Title 5, California Code of Regulations

Article 2. Student Discipline

41301. Expulsion, Suspension and Probation of Students.

Following procedures consonant with due process established pursuant to Section 41304, any student of a campus may be expelled, suspended, placed on probation or given a lesser sanction for one or more of the following causes which must be campus related:

(a) Cheating or plagiarism in connection with an academic program at a campus.

(b) Forgery, alteration or misuse of campus documents, records, or identification or knowingly furnishing false information to a campus.

(c) Misrepresentation of oneself or of an organization to be an agent of a campus.

(d) Obstruction or disruption, on or off campus property, of the campus process, administrative process, or other campus function.

(e) Physical abuse on or off campus property of the person or property of any member of the campus community or of members of his or her family or the threat of such physical abuse.

(f) Theft of, or non-accidental damage to. campus property, or property in the possession of, or owned by, a member of the campus community.

(g) Unauthorized entry into, unauthorized use of, or misuse of campus property.

(h) On campus property, the sale or knowing possession of dangerous drugs, restricted dangerous drugs, or narcotics as those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction or analysis.

(i) Knowing possession or use of explosives, dangerous chemicals or deadly weapons on campus property or at a campus function without prior authorization of the campus president.

(j) Engaging in lewd, indecent. or obscene behavior on campus property or at a campus function.

(l) Violation of any order of a campus president, notice of which had been given prior to such violation and during the academic term in which the violation occurs, either by publication in the campus newspaper, or by posting on an official bulletin board designated for this purpose, and which order is not inconsistent with any of the other provisions of this Section.

(m) Soliciting or assisting another to do any act which would subject a student to expulsion, suspension or probation pursuant to this Section.

(n) For purposes of this Article, the following terms are defined:

    (1) The term "member of the campus community" is defined as meaning California     State University and Colleges Trustees, academic, non-academic and administrative personnel, students, and other persons while such other persons are on campus property or at a campus function.

    (2)The term "campus property" includes:

            (A) real or personal property in the possession of, or under the control of, the Board of Trustees of the California State University and Colleges, and

            (B) All campus feeding, retail, or residence facilities whether operated by a campus or by a campus auxiliary organization.

    (3)The term "deadly weapons" includes any instrument or weapon of the kind commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club.

    (4)The term "behavior" includes conduct and expression.

    (5)The term "hazing" means any method of initiation into a student organization or any pastime or amusement engaged in with regard to such an organization which causes, or is likely to cause, bodily danger, or physical or emotional harm, to any member of the campus community; but the term "hazing" does not include customary athletic events or other similar contests or competitions.

(o) This Section is not adopted pursuant to Education Code Section 8903-1.

(p) Notwithstanding any amendment or repeal pursuant to the resolution by which any provision of this Article is amended, all acts and omissions occurring prior to that effective date shall be subject to the provisions of this Article as in effect immediately prior to such effective date.

Note:Authority cited: Sections 66300. 66600, 89030 and 89035, Education Code. Reference: Sections J66017, 66300, 66600, 69810-69813 and 89030, Education Code, and Section 626.2 Penal Code.

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