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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

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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 Proposals15
AP 2710 Conflict of Interest....................................................17
AP 2712 Conflict of Interest Code...........................................20
AP 2735 Board Member Travel...............................................................29

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

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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.

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

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New: April 18, 2007 Page 1 of 1
AP 2105
Revisions:
AP 2105 Election of Student Members

Reference:
Education Code Section 72023.5

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.

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

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New: April 18, 2007 Page 1 of 2
AP 2110
Revisions:
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
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.

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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.

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

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New: April 18, 2007 Page 1 of 1
AP 2320
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 2340
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 2341
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 2360
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 2365
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 2410
Revisions:
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 Districts 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 Districts shared governance
structure.

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

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New: April 18, 2007 Page 1 of 1
AP 2510
Revisions:
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

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

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New: April 18, 2007 Page 1 of 2
AP 2610
Revisions:
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 Districts 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 representatives


or Districts initial proposal at a subsequent public Board meeting. The
opportunity for public response shall appear on the Boards regular agenda.
Public response shall be taken in accordance with the Boards 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 Districts initial proposal. The adoption shall be indicated as a separate action
item on the Board agenda. There shall be no amendment of the Districts 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:

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.

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

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New: April 18, 2007 Page 1 of 3
AP 2710
Revisions:
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
members 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 individuals occupation (Education Code Section 72103(b)).

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 Boards 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

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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.
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.

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

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New: April 18, 2007 Page 1 of 9
AP 2712
Revisions:
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
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

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(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.

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
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.

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(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;
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).

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.

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(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.

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

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.

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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
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
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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.
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.
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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.

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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.

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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
Employees 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
consultants duties and, based on that description, a statement of the extent of
disclosure requirements. The superintendent/presidents determination is a public
record and shall be retained for public inspection in the same manner and location as
this Conflict of Interest Code.

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

- 41 -
New: April 18, 2007 Page 1 of 1
AP 2735
Revisions:
AP 2735 Board Member Travel

Reference:
Education Code Section 72423

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

See also BP 4700.

- 42 -
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

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

- 44 -
New: April 18, 2007 Page 1 of 1
AP 3050
Revisions:
AP 3050 Institutional Code of Ethics

Reference:
Accreditation Standard III.A.1.d

See BP 7360, BP 7365 and BP 7370.

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

- 46 -
New: April 18, 2007 Page 1 of 1
AP 3100
Revisions:
AP 3100 Organizational Structure

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

The Districts organizational chart is available in the Presidents Office for review.

- 47 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
1499 N. State Street General Institution
San Jacinto, CA 92583-2399

- 48 -
New: April 18, 2007 Page 1 of 1
AP 3200
Revisions:
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.

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

- 50 -
New: April 18, 2007 Page 1 of 1
AP 3250
Revisions:
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 Chancellors 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.

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

- 52 -
New: April 18, 2007 Page 1 of 1
AP 3280
Revisions:
AP 3280 Grants

Reference:
Education Code Section 70902

To assure timely application for and processing of grant applications and funds, see
Grant Development Approval Process available in the Grants 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)

- 53 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
1499 N. State Street General Institution
San Jacinto, CA 92583-2399

- 54 -
New: April 18, 2007 Page 1 of 2
AP 3300
Revisions:
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
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

- 55 -
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.

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

- 57 -
New: April 18, 2007 Page 1 of 3
AP 3310
Revisions:
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


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

- 58 -
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 Members 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 agencys 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
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.

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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.

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

- 61 -
New: April 18, 2007 Page 1 of 12
AP 3410
Revisions:
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 institutions 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 Chancellors 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.
(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).

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"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
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
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.

- 63 -
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 employees
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

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Students and Employees Notice, Training, and Education
The Mt. San Jacinto Community College Districts responsible officer shall make
arrangements for or provide training to employees and students on the Districts
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 Districts 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 Districts 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

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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 facultys
right to teach and the students 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 Chancellors 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.

- 66 -
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 Districts
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 agencys 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

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 OCRs 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 complainants 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.

- 67 -
Employment and Housing (DFEH) where such a complaint is within that
agencys jurisdiction.

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
Chancellors 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 Chancellors 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:
- 68 -
The complaint must be filed on a form prescribed by the State Chancellor's
Office.
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.

Authority: Cal. Code Regs., tit. 5, 59330.

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

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

- 69 -
with the complainants request as long as doing so does not jeopardize the rights of
other students or employees.

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 Districts 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

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.

- 70 -
(d) the complainant's right to appeal to the District governing board and the State
Chancellor.

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.

Authority: Cal. Code Regs., tit. 5, 59336.

Complainants Appeal Rights


Complainants have appeal rights that they may exercise if they are not satisfied with the
results of the Districts 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
Districts governing board within 15 days from the date of the administrative
determination. The Districts governing board will review the original
complaint, the investigative report, the administrative determination, and the
appeal.
The Districts governing board will issue a final District decision in the matter
within 45 days after receiving the appeal. Alternatively, the Districts
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 Districts 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 Chancellors 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.

Authority: Cal. Code Regs., tit. 5, 59338 and 59339.

Forward to 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.

- 71 -
Within 150 days of receiving a complaint, the responsible District officer will forward the
following to the State Chancellor:

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.

Authority: Cal. Code Regs., tit. 5, 59338 and 59340.

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.

Authority: Cal. Code Regs., tit. 5, 59342.

Record Retention
Unlawful discrimination records that are part of an employees 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.

Authority: Cal. Code Regs., tit. 5, 59020.

- 72 -
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 Religion Age


Identification
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.

- 73 -
Signature of Complainant Date

Send Original to: Chancellors 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

- 74 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
1499 N. State Street General Institution
San Jacinto, CA 92583-2399

- 75 -
New: April 18, 2007 Page 1 of 1
AP 3420
Revisions:
AP 3420 Equal Employment Opportunity

Reference:
Title 5, Sections 59020, et seq.

