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s 40806. Other Applicants.
An applicant who does not meet the requirements of Sections 40803, 40804 and 40805, but who is eligible for admission as a first-time freshman on the basis of the admission requirements in effect at the time of the application for admission as an undergraduate transfer, other than the provisions of Section 40759, or who has completed 56 semester (84 quarter) units of transferable college credit for admission prior to fall term 2005 and 60 semester (90 quarter) units of transferable college credit commencing with admission to the fall 2005 term, may be admitted to a campus as an undergraduate transfer, if in the judgment of the appropriate campus authority, the applicant can succeed at the campus.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 40807. Adult Students.
An applicant who has attained the age of 25 years and is a high school graduate may be admitted to a campus as an adult student (1) if the applicant was not enrolled as a full-time student for more than one academic term within the previous five years and (2) if for any college work completed during that five-year period the applicant received a "C" average (2.0) or better and (3) if the applicant's motivation, preparation, and ability are such that in the judgment of the appropriate campus authority the probability of academic success is equivalent to that of students eligible under Section 40803 and (4) if the applicant demonstrates competence in entry-level skills as defined in Section 40402.1.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66021, 66600 and 89030, Education Code.
s 40808. Applicants Who Are Enrolled at Other Campuses.
Notwithstanding any other provision of this Article, an applicant who is enrolled at a campus may be admitted to another campus at the discretion of appropriate campus authority of both campuses, if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the "first campus," and the campus to which the student seeks to be admitted is termed the "second campus.")
(a) The student has completed at least one term at the first campus as a matriculated student and has earned at least 12 units there.
(b) The student has attained a grade point average of 2.0 (grade of C) in all work completed at the first campus and is in good standing at that campus.
The Chancellor shall establish procedures so that an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed. Admission under this section may be limited to a specified period of time or purpose to be determined by the second campus.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 40900. General Exceptions.
An applicant who is not otherwise eligible for admission as either a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students who enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may prescribe, and may from time to time revise, procedures for the administration of this Section.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 40901. Exceptions for Applicants to Special Compensatory Programs.
(a) An applicant who is not otherwise eligible for admissions either as a first-time freshman pursuant to Article 4 (commencing with Section 40751) or as a transfer student with fewer than 56 semester (84 quarter) units for admission prior to fall term 2005 and fewer than 60 semester (90 quarter) units commencing with admission to the fall 2005 term pursuant to Article 5 (commencing with Section 40801) may be admitted to a campus provided that he or she is a disadvantaged applicant for whom special compensatory assistance is available, and provided further that the number of applicants enrolled in The California State University pursuant to this Section for any college year shall not exceed 4% of all undergraduate students enrolled for the first time in The California State University during the previous college year exclusive of those who enrolled after being admitted under the provisions of this article. The Chancellor may establish, and may from time to time revise, procedures for the administration of this Section.
(b) As used in this Section, the term "disadvantaged applicant" means an applicant who comes from a low-income family, who has the potential to perform satisfactorily on the college level, but who has been and appears to be unable to realize that potential without special assistance because of economic, or educational background.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 40905. Admission to Bachelor of Music and Bachelor of Fine Arts Degree Programs.
An applicant may be admitted to the Bachelor of Music degree program or Bachelor of Fine Arts degree program if the applicant qualifies for admission under this Subchapter and if the applicant, in the judgment of the campus, demonstrates unusual artistic talent.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41000. Admission to Post-Baccalaureate Standing: Unclassified.
An applicant may be admitted to a campus as an unclassified post-baccalaureate student if the applicant satisfies the requirements of each of the following lettered subdivisions:
(a) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(b) The applicant has attained a grade point average of at least 2.5 in the last 60 semester units attempted.
(c) The applicant was in good standing at the last college attended.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41001. Special Action.
An applicant who does not qualify for admission under the provisions of subdivisions (a) or (b), or both such subdivisions, of Section 41000, may be admitted by special action if on the basis of acceptable evidence the applicant is judged by appropriate campus authority to possess sufficient academic, professional and other potential pertinent to the applicant's educational objectives to merit such action.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41002. Admission to Post-Baccalaureate Standing: Classified.
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to classified post-baccalaureate standing for the purpose of enrolling in a particular post-baccalaureate credential or certificate program, if the applicant satisfies such additional professional, personal, scholastic and other standards, including qualifying examinations as may be prescribed for the particular program by the appropriate campus authority.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41010. Admission to Graduate Standing: Conditionally Classified.
