Everyone at the college has a responsibility to assist with the implementation and enforcement of this policy.

Responsibilities. This policy applies to individuals, all faculty, administrators, or staff, using or overseeing college resources. Third party vendors, including cases where vendor owned and/or managed equipment is housed in or used in departments, are also responsible for the security of college systems.

Users may not, under any circumstances, allow unauthorized individuals to access their account without permission from the system administrator. Authorized users are responsible for proper use of the system, including password protection.

A user who discovers a possible security lapse on any system is obligated to report this to their administrator (Supervisor or Dean), or to Information Technology. The system must not be used until the system administrator has investigated the problem and issued a clearance.

- 327 - Knowledge of passwords or of loopholes in computer security systems shall not be used to gain unauthorized access or otherwise make use of information for which proper authorization has not been given.

Computer users should report suspicious activity immediately to their administrator (Supervisor or Dean), or to Information Technology.

This policy is especially focused on protecting critical resources and is intended to require those responsible to safeguard the resources in an appropriate manner. Each department will protect college resources and data by adopting and implementing, at a minimum, the set of security procedures provided here.

Departmental Procedure. 1All networked devices must have all available patches installed that address security vulnerabilities. Vulnerable systems face disconnection from the college network. Delaying installation until a convenient time, such as semester breaks, is unacceptable when the patch addresses security. 2 All computers connected to the college network must be running current anti-virus software, and must check for updates at least daily, preferably hourly. The minimum standard for anti-virus software is to meet or exceed the effectiveness of the software products site-licensed by the college. Non-compliant or infected systems are subject to removal from the network.

All networked devices with access to college resources shall require adequate passwords or an alternate secure authentication system (e.g., biometrics or Smart Cards). College computer account owners have a responsibility to construct, secure, and maintain their passwords in accordance with the requirements specified in the Password Construction and Maintenance Guidelines document which can be found on the IT website, or by contacting IT. Passwords will be set to expire on a regular and systemic basis.

1The college controls user access with signature authority. An administrator (Dean or above) must authorize the creation of a user account via a Computer Network System Access form. All forms are available on the college intranet site at http://inside.msjc.edu/forms. Accounts shall be created based on least privilege required to meet the needs of the account holder. Access requirements should be reviewed for changes regularly to ensure permissions are based only on current duties and responsibilities. Accounts are deactivated upon faculty/staff separation. An administrator (Dean or above) must authorize the disposition of any user files in a timely fashion (usually 10 days), or the account is automatically deactivated with no possibility of subsequent data retrieval. 2 3Accounts shall be assigned to a single individual (use of group accounts is not permitted unless special circumstances warrant it). 4 5Account owners are responsible for any activity initiated from their account.

6Accounts shall be configured to lock after repeated login failures. 7 8Accounts shall be monitored regularly by IT for inactivity and suspicious activity.

- 328 - The Information Technology department will maintain list of current users and permissions.

Devices must be configured to "lock" or logoff and require a user to re-authenticate if user leaves device unattended. The time limits will be communicated by Information Technology.

Mission-critical systems and systems containing regulatory-protected data (e.g. FERPA, HIPAA, etc.) must be located in a locked location accessible only to authorized personnel. Protected data must not be downloaded and stored on a portable device e.g. a college laptop or USB drive, to protect from data theft.

All wireless access points must be approved and installed by Information Technology. Personal computers and devices may not be directly connected to the college network as this poses a significant risk of virus infection inside the firewall.

Regarding the Datatel Colleague student information system, system access is administered by data stakeholders as identified by the Colleague Application Support Team (CAST) committee. Access to data is set up by job function. Only appropriate personnel are set up to view data, and only appropriate personnel are set up to modify data. The addition of Datatel system access and assignment of a Datatel security class to an employee requires signature (email acceptable) authority from the CAST member responsible for the data. Information Technology maintains a list of employee names and assigned access.

1Non-Compliance. Any district employee not following this policy is subject to discipline up to and including termination.

AP 6530 District Vehicles

Reference: Title 13, California Code of Regulations, Division 1, Chapter 1

District vehicles, are for official college related activities and business only. All uses must be pre-approved and meet Mt San Jacinto Community College policy and procedure guidelines. Any unsafe or inappropriate use of college vehicles or failure to follow the rules as indicated below will result in the loss of driving privileges for college- owned vehicles and may result in disciplinary action.

Please note that academic student field trips and sanctioned athletic programs have priority on the reservation list.

Purpose: The purpose of this procedure is to ensure that all regulatory authority requirements are met and that all college-owned vehicles are maintained and operated in a safe condition. Additionally, it provides drivers an administrative awareness on the proper use of college-owned vehicles.

Driver’s Qualification: 1. Must be a current permanent MSJC employee or associate faculty with administration approval. 2. Must be 18 years of age. 3. Must have a valid California driver’s license and a current DMV pull.

Fees: 1. Rental vehicles will be charged out to the using department at the actual cost. 2. A $25.00 cleaning fee will be charged to the using department for all vehicles that a cleaning is required or that trash has not been removed from vehicle.

Types of Vehicle Use: 1. District fleet vehicles 2. Rental vehicles issued via Facilities Services 3. Carts and forklifts 4. Driving a personal vehicle on District business

NOTE: District personnel are prohibited from operating buses or 12 passenger or greater vans. California law prohibits the use or the transportation of students or college personnel in larger vans of 12 or more capacity. Twelve passenger vans with

- 330 - seats removed or configured to seats less than 12 passengers are prohibited for use or rental.

Approval for Uses: 1. Vehicles must be used for official college related activities and business. 2. Complete a Vehicle Reservation Form and submit it to the Facilities office for approval. The form is located at www.msjc.edu. 3. Your Supervisor must approve the reservation before submitting to the Facilities office. Associate faculty must have dean or higher approval. 4. A current Driver Certification Form, a DMV pull, a DMV INF 1101 form, and a photocopy of your current valid driver’s license must be on file. The form is located at www.dmv.ca.gov/forms. 5. The reservation form must note if students will be passengers in the vehicle. Only District employees and District students are allowed to travel in District vehicles and names of all passengers must be provided. 6. The college reserves the right to deny use of a vehicle to any individual with a poor drivers record as evidenced, for example frequent accidents, traffic violations or for violation of District regulations or procedures.

Proper Vehicle Use: The Driver’s Obligations: 1. All forms, pre-approved, must be submitted to the Facilities office for approval. 2. If more than one driver is anticipated during the trip, additional drivers must submit and have on file a driver’s certification, DMV pull, and a photocopy of the driver’s license to the Business office. 3. All occupants are required to wear seat belts while driving or riding as a passenger in any college vehicle. 4. Operate the college vehicle in accordance with the college procedures and applicable state laws. 5. Assume responsibility for any and all fines or traffic violations associated with your use of a college vehicle. 6. Never drive while under the influence of drugs or alcohol. 7. Promptly report all accidents or incidents, to the Facilities office. 8. Smoking is prohibited in college vehicles. 9. Promptly report any mechanical problems to the Facilities office. 10.Never transport passengers such as hitchhikers, family members or friends. Such use is unauthorized. 11.No illegal drugs or alcohol may be transported in college owned vehicles. 12.No vehicle with the college plates may be kept overnight at the home of an employee, even when an early morning trip or late night return is planned unless driver has proper justification and prior approval by a District VP. 13.Anyone whose license has expired, been revoked, or is under suspension may not drive a college owned vehicle. 14.College vehicles are not to be utilized in conjunction with other forms of travel and parked overnight at transportation terminals, i.e. air travel. 15.No more than one District vehicle is allowed to travel to the same event, unless the first vehicle is full. Individuals traveling in private vehicles to same event will not be allowed mileage reimbursement. 16.Cleats are not permitted to be worn in college vehicles. 17.Sunflower seeds are not permitted in college vehicles. 18.Trash, debris and personal belongings are to be removed at the conclusion of each trip.

- 331 - Reservation: 1. Availability of vehicles is not guaranteed. 2. No guarantee of which vehicle will be reserved. 3. Reservation must be made as far in advance of travel as possible. 4. Reservations must be made by submitting a vehicle reservation form, (pre- approved by your supervisor) to the Facilities office. 5. If no vehicles are available in the MSJC fleet, a vehicle may be rented at the expense of the requestor’s department.

Pick-up and Return: 1. Keys are to be picked up at the Facilities office. 2. The vehicle must be inspected by the driver and any damage noted on the vehicle check out form. Any damage must be immediately reported to the Facilities office. The driver must complete a District Incident Report for any damage. 3. During normal business hours, keys must be returned to the Facilities office upon return. After hours, drop keys for District vehicles in the mail slot located by the front door of the Facilities office. 4. Upon return, keys are not to be given to anyone else to use. 5. Remove all trash and contents upon return. 6. Return vehicle with a full tank of gas. It is the driver’s responsibility to verify acceptance of the gas card before fuel purchase. 7. Unless overnight stay is required, vehicle should be returned by the end of the day to insure availability for the next day. 8. Departments will be charged a $25 clean-up charge for vehicles returned without cleaning out the vehicle interior of trash etc. 9. Damage to the vehicle may be charged to the requestor’s department.

Reporting Accidents and Damages: All accidents and damages, no matter how insignificant must be reported immediately to the Facilities office at 951-487-3105 or immediately upon return. 1. The driver must notify the police immediately. If the accident occurs on campus, the college police department should be notified at extension 7777; if the accident occurs off-campus contact the city police, state police or local authorities. A police report will be needed for insurance claims. 2. Seek immediate medical attention if you or occupant’s are injured, report name and where taken for treatment. 3. Make no statements concerning guilt or fault. 4. Never agree to make payments for the accident. 5. Discuss the accident only with police officers, the college insurance company and college officials. 6. Complete the Vehicle Accident Report Form located in the glove box and submit to the Facilities office as soon as possible.

Rental Cars, Vans and Buses: 1. These vehicles must be approved 14 days in advance. 2. Bus transportation may be arranged with the help of the Facilities office. All charges for buses are charged to the requestor’s department.

On Campus Carts: Electronic and battery operated carts are to be operated on campus only. Drivers must exercise the same care and caution as in the operation of any motor vehicle. Extra care

- 332 - must be observed when operating vehicles in student areas. All drivers of campus carts must be briefed by Facilities before operation with a permit and authorization form on file in the District Facilities office.

Operation of Forklift Carts and Trucks: All operators of District forklift vehicles must have current training on the vehicle and valid operators permit. Only authorized District personnel with current training are authorized to operate District owned forklift vehicles. A current copy of the operators permit or current training certificate must be on file in the District Facilities office.

Operation of Privately Owned Vehicles on District Business: These basic rules apply to drivers being reimbursed for the use of privately owned vehicles. The privately owned vehicle drivers insurance is the primary insurance responsible in the event of an incident. Privately owned vehicle drivers are responsible for any traffic tickets or violations.

AP 6535 Use of District Equipment

District equipment is for official school use only. District equipment or property will not be removed from campus or utilized for personal use. Exceptions to this policy are listed in AP6514.

AP 6540 Insurance

Reference: Education Code Sections 70902; 72502; 72506; 81601 et seq.

Authority. The Vice President of Business Services is responsible for procuring and administering the required insurance coverage.

Definition. This policy outlines the District’s required insurance coverage.

Responsibilities. Pursuant to Education Code Section 81603, the District, along with other California Community Colleges, is a member of the State Wide Association of Community Colleges (SWACC) JPA which provides for all of the District’s insurance needs and includes coverage for the following:

 Liability $5 million Limit of Liability  Professional Liability $5 million Limit of Liability Property $250,000,000 Total Insured Values  Electronic Data Processing Equipment $3,634,500 Total Insured Values  Crime $3 million Employee Dishonesty/ Faithful Performance  Equipment Breakdown $100 M Total Insured Values

Department Procedures. Any incident that may require insurance discovery/coverage is submitted to the Business Services Office for all investigative, administrative and claims adjustment services.

 Business Office is single point of contact  Claims are presented to the Board of Trustees for appropriate action

AP 6550 Disposal of Property

Reference: Education Code Section 70920(b)(6), 81450 et seq.; MSJC Board Policy BP6550

Disposal of Property As appointed by the Vice President of Business Services, Surplus Property Management is the responsibility of the Purchasing Agent. Surplus property is defined as any district owned property that is no longer usable or needed by any district program.

Departments will notify the Purchasing Office of all excess and surplus materials on the Surplus Disposal form. The form will be forwarded to the warehouse staff which will make arrangements for the pick-up of surplus materials from the requesting department. Departments cannot “hold” surplus equipment in the warehouse for an undetermined amount of time. All surplus equipment turned in by a department is eligible to other departments and/or surplus property disposal methods.

District property, surplus or otherwise, may NOT be used for personal use. Departments with surplus district may NOT dispose of surplus property nor make arrangements for trade-in or donation without the outside public or district vendors. All surplus property will be processed through the Purchasing Office.

The Purchasing Agent shall determine the fair market value of excess and surplus property. Methods used for determining value may include quotations, estimates; use of reference guides and other publications, as well as market indexes.

The Purchasing Agent may facilitate the transfer of excess or surplus materials to or between other colleges and/or eligible state educational institutions or state programs. These excess or surplus materials must be offered to other MSJC programs prior to offering them to eligible non-profit educational institutions or state programs. Eligible non-profit educational institutions or state programs receiving surplus materials must sign an agreement stating that they will not sell, dispose, or transfer this equipment for the period of one year.

Surplus property shall be offered through public auction, competitive sealed bids, established markets, or posted prices. If unusual circumstances render the above methods impractical, the Purchasing Agents may employ other disposition methods, including appraisal or barter, provided the Purchasing Agent makes a written determination that such procedure is advantageous to the district.

- 336 - Methods of disposition of surplus materials:

1. Public Auctions may be used to dispose of surplus materials. These auctions shall be advertised at least two(2) times prior to the auction date, the last notice to be no less than six days prior to the auction date. All the terms and conditions of any sale shall be available to the public at least 24 hours prior to the auction date. 2. Competitive sealed bidding may be used to dispose of surplus materials. Notice for Sale bids shall be publicly available from the Purchasing Office at least ten days before the date set for opening bids. Notice of the Sale bids shall be mailed to prospective bidders, including those bidders on lists maintained by the Purchasing Office. The Notice for Sale bids shall list the materials offered for sale, their location, availability for inspection, the terms and conditions of sale, and instructions to bidders including the place, date, and time set for bid opening. Bids shall be opened publicly.

The award shall be made in accordance with the provisions of the Notice for Sale bids to the highest responsive and responsible bidder, provided that the price offered by such bidder is acceptable to the Purchasing Agent. If the offer is determined to not be advantageous to the district, the offer may be rejected in whole or in part and the bid process will be re-solicited. 3. Trade-in options may be used to dispose of surplus materials. Before surplus materials are disposed of by trade-in to a vendor for credit on an acquisition, the Purchasing Agent or designee shall approve such disposal. The Purchasing Agent shall base this determination on whether the trade-in value is expected to exceed the value realized through the sale or other disposition of such materials. 4. Some surplus materials may be deemed as “scrap” by the Purchasing Agent. These materials are past a useful life; broken beyond repair; cannot be donated; or were unsold at a public auction or bid. The Purchasing Agent shall negotiate a price through a scrap dealer for these materials or dispose of surplus materials in an appropriate manner.

AP 6600 Capital Construction

Reference: Education Code Section 81005, 81820; Title 5, Sections 57150 et seq.

The Vice President of Business Services will annually report to the Board and to the State Chancellor’s Office a five year capital outlay program. The Program will consist of the plans of the District concerning its future academic and student service programs, and the effects of such programs on construction needs.

Specifically, the five year capital outlay program will include the following:  Statement of educational plans  Statement of energy plans  Statement of handicapped barrier removal plan  Location of program delivery  Location of other owned lands  District-wide priority lists  District-wide capacity/load ratios  District-wide supporting detail

Construction contracts will be let in accordance with Administrative Procedure 6350 and will comply with applicable laws relating to public works.

AP 6620 Naming of Buildings

Naming of Colleges The Superintendent/President shall recommend to the Board of Trustees the name to be given to a new college, and recommendations for changing names of existing or proposed college sites.

Naming of Buildings and Facilities Components A. Buildings may be named only by action of the Board of Trustees on recommendation of the Superintendent/President.

1. To recognize distinguished service to the Mt. San Jacinto Community College District (MSJCCD) and/or the community;

2. In memoriam to an individual or family that has contributed in some manner to the community, state, or nations;

3. As recognition for a donation of 50% or more of the total project cost (or a lesser amount on recommendation of the college President) of a new building construction, or of a major building wide renovation.

B. Parts of buildings or particular areas (wings, classrooms, patios, gardens or other identifiable features) may be named by action of the Board of Trustees on recommendation of the Superintendent/President:

1. To recognize distinguished service to the MSJCCD and/or the community;

2. In memoriam to an individual or family that has contributed in some manner the community, state, or nation;

3. As recognition for a donation, usually of an amount that equals or exceeds 50% of the cost of the specified building feature to be named. The following schedule shall serve as a guideline, consistent with the recommendation of the Superintendent/President:

a. As recognition for a donation of $500,000 and above for a building wing or floor; b. As recognition for a donation of $100,000 and above for an auditorium, theater or similar major building component;

- 339 - c. As recognition for a donation of $50,000 and above for a major lecture hall, classroom or similar building feature;

d. As recognition for a donation of $25,000 and above for a standard classroom or laboratory space;

e. As recognition for a donation of $10,000 and above for a conference room or office space;

f. As recognition for a donation of $5,000 and above for recognition on a wall of honor in a building of the donor’s choosing;

g. As recognition for a donation of $1,000 and above for a donor wall.

