Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Pursuant to California Education Code section 66017, a California Community College, California State University (CSU), or University of California (UC) may suspend a student for willful disruption, to protect lives or property, or to ensure the maintenance of order. [This is not an exhaustive list.] However, if the suspension by the college is issued immediately (e.g. the student is kicked off campus right then), the student is legally entitled, per this section, to a hearing within 10 days.
If the college suspension is not issued immediately (e.g. the student is still allowed to attend classes) or is merely proposed, 66017 states that the hearing must be "prompt" which may or may not mean "within 10 days." I would argue the college student is still entitled to a hearing within that amount of time.
Section 66017 also instructs colleges to adopt procedures and appoint personnel to deal with discipline matters on campus. Other code sections also apply depending on the type of college involved. Needless to say, I have seen students suspended with no hearing in sight, which is unacceptable.
If you are suspended from college, insist on a prompt hearing within 10 days so you can get back to your studies. We all know how long ten days can be away from college classes and the impact can be devastating. When I attended the University of California, ten days was more than one tenth (1/10th) of my whole quarter! I would certainly have missed a lot of classes, and my grades could have declined significantly, with such an extended period of absence.
Simple knowledge of timelines and assertion of rights can help college students survive the surprise of an unexpected suspension. Hiring a student attorney can't hurt either.
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Law and Rights
California College Suspensions And The Right To A Hearing Within Ten Days
By Michelle Ball, California Education Attorney for Students since 1995
Pursuant to California Education Code section 66017, a California Community College, California State University (CSU), or University of California (UC) may suspend a student for willful disruption, to protect lives or property, or to ensure the maintenance of order. [This is not an exhaustive list.] However, if the suspension by the college is issued immediately (e.g. the student is kicked off campus right then), the student is legally entitled, per this section, to a hearing within 10 days.
If the college suspension is not issued immediately (e.g. the student is still allowed to attend classes) or is merely proposed, 66017 states that the hearing must be "prompt" which may or may not mean "within 10 days." I would argue the college student is still entitled to a hearing within that amount of time.
Section 66017 also instructs colleges to adopt procedures and appoint personnel to deal with discipline matters on campus. Other code sections also apply depending on the type of college involved. Needless to say, I have seen students suspended with no hearing in sight, which is unacceptable.
If you are suspended from college, insist on a prompt hearing within 10 days so you can get back to your studies. We all know how long ten days can be away from college classes and the impact can be devastating. When I attended the University of California, ten days was more than one tenth (1/10th) of my whole quarter! I would certainly have missed a lot of classes, and my grades could have declined significantly, with such an extended period of absence.
Simple knowledge of timelines and assertion of rights can help college students survive the surprise of an unexpected suspension. Hiring a student attorney can't hurt either.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Records Rights In California Community Colleges
By Michelle Ball, California Education Attorney for Students since 1995 Do you or a family member attend one of the many California community colleges? Have you ever wondered what data the college is gathering on you? Or, have you had "issues"...
- Suspension Or Expulsion For Profanity At School? It's Supposed To Be Habitual
By Michelle Ball, California Education Attorney for Students since 1995 California parents can often be shocked when they receive a call stating their child is being sent home for five days for saying a bad word at school. I have seen a lot...
- College Free Speech On Campus Case- Yu V. University Of La Verne
By Michelle Ball, California Education Attorney for Students since 1995 This week, the California Court of Appeals, Second District, issued a decision in the matter of Yu v. University of La Verne. This case, involving a private college and law...
- Tedious College Policies And Procedures- Yes You Have To Follow Them In Your Discipline, Academic, Or Other Problem
By Michelle Ball, California Education Attorney for Students since 1995 When college issues arise, handling them can be a bear to say the least. They can range from minor discipline matters to out and out exclusion from a college or university based...
- Students Have A Right To Postpone A School Expulsion Hearing For 30 Calendar Days
By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing. After they receive notice of the hearing, they may have less...