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001, but who has deficiencies in prerequisite preparation which in the opinion of the appropriate campus authority can be met by specified additional preparation, including qualifying examinations, may be admitted to an authorized graduate degree curriculum with conditionally classified graduate standing.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41011. Admission to Graduate Standing: Classified.
An applicant who is eligible for admission under the provisions of either Section 41000 or Section 41001 may be admitted to an authorized graduate degree curriculum of the campus as a classified graduate student if the applicant satisfactorily meets the professional, personal, scholastic, and other standards for admission to the graduate degree curriculum, including qualifying examinations, as the appropriate campus authority may prescribe. Only those applicants who show promise of success and fitness will be admitted to graduate degree curricula, and only those who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in such curricula.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41020. Admission to Doctor of Education Programs.
(a) An applicant may be admitted with classified graduate standing to a program leading to a Doctor of Education degree established pursuant to Section 40511 if the applicant satisfies the requirements of each of the following numbered subdivisions:
(1) The applicant holds an acceptable baccalaureate degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(2) The applicant holds an acceptable master's degree earned at an institution accredited by a regional accrediting association, or the applicant has completed equivalent academic preparation as determined by the appropriate campus authority.
(3) The applicant has attained a cumulative grade point average of at least 3.0 in upper-division and graduate study combined.
(4) The applicant is in good standing at the last institution of higher education attended.
(5) The applicant has demonstrated sufficient preparation and experience pertinent to educational leadership to benefit from the program.
(6) The applicant has met any additional requirements established by the Chancellor in consultation with the faculty and any additional requirements prescribed by the appropriate campus authority.
(b) An applicant who does not qualify for admission under the provisions of subdivision (a) may be admitted with classified graduate standing by special action if on the basis of acceptable evidence the applicant is judged by the appropriate campus authority to possess sufficient academic and professional potential pertinent to educational leadership to merit such action.
(c) An applicant who is ineligible for admission under the provisions of either subdivision (a) or subdivision (b) because of deficiencies in prerequisite preparation that in the opinion of the appropriate campus authority can be rectified by specified additional preparation, including examinations, may be admitted with conditionally classified graduate standing. The student shall be granted classified graduate standing upon rectification of the deficiencies.
(d) Only those students who continue to demonstrate a satisfactory level of scholastic competence and fitness shall be eligible to continue in Doctor of Education programs.
Note: Authority cited: Sections 66600, 66040.3, 89030 and 89035, Education Code. Reference: Sections 66040.3, 66600 and 89030, Education Code.
s 41030. Applicants Who Are Enrolled at Other Campuses.
Notwithstanding any other provision of this Article, an applicant who is enrolled as a graduate student at a campus may be admitted to another campus at the discretion of appropriate campus authorities of both campuses if the applicant satisfies the requirements of each of the following lettered subdivisions. (For convenience of reference, the campus at which the student is enrolled is termed the "first campus," and the campus to which the student seeks to be admitted is termed the "second campus.")
(a) The student has completed at least one term at the first campus as a matriculated student or will be enrolled concurrently in such status.
(b) The student has been admitted to or is enrolled in an authorized graduate program at the first campus.
(c) The student was in good standing at the last college attended. The Chancellor shall establish procedures whereby an applicant meeting the provisions of this section may be certified by the first campus as to eligibility, residence and health status. The second campus may require the applicant to submit additional information as needed, and admission under this section may be for a specified period of time or purpose to be determined by the second campus.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41040. English Language Examination.
To be admitted to a campus as a postbaccalaureate or graduate student, an applicant who does not possess a baccalaureate degree from a postsecondary institution where English is the principal language of instruction must receive a minimum score of 550 on the Test of English as a Foreign Language (TOEFL). Appropriate campus authority may prescribe a higher minimum score, based on such campus factors as the nature of the instruction offered, availability of instruction in English as a second language, student enrollment demand, and availability of funds. Achieving the minimum score shall be evidence of the applicant's English competency at a level which will allow the applicant to participate satisfactorily in and benefit from university study. Exceptions may be granted by the appropriate campus authority when there is convincing evidence that the applicant's competence in English is at a level which will allow satisfactory participation in and benefit from university study.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89030, Education Code.
s 41050. Campus Admission Requirements.
