Professional Documents
Culture Documents
Administrative
Procedures
Table of Contents
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CHAPTER 2 BOARD OF TRUSTEES
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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.
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
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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
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
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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.
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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
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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.
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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.
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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
The exclusive representative or the District must present the initial collective
bargaining proposal orally or in writing to the Board 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 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.
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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
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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.
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.
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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
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.
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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 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.
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.
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.
Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the
prohibitions in this section.
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.
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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.
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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.
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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
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New: April 18, 2007 Page 1 of 1
AP 3050
Revisions:
AP 3050 Institutional Code of Ethics
Reference:
Accreditation Standard III.A.1.d
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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 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.
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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
- 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.
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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 grants (new, continuation or renewal) must go through the Grant Development
Approval Process except for student scholarship grants (Foundation).
All awarded grants must receive board approval. All awarded grants (new, continuation
or renewal) must follow Business Services contract procedures. (See AP 6340)
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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
- 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
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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.
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
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permanent.
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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.
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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.
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.
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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.
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).
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.
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.
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.
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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.
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.
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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.
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.
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.
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.
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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.
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(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.
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.
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.
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Within 150 days of receiving a complaint, the responsible District officer will forward the
following to the State Chancellor:
Extensions
If for reasons beyond its control, the District is unable to comply with the 90-day or 150-
day deadlines specified above for submission of materials to the complainant and the
State Chancellor's Office, the responsible District officer will file a written request that
the State Chancellor grant an extension of the deadline. The request will be submitted
no later than 10 days prior to the expiration of the deadlines established by Title 5 in
sections 59336 and/or 59340 and will set forth the reasons for the request and the date
by which the District expects to be able to submit the required materials.
A copy of the request for an extension will be sent to the complainant, who may file
written objections with the State Chancellor within 5 days of receipt.
The State Chancellor may grant the request unless delay would be prejudicial to the
complainant. If an extension of the 90-day deadline is granted by the State Chancellor
the 150-day deadline is automatically extended by an equal amount.
Record Retention
Unlawful discrimination records that are part of an 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.
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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:
(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.)
Ye N
Informal Resolution Attempted? Date Commenced:
s o
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.
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Signature of Complainant Date
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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
- 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.
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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
- 77 -
New: April 18, 2007 Page 1 of 3
AP 3430
Revisions:
AP 3430 Prohibition of Harassment
Reference:
Title 5, Sections 59020, et seq.
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
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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.
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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AP 3435
Revisions:
AP 3435 Discrimination and Harassment Investigations
Reference:
Title 5, Sections 59020, et seq.
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.
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.
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.
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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.
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.
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.
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.
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
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San Jacinto, CA 92583-2399
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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.
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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
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San Jacinto, CA 92583-2399
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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
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San Jacinto, CA 92583-2399
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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
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San Jacinto, CA 92583-2399
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AP 3518
Revisions:
AP 3518 Child Abuse Reporting
Reference:
Title 5, Sections 59020, et seq.
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Mt. San Jacinto Administrative Procedures
Community College District Chapter 3
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San Jacinto, CA 92583-2399
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AP 3520
Revisions:
AP 3520 Local Law Enforcement
Reference:
Title 5, Sections 59020, et seq.
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Mt. San Jacinto Administrative Procedures
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San Jacinto, CA 92583-2399
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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.
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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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AP 3550
Revisions:
AP 3550 Drug Free Environment and Drug Prevention
Reference:
Title 5, Sections 59020, et seq.
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Mt. San Jacinto Administrative Procedures
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San Jacinto, CA 92583-2399
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AP 3560
Revisions:
AP 3560 Alcoholic Beverages
Reference:
Business and Professions Code Sections 24045.4, 24045.6 and 25608
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 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
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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.
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.
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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.
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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.
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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.
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.
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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.
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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AP 3710
Revisions:
AP 3710 Securing of Copyright
Reference:
Education Code Sections 72207; 81459, 17 United States Code 201
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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.
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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.
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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.
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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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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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
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.
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
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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
Phone:
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)
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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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
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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
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Mt. San Jacinto Administrative Procedures
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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.
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.
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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.
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
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
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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.
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Mt. San Jacinto Administrative Procedures
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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:
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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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:
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
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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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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
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.
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.
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.
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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.
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.
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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.
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.
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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AP 4050
Revisions:
AP 4050 Articulation
Reference:
Title 5 Section 51022(b); Accreditation Standard II.A.6.a; Education Code
section 66720-66744
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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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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.
The college may levy a fee on materials used on the student. This fee will be in addition
to the auditing fee.
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.
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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.
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.