C. Naming of buildings or facilities components in honor of an employee or trustee of the District will occur only posthumously, or after separation from the District for at least three years, or upon a finding by the Board of Trustees that the individual has contributed in an extraordinary manner, above and beyond the call of duty, to benefit the interests of the college. In any case, names on buildings or building features shall be limited to the use of the family name, unless the naming occurs posthumously.

D. Names on buildings and building features may be maintained if feasible through subsequent remodeling and/or renovation projects that may occur, at the option of the applicable college’s president. If it is determined that names cannot be preserved due to major alteration or demolition, each college may make a suitable arrangement to preserve the name on a monument, plaque, or tablet specifically created for this purpose.

E. An agreement between the District and the donor shall be prepared in writing to memorialize the conditions associated with a donation that results in the naming of a building or building feature. Copies of the agreement shall be maintained at the college and at the District’s facilities office.

Other Naming With all due respect to faculty, students, friends, staff and other parties, the placement of place cards, monuments, tributes or other identification devices are restricted to the conditions noted below.

A memorial plaque may be placed in each department to recognize individuals who have made outstanding contributions to the District and who may wish to be recognized by departments or groups of the District. All plaques shall be of standard size and type, 3x5, 5x7 or 8x10 and ordered by the District purchasing department. All plaques will be pre-approved by the Facilities Committee and the Vice President of Business Services.

AP 6700 Facility Use

Reference: Education Code Sections 82537, 82542; Public Resources Code § 42648.3

All events and activities must have the prior approval of the college President or his designee(s) before they will be permitted to occur on college property. College facilities may be made available for use by organizations conducting public educational, research, cultural, civic or community activities as limited by this policy and provided that these activities do not interfere with the educational priorities of the institution.

How to Qualify  All requests for campus facilities must be submitted to the District Facilities Department, Building 700. Any organization wishing to hold a meeting on the college campus shall provide the following information: o Name of sponsoring organization o Name of person in charge of arrangements o Number of participating individuals and names of speaker(s) o Nature of proposed meeting o Desired dates and times o Type of facilities desired o Desired special equipment or arrangements  If the desired facility is available, and the organization meets the criteria in the contract for the use of the facility the form will need to be completed and returned by the group representative prior to final approval. All requests should be made at least two weeks prior to the date of the planned activity to insure adequate scheduling of space and services.  Requests for facilities do not become effective until after the appropriate administrator approves the contracts. No publicity should be released until a signed copy of the contract is returned to the user. Publicity for all non-college sponsored events must include the name of the sponsoring organization. This publicity must not be structured so as to imply MSJC sponsorship.

Rental Regulations and Procedures  Facilities are rented to qualified individuals and organizations on a time-and-space available basis. In order to prevent conflict among groups that seek to use the facilities at the same time, the following priority system and classification of users has been established: 1. College groups including student, faculty and administrative organizations 2. Public School Districts

- 341 - 3. Community groups qualifying as educational research and/or non-profit organizations supported by communities in the College Service District 4. All other groups including local professional associations, private organizations and individuals

 The college nor its agents accept responsibility for the goals or beliefs of any user organization. Authorization for use of college facilities shall not be considered as endorsement of or approval of any group or organization nor the purposes they represent.  MSJC reserves the right to deny use of facilities to any individual or group dependent upon time and space availability, and regulations set forth elsewhere in this document which govern user priority determination and limitations of use. In addition to these constraints, the college may, at any time, deny the use of facilities to any individual or group based upon any of the following reasons: o The requested facilities and/or the necessary personnel to operate them or to set up for the event are unavailable for use or exempt from use at the requested time. o The applicant and the college are unable to reach agreement on terms and conditions for the requested use. o Supervision is not sufficient to safeguard college properties, students, and/or participants, or if in the opinion of the VP of Business Services or designee, the requested use would be likely to substantially disrupt the normal operations of the college. o The requesting group or individual has, in the judgment of the college, previously abused or failed to meet the conditions of a facilities use agreement. o The activities of the individual or group requesting use of the facilities are inconsistent with the purposes and objectives of the College or are incompatible with previously scheduled activities. o The activities of the individual or group requesting use of the facilities are inconsistent with the designed use of those facilities for college purposes. For example, certain types of activities that could result in damage to the gym floor may be excluded. o If actions resulting from such application or permission constitute unlawful activities, violate college policy, or if in the judgment of the administration of the college, actions resulting from such application or permission present imminent danger of unlawful activity. o If the individual or group requesting facilities, advocate changes of the government by unlawful means not meeting college criteria. o If a prospective user discriminates in selecting its members or employees or restricts attendance on the basis of race, religion, gender, creed, sexual orientation, age or national origin. o If a prospective user plans to use the facilities on a continuous basis which places limitations on the use of public property to support religious activities.

Arrangement and Conditions  General Provisions o Organizations or individuals using campus facilities on weekends and college holidays will be charged custodial/technical services at current hourly rates of time and one-half for a minimum of four hours.

- 342 - o If special clean-up and/or set-up services are required, the user organization will be billed for the special services. o Each user organization shall designate a contact person to be responsible for any theft or damage to equipment and/or facilities. This same person will also be responsible for confirming set up and equipment requirements and initiating rental fee payment. o Reservation commitments are not final until approved by the appropriate administrator. o Financial negotiations regarding custodial and rental expenses shall be governed by policy guidelines. o Meeting rooms or classrooms shall not be rented to non-college groups for several dates in succession.  Food Service – All food service and use of the Student Center Cafeteria shall be arranged with the Director of Food Services o Catered Events – The campus food service provider shall have access to college facilities to provide services for catered events. Clients (other than college sponsored programs) using catering services shall rent the facilities at published rates. o Facility Rental – When clients contract directly with the campus food services provider for food services and facility use, the food services provider may include the cost of facility rental in the client’s fees. o Set Up and Security – When using the college facilities for non-college catered events, the food services provider shall be responsible for set up, clean up, opening and closing the facilities, and in general, providing building security while the event is in progress.  Supervision o A custodian, security person or other authorized representative of the college must be on duty and in the building when facilities are being used by a non-college organization. Before scheduling events, college personnel shall confirm supervision of said events by college employees. Supervision for each event will be identified on the facility rental agreement form. o The college may hire one of its faculty or staff members to supervise a meeting or event. The charge for such services may be added to the facilities use contract. o Exempt Facilities – Some facilities, such as the photography laboratory, the learning resource center, science labs, vocational shops, etc., because of their specialized nature, may not be available for non-college groups.  The college does not rent or lease facilities for public dances.

Violation of Responsibilities  College officials shall have the right to terminate a contract immediately and without notice upon its discovery of a violation of any term, condition or provision of this policy.  Contracts will be terminated immediately if, in the judgment of the administration, present imminent danger exists or unlawful activity is practiced by the using organization.

Rental Fee Categories  Rental fees include routine custodial services during normal working hours. Any custodial/security/technical services required in addition to the routine service

- 343 - normally provided shall be paid by the user at current rates which may include overtime. If the user requests a room set-up that is other than the standard arrangement for the room, the user shall reimburse the college for services rendered.

 The MSJC Theater will not be available without the service of the college theater technician. Additional charges based on hourly salary rates will be added to rental fees for the services of a technician.

 Interactive video facilities may be used only for approved teleconference activities. The fee for use of such facilities must include the cost for services of a college technician.  Use of the gymnasium may be classified into the following three categories. These classifications will qualify users for a particular rate on the rental schedule. The college shall have the option to charge rates that, at their determination, are consistent with rental policies. o Type I – College o Shall apply to activities sponsored by the College or the MSJC Foundation. Fees will not be charged to the College or the MSJC Foundation. However, special functions and staffing will be charged for use of the theater technician and for any extra custodial services required. o Type II – Public Service Use o Shall apply to local public agencies and local and federal government agencies. Shall also include organizations that charge fees for solicit contributions to be used for the welfare of the students in the college district or for charitable purposes that are sponsored by established organizations in the community, i.e. churches, civic and service organizations. This classification shall also be applied to non-profit special interest groups and to faculty or staff who wish to use the facilities for private purposes.

Rental Rates Facility 1-4 Hours Full Day Theater $150 $250 Student Center $ 75 $150 Gymnasium $150 $250 Classrooms $ 10 per hour $ 50 Conference Rooms Pro-rated Monthly

o Type III – Commercial Use o Shall apply to organizations that charge admission fees or soliciting contributions where the net proceeds are destined for other than welfare or charitable purposes. o A deposit of 50% of the agreed rental fees may be requested to accompany a facilities rental form. This deposit will be refunded if a cancellation notice is received at least two working days prior to the scheduled event.

Rental Rates Facility 1-4 Hours Full Day Theater $200 $350 Student Center $100 $150 Gymnasium $250 $350

- 344 - Lecture Rooms $ 50 $ 75 Classrooms $ 10 per hour $ 50 Classrooms w/ Computers $20 per student/hour plus technician Long-term Office Space $12.00 per square foot per year (pro-rated monthly)

 Additional charges for custodial/technical/security/equipment, etc. used during rental of college facilities.  Charges for weekend and holiday use will include the services of at least one college employee to open the facility, stay on duty during the period of use, and close the facility.  If additional technical, security or custodial services are required in the opinion of the administration or at the request of the using organization, additional charges shall be made. A schedule of rates may be obtained at the Student Activities Office.  Equipment Rental Rates – only with the approval of the appropriate Vice President or Dean (subject to change yearly).

Liability  The posting of an adequate bond or deposit as determined by the administration or a certificate of insurance will be required. Organizations will be required to furnish evidence of proper liability and property damage insurance before any rental agreement is consummated.  The amount of the insurance for liability and property damage is at the discretion of the Vice President of Administrative Services and proof of coverage will be presented to the Vice President at least seven days prior to the date of the event. The college will be named as an additional insured on such liability insurance policy or certificate.  In consideration for the permission granted to the user for use of college facilities and in consideration of the fee charged by the college for use of its facilities, the user shall release the college and its agents, employees or officers, from all debts, claims, demands, damages, actions and causes of action whatsoever, which may occur as the result of the use of college facilities. The user shall further agree to protect, indemnify, and hold harmless the district, college, and its agents, employees, and officers from any claims, demands, actions, damages or causes of action directly or indirectly arising out of the use of the facilities or premises. Any group or individual applying for the use of a college facility shall accept financial responsibility and liability. Application for a college facility shall constitute acceptance by said group/individual of the responsibility stated above and willingness to comply with all rules and regulations regarding the use of college facilities.

Damages  The user organization is responsible for and shall be liable for any repairs or replacement occasioned or made necessary by the negligence of or misuse of the facility. In some cases a guarantee deposit may be required and placed with the college. Damage to college equipment, including state, audiovisual, or lighting equipment during and by reason of the occupancy of the premises by the user, shall be paid from this guarantee deposit. The balance, if any, shall be returned to the organization making the deposit. If the guarantee deposit is not sufficient to cover the damage, the group using the facilities will be billed for the difference.

- 345 - Payment  Payment of all fees will be made to MSJC.  User organizations located outside of the college service district shall make payment of rental and/or technician fees sever (7) days in advance of scheduled events.

AP 6701 Key Control

Applicability: All persons who are issued keys to property or facilities belonging to Mt. San Jacinto College (MSJC).

Exceptions: There are no exceptions to this procedure unless approved by the President or Vice President of Business Services

Procedure: We realize access to facilities is essential to the smooth and efficient operation of the college, this need must be balanced with an equally critical concern for the security of the facility, its contents, and the occupants.

In general, the policy of this college is to issue keys for its facilities only to eligible individuals based on a rationale of need and not solely as a matter of convenience.

Whenever possible, individual door keys are issued. Master or sub-master keys are not issued with the exception of selected administrators and other individuals with designated authorization. This minimizes the need for re-keying in the event that keys are lost or stolen.

Responsibility for College Access and Key Control: The primary responsibility for security patrols of buildings and grounds rests with the Maintenance and Operations Department. They are responsible for college key distribution and authorized to initiate and implement this procedure through the Vice President of Business Services for MSJC.

Approval or disapproval of all key requests Maintenance and Operations issues keys to individuals or departmental designees authorized to control keys and conducts an investigative review of each instance of key loss or theft and recommends corrective measures. Maintenance and Operations conducts periodic audits of campus departments to determine status of authorized keys and approves all new access control systems and modifications to existing systems

The primary responsibility for maintenance and service of buildings and grounds rests with Maintenance and Operations Department. They are responsible for all maintenance, repair and installation of locking systems which:  maintains current and accurate key control records;

- 347 -  creates and maintains a keying system that provides security and reasonable access to departments occupying campus facilities;  makes all keys and combinates all cylinders;  maintains a secure file for original keys furnished with all new buildings, additions, or renovations;  issues periodic reports as required;  performs all maintenance and repairs of locking systems; and,  consults with the MSJC Police Department concerning records of lost or stolen keys and decisions to re-key.

All college property that is secured by locking devices shall be secured by locks having the capability of being combinated to the college master key system. Limited exceptions apply; The President’s Office, Human Resources, Bookstores and Cafeterias.

All keys remain the property of the college. Obsolete or unneeded keys must be returned to Maintenance and Operations Department to clear the account of the person to whom they were assigned, as well as to cancel liability of the authorizing department.

Individuals are limited to one key per room or area.

Approving Authority for Keys: The following unit administrators are authorized to control the issuance of keys to individuals within their assigned areas:  President (master keys)  Vice Presidents (master keys)  Deans  Directors  Department Heads or Chairs

This authority is recognized by means of a “Key Authorization Form” submitted to Maintenance and Operations Department. No key will be issued without the written approval of one of the unit administrators mentioned above.

Unauthorized Use and Reproduction of Keys: No person shall knowingly possess an unauthorized key to property owned by MSJC. No person shall duplicate any key to property owned by MSJC. Violation of these procedures shall constitute a misdemeanor, as described in the California Penal Code § 469, “Any person who knowingly makes, duplicates, or causes to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor”.

Requests for Re-keying: When circumstances warrant, departments may request re-keying of locks. These requests may arise from new access needs, lost keys, change of personnel, or other conditions. Requests for re-keying should be submitted in writing to Maintenance and Operations. All requests are reviewed to determine the appropriate action to be taken. Requests for re-keying are not considered routine maintenance, and departments requesting re-keying are billed for this service.

- 348 - Special Door Locks: Under most circumstances, the college does not allow the installation of door locks that do not conform to the standard lock systems in use on the campus. Departments may not order and/or install any locking device on any door.

Departmental Keys: Departmental keys are those used by several people within a department. They are for use during normal working hours and are not to be taken home by those using them, but must remain secured at the college when not in use.

A designated member of the department has custody of these keys and is responsible for them. Departmental keys must be kept in a secure cabinet, approved by MSJC Police Department when not checked out and signed for on an approved log to be maintained by the designated responsible person.

Vendor and Contractor Keys: Vendors and contractors needing access to portions of college property (telephone service, elevator service, vending, etc.) are only issued keys through Maintenance and Operations. Should the key be lost or not returned upon expiration of the period of usage, vendors and contractors are responsible for re-keying costs to all affected facilities. Prior to keys being issued, vendors and contractors are required to sign an agreement to pay all re-keying costs for areas affected by lost or non-returned keys.

Lost or Stolen Keys: Lost or stolen keys must be reported to the MSJC Police Department, Maintenance and Operations and your immediate supervisor within 24 hours of the discovery of the loss or theft. A statement of how the keys were lost must be completed on the Lost or Stolen Key form and forwarded to the MSJC Police Department for investigation.

Individuals who are issued college keys are responsible for their safekeeping and for any charges associated with their loss or theft. Individual desks are not considered secure storage for college keys. Fees for the replacement of keys reported missing or stolen from desks, cabinets, lockers, or similar places are assessed as outlined in this procedure.

Replacement keys are issued only after submission of a new, completed Key Request Form to Maintenance and Operations and after payment of lost key charges. Should re- keying be necessary, the cost is paid by the individual or his or her department.

Charges for lost or stolen keys are set by Maintenance and Operations and approved by the Vice President of Business Services. Charges are reviewed annually for adequacy and adjusted as deemed necessary.

Current charges are as follows: Type of Key Charge Individual Door $10 Outside Door $20 Sub-Master $50 Master $100

Regardless of the number of keys involved, when keys are lost or stolen, no individual is required to pay more than $500 and no department more than $10,000 per occurrence.

- 349 - As a general rule, if keys have been lost or stolen, this policy calls for the re-keying of rooms, areas, or buildings.

An investigative review is conducted by the MSJC Police Department in each instance of lost or stolen keys. The mandatory re-keying policy can be waived only upon written notification by the Department Head or Chair and concurrence by the responsible Dean and Vice President

Miscellaneous Requirements and Prohibitions: The exchanging or lending of keys between individuals is prohibited.

When keys are no longer needed by an individual or department, they must be returned to Maintenance and Operations. Upon termination of an employee authorized to hold a key, the key is returned immediately to Human Resources or the authorized holder is transferred to the department name for later reissue so that the terminating employee is released from any further liability.

It is the responsibility of the person assigned to an office or laboratory to ensure that the door is locked when leaving the area or at the conclusion of work.