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.

- 76 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
1499 N. State Street General Institution
San Jacinto, CA 92583-2399

- 77 -
New: April 18, 2007 Page 1 of 3
AP 3430
Revisions:
AP 3430 Prohibition of Harassment

Reference:
Title 5, Sections 59020, et seq.

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 persons competency to do the job, when based
on that persons 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 persons 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
persons 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,
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
- 78 -
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 persons 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.

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Examples: Harassment includes, but is not limited to the following misconduct:
Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on
a persons 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 students or employees 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 Districts
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.

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

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New: April 18, 2007 Page 1 of 5
AP 3435
Revisions:
AP 3435 Discrimination and Harassment Investigations

Reference:
Title 5, Sections 59020, et seq.

Filing a Timely Complaint. Since failure to report harassment and discrimination


impedes the Districts 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 Districts 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.

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 Chancellors 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
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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
Chancellors 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.
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 Chancellors Office. The results of

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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
Districts 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.
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 Districts ability to investigate and respond effectively to the complaint.

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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 Chancellors 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 Chancellors
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 Chancellors
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
Chancellors 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

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 employees
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
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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 districts potential liability, or that they did not understand the policy and desire
further training.

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

- 87 -
New: April 18, 2007 Page 1 of 1
AP 3500
Revisions:
AP 3500 Campus Safety

Reference:
Title 5, Sections 59020, et seq.

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.

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

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New: April 18, 2007 Page 1 of 1
AP 3510
Revisions:
AP 3510 Workplace Violence Plan

Reference:
Title 5, Sections 59020, et seq.

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.

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

- 91 -
New: April 18, 2007 Page 1 of 1
AP 3515
Revisions:
AP 3515 Reporting of Crimes

Reference:
Title 5, Sections 59020, et seq.

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.

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

- 93 -
New: April 18, 2007 Page 1 of 1
AP 3516
Revisions:
AP 3516 Registered Sex Offender Information

Reference:
Title 5, Sections 59020, et seq.

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.

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

- 95 -
New: Page 1 of 1
AP 3518
Revisions:
AP 3518 Child Abuse Reporting

Reference:
Title 5, Sections 59020, et seq.

Place holdercompletion pending.

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

- 97 -
New: April 18, 2007 Page 1 of 1
AP 3520
Revisions:
AP 3520 Local Law Enforcement

Reference:
Title 5, Sections 59020, et seq.

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.

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

- 99 -
New: April 18, 2007 Page 1 of 1
AP 3530
Revisions:
AP 3530 Weapons on Campus

Reference:
Title 5, Sections 59020, et seq.

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.

- 100 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
1499 N. State Street General Institution
San Jacinto, CA 92583-2399

- 101 -
New: April 18, 2007 Page 1 of 1
AP 3540
Revisions:
AP 3540 Sexual Assaults on Campus

Reference:
Title 5, Sections 59020, et seq.

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.

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

- 103 -
New: April 18, 2007 Page 1 of 1
AP 3550
Revisions:
AP 3550 Drug Free Environment and Drug Prevention

Reference:
Title 5, Sections 59020, et seq.

Place holder Completion Pending.

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

- 105 -
New: April 18, 2007 Page 1 of 1
AP 3560
Revisions:
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 districts instructional program in viticulture or the
districts 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.

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

- 107 -
New: April 18, 2007 Page 1 of 11
AP 3600
Revisions:
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;
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:

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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 Chancellors 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.

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.

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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 Districts
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
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

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

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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
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.
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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 districts 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.
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.
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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
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.
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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 Chancellors 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.

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
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amended from time to time. Copies of the annual audit report shall be submitted to the
Board of Trustees and to the state Chancellors 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.
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.

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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
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.
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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/Presidents 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/Presidents 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.

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

- 119 -
New: Page 1 of 1
AP 3710
Revisions:
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.)

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

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New: April 18, 2007 Page 1 of 6
AP 3715
Revisions:
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 Districts 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 Districts 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.
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.

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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 Districts 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
Districts 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 creators
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 Districts resources. Academic works described in this
paragraph are owned by the employee even though such works may have been
developed within the employees 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 Districts
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 Districts 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
(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.

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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 Districts 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 employees
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.
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

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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
Districts 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 employees 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 employees 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 employees 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.
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
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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 Districts Intellectual Property Coordinator.
The coordinator shall administer this procedure and will implement the Districts
Intellectual Property Policy. The Intellectual Property Coordinator will also monitor the
development and use of the Districts 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 Districts intellectual property rights or for any other
purpose authorized by law and District policy including the development of intellectual
property.

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.

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

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New: April 18, 2007 Page 1 of 1
AP 3720
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 3
AP 3750
Revisions:
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

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

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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
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.

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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.

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

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New: April 18, 2007 Page 1 of 2
AP 3810
Revisions:
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 Districts 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.

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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."

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

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New: April 18, 2007 Page 1 of 1
AP 3820
Revisions:
AP 3820 Gifts

Reference:
Education Code Section 72122

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

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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 Certificates118
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

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

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New: Page 1 of 1
AP 4010
Revisions:
AP 4010 Academic Calendar

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

Placeholder Completion Pending.

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

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New: April 18, 2007 Page 1 of 3
AP 4020
Revisions:
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 Instructors 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

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

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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:

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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, 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
confirm placement. recommended by
2 wks prior to the Curriculum Meeting date, Dept
Technical Review before
Chair to sign and forward submission to their
forwarding to Deans
Deans Admin. Associate to hold for signatures.
Admin. Associate for
Signatures.
1 wk+ prior to the Curriculum Meeting date, the
Deans 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).

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

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New: April 18, 2007 Page 1 of 2
AP 4021
Revisions:
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
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

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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.