Each campus shall establish and announce admission requirements appropriate for each of its graduate degree and post-baccalaureate programs; such requirements may be greater than but not less than the requirements set forth in Section 41000.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41100. Admission to Teacher Education Basic Credential Program.
To be admitted to a teacher education basic credential program, a candidate for admission shall be evaluated by the campus as provided in subsection (a) and shall be determined to have satisfied all entrance requirements of the California State University as provided in this section.
(a) Evaluation Procedure. When a candidate requests admission to a teacher education basic credential program, the campus shall evaluate the candidate and review the candidate's record in accordance with the review and evaluation procedures established at the campus. The teacher education faculty shall be involved in this review and evaluation. The decision of the campus resulting from this evaluation shall be final.
(b) Evaluation Standards. Requirements for admission to a teacher education basic credential program shall be prescribed by the Chancellor, after appropriate consultation, and shall include the following:
(1) Scholarship. The candidate shall have attained a grade point average that is equal to or greater than a standard established by the Chancellor in consultation with the faculty. That standard shall ensure that successful candidates will have demonstrated academic achievement that places them in the upper half of a comparable student population, in conformity with criteria adopted by the California Commission on Teacher Credentialing.
(2) Prerequisite Courses and Field Experience. The candidate shall have successfully completed at least one documented field experience as prescribed by the Chancellor and other prerequisite courses prescribed by the campus.
(3) Professional Aptitude. The candidate shall demonstrate suitable aptitude for teaching in public schools, as determined by the campus. The procedures for making this determination shall include interviews and letters of recommendation.
(4) Physical Fitness. The candidate shall satisfy the standards of health and physical fitness required by the Commission on Teacher Credentialing.
(5) Fundamental Skills. The candidate shall demonstrate proficiency in fundamental skills. Fundamental skills shall include written and spoken English. The Chancellor may require the demonstration of proficiency in additional fundamental skills for entrance to or continuation in a basic credential program. The campus shall determine whether the evidence of proficiency is acceptable.
(6) Personality and Character. The candidate shall demonstrate personality and character traits that satisfy the standards of the teaching profession. The assessment of the candidate shall be made by the teacher education faculty of the campus, who may also consider information from public school personnel and others. Tests, observations, and interviews may be employed by the campus for this assessment.
(c) Exceptions. The campus may admit a candidate to a teacher education program as an exception when the candidate has not met one or more of the requirements if the candidate possesses compensating strengths in other required areas. A campus may grant exceptions that are conditioned on satisfaction of requirements within a specified time period. The campus shall limit the number of exceptional admissions to teacher education programs in the current year to a number no greater than 15 percent of those regularly admitted to the campus teacher education program in the current or previous year.
(d) The evaluation standards established by the Chancellor may vary with the type of basic credential program to which admission is sought. The standards may be based, as appropriate, on one or more of the following: undergraduate class standing or post-baccalaureate standing; completion of, partial completion of, or enrollment in an approved subject matter program; submission of examination scores or passage of one or more examinations; possession of a certificate of clearance; offer of employment as an intern teacher in a collaborating district.
(e) A candidate who has been determined by a campus to meet the minimum standards for entrance to a basic credential program shall be considered to be eligible for admission to a basic credential program of the same type that is offered by any other California State University campus and that is not impacted pursuant to Sections 40650 and 40651.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 41101. Continuation in Teacher Education Basic Credential Program.
Once admitted to a teacher education basic credential program of a campus, a student shall continue to satisfy the requirements for admission in Section 41100 and those prescribed by the campus. Should the campus determine that a student no longer satisfies these requirements or that a student who was admitted as an exception has failed to satisfy a condition of admission, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program.
A campus may establish additional criteria of satisfactory progress through the teacher education program. Should the campus determine that a student has not made satisfactory progress, the campus may, after notifying and counseling the student, discontinue the student's participation in the teacher education program.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 41102. Recommendation for Teaching Credential.
To be eligible for recommendation by the campus for a basic teaching credential, the candidate shall have satisfied the following requirements:
(a) The candidate shall have achieved a minimum grade point average of 3.0 on a four-point scale in all classes attempted in professional education courses after entering the program.
(b) The candidate shall have met campus standards for completion of a supervised teaching experience, including a teaching experience in a multicultural setting.
(c) The candidate shall have successfully completed all credential requirements of the Education Code and Part VIII of Title 5 of the California Code of Regulations.