Procedure: Responsibility Action Department or Unit 1. Complete Key Authorization Form. After assignee signs the responsibility statement, record the key distribution. 2. Forward the Key Action Form to the approving authority for signing. 3. Upon signing, send the original Key Action Form to M & O. MSJC M & O 4. Verify the approving signature and transmit the approved request to the Maintenance & Operations Department for manufacture. 5. Maintain a sequence file for each key code, listing the names of all people issued a key cut to that code, along with the key numbers and status of each key. Authorized Key-Holder 6. Requestor picks up keys at Maintenance & Operations by showing photo ID. Department or Unit 7. Upon termination of an employee authorized to hold a key, return the key immediately to MSJC Maintenance & Operations or transfer the authorized holder to the department name for later re-issue so that the terminating employee is released from any further liability. Mt. San Jacinto Administrative Procedures Community College District Chapter 6 1499 N. State Street Business and Fiscal Affairs San Jacinto, CA 92583-2399

- 350 - New: April 18, 2007 Page 1 of 1 AP 6702 Revisions: AP 6702 Community Service Workers

1. Line up workers 2. Check and match valid identification and drivers license 3. If they do not have a valid Identification Card they will be dismissed 4. Safety rules: a. Golf carts are for MSJC authorized staff only. Anyone driving a golf cart will be asked to leave. b. Do not drive trucks, cars, forklifts or other vehicles during work hours. c. Use extreme care when operating any mechanical equipment such as lawnmowers, etc. Wear safety goggles. d. Turn off unit and disengage electrical power or spark plug before checking for power or servicing unit. e. Do not climb ladders or buildings unless under the direct supervision of a District Supervisor. f. Use care and caution during the workday, watch for staff, students and fellow workers. 5. Explain Work Rules: a. Come in on time! Sign in and leave ONLY when dismissed. b. Do not sign out until relieved of duty. c. Duty hours are 8 to 10 hours per day. d. Do not leave campus grounds during the work day for any reason. e. Do not go to or near your car during the work day. f. If you forget your lunch, vending machines are available in the student lounge. g. No cell phones allowed. h. Campus phones and communication systems are off limits. i. No visitors are allowed. j. No weapons of any kind allowed on campus. This includes a knife of any size. k. No drugs, alcohol or controlled substances allowed on campus. l. If you do not want to work and work hard, leave now. m. If you are late or leave early you will be relieved of duty. No exceptions! n. Do not ask for or give excuses. o. If you talk back or fail to perform work you will be asked to leave. p. Performance problems or conflicts will not be tolerated. q. Violators will be reported and you will be relieved of duty.

Work Assignments End of day sign-out and check ID if necessary and you are dismissed for the day.

AP 6740 Citizen’s Oversight Committee

Reference: Education Code Sections 15278, 15280, 15282

The Citizen’s Oversight Committee is established.

Purposes To inform the public about the expenditure of bond revenues; To review and report on the proper expenditure of taxpayers’ money for school construction; and To advise the public as to the Mt. San Jacinto Community College District compliance with the Proposition 39 requirements as contained in the California Constitution.

Activities Receive and review copies of the annual, independent performance audit; Receive and review copies of the annual, independent financial audit; Inspect school facilities and grounds to ensure that bond revenues are expended in properly; Receive and review copies of any deferred maintenance proposals or plans developed by the Mt. San Jacinto Community College District; and Review efforts by the Mt. San Jacinto Community College District to maximize bond revenues by implementing cost-saving measures.

Members The committee shall consist of at least seven (7) members to serve for a term of two (2) years and for no more than two (2) consecutive terms. Members shall serve without compensation. The committee shall be comprised of at least: One member active in a business organization representing the business community located within the district; One member active in a senior citizen’s organization; One member active in a bona fide taxpayer’s organization; One member of a student both currently enrolled in the Mt. San Jacinto Community College District and active in a campus group. The student may serve up to six (6) months after his or her graduation; One member active in the support and organization of a district No employee, official, vendor, contractor, or consultant of the Mt. San Jacinto Community College District shall be appointed to the committee.

- 352 - Assistance The Mt. San Jacinto Community College District shall provide the committee with any necessary technical or administrative assistance, as well as other resources, to publicize its conclusions.

Public Meetings Meetings shall be open to the public and notice provided in accordance with the provisions of open meetings laws.

Reports At least once a year the committee shall issue a report on the result of its activities. Minutes from its proceedings, all documents received, and reports issued are a matter of public record and shall be made available on an internet website maintained by the district.

AP 6750 Parking

Reference: Education Code Section 76360; Vehicle Code Section 21113

These procedures are intended to promote safe and orderly movement of traffic within District property for the safe and orderly parking of vehicles and bicycles.

All applicable provisions of the California Vehicle Code are expressly applicable both on and off paved roadways.

Parking of motor vehicles and bicycles is limited to specially designated areas. Fee permits are required. Vehicles or bicycles parked in violation of the provisions of this code are subject to fines, towing, or impoundment.

All persons who enter on the college are charged with knowledge of the provisions of this procedure and are subject to the penalties for violations of such provisions.

Parking Fees are authorized by the Board of Trustees. Changes to the Parking Fee require Board Resolution.

In accordance with Section 21113a of the California Vehicle Code, it shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in these procedures.

AP 6850 Hazardous Materials

Reference: Title 8, Section 340 et seq.

Spills and Suspected Leaks: Notification: In the event of a hazardous material release, or threatened release, immediately notify the appropriate authorities. This is to be done as soon as possible without delaying the immediate control of the release or threatened release or delaying emergency medical procedures.

Emergency situations follow the procedure below: 911 Local emergency response agency (e.g., police, fire, and/or medical) Notification shall include the following information:

1. Exact location of release or threatened release. 2. Name of person reporting and call back number. 3. Hazardous material(s) involved. 4. Estimated quantity of the hazardous material(s). 5. Potential hazards presented by the hazardous material(s).

Emergency actions: In the event of a large spill, the following action shall be taken:

1. Turn power off at electrical panel, if it is safe to do so. 2. Evacuate employees and customers to a designated staging area. 3. Identify location of storm drain and block it with designated equipment. 4. Utilize the emergency spill kit as necessary. Kit located by fuel pumps in sealed drum. 5. Emergency Coordinator (predetermined employee) shall meet with responding agencies.

Immediate reporting IS NOT required if there is a reasonable belief that the release poses no significant present or potential hazard to human health, safety, property or the environment.

Small Spills: In the event of a small spill the following actions shall be taken:

1. Notify Emergency Coordinator.

- 355 - 2. Contain the spill with the spill kit. 3. Contain spill and secure area so that no one comes in contact with the spill. This can be accomplished using absorbent material or other cleanup material and high visibility cones or hazard tape. 4. Eliminate any potential ignition sources, such as automobiles and cigarettes. 5. Arrange for proper disposal of the absorbent.

Recommended Spill Kit: A kit for cleaning up a small spill shall contain at least the following items:

1. Bag(s) of absorbent as well as absorbent pads or coils. 2. A drum or other suitable container for the storage of used absorbent. 3. A flathead shovel, broom and dustpan. 4. High visibility cones and hazard tape. 5. Gloves, coveralls, safety glasses or goggles and protective boots.

AP 6900 Bookstore

Web Sites: Menifee Valley Campus http://eagleshop.msjc.edu/msjcme/ San Jacinto Campus http://eagleshop.msjc.edu/msjcc/

E-mail Address: [email protected]

Locations: Menifee Valley Campus - Building 250 San Jacinto Campus - Building 1450

Hours of Operation: Monday - Thursday, 7:45 a.m. to 7:00 p.m. Friday, 7:45 a.m. to 12:00 p.m.

Customer Service: Treat customers the way you wish to be treated. Serving customers is our #1 priority.

Greeting and Assisting Customers: 1. Greet the customer as they walk through the door, smile, make eye contact, be sincere and enthusiastic. Example: “Hello, good morning, how are you today? Would you like assistance in finding anything?” 2. Always be friendly, attentive, knowledgeable and professional. Suggest items that accompany or are related to the products the customer is purchasing. 3. Also, handicapped customer assistance is crucial. 4. Anytime you do not know the answer to a customer’s question, find someone who does. 5. To find a book for a customer, look up (in the booklist or on the tags on the shelves), the course title, then section number. Example: English 101, section 1234. Then let customers know what the booklist or tag says. If a customer received the wrong book apologize, and help them get the correct one.

- 357 - 6. The primary goal of customer service is to keep customers coming back. This can be accomplished by going the extra mile to provide personalized service to every customer.

Customer Service can be divided into four subcategories: 1. Service - Make serving others your #1 priority. You’re in a noble profession. Be proud of what you do and where you work. 2. Attitude - Choose your attitude. How you think about customers is how you will treat them. Mentally tell customers, “I like you.” If you like the customer, they know it. 3. Consistency - Customers return because they like what happened last time. Stick to your high service standards. 4. Teamwork - Make each other look good. Everything you do ends up in front of the customer. Try to connect with the customer, offering your special touch to exceed his/her expectations. Customer service is more than being nice.

Suggestions for promoting personalized and exceptional service: 1. Give the customer your full attention, whether in person or on the phone. 2. If on the phone, take the time to provide the information the customer needs (according to bookstore guidelines) without making them feel rushed. 3. Walk customers to the location of their books and offer to carry them to the register. 4. Faculty are customers too and need to be treated as such. Give them personalized help or guide them to the person they are looking for. 5. Be inventive. Always look for new ways to improve the customer’s shopping experience. There are some things, however, that we just can’t do for the customer. What happens if the customer wants something that you can’t give them?

If you can’t say yes, don’t say no. The customer likes to know that he/she has options and that you are willing to work on establishing those options. Here’s a scenario:

Bill calls and requests an ISBN number. Rather than telling him no, you tell him, “I’m sorry, our store policy does not permit me to give ISBN numbers over the phone. Let me see what I can do for you. If you like, I could provide you with the author, title, and edition, or you could come down and get the ISBN number in person.”

Rather than telling Bill no, you have given him two options to solve his problem. Also, notice the two underlined phrases “I’m sorry” and “for you.” By apologizing, you empathize with the customer’s problem. By say “for you”, you let the customer know you are working personally for him. Both phrases make the customer feel as if he is getting special service.

Never! Never! Never! 1. Talk negatively about a customer in front of another customer. If you insult one customer, you insult all customers. 2. Talk rudely to or about a co-worker in front of a customer. This discredits the bookstore in the eyes of the customer. 3. Use slang: dude, man, dog, hun 4. Leave a customer with unanswered questions. If you don’t know the answer, find out or direct them to someone who does.

- 358 - Phone Procedures: Be as courteous on the phone as you would be in person. Example: “One Stop Eagle Shop, this is (name). How may I help you?” Note: We DO NOT give ISBN’s or prices over the phone.

Book Holds: If a book title is not in stock, inform the customer on the phone, also you may take a special order for them. Fill out the special order form, and assure the customer that they will receive a phone call as soon as their book arrives, and that we will hold it for them.

Your Job! There will always be something to do:  Face and refill, drinks and snack, checking expiration dates and pull those items which have the previous date or before.  Go through isles and tidy books and other products, restock when needed.  Go through clothing and organize according to size, color, style, etc.

Keep the Store Clean: Dust, sweep, vacuum, empty trash, keep registers organized, put away returned books, and other items.

A Few Rules!  When you are here for work, you are to work, not socialize with friends. If you are not here for work, you need to make your purchase, and leave.  No eating or drinking or chewing gum, except on your break, never at the register.  Nametags are to be worn at all times when working.  Wear appropriate attire for your own safety, open toed shoes are worn at your own risk!  No personal calls while working.  You are responsible for filling out your time sheet correctly. FALSE ACCOUNTING OF HOURS WILL LEAD TO IMMEDIATE TERMINATION. Time sheets must be signed and include Social Security number.

Breaks: 3 hours = 10 minute break 6 hours = 10 minute break plus MANDATORY 1/2 hour lunch, to be deducted from hours worked. Example: 12:00 - 6:00 = 5.5 hours on time sheet

Cashiering: Greet customers, ask payment type, and for ASB card, scan items, suggest other items they may need. Give customer their total. We require a picture ID for every payment method other than cash. When receiving cash, count it out, confirm amount with the customer before continuing. Change is to be counted back. Staple the receipt to the refund policy, briefly explain policy, bag items, and thank customer. We accept cash, check, Visa, Master, Discover, and on accounts (accounts that are accessed through financial aid and the register). We do not give cash back! With credit cards, if the name on the card does not match the customer, the customer must have a signed note from

- 359 - the owner of the card giving permission for the customer to use the card. With checks, we must get the student ID number or driver’s license number. You must write your initials, on every check you receive. Written amount must match numeric amount, and be correct. Checks must be signed and dated. WE DO NOT ACCEPT CHECKS THAT ARE NOT IMPRINTED.

Cash Handling Procedures: You will be held accountable for your drawer. It is your responsibility to verify your starting bank of $200.00. When closing out your register it is your responsibility to add all checks, Master Card, Visa, Discover, and on accounts. Your adding machine tape should be attached to you receipts. Count your cash and place in plastic bag with your register details. Place your starting bank of $200.00 in the designated blue bag and write the number of the blue bag on your register report. The outside of the plastic bag should include the following: date, register number, your name, and the amount of actual cash which you put in the bag. Once this is done it is your responsibility to seal the bag and log the bag into the safe log which is kept in the middle office. On the log you need to include the bag number, register number, amount in the bag, your initials, and the initials of the person who drops your bag in the safe. Please keep in mind only your name and password should be on the computer. Don’t allow anyone else to work under your name and password. If the policy is not followed on a daily bases you will be terminated.

Security:  Good customer service is a strong deterrent to theft. Offer help to all customers, and walk them to their books.  A sales associate must be present on the sales floor at all times. Avoid congregating into offices, stockroom, break room or outside while leaving the sales floor empty.  Be vigilant. Periodically walk the isles. Restock shelves. Make your presence known without stalking. We need to keep the honest people honest. Standing around increases the opportunity for theft.  During rush periods, as well as buybacks, bags and already purchased textbooks must remain in the cubbies by the entrance. Exceptions are purses, etc. Also, receipts will be checked as the customer leaves.  If you witness a theft, try to get a good description of the suspect; height, clothes, hair/eye color. Call campus police at x7777. Do not confront the suspect, let the police handle it.

Defective Merchandise:  If defective merchandise is found, pull the defective merchandise.  Using defective merchandise stickers, mark it with date, reason for defect, pages, and initials.  Place the defective merchandise in the designated area.

Discount Policy: 5% - ASB with current sticker 10% - Employee textbooks, cafeteria employee textbooks 20% - Employee general merchandise, cafeteria employee general merchandise Discounts given only during employee work hours.

- 360 - Buyback Policy:  Buyback occurs during the week of finals.  A used book company will purchase books needed by the bookstore at approximately 50%  The company will also buy various titles at wholesale price.  Receipts are not needed.  The bookstore cannot guarantee the buy back of any book.

Course Material Requisition Instructions: Orders can be sent via campus mail or faxed to 951-654-5294. Online adoption forms aren’t available yet but we’re working on it!

Let us help you research price, availability, quality, supplements, etc. We can offer our experience with different packages, course packs, buy back and used book options to help you choose the best text for the class.

Refunds for books purchased are available for FIVE (5) business days from the start of class. Books purchased after the first five days of class are not returnable. Registration and drop slip maybe required.

SAVE YOUR RECEIPT! It is required for all refunds and exchanges. No exceptions!

Books must be returned in original condition.

Shrink-wrapped textbooks and syllabi, which have been opened are NOT RETURNABLE!

You are responsible for the condition of the books you buy. Check them carefully before purchasing. Used books are not guaranteed. New books with manufacturer’s defects will be replaced when presented with original receipt.

The bookstore reserves the right to make the decision on the condition of items returned.

Books purchased as NEW that are damaged or soiled may be refunded at the USED price within five business days of the start of class.

Internet/mail order book purchases are subject to the same stipulations as in store sales. Books purchased by mail may be shipped back at the owner’s expense. New books with manufacturer’s defects or damage due to shipping will be exchanged at the bookstore’s expense.

General merchandise purchased through the internet/mail or store are not returnable unless defective or damaged.

AP 6910 Cafeteria

Kitchen Maintenance:  Ensure that the Food Service Department is in compliance with all local state and federal regulations.  Monitor food preparation to ensure quality and quantity of food production.  Ensure that all meals are accurately displayed, packaged and served.  Ensure compliance with standards including pre-service and temperature checklists.  Ensure proper receipt, storage and use of food and supplies.

Safety & Sanitation:  All employees must follow sanitation and safety standards within the Food Service Department.  All employees must enforce proper use of all health and safety devices.  Monthly sanitation control inspection of the kitchen and storage area must be completed.  Immediately complete and submit to the Human Resources Department necessary documents when an injury or illness occurs to an employee or guest.