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

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New: April 18, 2007 Page 1 of 1
AP 4025
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 2
AP 4026
Revisions:
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 ILOs 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
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.

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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 worlds best and brightest faculty to educate Californias
students as globally competent citizens.

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

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New: April 18, 2007 Page 1 of 1
AP 4030
Revisions:
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).

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

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New: April 18, 2007 Page 1 of 6
AP 4040
Revisions:
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 DVDs and Music CDs 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 cds 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, DVDs or CDs.

Fines
Books - $.20 per day
Video Tapes, DVDs and CDs - $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.

Computer Use Guidelines


Users must abide by MSJCs 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.
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Unauthorized transfer of a file.
Unauthorized use of another individuals identification and password.
Unauthorized use of phone and electronic devices such as radios, 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 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

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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)

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.

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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.

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

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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 donors 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 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.

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New: Page 1 of 1
AP 4050
Revisions:
AP 4050 Articulation

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

Placeholder Pending Completion.

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New: April 18, 2007 Page 1 of 1
AP 4060
Revisions:
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.

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New: April 18, 2007 Page 1 of 2
AP 4070
Revisions:
AP 4070 Auditing and Auditing Fees

Reference:
Education Code Section 76370

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.

Information regarding auditing shall be made available to students in the college


catalog.

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New: April 18, 2007 Page 1 of 1
AP 4100
Revisions:
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 Chancellors
Office.

For a certificate of achievement, a student must successfully complete a course of study


or curriculum as specified.

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New: April 18, 2007 Page 1 of 1
AP 4101
Revisions:
AP 4101 Independent Study

Reference:
Title 5, Sections 55300 et seq.

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.

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New: April 18, 2007 Page 1 of 1
AP 4102
Revisions:
AP 4102 Occupational/Vocational Technical Programs

Reference:
Title 5, Sections 55600 et seq.

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 districts 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.

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New: April 18, 2007 Page 1 of 1
AP 4103
Revisions:
AP 4103 Work Experience

Reference:
Title 5, Sections 55250 et seq.

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 districts plan has been
developed, reviewed by the governing Board and submitted to the State Chancellors
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 employers 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.

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New: April 18, 2007 Page 1 of 1
AP 4104
Revisions:
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 districts 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 colleges 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 Districts Board
of Trustees.

Evaluation of contract education courses and seminars shall be conducted in


cooperation with the contracting company/agency on an individual basis.

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New: April 18, 2007 Page 1 of 2
AP 4105
Revisions:
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
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).

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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 colleges 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 Colleges 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.

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New: April 18, 2007 Page 1 of 1
AP 4110
Revisions:
AP 4110 Honorary Degrees

Reference:
Education Code Section 70902

The district currently does not issue Honorary Degrees.

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New: April 18, 2007 Page 1 of 2
AP 4220
Revisions:
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 students 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 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.

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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 students 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 13 th week of instruction. During a six-week
summer session, the final withdrawal date shall be the second day of the 5 th week of
instruction. The grade indicates that the course has been canceled from the students
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.

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New: April 18, 2007 Page 1 of 1
AP 4222
Revisions:
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 students 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 students 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.

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New: April 18, 2007 Page 1 of 2
AP 4225
Revisions:
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 students grade point average.
Courses that are repeated shall be recorded on the students 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 Ws. 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 Ws 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.

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.

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New: April 18, 2007 Page 1 of 1
AP 4230
Revisions:
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
students 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 Grade Symbols Definition Grade Point 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 Grade Symbols Definition Grade Point Average


I Incomplete 0
IP In Progress 0
RD Report Delayed 0
W Withdrawal 0
MW Military Withdrawal 0

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New: April 18, 2007 Page 1 of 1
AP 4231
Revisions:
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 students 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 students 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.

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New: April 18, 2007 Page 1 of 1
AP 4232
Revisions:
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
students 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.

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New: April 18, 2007 Page 1 of 1
AP 4235
Revisions:
AP 4235 Credit by Examination

Reference:
Title 5, Section 55753

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 students class load
and is not considered for financial aid or veterans 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.

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New: April 18, 2007 Page 1 of 1
AP 4240
Revisions:
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 students 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
students 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.

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New: April 18, 2007 Page 1 of 2
AP 4250
Revisions:
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 students
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 students 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.

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%).

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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.

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AP 4260
Revisions:
AP 4260 Prerequisites and Co-requisites

Reference:
Title 5, Section 55200

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
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.

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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 students challenge should be upheld are or ought to be in the colleges own
records, then the college has the obligation to produce that information.

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New: April 18, 2007 Page 1 of 1
AP 4300
Revisions:
AP 4300 Field Trips and Excursions

Reference:
Title 5, Section 55450

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.

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New: April 18, 2007 Page 1 of 2
AP 4400
Revisions:
AP 4400 Community Services

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

The Districts 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 districts array of educational programs, offered through the
Community Education and Services Department and supported by the California
Community Colleges 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 Districts
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 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.

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New: April 18, 2007 Page 1 of 2
AP 4500
Revisions:
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 grievants 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 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.

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Letters to the Editor: All letters must be accompanied by the authors name and should
contain the authors 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.

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New: April 18, 2007 Page 1 of 2
AP 4610
Revisions:
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
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.

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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.

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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 Log170
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

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New: April 18, 2007 Page 1 of 1
AP 5010
Revisions:
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.

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New: April 18, 2007 Page 1 of 4
AP 5011
Revisions:
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 Districts


High School Parent Agreement form.

1.1.5 Written and signed approval of the applicants 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.

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:

2.1.1 Completed application for admission.

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2.1.2 Complete the orientation process.

2.1.3 Complete assessment test.

2.1.4 Written and signed parental or guardian consent, on the Districts


High School Parent Agreement form.