(d) The candidate shall have satisfied all competence standards of the campus in the following categories: fundamental skills, the appropriate subject matter, instructional procedures, classroom management, and professional attitudes.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 41103. Office of the Chancellor.
The Chancellor shall provide guidance to the campuses of the California State University concerning the requirements of this Article 9 and administrative direction in the implementation of the provisions of this article in the California State University.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 41104. Office of the Chancellor.
Note: Authority cited: Section 89030, Education Code. Reference: Section 89030, Education Code.
s 41110. Admission for Employee Training and Career Development.
Full-time permanent or probationary employees as defined in Section 41804 or permanent part-time employees who are not admitted to a campus pursuant to the admission requirements of this subchapter may be admitted to a campus for the purpose of enrollingin courses which meet the requirements of and are approved pursuant to Section 41804 subject to rules prescribed by the Chancellor or designee. Such admission shall be only for the purpose of enrolling in such courses.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41200. Health Screening Programs.
Except as hereinafter provided, each campus may establish for regular students a health screening program, including a requirement for a physical examination, as a condition for matriculation or continued attendance. If the parent or guardian of a minor student, or a student who has reached his or her eighteenth birthday, submits in writing a statement that a physical examination is contrary to the religious beliefs of such student, the student shall be exempt from such physical examination other than that required by the campus of students taking courses in student teaching or other teacher-education laboratory in the public schools. Whenever a campus physician has reason to believe that any student is suffering from an infectious or contagious disease that poses a significant health hazard to persons on the campus, such student shall not be permitted to attend at the campus. If admitted students do not comply with any campus health screening policy before arrival on campus, appropriate campus medical personnel are authorized to conduct physical examinations, laboratory tests or radiological examinations, diagnose and treat such students as necessary to ensure compliance with campus health screening requirements prior to registration or enrollment.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41200.1. Exemption for Enrollment at Other Campuses.
The requirement of a physical examination may be waived by a campus for students whose enrollment at that campus is pursuant to Section 40808 or Section 41030.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41201. Supplemental Information.
A campus may require of each applicant for admission that the applicant furnish the campus with his or her social security number and other information concerning the applicant's identification which the campus requests.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41250. Admission Experiments.
Notwithstanding any other provisions of this Subchapter, the Chancellor may authorize the admission of applicants for the purpose of conducting controlled admission experiments designed to provide improved bases for identifying applicants likely to profit from the instruction offered. All such programs including the criteria to be tested are subject to prior approval by the Chancellor and shall be reported to the Board annually.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41300. Academic Probation and Disqualification.
For purposes of determining a student's eligibility to remain at the campus both quality of performance and progress toward his or her objective shall be considered. Such eligibility shall be determined by use of grade points, and grade point average and by application of guidelines provided for in Section 41300.1.
Campuses shall adhere to the following criteria to ensure satisfactory student progress toward the degree:
(a) An undergraduate student shall be subject to probation if, in any academic term the student fails to maintain a cumulative grade point average of at least 2.0 (grade of C);
(b) An undergraduate student shall be subject to disqualification if the student's cumulative grade point balance displays a deficiency in excess of the number permitted for his or her class level pursuant to deficiency levels established by the Chancellor;
(c) An undergraduate student who is not on probation may be disqualified if at any time the student's cumulative grade point average falls below 1.0 (grade of D) and, in the opinion of the appropriate campus authority it is unlikely in light of the student's overall educational record, that the resultant grade point deficiency will be removed in subsequent terms.
(d) A student who is enrolled in a graduate degree program in conditionally classified or classified standing shall be subject to academic probation if the student fails to maintain a cumulative grade point average of at least 3.0 (grade of B) in all units attempted subsequent to admission to the program;
(e) A student who is enrolled in any post-baccalaureate status other than in conditionally classified or classified standing shall be subject to academic probation if the student fails to meet criteria established by the campus. Such criteria shall not be less than those established for undergraduate students;
(f) A graduate or post-baccalaureate student shall be subject to disqualification if while on probation the student fails to earn sufficient grade points to be removed from probationary status. Disqualification may be either from further registration in a particular program or from further enrollment at the campus as determined by appropriate campus authority.
A student disqualified for scholarship deficiency may not enroll in any regular session of the campus without permission from the appropriate campus authority, and may be denied admission to other educational programs operated or sponsored by the campus.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41300.1. Administrative Academic Disqualification.