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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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AP 4102
Revisions:
AP 4102 Occupational/Vocational Technical Programs
Reference:
Title 5, Sections 55600 et seq.
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AP 4103
Revisions:
AP 4103 Work Experience
Reference:
Title 5, Sections 55250 et seq.
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.
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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.
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AP 4105
Revisions:
AP 4105 Distance Education
Reference:
Title 5, Section 55205 (formerly section 55370)
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.
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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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AP 4110
Revisions:
AP 4110 Honorary Degrees
Reference:
Education Code Section 70902
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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.
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.
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.
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.
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AP 4222
Revisions:
AP 4222 Remedial Coursework
Reference:
Title 5, Section 55756.5
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.
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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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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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:
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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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AP 4232
Revisions:
AP 4232 Credit/No Credit
Reference:
Title 5, Section 55752
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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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.
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AP 4240
Revisions:
AP 4240 Academic Renewal
Reference:
Title 5, Section 55764, 55765
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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%).
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.
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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.
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AP 4260
Revisions:
AP 4260 Prerequisites and Co-requisites
Reference:
Title 5, Section 55200
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.
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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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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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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 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.
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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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.
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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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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
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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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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.
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.
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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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.
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.
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2.1.2 Complete the orientation process.
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.
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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.
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:
4.2 Meeting with the student and his or her parent or guardian.
4.3 Consideration of the welfare and safety of the student and others.
4.5 Review of the content of the class in terms of sensitivity and possible
effects on 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.
6.1 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:
6.2 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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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 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.
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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.
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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New: April 18, 2007 Page 1 of 2
AP 5013
Revisions:
AP 5013 Students in the Military
Reference:
Title 5, Section 55758, 54041, 54042
1.1 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.
1.3 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.
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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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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.
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.
3.2 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.
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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.
4.2 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.
4.5.1 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.
4.7 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.
4.10 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.
5.3.3 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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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.
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.
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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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
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
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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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AP 5031
Revisions:
AP 5031 Instructional Materials Fees
Reference:
Education Code Section 76365; Title 5 Section 59400 et seq.
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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
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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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
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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.
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
1.1 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.
1.3 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.
1.6 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.
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:
2.1.3 Parties to whom written consent has been executed by the student.
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.
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.
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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:
4.3 The basis for the limitation does not in fact exist.
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Administrative
Mt. San Jacinto Procedures
Community College District Chapter 5
1499 N. State Street Student Services
San Jacinto, CA 92583-2399
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New: April 18, 2007 Page 1 of 2
AP 5055
Revisions:
AP 5055 Enrollment Priorities
1.0 Enrollment in courses and programs at the college may be limited to students
meeting properly established prerequisites and co-requisites.
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
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 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.
3.5.1 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
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 5075
Revisions:
AP 5075 Course Adds and Drops
Reference:
Title 5, Sections 55758, 58004
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.
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.
2.2 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.
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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 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:
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.
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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
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 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
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 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.
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.
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.
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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
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
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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.
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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 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.
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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
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
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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 5150
Revisions:
AP 5150 Extended Opportunity Programs and Services
Reference:
Education Code Sections 69640-69656; Title 5, Sections 56200 et seq.
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)
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Mt. San Jacinto Administrative Procedures
Community College District Chapter 7
1499 N. State Street Student Services
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.
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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.
A governing body shall be elected that shall keep an account of its meetings,
expenditures, authorizations and policies established.
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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:
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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
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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
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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.
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.
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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.
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.
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.
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.
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.
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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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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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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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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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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
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AP 6100
Revisions:
AP 6100 Delegation of Authority
Reference:
Education Code Section 70902(d), 81644, 81655, 81656
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.
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.
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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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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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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:
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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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:
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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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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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:
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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
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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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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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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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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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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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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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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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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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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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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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:
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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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.
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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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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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
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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
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New: April 18, 2007 Page 1 of 3
AP 6325
Revisions:
AP 6325 Payroll
Reference:
Education Code Section 70902
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.
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
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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.
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If you need same day service, you must deliver it to the Print Shop and pick it up.
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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
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.
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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
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New: April 18, 2007 Page 1 of 5
AP 6330
Revisions:
AP 6330 Purchasing
Reference:
Education Code Section 81656; Public Contracts Code Section 20650
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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.
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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.
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.
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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.
COD:
The District will not accept COD goods or shipments. All COD packages will be
rejected and returned.
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.
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Mt. San Jacinto Administrative Procedures
Community College District Chapter 6
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New: April 18, 2007 Page 1 of 1
AP 6331
Revisions:
AP 6331 Surplus Property
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.
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
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New: April 18, 2007 Page 1 of 18
AP 6332
Revisions:
AP 6332 Public Works Projects
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:
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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.