2.1.5 Written and signed approval of the applicants 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.)

2.1.6 Official transcripts from the referring high school district.

2.1.7 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.

2.1.8 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:

3.1.1 Completed application for admission.

3.1.2 Complete the orientation process.

3.1.3 Complete assessment test.

3.1.4 Written and signed parental or guardian consent, on the Districts


High School Parent Agreement form.

3.1.5 Written and signed approval of the applicants 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.)

3.1.6 Official transcripts from the referring high school district.

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3.1.7 Letter of recommendation attesting to the students ability to benefit
from enrollment in the college course or program. The letter of
recommendation must come from the students 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 students high school, the letter must then come
from the students high school guidance counselor.

3.1.7 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.

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 students 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:

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 Districts 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.


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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.

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

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New: April 18, 2007 Page 1 of 2
AP 5012
Revisions:
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.
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.

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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.

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

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New: April 18, 2007 Page 1 of 2
AP 5013
Revisions:
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 students 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 persons
commanding officer or personnel officer that the military persons 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
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

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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.

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

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New: April 18, 2007 Page 1 of 3
AP 5015
Revisions:
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.

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.

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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 non-
resident 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.

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
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resident, or (2) there is no evidence of the students 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 non-
resident 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.

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

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New: April 18, 2007 Page 1 of 2
AP 5020
Revisions:
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
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

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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).

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

- 236 -
New: April 18, 2007 Page 1 of 3
AP 5030
Revisions:
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
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
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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 25 th of
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
colleges educational offerings, or fees collected in error will be refunded to the
student in full and the refund processing fee will be waived.

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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).

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

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New: April 18, 2007 Page 1 of 1
AP 5031
Revisions:
AP 5031 Instructional Materials Fees

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

Placeholder Pending Completion.

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

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New: April 18, 2007 Page 1 of 1
AP 5035
Revisions:
AP 5035 Withholding of Student Records

Reference:
Title 5, Section 59410

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 students 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.

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

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New: April 18, 2007 Page 1 of 3
AP 5040
Revisions:
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 students 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.
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 students application for, or receipt of, financial aid, provided that information

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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 individuals social security number.
o Print an individuals 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 individuals 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.

If the District has, prior to January 1, 2004, used an individuals social security
number in a manner inconsistent with the above restrictions, it may continue
using that individuals 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.

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o The District agrees to stop the use of an individuals 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.

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New: April 18, 2007 Page 1 of 2
AP 5045
Revisions:
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 observers 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 students 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
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

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information. This statement shall become a part of the students 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 students 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.

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New: April 18, 2007 Page 1 of 2
AP 5050
Revisions:
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 Districts 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.
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.
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The process of challenging prerequisites will be available on the colleges 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 Chancellors Office, within
the last 3 years.

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New: April 18, 2007 Page 1 of 1
AP 5052
Revisions:
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.

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Administrative
Mt. San Jacinto Procedures
Community College District Chapter 5
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San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 5055
Revisions:
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
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.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 2
AP 5070
Revisions:
AP 5070 Attendance

Reference:
Title 5, Sections 58000 et seq.

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 colleges 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.

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

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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.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 1
AP 5075
Revisions:
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 students 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.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 2
AP 5110
Revisions:
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 Districts 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 students
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
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

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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.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 1
AP 5120
Revisions:
AP 5120 Transfer Center

Reference:
Title 5, Section 51027

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 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
Chancellors Office. Further information regarding the plan is located in the Transfer
Center.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 3
AP 5130
Revisions:
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 Governors Fee Waiver
and submit a separate BOG application only if consideration for other state
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

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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 students eligibility for future aid. Other policies govern the students
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

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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 Cashiers Office
according to the schedule determined by the Director of Financial Aid.
Financial Aid checks are mailed to the students 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

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New: April 18, 2007 Page 1 of 3
AP 5140
Revisions:
AP 5140 Disabled Student Programs and Services

Reference:
Title 5, Sections 56000 et seq.

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 Chancellors 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
Chancellors 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
Chancellors Office mandates for funding.
- SEE: Copy of Technical Assistance Visit (2004) Report (last visit); copy of
most recent budget reports to the Chancellors 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:
- 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

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(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

4.0 Verification 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

5.0 Student rights and responsibilities


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

6.0 Student 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 students 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

7.0 Academic 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

8.0 Provisions 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

9.0 Staffing
- 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.
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- 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.

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Mt. San Jacinto Administrative Procedures
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New: April 18, 2007 Page 1 of 1
AP 5150
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 5160
Revisions:
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 Districts 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 students
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
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San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 5205
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 5210
Revisions:
AP 5210 Communicable Diseases

Reference:
Education Code Section 76403

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.

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

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New: April 18, 2007 Page 1 of 1
AP 5300
Revisions:
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 Chancellors Office for
the California Community Colleges, following approval by the Board.

The plan addresses equity issues identified by the Chancellors Office.

The plan is reviewed and updated annually.

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

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New: April 18, 2007 Page 1 of 1
AP 5400
Revisions:
AP 5400 Associated Students

Reference:
Education Code Section 76060

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.

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

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New: April 18, 2007 Page 1 of 1
AP 5410
Revisions:
AP 5410 Associated Students Elections

Reference:
Education Code Section 76061

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.

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

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New: April 18, 2007 Page 1 of 2
AP 5420
Revisions:
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
Districts 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.
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.

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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.

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

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New: Page 1 of 1
AP 5500
Revisions:
AP 5500 Standards of Conduct

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

Placeholder Pending Completion.

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

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New: Page 1 of 1
AP 5520
Revisions:
AP 5520 Student Discipline Procedures

Reference:
Education Code Sections 66300, 72122, 76030

Placeholder Pending Completion.

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

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New: April 18, 2007 Page 1 of 5
AP 5530
Revisions:
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.
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.

