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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

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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.323

4. C

HALLENGING THE

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.

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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

OCIAL

EDIA

Under legislation effective January 1, 2013,

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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.

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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