Academic Freedom Policy
Institutions of higher learning exist for the common good and not to further the interest ofeither the individual instructor or the institution as a whole. The common good depends on the uninhibited search for truth and its open expression, and to this end both faculty and students must hold the right of full freedom of inquiry and expression.
Academic freedom is equally essential to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom is fundamental to the protection of the rights of the instructor in teaching and to the student in learning.
Academic freedom cannot be separated from academic and professional responsibility.
Instructors have the right to study and investigate, to interpret their findings, and express conclusions. Instructors may present views that are controversial and may evaluate opinions held by others, while respecting the right of free expression.
Academic freedom does not include use of discriminatory, discourteous, offensive, abusive conduct or language toward students, supervisors, other employees, or the public while in performance of District employment.
The Academic Senate at Evergreen Valley College represents the faculty on academic and professional matters. It plays a key role in the college’s quadripartite governance structure. The Academic Senate is represented at all Board of Trustees meetings, and its members serve on numerous campus committees, which it either initiates or to which it provides faculty representation.
As the faculty’s official representative, and in accordance with Assembly Bill 1725, the Academic Senate is involved in all academic matters affecting instruction. In this regard, the Senate is an important part of the governance structure of the college and an equally important source of information to the campus and outside community.
By representing the widest possible cross section of the faculty, the Academic Senate is an important source for information and opinion gathering. The Academic Senate wants to be informed of all academic problems, concerns, projects, proposals, and activities throughout the campus. Academic Senate meetings are scheduled twice a month (normally, the first and third Tuesdays of the month, 3-5 p.m.).
Academic Senate office is located in A3-205; hours are Monday through Thursday, 9 a.m. to 5 p.m., and Fridays, 9 a.m. to 4 p.m. Telephone (408) 274-7900, ext. 6533.
In accordance with the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), the Student Right to Know and Campus Security Act, Evergreen Valley College will collect as of August 1, 1991, and distribute an annual crime report as required by this legislation. Student-Right-to-Know requires all colleges to publish annual transfer and completion rates along with Campus Crime Rates & Security Report. The report is made available to the community by September 1st of each year.
In compliance with the federal Student- Right- to- Know- Act of1990, Evergreen Valley College collects and reports statistics regardingcriminal activity on campus. The incident report is available at http://www.sjeccd.org/HTML/District/DistPolice/Campussecurityreports.html. This information contains daily incidents police personnel are involved in and are called to. The Student-Right- to- Know information is available at each of the police stations on campus for viewing.
Transfer & Completion Rates
In conformity with Student- Right-to-Know-Act, EVC makes available its completion & transfer rates to all current perspective students. Fall 2007 Completion Rate is 20.29% and Transfer Rate is 11.70%.
Drug-Free Work Place Policy
In accordance with the Drug-Free Workplace and the Drug-Free Schools and Communities Acts, it is the policy of the San José/Evergreen Community College District to provide a drug-free campus community and workplace. The unlawful manufacture, possession, distribution, or use of a controlled substance is prohibited on the campuses and District facilities. Violation of this standard may result in dismissal under the applicable regulations of Title V of the California Code of Regulations and will be subject to civil and criminal penalties.
For more explicit information on this policy and its sanctions, contact:
District Human Resources Director
San José/ Evergreen Community College District Offices - (408) 270-6406
EVC Director of Student Life - (408) 274-7900, ext. 6867
Alcohol and Drug Abuse Prevention and Treatment Information
A resource list of available community resources and health education materials are located in Health Services, along with psychological services for intervention and support. Students who need information regarding substance abuse are encouraged to visit Student Health Services located at SC124, or call us at 408-270-6480.
Evergreen Valley College is a smoke free campus. Smoking is permitted only in the designated areas within the parking lots.