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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 students 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.)

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.
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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.

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
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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 Boards action on the appeal.
h) Appeal to the Board is the final step in the students 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
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 employees evaluation only to the degree
permissible by contract and by law.

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

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New: April 18, 2007 Page 1 of 3
AP 5550
Revisions:
AP 5550 Speech: Time, Place and Manner

Reference:
Education Code Section 76120

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
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

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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
Office. Materials displayed shall be removed after expiration of the date
indicated on the stamp.

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

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New: April 18, 2007 Page 1 of 1
AP 5555
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 5570
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 5610
Revisions:
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.

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

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New: April 18, 2007 Page 1 of 1
AP 5700
Revisions:
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.

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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 Records229
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
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
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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 Citizens Oversight Committee.................................351
AP 6750 Parking..................................................................353
AP 6850 Hazardous Materials...............................................354
AP 6900 Bookstore...............................................................356
AP 6910 Cafeteria................................................................361

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New: April 18, 2007 Page 1 of 1
AP 6100
Revisions:
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.

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AP 6150
Revisions:
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.

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New: April 18, 2007 Page 1 of 2
AP 6200
Revisions:
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 Districts 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 divisions 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 Governors proposed budget, the Districts First Principal
Apportionment, and the priorities established by the District, the Dean of
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.

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3. The budget parameters and instructions may be modified as necessary in
conjunction with the Governors 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 Chancellors 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 Chancellors 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 Chancellors 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).

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New: April 18, 2007 Page 1 of 2
AP 6250
Revisions:
AP 6250 Budget Management

Reference:
Education Code 70901, Title 5, Sections 58307 and 58308

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 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.
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.

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New: April 18, 2007 Page 1 of 2
AP 6300
Revisions:
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
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

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written request to the Dean of Business Services. The request must fully explain
the departments 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
departments 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.

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New: April 18, 2007 Page 1 of 2
AP 6301
Revisions:
AP 6301 Fiscal Management: Temporary 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 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. ProgramsAthletics $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 departments 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
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
departments assigned accounts payable processing group will issue a warrant to
the departmental designated custodian of the temporary change fund. All

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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.

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New: April 18, 2007 Page 1 of 2
AP 6302
Revisions:
AP 6302 Fiscal Management: Petty Cash 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 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:

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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 departments
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
departments 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.

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New: April 18, 2007 Page 1 of 3
AP 6303
Revisions:
AP 6303 Fiscal Management: Cash Handling and Cash Collections

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.
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:

Associated Student Body Operations


Associated Student Body Clubs
Associated Student Body Programs
Automotive
Bookstores (*)

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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 cashiers 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.
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.

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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 departments ledger verifying
the deposits.
2. It is the department heads 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.

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New: April 18, 2007 Page 1 of 2
AP 6304
Revisions:
AP 6304 Fiscal Management: Retention of Accounting Records

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.
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.

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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 years 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 years 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.

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New: April 18, 2007 Page 1 of 1
AP 6305
Revisions:
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 Chancellors 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 Chancellors 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.

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New: April 18, 2007 Page 1 of 2
AP 6310
Revisions:
AP 6310 Accounting

Reference:
Education Code 84030, California Code of Regulations (CCR) Section 58300

Authority.
The Dean of Business Services is responsible for administering these regulations, and
is the authority to amend these regulations.

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
Chancellors 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.
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 Chancellors Office CCFS

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311Q. Upon Board approval the report must be filed with the County
Superintendent of Schools and the State Chancellors 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
Chancellors 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.

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New: April 18, 2007 Page 1 of 2
AP 6311
Revisions:
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 Chancellors 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
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:

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o Department of Veterans 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 accountholders account
within three business days of receipt by the area responsible for such payment
posting.

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New: April 18, 2007 Page 1 of 2
AP 6312
Revisions:
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 Districts bank depository.
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
students identification number within the Districts Datatel Student system. This
hold is initiated by completing a District-approved Outstanding Financial

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Obligation Notice form. The department must provide the student with the
debtors 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 debtors 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.

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New: April 18, 2007 Page 1 of 1
AP 6313
Revisions: July 24, 2007
AP 6313 Contract Requests

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 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

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New: April 18, 2007 Page 1 of 1
AP 6314
Revisions: July 24, 2007
AP 6314 Purchase Requisitioning

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 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 departments 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.

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New: April 18, 2007 Page 1 of 3
AP 6315
Revisions: July 24, 2007
AP 6315 Reimbursement of Expenses

Authority.
The Dean of Business Services is responsible for administering these regulations and is
the authority to amend these regulations.

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
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

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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
employees immediate supervisor and approval of the appropriate
administrator when the employees 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
individuals 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.
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.

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New: April 18, 2007 Page 1 of 2
AP 6316
Revisions:
AP 6316 Warrants

Reference:
Education Code Section 85230 et seq.

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 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 Treasurers
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
Treasurers 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
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.

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New: April 18, 2007 Page 1 of 2
AP 6317
Revisions:
AP 6317 Lost and Destroyed Warrants

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
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

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.

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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.

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New: April 18, 2007 Page 1 of 4
AP 6318
Revisions: July 24, 2007
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 employees 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
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

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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 administrators 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 employees 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
cancellation is not reimbursable unless expressly authorized by the
employees 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
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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 employees
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.
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.

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e. Any individual who has not cleared an advance will not receive any further
advance.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 6319
Revisions:
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 divisions 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:
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 10 th 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

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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 10 th of each month or the next
business day. Accounts Payable will return any incomplete envelope to the
cardholder for correction and re-submission.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 6320
Revisions:
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
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

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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 Districts ability to meet its expenditure requirements for the
next six months, or provide an explanation as to why sufficient money may not be
available.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6322
Revisions:
AP 6322 Employee Indemnity Bonds

Reference:
Title 5, Section 58318

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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 3
AP 6325
Revisions:
AP 6325 Payroll

Reference:
Education Code Section 70902

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 20 th of
each month.
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 employees first payroll of the
fiscal year. The form is posted on the P drive under Forms.