Kitchen Equipment: It is the employee’s responsibility to ensure the following is maintained:  Counter tops wiped as needed with appropriate disinfectant or solution.  Ovens cleaned routinely and free of burnt-on debris.  Oven hoods cleaned weekly with degreaser.  Filters above ovens and grill removed and put through dishwashing machine at least weekly.  Grill cleaned after each use and grill trap emptied.  Stove top cleaned with degreaser as needed.  Steamer and/or steam-jacketed kettles cleaned after each use. Manufacturer’s directions followed daily for proper shut down.  French fryer grease strained after each use. Grease fryer cleaned as needed depending on use.  Meat slicer taken apart and thoroughly washed after each use and wiped clean with disinfectant solution.  Toaster base wiped daily.  Mixer base wiped clean.  Coffee urns cleaned with urn cleaner, rinsed thoroughly and wiped daily.  Can opener removed from base and washed in the dish machine. Base wiped

- 362 - with disinfectant solution.  Refrigerator shelves and trays cleaned – no spills.  Freezer straightened. Defrost as needed.  Meal carts sprayed after each meal. Open carts wiped clean with disinfectant solution.  Sinks rinsed with soapy water after each use. Hand sink cleaned with cleanser daily.

Kitchen Area:  Storeroom shelves wiped clean and floor swept and mopped routinely.  Inventory on hand properly rated in storeroom – “first in, first out”.  Dishwashing area and dishes cleaned after each meal.  Pots and pan storage area should be clean and organized. Doors shut or all pans inverted.  Drawers and cupboards organized and wiped clean.  Floors swept and mopped daily.  Dining room tables wiped with disinfectant solution after each meal or as needed.

Food Handling and Storage:  Food served with proper utensils.  Food temperature monitored. Hot food at least 150 degrees; Cold food below 45 degrees F.  Thermometers located in each refrigerator, freezer and milk cooler.  Frozen foods placed in refrigerator to thaw.  Fruits and vegetables thoroughly washed before being cooked or served.  Leftovers stored in refrigerator, correctly labeled and dated.  Leftovers stored in freezer, properly wrapped, labeled and dated to be used during the next menu cycle. All frozen food items rotated and used within a timely manner.  All perishable and frozen food stored off the floor, allowing ample space underneath for cleaning.  All canned goods and dry food storage off the floor at least two to four inches.  Storeroom free of dented or bulging cans.

Employees Must Abide by the Following Regulations:  Employees working are free of infectious disease, broken skin areas and training wounds.  Employees wash their hands according to correct hand washing procedures.  Fingernails are kept clean, trimmed and free of nail polish or nail protector.  Employees are not to wear excessive jewelry; wedding rings, wristwatch and small earrings are allowed.  Employees do not eat or drink in the kitchen area.

Cafeteria Cash Handling Procedures: As a cashier you are responsible and held accountable for your own drawer. It is your responsibility to verify your starting bank of $150 at the San Jacinto Campus, and $200 at the Menifee Campus. When closing out your register it is your responsibility to count your cash. Once cash is counted your beginning bank is to be put in the secure plastic bag with the date and your initials. It is then placed at the bottom of the safe. Your sales receipts are to be placed in a secure plastic bag and dropped in the top envelope

- 363 - portion of the safe. Your sales bag must include the date, your name and the amount of money in the bag. You must log your bag number, date, amount and your name on the safe log kept by the safe.

Locations: Menifee—Building 200 San Jacinto—Building 1100

Cafeteria Hours: Monday thru Thursday, 7:45 a.m. - 6:00 p.m. Friday, 7:45 a.m. - 12:30 p.m. Closed—Weekends and Holidays

Catering Requests:  Catering Menu available on the “P Drive”.  Complete the catering request form (DOC), available on the “P Drive”. Attach to standard requisition form.

- 364 - CHAPTER 7 – HUMAN RESOURCES

AP 7110 Delegation of Authority...... 365 AP 7120 Recruitment and Hiring...... 366 AP 7125 Verification of Eligibility for Employment...... 369 AP 7145 Personnel Files...... 370 AP 7150 Evaluation...... 371 AP 7160 Professional Development...... 375 AP 7211 Faculty Service Areas, Minimum Qualifications and Equivalencies...... 376 AP 7212 Temporary Faculty...... 377 AP 7215 Academic Employees: Probationary Contract Faculty..378 AP 7231 Seniority...... 380 AP 7232 Classification Review...... 382 AP 7233 Claims for Work Out of Classification...... 383 AP 7234 Overtime...... 384 AP 7236 Substitute and Short Term Employees...... 386 AP 7237 Layoffs...... 388 AP 7240 Confidential Staff...... 389 AP 7336 Certification of Freedom from Tuberculosis...... 390 AP 7337 Fingerprinting...... 392 AP 7340 Leaves...... 394 AP 7341 Sabbaticals...... 398 AP 7342 Holidays...... 399 AP 7343 Industrial Accidents and Illness...... 401 AP 7344 Notifying District of Illness...... 404 AP 7345 Catastrophic Leave...... 405 AP 7346 Employees Called to Military Duty...... 408 AP 7350 Resignations...... 410 AP 7360 Discipline and Dismissal – Academic Employees...... 411 AP 7365 Discipline and Dismissal – Classified Employees...... 414 AP 7366 Reinstatement...... 420 AP 7370 Political Activity...... 421 AP 7371 Personal Use of Public Resources...... 422 AP 7380 Retiree Health Benefits – Academic Staff...... 423 AP 7381 Health and Welfare Benefits...... 424 AP 7400 Travel...... 425 AP 7500 Volunteers...... 429 AP 7600 Safety...... 432 AP 7610 College Police...... 434 AP 7700 Whistleblower Protection...... 436

- 365 - - 366 - Mt. San Jacinto Administrative Procedures Community College District Chapter 7 1499 N. State Street Human Resources San Jacinto, CA 92583-2399

AP 7110 Delegation of Authority

Reference: Education Code Section 70902(d)

The Chief Human Resources Officer is delegated responsibility from the Superintendent/President to authorize employment, develop job responsibilities, and perform other personnel actions provided that all federal and state law and regulations, Board Policies and Administrative Procedures are followed.

Additionally, the Chief Human Resources officer will assume responsibility on behalf of the MSJC District to serve in the lead capacity with regards to personnel matters. This responsibility as related to labor contracts can include but is not limited to dispute resolution, discipline hearings, and recommendations of settlement agreements.

- 367 - Mt. San Jacinto Administrative Procedures Community College District Chapter 7 1499 N. State Street Human Resources San Jacinto, CA 92583-2399

AP 7120 Recruitment and Hiring

Reference: Education Code Sections 87100 et seq.; 87400; 88003; Accreditation Standard III.A

Management and Administrators: The following provisions are applicable to the recruitment and hiring of all management positions (excluding the Superintendent/President): 1. A notice of an open position and a request to fill the position shall be submitted to the Human Resources Department. The Human Resources Department, after determining availability of funds, will forward request to the Superintendent/President, or designee. Such request will be accompanied by a current job description for the position. The Superintendent/President, or designee, will issue instructions to the Human Resources Department regarding whether or not the position will be filled.

The Superintendent/President, or designee, may determine that, due to economic necessity, a management position vacancy will not be filled, or that the duties of the vacant position will be assigned to another management person, or that the vacant position will be filled on a temporary (acting) basis. The Superintendent/President, or designee, may recommend such a temporary assignment for up to one (1) full year. If the vacant position is to be filled for a period longer than one (1) full year, the selection procedures provided herein shall apply.

2. All vacancies for full-time positions shall be advertised in and out of the District. Job announcements will be prepared and distributed by the Human Resources Department, based on information provided by the manager responsible for the position being considered. The Human Resources Department shall assure open recruitment for all position vacancies under the guidelines of state and federal equal employment opportunity regulations. Job announcements will be prepared and distributed at the earliest possible date by the Human Resources Department. Every effort will be made to insure that the selection procedure be completed at least two weeks prior to the termination of the current incumbent’s employment to ensure a smooth transfer of administrative responsibilities.

3. All applicants shall submit an application, letter of interest, resume, letters of recommendation (if requested), and other required application materials as stated in the job announcement. All application materials shall be delivered to the Human Resources Department by 4:30 p.m. on the established position

- 368 - closing date. Application materials are kept on file for a period of one (1) year from the closing date of the recruitment.

4. For each management vacancy to be filled, the Human Resources Department shall cause to be appointed a screening and interview committee, making every effort to achieve a balanced pool of gender and ethnic representation, constituted as follows:  Chief Human Resources Officer, or designee – Chairperson, (non-voting)  One or two management personnel selected by the Superintendent/President, or designee  One faculty member recommended by the Academic Senate and approved by the Chief Human Resources Officer  One classified employee recommended by the Classified Senate and approved by the Chief Human Resources Officer  Optional: Additional member(s) as recommended by the Superintendent/President, or designee

After minimum qualifications have been established by the Human Resources Department, the screening and interview committee will screen all applications using job-related criteria. The committee will select and recommend a group of candidates for interview. The results of the recruitment process shall be documented and kept on file for three (3) years.

5. After the committee has screened the applications and recommended a list of candidates to interview, the Human Resources Department will make the necessary arrangements for all interviews. Although there is no set number of applicants invited for an interview, those selected must be the most highly qualified as determined by the committee. Courtesy interviews are prohibited.

6. It will be the committee’s task to recommend at least three (3) applicants, if possible, as finalists for interview by the Superintendent/President, or designee. The recommendation of the Committee, ranking and all interview materials for all final candidates shall be submitted to the Superintendent/President, or designee. In the event the Superintendent/President decides not to recommend any of the final candidates for hire, the Chief Human Resources Officer shall be informed. In such a case, the committee will reconvene to determine if it will recommend one or more additional candidates for interview, or to recommend recruitment for additional candidates. If, on the other hand, a decision is reached by the Superintendent/President, or designee, to recommend one of the candidates for hire, the Chief Human Resources Officer shall be informed in writing and all materials returned.

After a thorough and satisfactory reference check/employment verification, the Human Resources Department shall prepare a resolution for approval by the Board of Trustees.

7. The Chief Human Resources Officer, or designee, serves as the Diversity Officer and will monitor all phases of the selection procedure.

8. Initial salary placement on the management salary schedule shall generally be at step 2 (Dean and Vice President), step 5 (Director and Associate Dean).

- 369 - However, the Superintendent/President, or designee, may authorize a higher step placement within the salary range of the position when it is considered to be in the best interest of the District.

Classified The following information clarifies current procedures, agreement provisions and responsibilities: 1. The negotiated agreement sets forth the number of days a position must be announced internally. The collective bargaining agreement specifies 6 (six) working days.

2. Employees wishing a voluntary transfer or promotion may apply for an announced opening and may be considered with other applicants.

3. On-going positions will normally be advertised internally and externally. Internal- only advertising must meet Title 5 "business necessity" guidelines.

4. The approved job description and/or classification standard will be used as the source document for advertising and announcement purposes.

5. The Human Resources Department will provide pre-screening for minimum qualifications and will monitor all phases of screening and selection.

6. The hiring manager, or designee, will establish selection criteria, interview questions and other specialized employment tests. Such tests are reviewed by the Diversity Officer, or designee for job-related appropriateness.

7. The Diversity Officer, or designee, will attend each screening/interview committee's initial meeting to discuss District standards and practices. The Diversity Officer, or designee, will monitor the screening and selection process.

8. The screening/interview committee members will complete all required forms in the employment packet, as provided by Human Resources.

Academic Reference: Board resolution 1999/00-82 Local Hiring Criteria; Board Policy 7120

AP 7125 Verification of Eligibility for Employment

Reference: 8 U.S.C Section 1324a

The District will not hire a person for employment if it knows that the person is not a citizen of the United States and is not authorized to be employed in the United States.

Reliable documentation of eligibility is required for employment from all persons hired. “Reliable documentation” as set out in federal law includes one or more of the following:

 A United States passport or a resident alien card or alien registration card containing a photograph of the prospective employee, that indicates the person is authorized to work in the United States OR  A social security card or other documentation issued by the United States government showing authorization to work in the United States AND a driver’s license or similar identification document containing a photograph of the prospective employee.

The District will complete for each new employee the verification form or forms required by the United States government. The District will retain such forms for at least three years or until one year after the person(s) leaves the District’s employment, whichever is later.

The District will protect the privacy of the information it collects pursuant to this procedure.

AP 7145 Personnel Files

Reference: Education Code Section 87031; Labor Code Section 1198.5

Personnel records are private, accurate, complete, and permanent. Every employee has the right to inspect personnel records pursuant to the Labor Code and the Collective Bargaining Agreements.

Information of a derogatory nature shall not be entered into an employee's personnel record unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have his or her own comments attached to any derogatory statement. Nothing in this procedure shall entitle an employee to review ratings, reports, or records that (a) were obtained prior to the employment of the person involved, (b) were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional examination or interview.

Any employee requesting review of their personnel file shall first contact the Human Resources Department and schedule an appointment with the appropriate human resources representative to view his/her personnel file. The review shall take place during normal business hours and the employee shall be released from duty for this purpose without salary reduction.

All reviews of personnel files shall take place in the Human Resources Department and in the presence of the appropriate human resources representative.

AP 7150 Evaluation

Reference: Accreditation Standard III.A.1.b

Management/Administrator Evaluations

Contract Period Educational and Classified Administrators appointment or contract shall be in accordance with Education Code section 72411 and 72411.5. Each administrator serves at the discretion of the Board of Trustees upon the recommendation of the Superintendent/President. Removal from an administrative position could result in reassignment to a non-administrative position. Seniority rights and/or retreat rights for educational administrators will be in accordance with Board policy as agreed to with the Academic Senate.

Performance Evaluation of Administrators Performance evaluation is a process whereby the effectiveness of the professional staff member is assessed in relation to the administrator’s job description, college/department goals and objectives, Board of Trustees expectations and employee competencies, administrative procedures, and normally assigned job-related responsibilities.

The evaluation is designed to recognize achievement as well as to assist an administrators self-improvement, growth, and increased effectiveness in the performance of their duties.

The evaluation shall consider, but not be limited to, the following competencies:  Performance of responsibilities as defined in the job description  Degree of success in completing management objectives, taking into consideration the degree of difficulty inherent in the objectives, current fiscal climate, and other conditions of the district  Professional growth  Extent to which the Administrator’s actions exemplify o teamwork o collaborative working relationships o decision-making o clear and effective written and verbal communication o appropriate supervisory skills o effective and efficient time and resources management

- 373 - o Other activities and responsibilities  participation in community organizations and in the committees of the college; o unanticipated activities; o special assignments and projects; o budget management including contributions to cost effectiveness.

Specific Procedures (Timelines in 6 Below) Annual/Mid-Year Performance Conference and Bi-Annual Evaluation  The administrator shall meet, as specified below, with the supervisor to review the administrator’s job description. This meeting shall serve as the conference related to the previous periods (six month evaluations) performance, and as the opportunity to review jointly the progress on goals and objectives for the coming year. Some of those goals and objectives will be linked to the College Master/Strategic Plan, which should be reviewed by management employees. This meeting will be documented.

 The administrator shall have a mid-year conference with the supervisor at which time the administrator’s performance, including progress toward annual goals and objectives, will be discussed and documented. The administrator shall bring to the conference any materials gathered in the process of self-evaluation and a draft of proposed new or amended goals and objectives. This conference should be scheduled no later than January 31.

 In preparation for the bi-annual formal evaluation, the administrator shall prepare a self-evaluation based on an assessment of the success in all aspects of performance, and achievement in reaching goals and objectives, both personal and institutional. The administrator is encouraged to solicit reactions from persons supervised and those with whom there are job-related contacts.

 For the bi-annual formal evaluation conference, the supervisor shall prepare an evaluation statement to which the administrator may add responses or additional relevant comments. Outstanding performances should be recognized. Job related work areas that require growth or that needs to be improved should be listed. The supervisor and administrator will identify procedures or programs to aid the administrator in reaching the desired performance levels. The final line in the statement shall read, “This employee’s overall work is satisfactory or unsatisfactory.” Two copies of each document are to be signed by each person. The combined document is the evaluation report. The administrator shall keep one copy and the other copy will be submitted to the Vice President or Superintendent/President, as appropriate. The Vice President shall forward the report to the Superintendent/President’s Office. The report will be added to the personnel file when completed.

 The Superintendent/President may conduct an additional conference with the administrator being evaluated, alone or together with either or both the supervising administrator and the appropriate Vice President, to review the procedures and the evaluation report.

Processing of Evaluation Reports Evaluation reports for administrators shall be placed in their personnel file. Negative evaluations shall include specific recommendations for improvement and provisions for

- 374 - assisting the administrator in implementing any recommendations made, including training or retraining.

Unsatisfactory Evaluation An unsatisfactory evaluation of an administrator may result in suspension, reassignment, dismissal and/or voluntary resignation in lieu of dismissal.

Administrator Dismissal

The Board of Trustees may dismiss an administrator on recommendation of the Superintendent/President, in accordance with the provisions of the appropriate Education Code.

Action by the Board of Trustees to dismiss a management employee shall be preceded by the evaluation process incorporated herein regarding Performance Evaluation of Administrators.

The Superintendent/President has the responsibility of recommending dismissal of an administrator.

Additional Evaluations

Nothing in these procedures precludes the Supervisor or the Superintendent/President from requiring an evaluation at any time during the Administrators term of their employment contract. An evaluation conducted under this section will, at a minimum, utilize the procedures outlined above.

Timelines For A Standard 2 Year Contract

 Contract begins July 1, 2xxxx. (ie 2002) o If this is an initial hire the first six month period is devoted to becoming oriented and establishing goals and priorities. o If this is other than the initial contract, the goals and objectives previously established should be reviewed and discussed with the supervisor. o Complete the six month evaluation  Six month evaluation January , 2xxxx (ie 2003) o Review goals o Contract continuation decision  Six month evaluation July, 2xxxx (ie 2003)  Formal contract evaluation November, 2xxxx (2003)  Consolidate previous six month evaluations into current discussion  Contract renewal decision to the Superintendent/President by November 30, 2xxxx  Contract renewal decision to HR and the Board by December, 2xxxx Board meeting.

