Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

subject to any regulations issued by the Secretary of Health, Education, and Welfare.  The alleged victim of any sexual assault or physical abuse or any conduct that threatens the health and safety of the alleged victim, which is the basis of any disciplinary action taken by a community college, shall be permitted access to information regarding the disciplinary action.328

4. C HALLENGING THE C ONTENTS Any student may file a written request with the chief administrative officer to correct or remove information recorded in his or her student records which is: (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. 329 Within 30 days of receipt of the request, the chief administrative officer, or his or her designee, shall meet with the student and the employee who recorded the information in question, if the employee is presently employed. If the chief administrative officer, or his or her designee, sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information. If the chief administrative officer does not order the correction or removal of the information, the student may appeal the decision in writing to the governing board of the community college district within 30 days of the refusal. The governing board shall, in closed session with the student and the employee who recorded the information in question, determine whether to sustain the allegations within 30 days of receipt of an appeal. If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his or her designee, to immediately correct or remove and destroy the information. The decision of the governing board shall be final and in writing. If the final decision of the governing board is unfavorable to the student, the student shall have the right to submit a written statement of his or her objections to the information, which becomes a part of the student's record until the information objected to is corrected or removed. E. U SE OF S OCIAL M EDIA The Education Code prohibits community colleges from requiring current or prospective students or student groups to disclose their usernames and passwords for personal social media. 330 The district also may not require a student, prospective student or student group to access personal social media in the presence of the institution’s employee or representative. Finally, educational institutions may not suspend, expel, discipline, threaten to take any of those actions or penalize a student, prospective student or student group for refusing to comply with a demand to access personal social media or for usernames or passwords. The law does not affect an institution’s existing rights and obligations to protect against and investigate alleged student misconduct or violations of law. The statute also does not preclude educational institutions from taking adverse action against a student, prospective student, or student group for any lawful reason.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 104