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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 employees 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 employees 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 15 th 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 employees wage.

Definition
These regulations outline the District rules and procedures for processing garnishments
orders.

Responsibilities

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 4
AP 6326
Revisions:
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
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.

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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 dont. 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 gholyoak@msjc.edu and request a copy of the
form and he will send it to you as an attachment. You may use either method.
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.

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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.

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

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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 gholyoak@msjc.edu
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 386 -
New: April 18, 2007 Page 1 of 5
AP 6330
Revisions:
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.

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.

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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.
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

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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
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:

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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.

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:

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6331
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 18
AP 6332
Revisions:
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.

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)

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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 committees 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 Chancellors 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
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.

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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 contractthe 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
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

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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.

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

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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 Architects 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 Architects 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
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

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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 Chancellors 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 Chancellors 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 Chancellors 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 Chancellors Office, require
campus approvals only. For all State projects, the P.M. prepares a Request
to Bid package for the Chancellors 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.

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

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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
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) bidders 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
bidders name is announced at the conclusion of the Bid Opening. It is

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optional to announce the apparent next-lowest bidders 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.

Bidders 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
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 contractors 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.

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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 Chancellors 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
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 Chancellors Office or Vice President of

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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 contractors
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 Contracts
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
Recorders Office. Four fully developed counterparts of the Contract are
then prepared for signatures.

State Form 13Extract 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
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

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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 Chancellors
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.

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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 Recorders 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 contractors
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 Treasurers 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 Projects 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.

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Contractors Initial Construction Schedule:
The Contractor prepares an initial construction schedule reflecting all the
Contractors 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 Contractors 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
Projects 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
Projects 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 Contractors 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

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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 Projects 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 Bulletin

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(CRB) that, in essence, asks for detailed cost figures from the Contractor.
The Contractors 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 Marshals 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.

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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 Recorders 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 Contractors 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

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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 Recorders 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 Recorders 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 Contractors 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.

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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
Offices 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
Recorders 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).

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 413 -
New: April 18, 2007 Page 1 of 7
AP 6340
Revisions:
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.

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

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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.

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
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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.

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.

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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
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.

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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.

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.
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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.

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.
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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6350
Revisions:
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 Chancellors 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 Chancellors 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)

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6360
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6365
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 3
AP 6370
Revisions:
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 contractors wages are at the industrys 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
contractors 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
publics 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
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
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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 Districts facilities
(e.g., equipment, office furniture, machinery).
The contractors 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 contractors services affect his own business reputation
Contractors cant 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.

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.

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 431 -
New: April 18, 2007 Page 1 of 3
AP 6380
Revisions:
AP 6380 Vendors

Reference:
Education Code Section 81656; Public Contracts Code Section 20650

Authority.
The Dean of Business Services is responsible for administering these regulations and is
the authority to amend these regulations.

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 Bidders List is the responsibility of the Purchasing Office. Any Vendor
may request to be placed on the bidders list for future inclusion in the district bid
process. The bidders list will be organized by commodity and vendors will be included
in bid processes as placed within the bidders list. Vendors may request to be placed on
the bidders 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.

Departmental 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
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

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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.

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
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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 435 -
New: April 18, 2007 Page 1 of 2
AP 6400
Revisions:
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 Chancellors 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 auditors 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 auditors opinion thereon, and to assist
management in administration.
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

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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. Chancellors 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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 438 -
New: April 18, 2007 Page 1 of 4
AP 6505
Revisions:
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 Districts 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.

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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.
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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.

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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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 443 -
New: April 18, 2007 Page 1 of 3
AP 6506
Revisions:
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 Districts 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).

Email messages may not violate the Districts 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:

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List Included Groups Generated Subscription Method
# of
emails
(approx)
Staff, Generated by IT only, with
Everyone Administration, FT 650 no option for self-deletion
Faculty (Note PT 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
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)

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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 employees


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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6507
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6508
Revisions:
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
employees Supervisor/Administrator and sent to Information Technology.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 451 -
New: April 18, 2007 Page 1 of 1
AP 6509
Revisions:
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.

- 452 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 453 -
New: April 18, 2007 Page 1 of 2
AP 6510
Revisions:
AP 6510 System Access

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 process for authorization of access to college-owned
data.

Responsibilities
It is the responsibility of the departments 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
Districts 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 employees 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
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.

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 456 -
New: April 18, 2007 Page 1 of 1
AP 6511
Revisions:
AP 6511 Computer Equipment Release

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 releasing computer equipment to the
Districts 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 Districts
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.

- 457 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 458 -
New: April 18, 2007 Page 1 of 1
AP 6512
Revisions:
AP 6512 Telephone Moves, Adds and Changes

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 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.

- 459 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 460 -
New: April 18, 2007 Page 1 of 1
AP 6513
Revisions:
AP 6513 Computer/Network Work Order

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 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 helpdesk@msjc.edu, 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.

- 461 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 462 -
New: April 18, 2007 Page 1 of 2
AP 6514
Revisions:
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,
PDAs, 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 employees insurance (homeowners) policy; and
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

- 463 -
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.

- 464 -
Administrative
Mt. San Jacinto Procedures
Community College District Chapter 6
Business and Fiscal
1499 N. State Street
Affairs
San Jacinto, CA 92583-2399

- 465 -
New: May 10, 2007 Page 1 of 4
AP 6515
Revisions:
AP 6515 Web Page Guidelines

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 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:

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
- 466 -
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 Coordinators
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.
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.
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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 departments 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.
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 MSJCs 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
- 468 -
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 Colleges 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.

