Procedures for Formal Hearing

The Dean of Students at Chabot College or the Vice President of Student Services at Las Positas College shall transmit to the Hearing Committee the case of any student or complainant requesting a formal hearing. Procedurally, informal action becomes formal upon the Vice President or Dean convening the Hearing Committee.

The Hearing Committee shall be selected as follows:

• Two faculty members appointed by the Faculty Senate Presiden
• Two students appointed by the Associated Students' President.
• One person appointed by the President of the College who may be an instructor or a manager other than the Dean of Students or the Vice President of Student Services.
• Committee members shall select one of their members as Chair.

The Hearing Committee shall conduct its proceedings as follows:

• A summary record shall be provided by the Dean of Students or Vice President of Student Services.
• The committee shall discuss issues, hear testimony, examine witnesses and consider available evidence pertaining to the charge.
• Both parties shall have the right to present statements, testimony, evidence and witness. The accused person may be represented by counsel or by a person of his/her choice. Each party shall have the right to question witnesses and to hear testimony.
• The student who is charged is presumed innocent until proven otherwise by the preponderance of the evidence.
• The committee shall submit its findings of facts and its recommended action to
  • CHABOT - Dean of Students, a copy to the Vice President of Student Services, College President, the student, and to the complainant involved.
  • LAS POSITAS - the Vice President of Student Services, a copy to College President, the student, and to the complainant involved
• The hearing shall be closed to the public unless the student requests from the Dean or Vice President at least two (2) working days in advance that the hearing be public. The Dean or Vice President may refuse such a request if confidentiality must be maintained in order to insure the rights of either party in the dispute.
  • A summary record of the proceedings, if held in closed session, shall be kept in a confidential file by the Vice President of Student Services or the Dean of Students. All applicable guidelines as specified by the Family Education Rights and Privacy Act of 1975 shall be followed regarding student record privacy.
  • All proceedings, from the receipt of the request for a formal hearing to the Dean's or Vice President's rendering and submission to the parties involved of a written decision, are to be handled with deliberate speed and shall be completed within twenty (20) working days