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.
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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.
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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.
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.
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.
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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.
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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.
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.
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.
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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.
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.
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.
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.
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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.
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.
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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.
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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.
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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.
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.
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.
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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
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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.
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.
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.
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.
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.
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 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.
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.
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 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 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.
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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
- 425 -
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.
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
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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:
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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.
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.
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
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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
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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.
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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.
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.
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
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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 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:
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.
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.
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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.
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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.
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.
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
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.
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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
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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.
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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 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
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.
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.
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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 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.
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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 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.
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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 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.
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.
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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
- 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.
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
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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.
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Administrative
Mt. San Jacinto Procedures
Community College District Chapter 6
Business and Fiscal
1499 N. State Street
Affairs
San Jacinto, CA 92583-2399
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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.
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.
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
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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.
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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 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.
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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.
The Information Technology department will maintain list of current users and
permissions.
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.
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.
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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.
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.
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.
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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.
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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 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
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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:
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.
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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 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.
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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.
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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 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.
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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 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.
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.
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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;
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.
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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 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.
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
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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.
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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.
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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.
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
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.
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.
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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.
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.
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.
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
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
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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.
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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.
Emergency actions:
In the event of a large spill, the following action shall be taken:
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:
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Recommended Spill Kit:
A kit for cleaning up a small spill shall contain at least the following items:
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Mt. San Jacinto Administrative Procedures
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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.
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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.
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.
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.
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.
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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.
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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!
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
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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.
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.
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
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 7110
Revisions:
AP 7110 Delegation of Authority
Reference:
Education Code Section 70902(d)
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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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
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.
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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
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.
7. The Chief Human Resources Officer, or designee, serves as the Diversity Officer
and will monitor all phases of the selection procedure.
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.
4. The approved job description and/or classification standard will be used as the
source document for advertising and announcement purposes.
Academic
Reference: Board resolution 1999/00-82 Local Hiring Criteria; Board Policy 7120
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1499 N. State Street Human Resources
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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.
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
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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 7145
Revisions:
AP 7145 Personnel Files
Reference:
Education Code Section 87031; Labor Code Section 1198.5
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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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.
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.
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.
Unsatisfactory Evaluation
An unsatisfactory evaluation of an administrator may result in suspension,
reassignment, dismissal and/or voluntary resignation in lieu of dismissal.
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Administrator Dismissal
Additional Evaluations
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
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
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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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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.
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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
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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 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.
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.
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
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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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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.
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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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New: April 18, 2007 Page 1 of 1
AP 7232
Revisions:
AP 7232 Classification Review
Reference:
Education Code Section 88001; 88009
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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
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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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.
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.
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.
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
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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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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.
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.
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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.
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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New: April 18, 2007 Page 1 of 1
AP 7237
Revisions:
AP 7237 Layoffs
Reference:
Education Code Section 87743; 88117; 88127
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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)
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1499 N. State Street Human Resources
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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 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.
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San Jacinto, CA 92583-2399
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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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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
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.
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.
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
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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.
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.
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
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.
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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.
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.
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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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
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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.
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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.
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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.
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,
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if any, actually paid to and retained by the employee for periods covered by the
salary warrants.
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.
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.
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
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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.
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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.
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New: April 18, 2007 Page 1 of 3
AP 7345
Revisions:
AP 7345 Catastrophic Leave
Reference:
Education Code Section 87045
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.
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.
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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.
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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
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coverage.
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.
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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 7350
Revisions:
AP 7350 Resignations
Reference:
Education Code Sections 87730; 88201; Board Policy 7350
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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
- 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
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.
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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.
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 decision of the arbitrator or Administrative Law Judge will be made in writing
and provided to all parties.
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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 6
AP 7365
Revisions:
AP 7365 Discipline and Dismissal Classified Employees
Reference:
Education Code Section 88013; CSEA Collective Bargaining Agreement;
Board Policy 7365
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.
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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.
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,
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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.
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.
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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
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.
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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 7371
Revisions:
AP 7371 Personal Use of Public Resources
Reference:
Government Code Section 8314; Penal Code Section 424
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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 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.
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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
- 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
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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
- 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:
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
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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
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?
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.
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.
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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
- 620 -
New: April 18, 2007 Page 1 of 3
AP 7500
Revisions:
AP 7500 Volunteers
Reference:
Education Code Section 72401
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.
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.
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.
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.
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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
- 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.
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.
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.
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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.
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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
- 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
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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.
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
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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 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)
This procedure sets out the processes for responding to and investigating reports of
unlawful activities, and addressing complaints of retaliation for making such reports.
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.
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
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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.
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.
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