- 469 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 470 -
New: April 18, 2007 Page 1 of 3
AP 6520
Revisions:
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.

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

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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.

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
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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 4
AP 6530
Revisions:
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.

Drivers 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 drivers 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
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.

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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 drivers 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 Drivers 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 drivers certification, DMV pull, and a photocopy of the
drivers 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.

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.

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5. If no vehicles are available in the MSJC fleet, a vehicle may be rented at the
expense of the requestors 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 drivers 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 requestors 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 occupants 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 requestors 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
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:

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 479 -
New: April 18, 2007 Page 1 of 1
AP 6535
Revisions:
AP 6535 Use of District Equipment

Reference:
Education Code Section 70902

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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 481 -
New: April 18, 2007 Page 1 of 1
AP 6540
Revisions:
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 Districts 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 Districts 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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 483 -
New: April 18, 2007 Page 1 of 2
AP 6550
Revisions:
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.

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

- 484 -
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.

- 485 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 486 -
New: April 18, 2007 Page 1 of 1
AP 6600
Revisions:
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 Chancellors 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.

- 487 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 488 -
New: April 18, 2007 Page 1 of 2
AP 6620
Revisions:
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;

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;

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f. As recognition for a donation of $5,000 and above for recognition
on a wall of honor in a building of the donors 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 colleges 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 Districts 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.

- 490 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 491 -
New: April 18, 2007 Page 1 of 6
AP 6700
Revisions:
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
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

- 492 -
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.
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.

- 493 -
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 clients 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
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.

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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
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)

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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.

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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 4
AP 6701
Revisions:
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;
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;

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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 Presidents 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.

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.

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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.

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
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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

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 6740
Revisions:
AP 6740 Citizens Oversight Committee

Reference:
Education Code Sections 15278, 15280, 15282

The Citizens 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 citizens organization;
One member active in a bona fide taxpayers 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.

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.

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 6750
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 6850
Revisions:
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.


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.

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 5
AP 6900
Revisions:
AP 6900 Bookstore

Reference:
Education Code Section 81676

Web Sites:
Menifee Valley Campus
http://eagleshop.msjc.edu/msjcme/
San Jacinto Campus
http://eagleshop.msjc.edu/msjcc/

E-mail Address:
eagleshop@msjc.edu

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 customers 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.
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. Youre 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

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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 customers shopping
experience.
There are some things, however, that we just cant do for the customer. What happens
if the customer wants something that you cant give them?

If you cant say yes, dont say no. The customer likes to know that he/she has options
and that you are willing to work on establishing those options. Heres a scenario:

Bill calls and requests an ISBN number. Rather than telling him no, you tell him, Im
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 Im sorry and for you. By apologizing, you
empathize with the customers 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 dont know the answer, find
out or direct them to someone who does.

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 ISBNs 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
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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
the owner of the card giving permission for the customer to use the card. With checks,
we must get the student ID number or drivers 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

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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. Dont 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.

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

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arent available yet but were 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 manufacturers 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 owners expense. New
books with manufacturers defects or damage due to shipping will be exchanged at the
bookstores expense.

General merchandise purchased through the internet/mail or store are not returnable
unless defective or damaged.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
1499 N. State Street Business and Fiscal Affairs
San Jacinto, CA 92583-2399

- 518 -
New: April 18, 2007 Page 1 of 3
AP 6910
Revisions:
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 employees 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. Manufacturers
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
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.

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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
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:
MenifeeBuilding 200
San JacintoBuilding 1100

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Cafeteria Hours:
Monday thru Thursday, 7:45 a.m. - 6:00 p.m.
Friday, 7:45 a.m. - 12:30 p.m.
ClosedWeekends 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.

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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 Faculty378
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

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Mt. San Jacinto Administrative Procedures
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1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7110
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
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1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 3
AP 7120
Revisions:
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 incumbents
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
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:

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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 committees 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).

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

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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

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Mt. San Jacinto Administrative Procedures
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1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7125
Revisions:
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 drivers
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 Districts
employment, whichever is later.

The District will protect the privacy of the information it collects pursuant to this
procedure.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7145
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 4
AP 7150
Revisions:
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 administrators 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 Administrators 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
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)


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Annual/Mid-Year Performance Conference and Bi-Annual Evaluation
The administrator shall meet, as specified below, with the supervisor to review
the administrators 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 administrators 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 employees 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/Presidents 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
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.

- 535 -
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.

Classified Evaluations

Reference: CSEA Collective Bargaining Agreement

Academic Evaluations

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Reference: CTA/NEA Collective Bargaining Agreement; CTA/NEA M.O.U dated October
30, 2001.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7160
Revisions:
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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7211
Revisions:
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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7212
Revisions:
AP 7212 Temporary Faculty

Reference:
Education Code Sections 87481, 87482; 87482.5; 87482.8

Reference Board Resolution 1999/00-82 Local Hiring Criteria

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 7215
Revisions:
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,


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

- 545 -
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 547 -
New: April 18, 2007 Page 1 of 2
AP 7231
Revisions:
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 employees 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
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 employees first day of paid
service is on a different date, the Human Resources Department will assign each new

- 548 -
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7232
Revisions:
AP 7232 Classification Review

Reference:
Education Code Section 88001; 88009

See CSEA Collective Bargaining Agreement

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7233
Revisions:
AP 7233 Claims for Work Out of Classification

Reference:
Education Code Section 88010

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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 7234
Revisions:
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.

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

- 555 -
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 7236
Revisions:
AP 7236 Substitute and Short Term Employees

Reference:
Education Code Section 88003

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
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.