Execute and sign new contract, if renewed, by January, 2xxxx (ie 2004)

Review, revise and establish goals and objectives for remainder of contract and renewed contract period.

- 375 - Classified Evaluations

Reference: CSEA Collective Bargaining Agreement

Academic Evaluations

Reference: CTA/NEA Collective Bargaining Agreement; CTA/NEA M.O.U dated October 30, 2001.

AP 7160 Professional Development It is the policy of the District to encourage employees to improve their skills, knowledge and abilities through a variety of in-service and external education and training programs.

Reference: Accreditation Standard III.A.5

Management/Administrators

Classified  Refer to the CSEA Collective Bargaining Agreement

Academic  Refer to the CTA/NEA Collective Bargaining Agreement

AP 7211 Faculty Service Areas, Minimum Qualifications and Equivalencies

Reference: Education Code Sections 87001, 87003, 87743.2; Title 5, Section 53400 et seq.

Reference Board Resolution 1999/00-82 – Local Hiring Criteria

AP 7212 Temporary Faculty

Reference: Education Code Sections 87481, 87482; 87482.5; 87482.8

Reference Board Resolution 1999/00-82 – Local Hiring Criteria

AP 7215 Academic Employees: Probationary Contract Faculty

Reference: Education Code Sections 87600 et seq.

The District shall employ a faculty member for the first academic year of his or her employment by contract. Any person who, at the time an employment contract is offered to him or her by the district, is neither a tenured employee of the District nor a probationary employee then serving under a second or third contract shall be deemed to be employed for "the first academic year of his or her employment."

A faculty member shall be deemed to have completed his or her first contract year if he or she provides service for 75 percent of the first academic year.

Before making a decision relating to the continued employment of a contract employee, the following requirements shall be satisfied:  The employee shall be evaluated in accordance with the evaluation standards and procedures established in accordance with law and as agreed to by the CTA/NEA bargaining unit pursuant to the M.O.U dated October 30, 2001.  The board shall receive statements of the most recent evaluations.  The board shall receive recommendations of the Superintendent/President.  The governing board shall consider the statement of evaluation and the recommendations in a lawful meeting of the board.

If a contract employee is working under his or her first contract, the board, at its discretion, shall elect one of the following alternatives:  Not enter into a contract for the following academic year.  Enter into a contract for the following academic year.  Employ the contract employee as a regular employee for all subsequent academic years.

If a contract employee is working under his or her second contract, the board, at its discretion, shall elect one of the following alternatives:  Not enter into a contract for the following academic year.  Enter into a contract for the following two academic years.  Employ the contract employee as a regular employee for all subsequent academic years.

If a contract employee is employed under his or her third consecutive contract,

- 380 - the Board shall elect one of the following alternatives:  Employ the probationary employee as a tenured employee for all subsequent academic years.  Not employ the probationary employee as a tenured employee.

The governing board shall give written notice of its decision and the reasons therefore to the employee on or before March 15 of the academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her first or second contract shall be deemed an extension of the existing contract without change for the following academic year.

The governing board shall give written notice of its decision under Section 87609 and the reasons therefore to the employee on or before March 15 of the last academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district Human Resources Department. Failure to give the notice as required to a contract employee under his or her third consecutive contract shall be deemed a decision to employ him or her as a regular employee for all subsequent academic years.

AP 7231 Seniority

Reference: Education Code Section 88017(b); 88117; 88127

Classified Seniority Reference Education Code Section 88017(b); 88117; 88127; CSEA Collective Bargaining Agreement

Faculty Seniority Reference Education Code Section 87743 et seq.

SENIORITY

Purpose of Drawing California Education Code, Section 87414 requires the District to determine the relative seniority of every contract or regular academic employee whose date of first paid service falls on the same date. The Seniority Drawing is held to establish seniority numbers for every academic employee who first rendered paid service on the same date. The seniority number drawn and assigned to the academic employee is documented and kept on file in the Human Resources Department for use in the event of a reduction in force.

Drawing procedures for multiple academic employees hired on the same date The Human Resources Department will prepare a list of the contract academic employees hired during the past year and place them in order by hire date.

The Human Resources Department will notify the CTA President that a seniority drawing is required and will coordinate with the CTA President to establish a date and time for the drawing.

The Human Resources Department will prepare and send a memo to all contract academic employees who first rendered paid service on the same date, advising them of the seniority drawing. The date, time and location of the drawing are communicated to the employee and they are invited to attend. If any employee is unable to attend, the employee may designate a substitute to draw in their place. Faculty may designate the CTA representative (President) to act as their substitute.

After each employee, or designee, has drawn a number, the employee’s name and corresponding seniority number is added to the Master Seniority List. The Human Resources Department will prepare a memo to each employee confirming the

- 382 - employees assigned seniority number. The employee is required to review, sign and return the memo to the Human Resources Department acknowledging receipt of their seniority number.

Drawing procedures for multiple academic employees hired on different dates When multiple academic employees are hired and those employee’s first day of paid service is on a different date, the Human Resources Department will assign each new employee the next available seniority number in order of hire date.

The Human Resources Department will prepare a memo to each employee confirming the employees assigned seniority number. The employee is required to review, sign and return the memo to the Human Resources Department acknowledging receipt of their seniority number.

AP 7232 Classification Review

See CSEA Collective Bargaining Agreement

AP 7233 Claims for Work Out of Classification

See CSEA Collective Bargaining Agreement.

Classified employees shall not be required to perform duties that are not fixed and prescribed for the classification by the Board unless the duties reasonably relate to those fixed for the classification, for any period of time that exceeds five working days within a 15-calendar-day period except as authorized in these procedures.

An employee may be required to perform duties inconsistent with those assigned to the position for a period of more than five working days if his or her salary is adjusted upward for the entire period he or she is required to work out of classification and in amounts that will reasonably reflect the duties required to be performed outside his or her normal assigned duties.

AP 7234 Overtime

Reference: Education Code Section 88027; 88028; 88029; 88030

Overtime is defined to include any time required to be worked in excess of eight hours in any one day or in excess of 40 hours in any calendar week. If the Board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime.

The foregoing provisions do not apply to: - classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, - positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained.

For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensatory time off, or other paid leave of absence shall be considered as time worked by the employee.

When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the District.

An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his or her workweek, be compensated at a rate equal to 1 1/2 times the regular rate of pay of the employee designated and authorized to perform the work.

Persons serving in supervisory, administrative, or executive positions shall be excluded from these procedures regarding overtime.

- 386 - Unauthorized Overtime There are two issues that administrators must address regarding unauthorized overtime. 1. All employees must be informed that they will not be paid for unauthorized overtime. Each administrator shall notify his/her employees that unauthorized overtime will not be paid. Notification of this prohibition shall be made in writing at least once annually and each employee shall be required to sign and return the written notification acknowledging receipt. The signed acknowledgement will be kept on file for future reference. 2. Administrators shall not “suffer or permit” an employee to work overtime that was not specifically authorized. The legal standard referred to as “suffer or permit” refers to an administrator who is aware that an employee is working overtime and directs the employee to stop but takes no further action. An administrator who becomes aware of an employee who has been working unauthorized overtime must provide the employee with a written directive that includes the certainty of progressive discipline should the employee fail to follow the directive not to work unauthorized overtime.

AP 7236 Substitute and Short Term Employees

Temporary Employment

Introduction Substitute and short-term temporary employees are a vital component to ensuring the smooth and continuous support of District operations. In conjunction with the provisions of Education Code Section 88003, the standards and procedures outlined below have been developed to provide guidelines regarding temporary employment at Mt. San Jacinto Community College District.

General Information “Substitute employee” means any person employed to replace any classified employee who is temporarily absent from duty. In addition, if the District is engaged in the recruitment process to hire a permanent employee to fill a classified vacant position, a substitute employee may be employed in the vacancy for not more than 60 calendar days, while the recruitment process is being completed. A substitute employee hired to fill in for a classified employee who is temporarily absent from duty may be employed for a maximum of 160 working days within the college year.

“Short-term employee” means any person who is employed to perform a service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis.

Note: Short-term employees may be employed for not more than 75 percent of a college year, or a maximum of 195 days. The District utilizes a maximum of 160 working days for all short-term temporary employment with a possible extension of up to 180 days. All days beyond 160 must be approved by the Chief Human Resources Officer, or designee.

“Professional Expert” means any person who is employed on a temporary basis for a specific project, regardless of length of employment.

Per Education Code Section 88003, substitute and short-term employees, employed for less than 75 percent of a college year will not be a part of the classified service.

Temporary Employment Hiring Procedures To request the hire of a substitute employee, complete and submit an HRSR to the

- 388 - Human Resources Department. Include the name of the classified employee for whom a substitute is being requested or, indicate “vacant” if the substitute is being requested for a vacant classified position that is being recruited. Once the Human Resources Department has an approved HRSR, the person responsible for initiating the HRSR will be contacted regarding completion of the employment process. All employment documents must be completed and received in Human Resources prior to allowing any substitute employee to begin working.

Education Code Section 88003 states that “prior to employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee….and shall certify the ending date of the service. The ending date of a short-term assignment may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a school year”. To request the hire of a short-term employee, complete an HRSR and a Request for Short- Term Position Approval form. Submit both documents to The Human Resources Department. Upon receipt, the documentation will be reviewed. Provided all documentation is in order, the request for a short-term position will be placed on the agenda for the next regularly scheduled board meeting for approval. Once the Board has approved the short-term position, the Human Resources Department will notify the “requestor” and initiate completion of any remaining employment documentation. No short-term employee shall be allowed to begin working without all appropriate approvals and clearance for hire from the Human Resources Department.

Note: Services for which a short-term employee was hired to perform shall not be repeated in subsequent years.

To request the hire of a Professional Expert, complete an HRSR and the Professional Expert Agreement. Submit both documents to the Human Resources Department. Upon receipt, documentation will be reviewed and if in order, the “requestor” will be contacted to initiate completion of any remaining employment documentation. No Professional Expert shall be allowed to begin working for the District prior to clearance for hire from the Human Resources Department.

Work Related Illness/Injury If injured on the job, a temporary employee shall notify his/her immediate supervisor and the injury MUST be reported to Human Resources no later than 24 hours from date of injury. Exception: If a life threatening situation; seek emergency room service 1st, then contact Human Resources within 48 hours of injury.

Temporary employees do not receive wages from the District for any time lost due to work-related illness/injury. If a worker’s compensation claim is filed by a temporary employee and subsequently accepted by the worker’s compensation carrier, the temporary employee will receive worker’s compensation benefits directly from the District’s worker’s compensation carrier. If in a reasonable amount of time (as determined by the District based on need), the temporary employee cannot return to the assignment, the temporary employee shall be replaced.

AP 7237 Layoffs

Reference: Education Code Section 87743; 88117; 88127

See CSEA Collective Bargaining Agreement.

AP 7240 Confidential Staff

Reference: Government Code Section 3540.1(c)

Pursuant to Government Code section 3540.1c, “confidential employee" means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. Confidential employees are not represented by an exclusive bargaining representative.

Confidential employees shall receive the same health benefits as non- confidential employees. Confidential employees shall receive 9% or, 3 salary levels on current salary schedule, additional salary compensation above non- confidential employees who work under the same job titles and/or who work in a classification equal in scope and responsibility. The terms and conditions of employment for confidential employees are the same as those for other classified employees and will be administered under the guidelines of the Education Code and all other Federal and State laws.

AP 7336 Certification of Freedom from Tuberculosis

The following is excerpted from statute. Except as provided herein, no person shall be initially employed by the district in an academic or classified position unless the person has submitted to an examination within the past 60 days to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under the California Business and Professions Code. This examination shall consist of an X-ray of the lungs, or an approved intradermal tuberculin test, that, if positive, shall be followed by an X-ray of the lungs. This examination is a condition of initial employment.

The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under the Business and Professions Code.

The Chief Human Resources Officer may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs.

Thereafter, employees who are skin test negative are required to undergo the foregoing examination at least once each four (4) years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test that has been followed by an X-ray, the foregoing examinations shall no longer be required and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for follow up care.

After the examination, each employee shall cause to be on file with the District a certificate from the examining physician and surgeon showing the employee was examined and found free from active tuberculosis.

This procedure shall not apply to any employee of the District who files an affidavit stating that he or she adheres to the faith or teachings of any well- recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her

- 392 - knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the applicant is afflicted with active tuberculosis, he or she may be excluded from service until the Chief Human Resources Officer, or designee, is satisfied that he or she is not so afflicted.

A person who transfers his or her employment from another school or community college District shall be deemed to meet the requirements of this procedure if the person can produce a certificate that shows that he or she was examined within the past four years and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing.

A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the district shall be deemed to meet the requirements of this procedure if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she was examined within the past four years and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file.

AP 7337 Fingerprinting

As a condition of employment, prior to the first day of employment, each newly hired employee who has been offered employment as a regular classified, faculty or administrator of the District, or as a temporary part-time associate faculty, shall be required to make an appointment with an approved live scan agency for fingerprinting. Live scan fingerprints will be submitted to the Department of Justice to be processed. The Department of Justice will provide the District with each new employee’s criminal history background.

With the approval of the Chief Human Resources Officer, or designee, a new employee may begin working prior to the District’s receipt of the employee’s criminal history background. However, any such employee(s) shall provide evidence of live scan fingerprints having been taken and submitted to the Department of Justice.

Pursuant to education code section 87022, no person, having been convicted of a “sex offense” as defined in education code section 87010 or of a “controlled substance offense” as defined in education code section 87011, shall be employed or retained in employment by the District.

The Board of Trustees of the Mt. San Jacinto Community College District may approve the hire of persons convicted of a controlled substance offense if the Board of Trustees determines, from evidence presented, that the person has been rehabilitated for at least five (5) years.

The Board of Trustees shall determine the type and manner of presentation of the evidence, and the determination of the board of trustees as to whether or not the person has been rehabilitated is final.

Substitute and temporary employees employed for less than a school year are exempted from these procedures.

The provisions as set forth above do no apply to employees hired to work in the District’s child development and education centers. All regular and temporary employees hired to work in the District’s child development and education centers are required to submit live scan fingerprints to the Department of Justice, FBI and the child abuse index. Results of a criminal history background for employees being considered

- 394 - for employment with the District’s child development and education centers are subject to the employment provisions of the state licensing agency for child care providers.

AP 7340 Leaves

Reference: Education Code Section 87763 et seq.; 88190 et seq.; Labor Code Section 234; CTA/NEA Collective Bargaining Agreement

Faculty Personal Illness and Injury Leave

Under the current bargaining unit agreement and relevant Education Code provisions, sick leave is earned by full-time and part-time faculty for service during the academic year (fall and spring semester). Sick leave is not earned and may not be used during summer session, overload, or additional contract days.

Unit members employed on an annual contract of 176 service days shall be entitled to ten (10) day’s leave with full pay each school year for the purposes of personal illness or injury. Those unit members employed on annual contract of 196 service days shall be entitled to the 10 days specified in the education code and one (1) additional day for sick leave for a total of 11 days annually.

After all leave earned pursuant to EC87781 (10 days) is exhausted, a Unit Member “who is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her employment on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, he or she shall receive ‘(60%)’ of his or her regular salary during the period of the absence…”. The five (5) month period shall begin on the 11th day of absence and extend for a five month period. If the unit member has accumulated sick leave he or she will continue to receive full pay until they have exhausted all accumulated leave after which they will receive 60% of their pay for the remainder of the five month period if any remains.

If a unit member does not utilize the full amount of authorized personal illness and injury leave in any school year, the amount not utilized shall be accumulated from year to year.

Upon request by the appropriate dean, a Unit Member shall be required to present a medical doctor’s certificate verifying the personal illness or injury and/or a medical authorization to return to work. The District may require the Unit Member to visit a medical doctor chosen by the District and make all necessary inquiries in order to be fully informed as to the nature and severity of the illness or injury, and to report such findings to the Superintendent/President

- 396 - or designee. If the report concludes that the absence is not due to personal illness or injury, or that the illness is not sufficiently severe to warrant continued absence, then the Superintendent/President or designee, after notice to the Unit Member, may refuse to grant such leave.

Whenever possible, a Unit Member must contact the appropriate dean as soon as the need to be absent is known. Failure to provide reasonable notice shall be grounds for denial of leave with pay or other disciplinary action.

A Unit Member who obtains and utilizes approved leave shall do so by utilizing sick leave at the rate of one-half day for any absence of a half day or less and a full day for any absence on a given day of more than half-a-day. A day will be 6 or 7 hours length (see CTA Bargaining Unit Agreement, Articles VII. A. 14 and VIII.B and VIII. B. 4. a & b)

A Unit Member shall not be allowed to return to work and shall be placed on leave without pay if the Unit Member fails to notify the District of intent to return to work at least two (2) hours prior to the close of the preceding work day if such failure results in a substitute being secured.

For overload periods of absence, overload compensation shall be reduced accordingly on an hour-for-hour basis.

Leave Reporting All leaves shall be requested and/or reported using the Absence Request/Reporting Form, as published/updated by the Human Resources Department. For legibility, blue or black pen should be used to fill out the form.

