Student Code of Conduct

CCA expects students to conduct themselves as responsible individuals, respecting the rights and differences of others. All members of the CCA community have a strong responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all. To this end, CCA's Code of Conduct and disciplinary procedures have been established.

Code of Conduct

The following acts will not be tolerated at CCA and subject the offender to disciplinary action. This list of prohibited conduct is illustrative only. Conduct at CCA or in direct connection with any college or college-related activity violates the code whenever it is detrimental to the security, personal safety, or welfare of the members of the college community, damages or potentially damages college or individual property or facilities, or otherwise opposes the college's interests.

Knowingly furnishing false information to the college
Forgery, alteration, or misuse of college documents, records, or identification
Interference with, obstruction of, or disruption of the teaching or learning process, administration, or any other authorized college activity
Violation of the college's policies against unlawful harassment and discrimination or of its other important policies for compliance with laws governing such actions
Causing injury or physical harm to or abusing any member or guest of the college community
Theft, defacing, or damage to any property of the college or to the property of any member or guest of the college community
Unauthorized entry into or use of college facilities
Violation of a city, county, state, or federal law on college-owned or -controlled property or at any college-supervised function
Possession, distribution, or use of illegal drugs on college property or at college-sponsored activities or events
Possession, distribution, or use of alcohol on college property or at college-sponsored activities or events, except under the conditions specified in the Alcohol Policy
Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons on college property or at college-sponsored activities
Unauthorized residence in college-owned or college-controlled property
Violation of the college's residence agreements, rules, or other policies, including
Acts or threats of intimidation or harassment
Attempting, soliciting, assisting, or inciting another to perform an act which violates the Code of Conduct
Failure to comply with the direction of college officials acting in the performance of their duties

Mental Health Difficulties

The college may administratively take nondisciplinary action affecting, on a temporary basis, a student's attendance after instances of disruptive or other behavior that the college reasonably believes may be caused by mental health issues. Such actions must be approved by the Dean of Students, and shall generally first allow but not require the student an opportunity for submission of information by the student, the student's health care provider, or both and, in the judgment of the college, if it so desires, an independent medical evaluation selected by the college.

Possible temporary actions include placement on leave of absence, with return conditioned on medical evaluation and report (student's treatment professional or an independent professional).

Disciplinary Procedures for Non-academic Offenses

Filing of Charges. Any member of the college community may file a charge alleging that a student has violated a provision of the Code of Conduct in the course of activities other than those regulated by the Academic Integrity Code. Such charges must be stated in writing, identifying the basis of the charge, the relevant events, the dates, and the individuals that have knowledge of the events. Charges should be filed with the Student Affairs Office before the close of the semester in which the events have occurred unless permitted otherwise by the Dean of Students (who will not permit such a delay without good reason). Under usual circumstances, the Dean will transmit a copy of the charge to the student who is alleged to have violated the Code (the respondent).

Intake of Charges. Within 15 calendar days, the charge will be reviewed by the Dean of Students, who will determine whether the allegations, if true, would constitute a minor violation of the Code, in which case the Dean may assign an Associate Dean to conduct a preliminary investigation. (See step 3 below.) If the Dean determines that, if true, the allegations would constitute a major violation of the Code, she will conduct the preliminary review (steps 4 and following). Prior to completion of the preliminary review or at any subsequent stage, if the Dean determines that there exists an actual or potential threat to the safety or well-being of any member of the college community (including the respondent), a threat to the preservation of college property, or a threat of disruption of the operations of the college, the Dean of Students or a designee may impose a summary suspension, removal from the residence halls, or other interim measures which shall be immediately effective but subject to later review.

Preliminary Investigation by the Associate Dean. The Associate Dean will conduct a preliminary investigation to ascertain whether the charges may have merit. If he determines that they do not, the Associate Dean will notify the appropriate persons in writing that the charges have been dismissed and will identify the reasons for that decision. Otherwise, the Associate Dean will notify the respondent in writing that the charges must proceed and will promptly convene a meeting with the respondent. If the charges are based upon a first and minor violation of the Code by the respondent, who agrees to accept a resolution of the charges, the meeting will be educational in that the Associate Dean and the student will explore the reasons for the policy, discuss the circumstances that led to the infraction, and agree on an appropriate minimum sanction for any further similar violation. If thereafter a charge alleging a similar violation is admitted by the student, the Associate Dean may impose the agreed minimum sanction without further procedures; however, if no minimum sanction was previously agreed, the second charge will be referred to the Dean of Students for investigation. (See steps 4 and following).