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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 workers compensation claim is filed by a temporary
employee and subsequently accepted by the workers compensation carrier, the
temporary employee will receive workers compensation benefits directly from the
Districts workers 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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 560 -
New: April 18, 2007 Page 1 of 1
AP 7237
Revisions:
AP 7237 Layoffs

Reference:
Education Code Section 87743; 88117; 88127

See CSEA Collective Bargaining Agreement.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 1
AP 7240
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

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New: April 18, 2007 Page 1 of 2
AP 7336
Revisions:
AP 7336 Certification of Freedom from Tuberculosis

Reference:
Education Code Section 87408.6

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
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.

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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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 567 -
New: April 18, 2007 Page 1 of 2
AP 7337
Revisions:
AP 7337 Fingerprinting

Reference:
Education Code Section 87013; 88024

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 employees criminal
history background.

With the approval of the Chief Human Resources Officer, or designee, a new employee
may begin working prior to the Districts receipt of the employees 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
Districts child development and education centers. All regular and temporary
employees hired to work in the Districts 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
for employment with the Districts child development and education centers are subject
to the employment provisions of the state licensing agency for child care providers.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 569 -
New: April 18, 2007 Page 1 of 4
AP 7340
Revisions:
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) days 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 doctors 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
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

- 570 -
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
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.

- 571 -
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 managers employment. The amount paid for absence under this provision shall be
the difference between the managers 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
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
managers immediate family, death or serious illness of a managers immediate family,
- 572 -
an accident which is unforeseen involving the managers person or property or the
person or property of a managers 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
Managers 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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 574 -
New: April 18, 2007 Page 1 of 1
AP 7341
Revisions:
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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 576 -
New: April 18, 2007 Page 1 of 2
AP 7342
Revisions:
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 employees regular work schedule is Tuesday Thursday,
the employee will not be paid for any Monday or Friday holidays. If an employees
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 employees position, to work on an approved holiday, the
employee shall be paid at time and one-half the employees regular hourly rate in
addition to the employees 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.

In rare instances where it is not possible to adjust an employees 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 employees
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).

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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 employees monthly timesheet. Regardless of the daily
work hours associated with an approved alternative schedule, when a holiday falls on
an employees 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.

- 578 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 579 -
New: April 18, 2007 Page 1 of 3
AP 7343
Revisions:
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
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,

- 580 -
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


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

- 581 -
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.

- 582 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 583 -
New: April 18, 2007 Page 1 of 1
AP 7344
Revisions:
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, supervisors 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.

- 584 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 585 -
New: April 18, 2007 Page 1 of 3
AP 7345
Revisions:
AP 7345 Catastrophic Leave

Reference:
Education Code Section 87045

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
employees 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 employees 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
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
- 586 -
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,
workers 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 employees 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 employees 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
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.
- 587 -
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 employees family, is
suffering from a catastrophic illness/injury.

- 588 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 589 -
New: April 18, 2007 Page 1 of 2
AP 7346
Revisions:
AP 7346 Employees Called to Military Duty

Reference:
Military and Veterans 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
employees appointment or a temporary employees 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
employees 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
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
- 590 -
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.

- 591 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 592 -
New: April 18, 2007 Page 1 of 1
AP 7350
Revisions:
AP 7350 Resignations

Reference:
Education Code Sections 87730; 88201; Board Policy 7350

See Board Policy 7350.

- 593 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 594 -
New: April 18, 2007 Page 1 of 3
AP 7360
Revisions:
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 employees right to obtain a free copy of the report; and
the employees 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
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.

- 595 -
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 employees 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
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.

- 596 -
- 597 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 598 -
New: April 18, 2007 Page 1 of 6
AP 7365
Revisions:
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.
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.

- 599 -
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 employees right to obtain a free copy of the report; and
the employees 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.
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.
- 600 -
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 employees 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 employees response. In cases of
suspensions, demotions, or dismissal, the employees response will be considered
before final action is taken.

Final Notice: After the response or the expiration of the employees 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 employees 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].

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,

- 601 -
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?

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.

- 602 -
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
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.

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Emergency Suspension: If an employees 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
employees personnel file.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 605 -
New: April 18, 2007 Page 1 of 1
AP 7366
Revisions:
AP 7366 Reinstatement

Reference:
Education Code Section 88128; 87744

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 employees 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

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 607 -
New: April 18, 2007 Page 1 of 1
AP 7370
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 609 -
New: April 18, 2007 Page 1 of 1
AP 7371
Revisions:
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.

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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 611 -
New: April 18, 2007 Page 1 of 1
AP 7380
Revisions:
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 Districts 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 retirees 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.

- 612 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 613 -
New: April 18, 2007 Page 1 of 1
AP 7381
Revisions:
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.

- 614 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 615 -
New: April 18, 2007 Page 1 of 4
AP 7400
Revisions:
AP 7400 Travel

Reference:
Education Code Section 87032

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
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

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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?
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
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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 employees
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 employees regular working hours;
b) Attendance is in fact voluntary;
c) The course, lecture, or meeting is not directly related to the employees job; and
d) The employee does not perform any productive work during such attendance.

When employees travel under these circumstances travel requests must be


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.

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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.

- 619 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 620 -
New: April 18, 2007 Page 1 of 3
AP 7500
Revisions:
AP 7500 Volunteers

Reference:
Education Code Section 72401

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.

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.

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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
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.

- 622 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 623 -
New: April 18, 2007 Page 1 of 2
AP 7600
Revisions:
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 persons 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
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

- 624 -
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.

- 625 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 626 -
New: April 18, 2007 Page 1 of 2
AP 7610
Revisions:
AP 7610 College Police

Reference:
Education Code Section 72330

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
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

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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

- 628 -
Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Human Resources
San Jacinto, CA 92583-2399

- 629 -
New: April 18, 2007 Page 1 of 3
AP 7700
Revisions:
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 Districts
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 employees 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
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

- 630 -
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 Districts 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,
(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
- 631 -
government agency.

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