Statement of Nondiscrimination
It is the policy of the San José/Evergreen Community College District to provide an educational and employment environment in which no person shall be unlawfully denied in whole or in part full and equal access to, the benefits of, or be subjected to discrimination in any program or activity of the District. This policy prohibits discrimination on the basis of legally protected categories which include ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, sex, religion, sexual orientation, gender identity, marital status, medical condition, veteran status, physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics. Conduct need not arise to the level of a violation of law in order to violate this policy.
It is the highest priority of the San José/Evergreen Community College District to maintain a working and learning environment for every student, District employee and campus visitor that is free from discrimination and harassment. Every District employee and student should be treated with dignity and respect. To achieve this goal the District will have zero tolerance against behavior that amounts to discrimination or harassment. Zero tolerance means that in all instances where discrimination or harassment is found, corrective action will be taken in accordance with state law, the District’s collective bargaining agreements and policies. All supervisory personnel will be responsible for maintaining an environment that is free of prohibited discrimination and harassment.
Discrimination is defined as unfavorable or unfair treatment, or preferential treatment of a person or class of persons, or treatment that has an adverse impact on persons or class of persons, on the basis of any of the above referenced legally protected categories. This policy pertains to all board actions, to all employment practices, to all student related matters, and to the community’s ability to access the District’s programs, services and use of campus facilities.
Harassment is a form of discrimination and is therefore also prohibited. Harassment means verbal, written, graphic or physical conduct relating to an individual’s membership in any of the above referenced legally protected categories that has the purpose or effect of:
a) Creating an intimidating, hostile or offensive working or learning environment; or,
b) Substantially or unreasonably interfering with an individual’s work or academic performance; or,
c) Otherwise adversely affecting an individual’s employment or academic opportunities.
Harassment can include any unwelcome verbal, written or physical conduct, which offends, denigrates, or belittles any individual because of any of the characteristics described above. Such conduct includes, but is not limited to unsolicited derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, gestures, physical contact, stalking, threatening, bullying, extorting or the display or circulation of offensive written materials or pictures.
Any individual who is found to have engaged in discriminatory or harassing behavior will be subject to appropriate corrective and/or disciplinary action.
The District shall maintain a discrimination complaint procedure for employees, students and campus visitors who believe they have been discriminated against or have suffered some form of harassment.
The District recognizes that confidentiality is important to all parties involved in a discrimination or harassment investigation. Confidentiality will be maintained to the extent possible.
The District will not tolerate retaliation against any individual for initiation, pursuit or assistance with a lawful complaint of discrimination or harassment.
Where To File An Informal Harassment Or Discrimination Complaint
Informal complaints may be filed by contacting the designated District and/or Campus Officers, who may accept informal complaints from any location within the San José/Evergreen Community College District.
Designated Campus Officers:
Sexual harassment , gender discrimination, and disability discrimination:
Vice-President of Student Affairs SC 205 (408) 223-6749
Disability discrimination and harassment complaints involving students:
Dean of Counseling, SC 230A, (408) 274- 7900 ext.6491
All discrimination and harassment complaints:
Director of Diversity, SJECCD Office, Room 9, (408) 274-7900 ext. 6798
Designated District Officer:
Associate Vice Chancellor of Human Resources: Sexual Harassment and discrimination complaints.
State Compliant Process:
For detailed information go to:
How To File A Formal Harassment Or Discrimination Complaint:
Complaints of sexual harassment or discrimination on the basis of race, color, national origin, ethnic group identification, age, gender, transgender, immigration status, language, accent, religion, sexual orientation, marital status, veteran status, medical condition, physical or mental disability filed against an employee of the District should be directed to the Associate Vice Chancellor of Human Resources or the Diversity Office.
A copy of these procedures, and the District’s Unlawful Discrimination Complaint Forms, are available in the District Human Resources Office, the District Chancellor’s Office, the President’s Office at each campus, the Office of the President of the Associated Student Body, the Diversity Director’s Office, and the Disabled Student’s program at either campus.