Preliminary Review by the Dean. If the Dean has determined that the charge alleges a major violation or if the student has previously been placed on disciplinary probation, the Dean will conduct a preliminary investigation to ascertain whether the charges may have merit. If she finds that they do not, the Dean will notify the appropriate persons that the charges have been dismissed and will identify the reasons for that decision. Otherwise, the Dean will promptly notify the respondent in writing, stating her determination and proposing a resolution. The respondent will meet with the Dean within five days of such notification. The primary goal of this meeting will be to review the charges and attempt an administrative resolution of them. The respondent must inform the Dean at that the time whether he or she will accept the proposed resolution or contest the charges. If the respondent accepts the proposed resolution, the Dean of Students will promptly send written confirmation of the resolution to the respondent and will close the matter. If the respondent contests the charges, the Dean of Students will schedule a judicial hearing by the Hearing Board, generally to be held within 15 working days.

The Hearing. The Hearing Board (normally composed of two staff members or administrators, one faculty member, and two students) will hear the case. The evidence in support of the charges will be presented at the hearing by the Dean of Students (or a designee), who will also submit proposed sanctions for the offense, in a sealed envelope, to the Chair of the Hearing Board. The respondent will have the right to attend the hearing, to challenge the evidence presented by the Dean, and to submit evidence in his or her behalf. The Hearing Board will decide, by a simple majority vote, whether or not the preponderance of the evidence establishes the alleged violation. If the Hearing Board determines that there has been a violation, it will also determine whether to adopt the sanctions proposed by the Dean of Students or to impose some other sanction. The Board will promptly issue a written determination, which the Dean of Students will transmit to the respondent. The determination of the Hearing Board is final in the event a timely appeal is not filed.

Appeals. The respondent may file a written appeal with the college president within five working days of notification of the Hearing Board's determination. The appeal must identify a significant procedural impropriety, inappropriate penalty, or other clear and substantial reason for reconsideration of the Board's decision. The decision of the President is final and binding on all parties.

Disciplinary Hearing Guidelines

Hearings will normally be closed to the public. Admission will be made at the discretion of the Chair of the Hearing Board.

Hearings involving more than one responding student will normally be held separately but can be combined at the request of the Dean of Students and at the discretion of the Chair of the Hearing Board.

The respondent will be responsible for presenting his or her defense, although another member of the campus community may assist in preparing the defense. If, in extraordinary circumstances and for good cause, the respondent requests assistance at the hearing by a person who is not a member of the campus community, the Hearing Board may, but need not, permit such assistance.

Relevant in-person witness testimony, records, and written statements may be submitted as evidence for either side. The rules of evidence for court proceedings shall not apply and admissibility of all evidence will be subject to determination by the Chair of the Hearing Board.

The Dean of Students, the respondent, or the Hearing Board itself may call witnesses, who will normally be available for questioning by all parties. Where a witness is unable or unwilling to appear, the witness' signed statement or closed interview conducted by the Hearing Board may be admitted into evidence and presented for review and rebuttal by the respondent without disclosure of the witness' identity. However, its weight shall be considered in the light of the absence of the respondent's opportunity to cross-examine, and no violation shall be solely premised upon such evidence.