An undergraduate or graduate student may also be placed on probation or may be disqualified by appropriate campus authorities for unsatisfactory scholastic progress regardless of cumulative grade point average or progress points. Such actions shall be limited to those arising from repeated withdrawal, failure to progress toward an educational objective and noncompliance with an academic requirement, and shall be consistent with guidelines issued by the Chancellor.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 41301. Standards for Student Conduct.
The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community must choose behaviors that contribute toward this end. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
(a) Student Responsibilities
Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and to contribute positively to student and university life.
(b) Unacceptable Student Behaviors
The following behavior is subject to disciplinary sanctions:
(1) Dishonesty, including:
(A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
(B) Furnishing false information to a University official, faculty member, or campus office.
(C) Forgery, alteration, or misuse of a University document, key, or identification instrument.
(D) Misrepresenting one's self to be an authorized agent of the University or one of its auxiliaries.
(2) Unauthorized entry into, presence in, use of, or misuse of University property.
(3) Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
(4) Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
(5) Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
(6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
(7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
(8) Hazing, or conspiracy to haze, as defined in Education Code Sections 32050 and 32051:
"Hazing" includes any method of initiation or pre-initiation into a student organization, or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any student or other person attending any school, community college, college, university or other educational institution in this state; but the term "hazing" does not include customary athletic events or other similar contests or competitions.
A group of students acting together may be considered a 'student organization' for purposes of this section whether or not they are officially recognized. Neither the express or implied consent of a victim of hazing, nor the lack of active participation while hazing is going on is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
(9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
(10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
(11) Theft of property or services from the University community, or misappropriation of University resources.
(12) Unauthorized destruction, or damage to University property or other property in the University community.
(13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
(14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
(15) Misuse of computer facilities or resources, including:
(A) Unauthorized entry into a file, for any purpose.
(B) Unauthorized transfer of a file.
(C) Use of another's identification or password.
(D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
(E) Use of computing facilities and resources to send obscene or intimidating and abusive messages.
(F) Use of computing facilities and resources to interfere with normal University operations.
(G) Use of computing facilities and resources in violation of copyright laws.
(H) Violation of a campus computer use policy.
(16) Violation of any published University policy, rule, regulation or presidential order.
(17) Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
(18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
(19) Violation of the Student Conduct Procedures, including:
(A) Falsification, distortion, or misrepresentation of information related to a student discipline matter.
(B) Disruption or interference with the orderly progress of a student discipline proceeding.
(C) Initiation of a student discipline proceeding in bad faith.
(D) Attempting to discourage another from participating in the student discipline matter.
(E) Attempting to influence the impartiality of any participant in a student discipline matter.
(F) Verbal or physical harassment or intimidation of any participant in a student discipline matter.
(G) Failure to comply with the sanction(s) imposed under a student discipline proceeding.
(20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
(c) Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
(d) Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code.
s 41302. Disposition of Fees: Campus Emergency; Interim Suspension.
The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
Note: Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code.Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code.
s 41303. Conduct by Applicants for Admission.
Note: Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code.
s 41304. Student Disciplinary Procedures for the California State University.
Note: Authority cited: Sections 66300, 66600, 89030 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813 and 89030, Education Code; and Section 626.2, Penal Code.
s 41400. Scope of Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41401. Calling of Election.
The president of a campus in which a student body organization has been established may call an election which shall be called, held and conducted pursuant to this article, to determine whether a student body membership fee shall be fixed which shall be required of all regular, limited and special session students attending the campus.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41402. Notice.
The election shall be called by posting notices in three public places on the campus at least two weeks before the election and by publishing the notice once a week for two weeks in the campus newspaper published by the student body organization, if there be such a newspaper. The notice shall set forth the time and place of the election, the purpose of the election, the location of the polls, and the hours during which the polls will be open. If more than one polling place is established, the notice shall also designate the group eligible to vote at each polling place.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41403. Polling Places.
The president of the campus shall fix the number of polling places. If more than one polling place is established, the regular students of the campus shall be divided into as many groups alphabetically, according to their surnames, as there are polling places, and each group shall be required to vote at the polling place assigned to it.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41404. Conduct.
The election shall be held on the campus and may be held on any day during the regular academic year the campus is in session except Saturday and Sunday. The polls shall be open from not later than 8 a.m. to at least 4 p.m. Only regular students of the campus shall be entitled to vote at the election.