Classified, Supervisors and Administrators

The following leaves must be requested and approved, or reported, in advance, unless prior notice is not possible:  Vacation  Leave of Absence  Jury Duty (include a copy of the summons)  Personal Necessity  Bereavement  Known sick leave needs (scheduled medical/dental leave, non-emergency hospitalizations, etc.)  Military leave (include a copy of orders)  Earned Compensatory Time Off (include a copy of authorization) – Excludes all salary exempt staff

Unexpected absences due to illness or other reasons must be reported to the supervisor daily, by telephone, at the beginning of the work period. On the first day back-to-work, an Absence Request/Reporting Form must be submitted to the supervisor, along with a doctor's release/statement, if required.

The Absence Request/Reporting Form must be signed by the employee and his/her immediate supervisor and/or administrator, if required. In cases of personal necessity leave, faculty need not explain the reason in writing on the form but may discuss the

- 397 - reason with their supervisor. When a classified staff member does not wish to divulge the reason for personal necessity leave to their supervisor, he/she must explain the reason to the Chief Human Resources Officer. The Chief Human Resources Officer will then contact the supervisor to authorize the supervisor's approval. Personal necessity leave will not be granted for recreational purposes, job-hunting, travel, or to work elsewhere. Additionally, classified employees requesting personal necessity leave must follow the current bargaining unit parameters.

The supervisor will submit the original approved absence request and reporting form to human resources. A human resources representative will review the absence request form and enter the data in the time and attendance tracking system. Should changes need to be made to an absence request and reporting form once approved and submitted, the employee and his/her supervisor will be notified via email of the change(s) made.

With the proper prior approval, the District may grant additional leave, with or without pay, for such purposes and periods of time as it deems advisable.

Family medical leave may be requested by the employee or may be activated by the District upon written notification to the employee. The District complies with all Federal and State laws with regard to family and medical leave. (See Section V)

Unapproved absences may result in leave without pay and disciplinary/remedial action.

If an employee, who is on “active duty”, dies, employees may participate in visitation/funeral services without this absence being charged against their leave balances.

Classified Employee Sick Leave Rules Reference: CSEA Collective Bargaining Agreement

Administrator Sick Leave Rules Personal Illness or Injury Leave Administrators shall earn one day of sick leave for each month of employment. Sick leave may be accumulated without limitation and may be transferred to or from another school district in California as provided by law.

Administrator paid leave charges shall be charged in full-day increments only. Administrators who are absent for less than a full day shall not have such leave charged against the administrators accrued paid leave.

When all earned sick leave and/or other statutory compensation of any kind is exhausted, additional non-accumulative paid leave shall be provided the employee not to exceed five (5) college months commencing on the eleventh (11) day of absence due to the same illness or injury, whether or not the absence arises out of or in the course of the manager’s employment. The amount paid for absence under this provision shall be the difference between the manager’s regular salary and that of a substitute whose salary shall be less than that of the regular employee. In addition, the District shall provide all health and welfare benefits normally provided for a period of one (1) year from date of illness or accident.

Extended illnesses may require the manager to visit a medical doctor chosen by the

- 398 - District and to report all findings to the Superintendent/President, or designee.

Personal Necessity Leave Accumulated sick leave may be used by management employees in cases of personal necessity. NO such accumulated leave in excess of six (6) days may be used in any fiscal year. Personal necessity shall include, but is not limited to, childbirth of a manager’s immediate family, death or serious illness of a manager’s immediate family, an accident which is unforeseen involving the manager’s person or property or the person or property of a manager’s immediate family.

Managers shall be entitled to two (2) days of the foregoing six (6) personal necessity leave days to be granted by the Superintendent/President for reasons other than those above, but limited to acceptable reasons as determined by the Superintendent/President.

Bereavement Leave Manager’s shall be entitled to a maximum of three (3) days leave of absence or five (5) days leave of absence if out-of-state travel is required, without loss of salary on account of the death of any member of his/her immediate family. “Immediate Family” is defined as mother, father, grandmother, grandfather, or a grandchild of the manager or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the manager, or any living relative in the immediate household or another person designated by the Superintendent/President.

AP 7341 Sabbaticals

Reference: Education Code Sections 87767 et seq.; CTA/NEA Collective Bargaining Agreement; Education Code Section 88221; Management Handbook

Faculty Professional Development Leave The District may grant a leave of absence for study and travel (sabbatical) to any full-time contract academic employee who has rendered service to the District for at least seven (7) consecutive years preceding the granting of the leave, but not more than one such leave of absence shall be granted in each seven-year period.

Refer to the CTA/NEA Collective Bargaining Agreement for the standards of service that shall entitle an employee to a sabbatical leave. No absence from the service of the district under a leave of absence, other than another sabbatical leave, shall be deemed a break in the continuity of service required by this section, and the period of the absence shall not be included as service in computing the seven consecutive years of service required by this section.

Service under a national recognized fellowship or foundation approved by the Board of Governors, for a period of not more than one year, for research, teaching or lecturing shall not be deemed a break in continuity of service, and the period of the absence shall be included in computing the seven consecutive years of service required by this section.

Every employee, as a condition to being granted a leave of absence pursuant to this procedure, shall agree in writing to render a period of service to the District following his or her return from the leave of absence that is equal to twice the period of the leave.

Classified Professional Development Leave Reference: Education Code Section 88221

Administrator Professional Development Leave Reference: Management Handbook

AP 7342 Holidays

Reference: Education Code Section 79020; Education Code Section 88203-88206; CSEA Collective Bargaining Agreement

Eligibility Every employee who is employed in a permanent/probationary full-time classified position shall be paid for every approved holiday. Permanent/probationary part-time classified employees will be paid ONLY for approved holidays that fall on a regularly scheduled work day (i.e. if an employee’s regular work schedule is Tuesday – Thursday, the employee will not be paid for any Monday or Friday holidays. If an employee’s regular work schedule is Tuesday – Friday, the employee will be paid for Friday holidays, provided the employee meets all other criteria for holiday pay). Temporary employees such as short-term temporary, substitutes, professional experts, etc. are not eligible for paid holidays. Employees otherwise entitled to holiday pay must be in a paid status on either the last working day before OR the first working day after a holiday to receive holiday pay. NOTE: Regular part-time employees in a paid status on the last working day, of the employees’ regular weekly work schedule, before a holiday OR the first working day, of the employees’ regular weekly work schedule, after a holiday, will be eligible to receive holiday pay. An employee who is on a leave of absence without pay or an unauthorized absence for any period of time either the regularly scheduled working day before the holiday or the regularly scheduled working day after the holiday shall not be paid for that holiday.

When a Holiday is Worked When a permanent/probationary full-time or part-time classified employee is required, due to the nature of the employee’s position, to work on an approved holiday, the employee shall be paid at time and one-half the employee’s regular hourly rate in addition to the employee’s normal salary for the holiday, OR the employee will be given the equivalent time off on a subsequent date with the approval of the department head. An employee will be permitted the opportunity of taking equivalent time off provided it is taken within a reasonable amount of time as agreed upon by the supervisor and the employee.

When a Holiday Falls on Scheduled Day Off (i.e., Alternative Schedules) In any holiday week, every attempt shall be made by the immediate supervisor to adjust the work schedule of each affected full-time permanent/probationary employee working a board approved alternative work schedule, to an eight (8) hour per day, Monday - Friday schedule.

- 401 - In rare instances where it is not possible to adjust an employee’s work schedule to an eight (8) hour per day, Monday – Friday schedule, the employee shall be provided eight (8) hours of vacation time in lieu of the holiday, when the holiday falls on an employee’s scheduled day off (i.e., holiday falls on Friday and the employee works a board approved alternative schedule Monday – Thursday 10 hours/day. Under this circumstance the employee will receive eight (8) hours of vacation in lieu of the Friday holiday).

To receive credit for vacation hours in lieu of the holiday, employees must complete the Vacation in Lieu of Holiday form and submit the form with their monthly timesheet to the Human Resources Department. The Vacation in Lieu of Holiday form is located on the P drive (P:/FORMS/HR Vacation in Lieu of Holiday Form – Alternative Schedule). This form must be submitted with the employee’s monthly timesheet. Regardless of the daily work hours associated with an approved alternative schedule, when a holiday falls on an employee’s regularly scheduled day off, the employee will receive eight (8) hours of vacation in lieu of the holiday.

Special Note: Employees who work a board approved alternative schedule, Monday - Thursday nine (9) hours per day and four (4) hours on Friday, will receive 8 hours of vacation in lieu of a Friday holiday.

When a holiday falls on a regularly scheduled work day for employees working a board approved alternative schedule (i.e., Monday holiday and employee works Monday – Thursday, 10 hours per day), the employee will enter the hours he/she would normally have worked on that day, and code as exception hours using exception code “H” for holiday.

AP 7343 Industrial Accidents and Illness

Reference: Education Code Sections 87787, 88192

Academic Employees Academic employees shall be entitled to not less than 60 days leave on account of an industrial accident or illness in any one fiscal year for the same accident. Allowable leave shall not be accumulated from year to year.

Industrial accident or illness leave shall commence on the first day of absence.

When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under the Labor Code, will result in a payment to the employee of not more than his or her full salary. “Full salary," shall be computed so that it shall not be less than the employee's "average weekly earnings" as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.

Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. One day of authorized absence is equal to any number of hours in a day that an employee is absent due to an industrial accident or illness.

When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused industrial leave due him or her for the same illness or injury.

Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and, for the purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full

- 403 - salary.

During any paid leave of absence, the employee may endorse to the District the temporary disability indemnity checks received on account of his or her industrial accident or illness. The District shall issue the employee appropriate salary warrants for payment of the employee's salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.

Any employee receiving benefits as a result of this section, during periods of injury or illness, shall remain within the State of California unless the Chief Human Resources Officer authorizes travel outside the state.

Classified Employees Classified employees shall be entitled to not less than 60 days leave on account of an industrial accident or illness, in any one fiscal year for the same accident.

Allowable leave shall not be accumulative from year to year.

Industrial accident or illness leave of absence will commence on the first day of absence.

Payment for wages lost on any day shall not, when added to an award granted the employee under the workers' compensation laws of this state, exceed the normal wage for the day.

Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers' compensation. One day of authorized absence is equal to any number of hours in a day that an employee is absent due to an industrial accident or illness.

When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount of unused industrial leave remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.

The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Education Code Section 88191 (paid sick leave). When entitlement to industrial accident or illness leave has been exhausted (EC 88192), entitlement to other sick leave (EC 88196) will then be used; but if an employee is receiving workers' compensation, the person shall be entitled to use only so much of the person's accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers' compensation award, provide for a full day's wage or salary. Note: Industrial accident and illness leave runs consecutively with the five (5)-month extended leave period. Once the 60 days of industrial accident and illness leave has been exhausted, the employee then begins the five (5)-month extended leave period.

Periods of leave of absence, paid or unpaid, shall not be considered to be a

- 404 - break in service of the employee.

During all paid leaves of absence, whether industrial accident leave as provided in this procedure, sick leave, vacation, compensated time off or other available leave provided by law or the action of the district, the employee shall endorse to the District wage loss benefit checks received under the workers' compensation laws of this state. The District, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this procedure.

When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of the person's position, the person, if not placed in another position, shall be placed on a reemployment list for a period of 39-months. When available, during the 39- month period, the person shall be employed in a vacant position in the class of the person's previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.

Any employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the Superintendent/President or designee authorizes travel outside the state.

An employee who has been placed on a reemployment list, as provided above, who has been medically released for return to duty and who fails to accept an appropriate assignment, shall be dismissed.

AP 7344 Notifying District of Illness

Reference: None

While each department should develop and maintain procedures regarding the specific steps to be taken by an employee when notifying the department of an absence, it is the general policy of the district that any employee who will be absent from work due to unexpected illness or other reasons, must report the absence to their immediate supervisor daily, by telephone, at the beginning of the work period.

Other than for leaves that are requested and approved in advance, supervisor’s shall notify the Human Resources Department immediately anytime a regular employee is absent for three (3) consecutive work days. This includes absences for employees who follow the established notification of absence procedures as determined by the department and are absent for three (3) consecutive work days.

AP 7345 Catastrophic Leave

About the Plan The purpose of this plan is to create a leave bank to permit employees of the District to donate eligible leave to an employee when the employee or a member of the employee’s family suffers from a catastrophic illness or injury. The intent of the Catastrophic Illness/Injury Leave Donation Plan is to: 1. Ensure continuation of medical benefits during an extended illness/injury of either the employee or a member of the employee’s family; and, 2. Limit the financial hardship that may result due to an extended illness/injury leave by ensuring that the employee continues receiving either partial or full pay.

Guidelines for Leave Donation 1. Employees who donate leave to the catastrophic leave bank MUST retain no fewer than 30 days of sick leave on record. 2. All hours donated are irrevocable. Unused donated hours will not be returned to the donor. 3. Employees who wish to donate leave must donate a minimum of one (1) day of their sick leave. For example:  A full time faculty member who makes an initial donation of 6 hours = 1 day of sick leave  A classified permanent part-time employee working 24 hours per week who makes an initial donation of 4.8 hours = 1 day of sick leave Additional leave may be donated in one (1) hour increments thereafter. 4. All unused donated hours remain in the Catastrophic Leave Bank for use by other employees who request, and are approved, use of catastrophic leave. 5. Donated sick and/or vacation hours are charged on the basis of hour-for-hour regardless of the classification and/or salary of either the ill or injured employee or the donor.

Eligibility requirements 1. The employee has exhausted all available forms of paid leave. Note: Any paid leave that is accrued by the employee during catastrophic leave must be used prior to continued use of leave from the catastrophic leave bank. 2. The employee is incapacitated or absent for an extended period of time, no fewer than 30 consecutive working days. 3. The employee submits appropriate medical verification to the Chief Human

- 407 - Resources Officer. Note: The District may require additional medical verification from a physician selected by the District and at the expense of the District. 4. The District has determined that the employee is unable to work due to the catastrophic illness or injury.

Use of Donated Leave: 1. Eligible employee may use donated hours as half or whole days and hours may be used retroactively. There are two options available on how donated hours may be used: a. half day worked plus half day donated leave equals a portion of, or full pay. b. half day leave only resulting in full health benefits coverage and a portion of, or half pay. 2. Eligible employees may use catastrophic leave for a maximum of one year. If the employee returns to work within the year and has a reoccurrence of the same or related catastrophic illness or injury, the employee may, after exhausting all accumulated vacation or sick leave, use previously donated leave hours available in the Catastrophic Leave Bank. 3. Employees must make a separate request for catastrophic leave for each instance involving a different catastrophic illness or injury.

Exclusion and District Authority 1. NOT COVERED: Stress related illness; elective surgery, normal pregnancy, worker’s compensation claims; disabilities resulting from alcoholism or drug addiction unless the drugs are administered by a physician; intentionally self- inflicted injuries; pre-existing physical maladies or normal illness such as colds, flu, allergies, headaches etc. 2. The District shall have the exclusive authority and responsibility to adopt the rules, regulations and guidelines to implement or change the program in conformance with Education Code 87045.

Leave Bank 1. The District annually, or as needed, will promote a “call for leave donations” for the Leave Bank. 2. Requests for Catastrophic Leave are subject to availability. The District is not responsible for filling requests from the Leave Bank if no hours are available. 3. It is the responsibility of the employee or the employee’s authorized person making the request, to submit appropriate documentation to the Vice President of Human Resources for approval of request. Insufficient information will be grounds for denial of request for catastrophic leave. 4. All requests for catastrophic leave will be made directly to the Vice President of Human Resources who will determine eligibility.

Definitions Catastrophic Illness or Injury: As defined in Education Code 87045, a catastrophic illness or injury is one that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family to the point that the incapacity requires the employee to take time off from work for an extended period of time to care for that family member and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all sick leave and

- 408 - other paid time off. Examples include life threatening injury or illness; cancer AIDS, heart surgery, stroke, etc.

Call for Donations: The District will solicit requests for donations to the Catastrophic Leave Bank as needed.

Duration: Per Education Code 87045, all donated leave is available for a maximum of 12 months.

Grievances: Nothing in this plan is subject to any grievance process.

Irrevocability: Once leave is donated, the donor cannot retrieve any portion of the donated leave.

Leave Bank: Unused donated hours specifically donated to the Catastrophic Leave Bank.

Eligible Leave Credits: Vacation leave and sick leave accrued to the donating employee.

Medical Verification: Documentation provided by the employee which verifies, to the satisfaction of the District, that the employee, or a member of the employee’s family, is suffering from a catastrophic illness/injury.

AP 7346 Employees Called to Military Duty

Reference: Military and Veteran’s Code Section 389 et seq.; Education Code Sections 87018, 87700, 87832 and 88116; 38 U.S.C. Section 4301 et seq.

The following applies to any district employee, academic or classified, who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of any branch of the military service, during any period of national emergency declared by the President of the United States or during any war in which the United States of America is engaged.

Leave Upon presentation of a copy of orders for active duty in the Armed Forces, the National Guard, or the Naval Militia, the District shall grant a military leave of absence for the period of active duty specified in the orders, but not to exceed five years for a permanent, probationary, or exempt employee, or for the remainder of a limited-term employee’s appointment or a temporary employee’s appointment.