Disciplinary Actions

Students judged to be in violation of any of the rules of conduct or to have engaged in any other inappropriate behavior as determined solely by the college may receive one or more of the following sanctions:

Verbal Warning: the Dean or Associate Dean of Students advises the student of his or her wrongdoing.
Written Warning: the Dean or Associate Dean of Students notifies the student in writing that more serious penalties will be forthcoming if the misconduct continues.
Sanctions: restitution, fines, community service, or similar sanctions are levied.
Disciplinary Probation: the Dean or Associate Dean of Students notifies the student and the college president that the student has a specified period of time to improve his or her conduct or face dismissal.
Disciplinary Suspension: the student's status as a member of the college community is terminated for a definite period of time with specific requirements that must be met before return to the college can be approved.
Disciplinary Dismissal: the student's status as a member of the college community is terminated for an indefinite period of time. The college will normally provide the student with a written statement of its intention to impose the penalty and its reasons for doing so. In cases of disciplinary suspension or dismissal, the student is responsible for all financial obligations to the college. Reinstatement after disciplinary dismissal is extremely rare.
Referral for Criminal Prosecution: criminally unlawful acts (violations of local, state, or federal laws) will be determined by the appropriate civic governmental authority.

The college does not follow and is not obligated to follow any set progressive disciplinary procedures. The college has the discretion to levy any form of discipline, including dismissal and employment termination, at any time with or without prior notice or prior discipline. In rare cases a student considered not to be sound may be removed from classes or college housing at the discretion of the Dean of Students.

Issues pertaining to alleged violations of the Residential Life Code of Conduct will normally be addressed and adjudicated by the Residential Life staff.

Alcohol Policy

CCA believes that alcoholic beverages are not part of the teaching and learning process and that it is inappropriate to serve or consume alcoholic beverages as part of an official class or studio activity.

CCA organizations will observe all State of California restrictions on the possession, sales, service, and consumption of alcoholic beverages. No alcoholic beverages may be served to anyone who cannot verify that he or she is at least 21 years old or to anyone whose judgment or physical performance has already been affected by alcohol consumption.

Alcoholic beverages may be served at college events, including graduate exhibition openings, in accordance with the following conditions:

A Request to Serve Alcohol form (wine and beer only) must be submitted and approved by an Associate Dean of Students at least one week before the event, and a signed copy of the form must be available at the event.
Alcohol may not be served or consumed by anyone under the age of 21 at the event, and a sign regarding drinking age requirements must be posted and a person designated to monitor compliance with these regulations.
Non-alcoholic refreshments must also be made available.

Alcoholic beverages may not be sold on campus nor may admission be charged for events where alcohol is to be served unless appropriate license is obtained according to regulations published by the State Alcoholic Beverages Control Department.

Individuals may not bring alcoholic beverages onto the campus for their private consumption.

Students are not permitted to provide or consume alcohol at undergraduate exhibition openings regardless of their age. All undergraduate openings will be monitored, and students found drinking at these events will be subject to disciplinary action.

Students may not have full or empty containers of alcohol in their studios. Any containers that are found will be confiscated, and the student may face disciplinary action. In the case of containers found in individual studio spaces, the student responsible for the space may face disciplinary action including the loss of the studio for the remainder of the semester. Other sanctions will be determined on a case-by-case basis.

Smoking

Smoking is not allowed anywhere on the San Francisco campus, including the entry courtyard, or in or near any buildings on the Oakland campus.

Copyright Policy

CCA does not allow staff or faculty to duplicate copyrighted audiotape or videotape on college-owned equipment. Students are made aware of the copyright protections and are responsible for their own behavior in this regard. College staff and faculty may not aid students in using college equipment in any manner that violates copyrights.

Non-academic Film and Video Policy

The use of videocassette films for non-academic purposes is restricted to those films rented through the appropriate distributor holding the necessary rights for public performance. Screening any other films or videotapes (for example, privately-owned videotapes or those rented from a video store) for public viewing at the college for non-academic purposes is a violation of college policy, even when such a screening is free, unless prior permission has been obtained from the Student Affairs Office. Prohibited screenings include such activities as playing a film or video in a residence hall lounge area when the screening has not been assigned by a faculty member and is not directly related to a specific course.

Students who wish to use college facilities to screen films or videotapes for non-academic purposes must obtain an approval form from the distribution company and submit the original copy of this form to the Student Affairs office no later than one week prior to the proposed screening. Students should note that most distribution companies attach a fee for such an approval. No screening may be advertised or promoted before the approval has been confirmed by the Student Affairs Office.