An individual may also file a complaint of unlawful discrimination with the Equal Employment Opportunity Commission, 96 N. Third St. Suite 200, San José, CA 95112, or the Department of Fair Employment and Housing, 2570 North First Street, Suite 480, San José, CA 95131, or the Office of Civil Rights of the U.S. Department of Education, 50 Beale Street, Suite 7200, San Francisco, CA 94105 at the time of filing a complaint or during, or after use of the District harassment or discrimination complaint process.
Completed complaint forms are to be given to appropriate department supervisor and one copy mailed or taken to:
San José/Evergreen Community College District
4750 San Felipe Rd,
San José, CA 95135
Policy on Consensual Relationships
The District prohibits its employees from engaging in sexual relationships with individuals employed by the District and with whom they have a direct supervisory relationship. Examples include, but are not limited to: managers, supervisors, and their subordinates. Because of the differential in the level of authority, such relationships could lead to charges of coerced submission or sexual harassment, even if there was apparent consent.
In addition, the District prohibits instructors from engaging in consensual sexual relationships with students who are enrolled in a class that they are currently teaching and counselors from engaging in consensual sexual relationships with students whom they are currently counseling.
A manager’s, faculty member’s, or supervisor’s liability protection under California statute will not protect the individual in subsequent litigation arising from the relationship’s effect on the student or employee.
Persons who believe that they have been victims of harassment/discrimination may file a complaint under the District’s Procedure for Resolution of Discrimination/Harassment Complaints with the College Title IX Officer or the District Office of Human Resources
Standards of Student Conduct
Students and visitors to San José City College and Evergreen Valley Community College are expected to adhere to academic and behavioral Standards of Student Conduct and Academic standards which include honesty, satisfactory academic performance, and regular attendance.
By following these standards, students will conduct themselves in a manner that fosters a positive learning and working environment for students and staff, maintains order on the campus, and protects the rights of the individual and the interests of the District. Violation of these standards on District-owned or controlled property, or at a District-sponsored activity, could result in the consequences outlined in this section. Decisions will be made based on factual information in accordance with due process procedures as outlined by the college and the California Education Code.
Academic Standards and Consequences
Evergreen Valley College values academic integrity. Students are expected to complete and submit their own work. These values ensure that every student is graded fairly. Academic dishonesty is unethical and does not support student learning.
Violations of standards include the following:
- Altering grades
Altering or forging college documents, records, or identification
- Copying from someone’s test or allowing someone to copy your test
- Copying from an author’s work without giving credit (plagiarism)
- Doing an assignment (e.g., a term paper or essay) for another student or asking, paying, bribing, or blackmailing someone to do an assignment for you
- Sitting in for someone in class, or on a test, or having someone sit in class for you, if not authorized by the instructor
- Submitting work previously presented in another class if not authorized by the instructor
- During an exam, using or consulting other test or course material not authorized by the instructor
- Possession of an examination or materials not authorized by the instructor
Consequences may include one or more of the following actions by appropriate college officials:
- Receiving a failing grade on the test, paper, or exam
- Course grade lowered, possibly resulting in course failure
- Verbal or written reprimand/warning
- Suspension for a longer specified time
- Expulsion from college
Behavioral Standards and Consequences
Evergreen Valley College is committed to fostering a safe, positive, learning environment where students can pursue their educational goals and participate in college-sponsored activities that promote intellectual growth and personal development. To this end, students are provided protection and due process of their individual rights against unfair or improper actions by any member of the district community.
Students are expected to adhere to State and Federal laws, and to the rules and regulations of the District, and of the College. Violations may result in disciplinary action against the student student and in certain cases criminal arrests can be made and charges filed by the District Attorney’s Office.
Violations include but are not limited to the following:
- Applying undue pressure on an instructor to alter a grade
- Threat or act of physical harm directed against a student, visitor, or college employee (report will be sent to the District Attorney for further legal action).