Salary Any district employee called to active duty who has been in the service of the district for at least one year will continue to receive his or her salary for the first thirty (30) calendar days of ordered military service. Employees who are members of the National Guard will continue to receive salary for the first thirty (30) calendar days of active service regardless of length of service with the district.

In addition, the district may provide for not more than 180 calendar days as part of the employee’s compensation, all of the following:  The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty.  All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts.

Employees returning from military leave shall have their salary adjusted to reflect salary increases that are not based on merit.

Health Benefits An employee on military leave for less than 31 days shall continue to receive health

- 410 - insurance benefits.

Employees on leave for longer than thirty (30) days may elect to continue health care coverage for themselves and their eligible dependents for a maximum period of eighteen (18) months.

Returning veteran employees whose coverage was terminated because of military leave will not be subject to any exclusion or waiting period prior to reinstatement of health coverage.

Vacation and Sick Leave Employees on military leave accrue any benefits the district provides to other employees, e.g. if employees on other approved leaves are permitted to accrue vacation or sick leave, employees on military leave will do so as well.

Employees on military leave shall accrue any benefits afforded by any collective bargaining agreement negotiated during their absence.

Any employee on temporary military leave for training who has worked for the district for at least one year shall continue to accrue vacation, sick leave and holiday privileges up to a maximum period of 180 days.

Reinstatement An employee on active duty military leave shall be entitled to return to the position held by him or her at the time of his or her entrance into the service within six months after the employee honorably leaves the service or is placed on inactive duty.

In the case of a contract academic employee, absence on military leave shall not count as part of the service required for the acquisition of tenure, but the absence shall not be construed as a break in the continuity of service. If the employee was employed by the district for more than one year, but had not yet become a regular academic employee of the district, he or she is entitled to return to the position for the period of time his or her contract of employment had to run at the time he or she entered military service.

In the case of an academic employee, absence on military leave shall not be construed as a break in the continuity of service.

In the case of a classified employee, absence on military leave shall not be construed as a break in the continuity of service.

AP 7350 Resignations

Reference: Education Code Sections 87730; 88201; Board Policy 7350

See Board Policy 7350.

AP 7360 Discipline and Dismissal – Academic Employees

Reference: Education Code Section 87669; 87732; CTA/NEA Collective Bargaining Agreement

Causes for Discipline A regular employee or academic employee may be dismissed or penalized for one or more of the following causes:  Immoral or unprofessional conduct.  Dishonesty.  Unsatisfactory performance.  Evident unfitness for service.  Physical or mental condition that makes him or her unfit to instruct or associate with students.  Persistent violation of, or refusal to obey, the school laws of the state or reasonable regulations prescribed for the government of the community colleges by the Board of governors or by the governing board of the district  Conviction of a felony or of any crime involving moral turpitude.  Conduct specified in Section 1028 of the Government Code. (i.e., knowing membership in the Communist Party or of any organization which advocates the overthrow of the government of the United States by force or violence.)

Background Checks Background checks may be conducted as part of disciplinary or harassment investigations. (Civil Code Section 1786, et seq. Fair Credit Reporting Act) Advanced notice of discipline/harassment investigations shall be provided to those under investigation. If the investigation results in action that adversely affects the employee, the employee shall receive oral, written, or electronic notice of:  the adverse action;  the name, address, and telephone number of the third party agency that furnished the report;  the employee’s right to obtain a free copy of the report; and  the employee’s right to dispute the accuracy or completeness of any of the information in the report.

Notice and Appeal The District shall not act upon any charges of unprofessional conduct or unsatisfactory performance unless during the preceding term or half college year

- 413 - prior to the date of the filing of the charge, and at least 90 days prior to the date of the filing, the employee against whom the charge is filed has been given written notice of the unprofessional conduct or unsatisfactory performance, specifying the nature of the conduct with specific instances of behavior and with particularity to permit the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the most recent evaluation of the employee.

If the Board decides it intends to dismiss or penalize a contract or regular employee, a written statement, signed and verified, shall be delivered to the employee setting forth the complete and precise decision of the Board and the reasons for the decision.

The written statement shall be delivered by serving it personally on the employee or by mailing it by United States registered mail to the employee at his or her address last known to the district.

If the employee objects to the decision on any ground, the employee shall give written notice of the objection to the board and the Superintendent/President of his or her objection within 30 days of the date of the service of the notice.

Within 30 days of receipt of the employee's demand for a hearing, the employee and the Superintendent/President, or designee shall attempt to agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the Superintendent/President, or designee shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the district. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter.

If within 30 days of the receipt of the employee’s demand for hearing, no written agreement has been reached between the employee and the district regarding appointment of an arbitrator, the District will certify the matter to the California State Office of Administrative Hearings and request the appointment of an administrative law judge.

Upon appointment, the arbitrator or the Administrative Law Judge shall conduct the proceedings in accordance with the California Administrative Procedures Act, except that the right of discovery shall not be limited to those matters set forth in Section 11507.6 of the California Government Code but shall include the rights and duties of any party in a civil action brought in a superior court. In all cases, discovery shall be completed prior to one week before the date set for hearing.

The arbitrator or Administrative Law Judge shall determine whether there is cause to dismiss or penalize the employee. If the arbitrator finds cause, the arbitrator shall determine whether the employee shall be dismissed, the precise penalty to be imposed, and whether the decision should be imposed immediately or be postponed.

No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the district concerning the employee

- 414 - may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice.

The decision of the arbitrator or Administrative Law Judge will be made in writing and provided to all parties.

AP 7365 Discipline and Dismissal – Classified Employees

Reference: Education Code Section 88013; CSEA Collective Bargaining Agreement; Board Policy 7365

Grounds for Discipline The term “discipline”, for purposes of this procedure, shall mean a suspension without pay for more than five (5) working days, involuntary demotion (except layoff) or termination.

A permanent member of the classified service shall be subject to disciplinary action for any of the following grounds:  Fraud in securing employment or making a false statement on an application for employment.  Incompetence, i.e., inability to comply with the minimum standard of an employee's position for a significant period of time.  Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his position.  Willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning the authority of a supervisor or manager.  Dishonesty involving employment.  Being under the influence of alcohol or illegal drugs or narcotics while on duty, being impaired by alcohol or illegal drugs in your biological system while on duty which could impact your ability to do your job.  Excessive absenteeism.  Inexcusable absence without leave.  Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave.  The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute grounds for dismissal of any employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The Office of Human Resources may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline, or the determination if such conviction is an offense involving moral turpitude. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere made to a felony charge or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this section.

- 416 -  Discourteous treatment of the public or other employees.  Improper or unauthorized use of District property.  Refusal to subscribe to any oath or affirmation that is required by law in connection with District employment.  Any willful act of conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the District, the employee's department or division.  Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of District property.  Violation of the rules and regulations published in any department.  Mental or physical impairment that render the employee unable to perform the essential functions of the job without reasonable accommodation, or without presenting a direct threat to the health and safety of self or others.  Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties.  The refusal of any officer or employee of the District to testify under oath before any court, grand jury, or administrative officer having jurisdiction over any then pending cause of inquiry in which the District is involved. Violation of this provision may constitute of itself sufficient ground for the immediate discharge of such officer or employee.  Willful violation of any of the provisions of the ordinances, resolutions or any rules, regulations or policies, which may be prescribed by the District.  Improper political activity. Example: Those campaigning for or espousing the election or non-election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or the dissemination of political material of any kind while on duty and/or during working hours.  Working overtime without authorization.

Background Checks Background checks may be conducted as part of disciplinary or harassment investigations. (Civil Code Section 1786, et seq. Fair Credit Reporting Act) Advanced notice of discipline/harassment investigations shall be provided to those under investigation. If the investigation results in action that adversely affects the employee, the employee shall receive oral, written, or electronic notice of:  the adverse action;  the name, address, and telephone number of the third party agency that furnished the report;  the employee’s right to obtain a free copy of the report; and  the employee’s right to dispute the accuracy or completeness of any of the information in the report.

Disciplinary Actions Disciplinary action taken by the District against a permanent member of the classified service may include any of the following.  Reduction in pay or demotion. The District may reduce the pay or demote an employee whose performance of the required duties falls below standard, or for misconduct.  Suspension of five (5) or more days. An employee may be suspended for disciplinary purposes without pay.

- 417 -  Discharge. A permanent member of the classified service may be discharged for just cause at any time. Formal written notice of discharge may be made after considered action during a period of suspension.

Procedure for Disciplinary Action and Appeal The District may, for disciplinary purposes, suspend, demote or terminate any employee holding a position in the classified service. Demotion shall include reduction in pay from a step within the class to one or more lower steps.

For classified employees suspended, demoted or discharged the District shall follow a pre-disciplinary procedure as follows:

Notice of Intent: Whenever the District intends to suspend an employee, demote the employee, or dismiss the employee, the employee shall be given a written notice of discipline which sets forth the following:  The disciplinary action intended;  The specific charges upon which the action is based;  A factual summary of the grounds upon which the charges are based;  A copy of all written materials, reports, or documents upon which the discipline is based;  Notice of the employee’s right to respond to the charges either orally or in writing to the appropriate manager;  The date, time and person before whom the employee may respond in no less than five (5) working days;  Notice that failure to respond at the time specified shall constitute a wavier of the right to respond prior to final discipline being imposed.

Response by Employee: The employee shall have the right to respond to the appropriate manager orally or in writing. The employee shall have a right to be represented at any meeting set to hear the employee’s response. In cases of suspensions, demotions, or dismissal, the employee’s response will be considered before final action is taken.

Final Notice: After the response or the expiration of the employee’s time to respond to the notice of intent, the appropriate authority shall: 1) dismiss the notice of intent and take no disciplinary action against the employee; or 2) modify the intended disciplinary action; or 3) prepare and serve upon the employee a final notice of disciplinary action. The final notice of disciplinary action shall include the following:  The disciplinary action taken;  The effective date of the disciplinary action taken;  Specific charges upon which the action is based;  A factual summary of the facts upon which the charges are based;  The written materials reports and documents upon which the disciplinary action is based;  The employee’s right to appeal.

Appeal and Request for Hearing: If a classified employee, having been issued the final notice of disciplinary action, wants to appeal the action, he or she shall within ten (10) calendar days from the date of receipt of the notice, appeal to the governing board by filing a written answer to the charges and a request for hearing with the [designate position].

- 418 - Time for Hearing: The governing board shall, within a reasonable time from the filing of the appeal, commence the hearing. The Board may conduct the hearing itself, or it may secure the services of an experienced hearing officer or Administrative Law Judge to conduct a hearing and render a proposed decision for consideration by the Board. However, in every case, the decision of the Board itself shall be final. The Board of Trustees may affirm, modify or revoke the discipline. Any employee, having filed an appeal with the Board and having been notified of the time and place of the hearing, who fails to make an appearance before the board, may be deemed to have abandoned his or her appeal. In this event, the Board may dismiss the appeal.

Record of Proceedings and Costs: All disciplinary appeal hearings may, at the discretion of either party or the Board of Trustees, be recorded by a court reporter. Any hearing which does not utilize a court reporter shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter.

Conduct of the Hearing:  The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth.  Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.  Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would admissible over objection in civil actions.  The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.  Irrelevant and unduly repetitious evidence may be excluded.  The Board shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Board shall not be invalidated by any informality in the proceedings.  During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.

Burden of Proof: In a disciplinary appeal the District has the burden of proof by preponderance of the evidence.

Proceed with Hearing or Request for Continuance: Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated.

Testimony under Oath: All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following:

“Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?”

- 419 - Presentation of the Case: The hearing shall proceed in the following order unless the Board of Trustees, for special reason, directs otherwise:  The party imposing discipline (District) shall be permitted to make an opening statement.  The appealing party (employee) shall be permitted to make an opening statement.  The District shall produce its evidence.  The party appealing from such disciplinary action (employee) may then offer their evidence.  The District followed by the appealing party (employee) may offer rebutting evidence.  Closing arguments shall be permitted at the discretion of the Board of Trustees. The party with the burden of proof shall have the right to go first and to close the hearing by making the last argument. The Board may place a time limit on closing arguments. The Board or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Board will determine whether to allow the parties to submit written briefs and determine the number of pages of briefs.

Procedure for the Parties: The District representative and the employee representative will address their remarks, including objections, to the President of the Board. Objections may be ruled upon summarily or argument may be permitted. The Board reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representative shall continue with the presentation of their case.

Right to Control Proceedings: While the parties are generally free to present their case in the order that they prefer, the Board reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses.

Hearing Demeanor and Behavior: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Board of Trustees.

Deliberation upon the Case: The Board of Trustees should consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Board may deliberate at the close of the hearing or at a later fixed date and time. In those cases where the Board has received a proposed decision from a hearing officer or Administrative Law Judge, the proposed decision, the record of the hearing and all documentary evidence shall be available for review by the Board when it deliberates.

Written Findings, Conclusion and Decision: The Board shall render its findings, conclusions and decision as soon after the conclusion of the hearing as possible. A finding must be made by the Board on each material issue. The Board may sustain or reject any or all of the charges filed against the employee. The Board may sustain, reject or modify the disciplinary action invoked against the employee. In those cases where the Board has received a proposed decision from a hearing officer or

- 420 - Administrative Law Judge, the Board may adopt the proposed decision, modify the proposed decision or render a new decision. If the Board recommends reinstatement of the terminated employee, the employee is only entitled to back pay minus the sum the employee has earned during the period of absence.

Decision of the Board to be Final: The decision of the Board of Trustees in all cases shall be final.

Emergency Suspension: If an employee’s conduct presents an immediate threat to the health and safety of the employee or others, the employee may be suspended without compliance with the provisions this procedure. However, as soon as possible after suspension, the employee shall be given notice as set forth herein.

Record Filed: When final action is taken, the documents shall be placed in the employee’s personnel file.

AP 7366 Reinstatement

Classified Employee Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or reemployed by the governing board of the district, within 39 months after the employee’s last day of paid service and without further competitive examination, to a position in his or her former classification as a permanent or limited-term employee, or in a related lower class or a lower class in which the employee formerly had permanent status.

Academic Employee Reference: Education Code Section 87744

AP 7370 Political Activity

Reference: Education Code Sections 7050 et seq.; Board Policy 7370

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 governing board.

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.

AP 7371 Personal Use of Public Resources

Reference: Government Code Section 8314; Penal Code Section 424

No employee or consultant shall use or permit others to use public resources, except that which is incidental and minimal, for personal purposes or any other purpose not authorized by law.

AP 7380 Retiree Health Benefits – Academic Staff

Reference: Education Code Section 7000 et seq.; CTA/NEA Collective Bargaining Agreement

An academic employee who has been employed full-time with the District in a regular contract status for not less than five (5) consecutive years leading to retirement; is at least the minimum age allowed for retirement according to STRS/PERS regulations; and, has provided the appropriate written notice to the Human Resources Department of his/her intent to retire shall be eligible for continued medical insurance coverage under the District’s group insurance policy for a period not to exceed ten (10) years.

Retiree dependent coverage shall be offered with any attendant costs being fully borned by the retiree. The dependent coverage shall cease upon termination of the retiree’s enrollment in the program.

Upon written request from an academic employee, made prior to the effective date of retirement, the employee may opt for a one (1) time payment of $5,000 in lieu of the continued health benefit program. Should the employee choose this option, the option is irrevocable and the retiree shall not be eligible for participation in the health benefit program.

AP 7381 Health and Welfare Benefits

Reference: Government Code Section 53200; Education Code Section 88036

See also CTA/NEA Collective Bargaining Agreement and CSEA Collective Bargaining Agreement.

AP 7400 Travel

Conference Attendance A critical component of district operations is attendance at consortiums, workshops, seminars, conferences and other related meetings with professional colleagues. In many cases, attendance is the only means by which the District finds out about new developments, legislation, agency investigations, litigation and programs. District travel is also a very visible activity with many different, and fervently held, opinions. It is vitally important that every District employee recognize the importance as well as the high profile of travel activity.

GENERAL INFORMATION Travel is typically funded through a number of mechanisms and includes:

• General fund budget allocations to departments, usually approved by an administrator. These funds are typically used for mileage, attending regular, information-sharing types of meetings and/or special workshops that relate directly to the operational aspects of the department. • General fund budget allocation to the Human Resources Department, administered in accordance with established guidelines. These funds are typically used for mileage, attending regular, information-sharing types of meetings and/or special workshops that relate directly to the operational aspects of the college or a specific department or program. • Categorical allocations to departments/programs, approved by an administrator. These funds are typically used for mileage, attending regular/special, information-sharing meetings and/or special workshops related directly to the operational aspects of the categorical program.

PROCEDURES 1. Travel for any purpose may be requested by the faculty/staff member or required by the supervisor. Approval/disapproval shall be based on: a. the availability of funding appropriate to the proposed travel b. operational needs (can the function/department continue to operate if there is a travel absence?) c. the number of faculty/staff attending the same event (the district may opt to consolidate training with an on-campus offering or send one faculty/staff member who will return and train others) d. the criteria established by the Staff Development Committee, if applicable

- 427 - e. the benefit to be derived from the travel f. the role of the faculty/staff member in the organization sponsoring the event g. the amount of recent travel by the faculty/staff member

2. Travel shall be requested on the "Conference Attendance Request" (CAR). If prepayment of any fees or expenses is needed, a "Purchase Requisition" shall be prepared and attached to the CAR for each prepayment check

3. If the supervisor approves the request (or is requiring the travel), budget approval is within the department and the travel is in California, the forms are signed and forwarded to accounts payable in Business Services.