No electioneering shall be carried on by signs or otherwise within 100 feet of any polling place.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41405. Supervision.
Such election shall be held and conducted under the direct supervision of such members of the faculty of the campus as the president shall designate. Voting shall be by secret ballot.
At least one faculty member shall be present at each of the polls during the time the polls are open and during the time the votes are counted. Such faculty member or members shall supervise the conduct of the election at the polling place.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41406. Ballot.
The ballot used at such elections shall be in the following form: "Shall a membership fee in the student body organization of_______________ (Insert Name of Institution) be fixed which shall be required of all regular, limited and special session students enrolled at the campus? Yes__ No__ (The voter shall mark a cross after the answer he desires to give.)"
Only one ballot shall be allowed each eligible voter. If a voter marks a ballot in error, the voter may return such ballot and receive another.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41407. Results.
Immediately after the closing of the polls, the ballots cast at each polling place shall be counted by, or under the direction of, the faculty member or members assigned to such polling place. The number of "Yes" votes and the number of "No" votes cast at the polling place shall be certified to the president of the campus by a faculty member assigned to the polling place. The president of the campus shall total the votes and certify the result of the election to the Board of Trustees.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41408. Fixing of Fees.
If two-thirds of the votes cast at the election are "Yes" votes, the Chancellor shall fix the membership fee to be required of all regular, limited and special session students attending the campus and shall notify the president of the campus of the fee fixed.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41409. Collection of Fees.
The required membership fee shall, pursuant to Education Code Section 89301, be collected by the campus of a regular student, limited student, and special session student unless the student chooses to work off the amount of the fee as provided in Education Code Section 89301. Fees so collected shall be deposited with the chief fiscal officer or designee of the campus and transmitted by that officer to the treasurer of the student body organization.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41409.5. Time of Collection of Fees.
The required membership fee shall be collected at the time of each registration except:
(a) When a student loan or other financial assistance from a student aid program or a training program recognized by the campus has been delayed and there is reasonable proof acceptable to the chief fiscal officer of the campus or designee that the funds will be forthcoming; or
(b) When changes are made during the change of program period which result in a higher fee category than paid at the time of registration, in which case the additional fee required shall, subject to (a) above, be paid immediately upon demand by the campus.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41410. Referendum.
The required membership fee shall be subject to referendum as provided in Education Code Section 89300. The referendum election shall be called, held, and conducted, and the results thereof certified in the same manner as the election at which the required membership fees were authorized except for necessary changes made in phrasing notices, ballots, propositions, and similar election material, in order to provide for a referendum; provided that a referendum shall not be successful unless at least two-thirds of the students voting at the election called therefor approve it.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41411. Resubmission of Proposals.
If a proposal submitted at an election held under this article fails to receive the number of votes required for its adoption, subsequent elections may be called and held under this article, at which the proposal may be submitted but no such election shall be held within 90 days of any prior election at which such proposal was submitted.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41500. Withholding of Recognition.
No campus shall recognize any fraternity, sorority, living group, honor society, or other student organization which discriminates on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition on membership policies that discriminate on the basis of gender does not apply to social fraternities or sororities or to other university living groups.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41501. Definition of Recognition.
Recognition as used in this article shall include, but not be limited to, the granting by a campus of any benefit, resource, or privilege whatsoever, or allowing the use of campus facilities, to any such student organization described in Section 41500 of this article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41502. Time Limitation for Conforming.
s 41503. Filing Requisites.
Each student organization shall deposit with the Vice President of Student Affairs or equivalent officer of the campus by, copies of all constitutions, charters or other documents relating to its policies. The student organizations shall also deliver to the Vice President of Student Affairs or equivalent officer a statement signed by the president or similar officer of the local student organization attesting that the organization has no rules or policies which discriminate on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above. This statement shall be renewed annually and the other documents required by this section shall be refiled within 90 days after any substantive change or amendment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41504. Penalties.
Should the national governing body of any organization described in Section 41500 take any action which has the effect of penalizing or disciplining any branch or chapter at a campus in order to enforce a policy of discrimination based on race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above, recognition of that organization by any campus shall be immediately withdrawn.
Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.
s 41505. Athletics and Other Intercollegiate Activities.
No campus shall enter into intercollegiate activities which will subject its students directly or indirectly to discrimination or segregation on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition against discrimination on the basis of gender does not apply to membership on intercollegiate athletic teams, facilities, or competition. (continued)