4. If the supervisor disapproves the request, he/she shall cite one or more of the reasons above and return the request to the faculty/staff member.

5. If budget approval is not available within the department, the request shall be forwarded to the appropriate budget administrator, e.g., staff development to the Human Resources Department.

6. If the request involves travel out-of-state, the request shall be forwarded to the Human Resources Department for inclusion on the next board agenda. All out- of-state travel must be approved by the Board prior to the travel taking place.

7. Upon return from travel, the faculty/staff member shall submit a travel claim, mileage reimbursement form and a conference report to the supervisor. No further travel will be approved until such documents are filed.

PREPAYMENT CHECKS: Attach the following forms with the conference request form: • A purchase requisition for each check requested prior to the event • Reservation or registration forms

REIMBURSEMENT CHECKS: (Submit to Business Services) • Expense claim form (All receipts must accompany the form.) • Mileage reimbursement form for mileage incurred

CONSIDERATIONS Travel is a legitimate business/operational necessity for the District. Faculty and staff must honor the public trust and the investment in the District's programs and people. Consider the following:

 Do you have all the information you need about the event to make an informed decision about attending?  Is there an alternative method available to obtain event information?  Are other faculty/staff attending the event?

 How will attending this event benefit the District?  How will you be able to share the event information with others in the District?  Is there a less expensive means of travel (an alternative mode of transportation, a less expensive accommodation, or a way to share expenses)?  Are you willing to invest any of your own funds in the event?  What would be the consequence(s) if you did not attend?

- 428 -  Are you making a presentation, acting as an organization officer, receiving some recognition and/or participating in some other official capacity?  Can a similar event be arranged for on-site presentation?  When was the last time you attended such an event?

CLASSIFIED STAFF DEVELOPMENT\CONFERENCE ATTENDANCE Classified staff is encouraged to take advantage of professional development, networking and updating opportunities. The District supports on-campus professional development activities, provides funds for professional development activities, and excuses staff from work assignments, when possible.

When the District (or supervisor) requires a classified staff member to attend training, such training will occur during regularly scheduled working hours, if possible. Otherwise, the staff member will either be paid or allowed compensatory time off, as determined by the supervisor, and must be so documented on a Time Sheet for Monthly Payroll form. Typically, required training is mandated by legislation needed for licensure or necessary for safety purposes.

Staff development and conference attendance is typically requested by the individual staff member. Time off from an individual's work assignment may be granted by the supervisor to attend staff development activities or conferences when these occur during working hours. Workload, staffing and the benefit to the District are usually significant factors in making these decisions.

It is a long-standing practice that:  Time off is not granted for full term/semester course work. When possible, a supervisor may allow a change in the work schedule for the duration of the course, but the staff member must complete the assigned working hours during the work week.  Staff development activities and conferences are elective activities and are requested by the staff member. District financial support and time off consideration may be extended; however, attendance outside of working hours or on non-duty days is considered voluntary, (not an assignment or part of the job duties). Neither pay nor compensatory time off will be granted for attendance on weekends, holidays, evenings, or other non-working assignment periods (hours, days or months).

Conference Travel Pay The rules and consequences for sending or supporting a classified employee’s attendance at conferences and workshops which occur outside of their regularly scheduled work hours are different than for supervisors, managers or faculty.

1. Lectures, Meetings and Training Programs Under the Federal Fair Labor Standards Act “attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met”: a) Attendance is outside of the employee’s regular working hours; b) Attendance is in fact voluntary; c) The course, lecture, or meeting is not directly related to the employee’s job; and d) The employee does not perform any productive work during such attendance.

When employees travel under these circumstances travel requests must be

- 429 - received by the Chief Human Resources Officer prior to the travel date.

Failure to meet any one of the above criteria means that the hours in question are work hours. However, there may be circumstances where some types of independent training or special situations are not regarded as hours worked. In these instances, contact Human Resources directly to have your questions answered.

2. Travel Time Once it is determined that the Lecture, meeting or training program qualifies as time worked, the associated travel time may also qualify as time worked. The rules for determining whether the associated travel is considered time worked are situational and complicated and cannot be adequately explained in this procedure. Contact the Supervisor of Human Resources, prior to authorizing the planned travel/conference attendance, for assistance in determining the specific implications of the proposed activity.

The Portal-to-Portal Act (29 U.S.C. §254(a)) specifically excludes from compensation time spent “walking, riding or traveling to and from the actual place of performance of the principal activity” of an employee and time spent in “activities which are preliminary or postliminary” to the principal activity. Travel time at the beginning or end of the workday, therefore, is not compensable.

AP 7500 Volunteers

Purpose and Scope The purpose of this procedure is to outline district policy on volunteers. Each volunteer is subject to the screening process set forth in this policy, with the following exceptions:  volunteers serving in single day college events  individuals serving as volunteers in Associated Student Organization officer positions at the colleges. ASO officers are not entitled to defense and indemnity by the District

The Chief Human Resources Officer may authorize suspension of the screening process when he/she believes that this process is not necessary for the volunteers serving in the particular event.

General The District may enter into agreements with outside organizations to provide volunteers to the District to work at college locations. Such agreements will contain appropriate defense and indemnification language to protect the district from liability in connection with the volunteer services.

Volunteers serve the District in an "at will" capacity. The District may terminate a volunteer's services for any reason or no reason at all.

Persons under the age of 18 are excluded from providing volunteer services for the District.

Pursuant to Government Code section 3119.5, no person aged 60 years or older may be excluded from volunteer service if the person is physically, mentally and professionally capable of performing the services involved. A person shall be deemed "professionally capable" if he/she can demonstrate reasonable proficiency or relevant certification and performs his/her professional duties in accordance with laws, regulations or the technical standards that govern his/her area of volunteer responsibility.

Volunteers may not be used in lieu of classified employees. The District may not refuse to employ a person in a vacant classified position and use volunteers instead, nor may it abolish any classified positions and use volunteers instead.

- 431 - Volunteer services must be approved by the Chief Human Resources Officer, or designee, prior to the volunteer services being provided.

Screening The District may use a written application form that requires, at a minimum, the volunteer's name, address, phone number, birth date and history of convictions.

A volunteer's service record shall be maintained by the district.

Subject to the limitations of this policy and the Fair Labor Standards Act (FLSA), employees assigned to other positions within the District may serve as volunteers during off-hours.

Fingerprints of each volunteer may be required. Volunteers with on-going assignments and volunteers who interact with minors shall be required to provide a complete set of fingerprints for the purpose of running a criminal background check.

No person may serve as a volunteer in the District if:  He/she has been convicted of or if he or she has charges pending which pertains to any sex offense (as defined in Education Code section 87010), or controlled substance offense (as defined in Education Code section 87011).  He/she has been convicted of a crime and the Superintendent/President, or designee, determines that: the nature of the crime is too serious to serve as a volunteer; the crime was too recent; and/or the crime is inconsistent with obligations in performing assigned duties as a volunteer.  He/she has a health condition that would preclude him/her from satisfactorily performing essential duties of the position.  He/she makes a false statement or omits a statement as to any material fact on the application form.

Incidental Expenses Persons serving without pay as volunteers may receive reimbursement for incidental expenses.

Benefits Volunteers are not employees of the District; however, they shall be covered for the purpose of worker's compensation benefits for injuries sustained while engaged in the performance of any service under the direction and control of the District. With the exception of worker's compensation (Education Code Section 72401), volunteers shall serve without any type of compensation or any other benefits granted to district employees. Volunteers shall not be entitled to defense and indemnity from the district.

Procedures For each volunteer being considered to provide volunteer services for the District, a Notice of Volunteer Services form must be completed and submitted to the Human Resources Department. The Notice of Volunteer Services form is located on the P drive (P:/FORMS/HR Notice of Volunteer Services). A human resources representative will review the information provided and determine whether the individual and services being considered meet the established

- 432 - volunteer services guidelines as established above. Once reviewed and approved, email notification will be sent to the appropriate area dean/administrator. The volunteer may then begin providing volunteer services.

AP 7600 Safety

Reference: Cal/OSHA; Labor Code Sections 6300 et seq; Title 8, Section 3203; Code of Civil Procedure Section 527.8; Penal Code Sections 273.6; 626.9; 626.10; and 12021

Definitions: Prevention activities increase awareness and minimize the potential for crisis in the workplace. Training is essential for all staff to learn how to recognize early warning signs, so that appropriate intervention can be provided for identified areas of conflict in the workplace.

Crisis or conflict constitutes any inappropriate or unreasonable disruption that interferes with the normal functioning of your work.

Acts of violence include any physical action, whether intentional or reckless, that harms or threatens the safety of self, another individual or property.

A threat of violence includes any behavior that by its very nature could be interpreted by a reasonable person as intent to cause physical harm to self, another individual or property.

Workplace includes off-campus locations as well as college-sponsored activities where faculty, staff or student employees are engaged in college business or locations where incidents occur as a result of the person’s relationship to the college community.

Emergencies Any employee shall immediately report any situation that threatens life or property and demands an immediate response of police, fire or medical personnel by first dialing extension 7777 from a district phone or dial 911 and then immediately notify Campus Police.

Equipment and Sanitation Should the duties of an employee require the use of equipment to ensure the safety of the employee, the District shall furnish such equipment. Complaints related to health safety, sanitation and working conditions shall be forwarded to Betty Williams, Safety Coordinator, Human Resources for review and recommendation.

Crisis and Conflict Intervention Any employee experiencing an unsafe work condition should immediately contact

- 434 - his/her supervisor or the Campus Police Department at 639-5180 or extension 7777. The supervisor shall immediately notify the Chief of Police or on duty Police Officer about any acts or threats of violence.

It is the responsibility of all employees to immediately report threats, acts of violence or any other behavior which deliberately hurts or harms another person at the college to their immediate supervisor and Campus Police Department. Such reports will be promptly and thoroughly investigated.

In the event of an act or threat of violence, the Campus Police Department will investigate the incident and forward the results of the completed investigation to the Vice President of Human Resources for consideration. Law enforcement will take appropriate action if the incident involves injuries or criminal activitiy.

The Campus Police Department will coordinate available resources to provide intervention, consultation or referral, which may include arranging for counselors to work with victims and observers of the incident.

Restraining Orders/Court Orders An employee shall notify Campus Police of any restraining orders/court orders when named as a plaintiff, and provide a copy of the order to Campus Police. In the event the supervisor the supervisor is informed by an employee of a restraining order, the supervisor will contact the Chief of Police or on duty Police Officer and ensure they are aware of it, and that they have a copy of the restraining order on file.

AP 7610 College Police

College Police The Chief Human Resources Officer is delegated the responsibility to establish minimum qualifications of employment for the College Chief of Police including but not limited to the conditions contained in Board Policy (see BP 7600).

Every member of the police department first employed by the District before July 1, 1999 must, in order to retain his or her employment, meet the requirements of Education Code Section 72330.2, including but not limited to:  Submission of one copy of his or her fingerprints which shall be forwarded to the Federal Bureau of Investigation  A determination that the employee is not a person prohibited from employment by a California community college district, and  If the employee is required to carry a firearm, is not a person prohibited from possessing a firearm.

Every member of the college police shall be supplied with, and authorized to wear, a badge bearing words “Mt. San Jacinto College Police.” Every member of the college police shall be issued a suitable identification card.

Salaries for college police shall be established after appropriate negotiations with their exclusive representative.

The Chief Human Resources Officer, in cooperation with the Chief of Police, shall issue such other regulations as may be necessary for the administration of the college police.  Schedules and shifts  Call back procedures  Weapons practices, especially drawing weapons  Use of vehicles  Pursuit practices  Discipline procedures  Training

The College Police shall cooperate with local law enforcement in accordance with an agreement to be entered into in accordance with the requirements of Education Code Section 67381. The agreement shall address, but not be limited

- 436 - to, the following:  Operational responsibilities for investigations of the following violent crimes: willful homicide, forcible rape, robbery, aggravated assault  Geographical boundaries of the operational responsibilities  Mutual aid procedures

Every campus security officer employed or continuing in employment shall meet the requirements set out in Education Code Section 72330.5, including but not limited to:  submission of one copy of his or her fingerprints which shall be forwarded to the Federal Bureau of Investigation;  a determination that the employee is not a person prohibited from employment by a California community college district, and,  if the employee is required to carry a firearm, is not a person prohibited from possessing a firearm.

Members of campus security shall be employed as members of the classified service of the District.

The Chief Human Resources Officer, or designee, shall issue such other procedures as may be necessary for the administration of the campus security officers, which may include:  Schedules and shifts  Call back procedures  Use of vehicles  Weapons practices, especially drawing weapons  Pursuit practices  Discipline procedures  Training  Responsibilities to coordinate with local law enforcement

AP 7700 Whistleblower Protection

Reference: California Labor Code Section 1102.5; Government Code Section 53296; Private Attorney General Act of 2004 (Labor Code Section 2698)

Individuals are encouraged to report suspected incidents of unlawful activities by district employees in the performance of their duties. Reports will be investigated promptly and appropriate remedies applied. Employees who, in good faith, reported such activities and/or assist the district in the investigation will be protected from retaliation.

This procedure sets out the processes for responding to and investigating reports of unlawful activities, and addressing complaints of retaliation for making such reports.

Filing a Report of Suspected Unlawful Activities Any person may report allegations of suspected unlawful activities. Knowledge or suspicion of such unlawful activities may originate from academic personnel, staff or administrators carrying out their assigned duties, internal or external auditors, law enforcement, regulatory agencies, customers, vendors, students or other third parties.

Anonymous reports will be investigated to the extent possible. However, employees are strongly encouraged not to report anonymously because doing so impedes the District’s ability to thoroughly investigate the claim and take appropriate remedial measures. As set forth fully below, retaliation against individuals who report suspected unlawful activities will not be tolerated.

Normally, a report by a district employee of allegations of a suspected unlawful activity should be made to the reporting employee’s immediate supervisor or other appropriate administrator or supervisor within the operating unit. However, if the report involves or implicates the direct supervisor or others in the operating unit, the report may be made to any another district official whom the reporting employee believes to have either responsibility over the affected area or the authority to review the alleged unlawful activity on behalf of the District. When the alleged unlawful activity involves the Superintendent/President, the report should be made to the president of the board of trustees. When the alleged unlawful activity involves the board of trustees or one of its members, the report should be made to the Superintendent/President who will confer with the president of the board of trustees and/or legal counsel on how to proceed.

Allegations of suspected unlawful activities should be made in writing so as to assure a clear understanding of the issues raised, but may be made orally. Such reports should be factual and contain as much specific information as possible. The receiving

- 438 - supervisor or administrator should elicit as much information as possible. If the report is made orally, the receiving supervisor or administrator shall reduce it to writing and make ever attempt to get the reporter to confirm by his or her signature that it is accurate and complete.

Once the receiving supervisor or administrator has received and/or prepared a written report of the alleged unlawful activity, the report must immediately be forwarded to the Superintendent/President, or designee. However, if this process would require submitting the report to an employee implicated in the report, the receiving supervisor or administrator should follow the reporting options outlined, above. The Superintendent/President or trustee who receives the written report pursuant to this paragraph is responsible for ensuring that a prompt and complete investigation is made by an individual with the competence and objectivity to conduct the investigation, and that the assistance of counsel and/or an outside investigator is secured if deemed necessary.

In the course of investigating allegations of unlawful conduct, all individuals who are contacted and/or interviewed shall be advised of the District’s no-retaliation policy. Each individual shall be: a) warned that retaliation against the reporter(s) and/or others participating in the investigation will subject the employee to discipline up to and including termination; and b) advised that if he or she experiences retaliation for cooperating in the investigation, then it must be reported immediately.

In the event that an investigation into alleged unlawful activity determines that the allegations are accurate, prompt and appropriate corrective action shall be taken.

Protection from Retaliation When a person makes a good-faith report of suspected unlawful activities to an appropriate authority, the report is known as a protected disclosure. District employees and applicants for employment who make a protected disclosure are protected from retaliation.

Any employee who believes he or she has been (1) subjected to or affected by retaliatory conduct for reporting suspected unlawful activity, or (2) for refusing to engage in activity that would result in a violation of law, should report such conduct to the appropriate supervisory personnel (if such supervisory personnel is not the source of or otherwise involved in the retaliatory conduct). Any supervisory employee who receives such a report, or who otherwise is aware of retaliatory conduct, is required to advise the Superintendent/President, or designee. If the allegations of retaliation, or the underlying allegations of unlawful conduct involve the Superintendent/President, the supervisor shall report to the highest level administrator and/or trustee who is not implicated in the reports of unlawful activity and retaliation

All allegations of retaliation shall be investigated promptly and with discretion, and all information obtained will be handled on a "need to know" basis. At the conclusion of an investigation, as appropriate, remedial and/or disciplinary action will be taken where the allegations are verified and/or otherwise substantiated.

Requirement to Post Whistleblower Hotline The District shall prominently display in lettering larger than size 14 point type a list of employees' rights and responsibilities under the whistleblower laws referenced in this procedure. The list shall include the telephone number of the whistleblower hotline,

- 439 - (800) 952-5665, for employees who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees.

Other Remedies and Appropriate Agencies In addition to the internal complaint process set forth above, any employee who has information concerning allegedly unlawful conduct may contact the appropriate government agency.

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