- Willful damage to, or theft of personal or district property (report will be sent to the District Attorney for further legal action)
- Threat or act of stalking, sexual assault, or rape (report will be sent to the District Attorney for further legal action)
- Possession of a knife, gun, rifle, or an object used as a weapon to threaten bodily harm (report will be sent to the District Attorney for further legal action)
- Use of fraudulent identification, use of District or College property (report will be sent to the District Attorney for further legal action)
- Unauthorized possession, duplication, or use of keys to any district premises, or unauthorized entry to or use of District or College property (report will be sent to the District Attorney for further legal action)
- Unauthorized copying or an attempt to copy, computer software; an unauthorized entry or attempt to enter a system; or intentionally introducing a virus
- Unlawful possession, sale, use of, or being under the apparent influence of illegal drugs or alcohol (report will be sent to the District Attorney for further legal action)
- Willful defiance of college officials, faculty, staff, or police officers who are giving lawful direction (report will be sent to the District Attorney for further legal action)
- Disorderly, lewd, indecent, or obscene conduct or expressions (including willful profanity and/or vulgarity with intention to threaten, intimidate, or offend). (report will be sent to the District Attorney for further legal action)
- Possession or distribution of Child Pornography (report will be sent to the District Attorney for further legal action)
- Gambling (money or its equivalent exchanged and not part of an approved campus activity/event).
- Harassment or discrimination based on gender, race, religion, culture, disability, sexual orientation, or age . (report will be sent to the District Attorney for further legal action if Federal Hate Crime laws have been violated)
- Bomb or terrorist threat (report will be sent to the District Attorney for further legal action).
- Failure to comply with the terms of any disciplinary sanction imposed in accordance with the Code of Student Conduct.
Consequences may include one or more of the following actions:
- Immediate instruction for the disruptive student to leave campus based on the need to maintain the orderly operation of the campus, and upon the direction of District Police officials in accordance with Section 626.4 and 626.6 of the California Penal Code
- Verbal Reprimand/Written Warning: Verbally reprimanding students for inappropriate behavior and a written warning that the continuation of the conduct will cause disciplinary action.
- Suspension: Exclusion from classes, privileges, activities, or the college for a specified period of time, noted in student’s file (instructors may suspend a student for the remainder of a class period and the next class period; Administrators or President may suspend a student for a longer specified time).
- Expulsion: Termination of student’s right and privileges noted in student’s file.
- Criminal Arrest and Prosecution (when applicable)
Due Process Procedures
Any district official who suspends a student for more than one entire class or day of instruction must provide his or her immediate supervisor and the College President a written report that includes:
- The name of violating student.
- A statement of the alleged violation(s) with date, time, and place.
- Names of witnesses (if any).
- Sanction(s) to be imposed.
Within 10 working days of receiving the report, the President or designee must notify the student by certified mail of the following:
- Reason or reasons for suspension or dismissal.
- Length of suspension or dismissal.
- Conditions for removal of suspension or dismissal.
- The right to appeal the suspension or dismissal through the college grievance process.
When it appears likely that the grievance process will proceed for a period beyond that of the suspension, the student may request immediate reinstatement from the instructor or District official who imposed the suspension. If agreement cannot be reached to reinstate the student during the review process, the student may petition the President for reinstatement. The President may reinstate the student until the review process is completed by informing all involved parties in writing of the reason for reinstatement.
If the grievance process finds in the student’s favor, the student shall be held harmless and will be allowed to make up missed work.
The President shall report all suspension of students to the District Chancellor.
Instructors shall be encouraged to clearly establish and uniformly enforce rules for proper classroom demeanor.
Student grievances are limited to the following areas:
- Prejudicial or capricious action in the evaluation of a student’s academic performance (see “Grades”).
- Act or threat of intimidation or harassment.
- Act or threat of physical aggression.
- Arbitrary action or imposition of sanctions without proper regard to academic due process as specified in college procedures.
- Violation of student rights described in College Rules and Regulations or the District Standards of Student Conduct.
- A violation of students’ rights as stipulated in the California Education Code, Title IX, or Section 504 of the Rehabilitation Act of 1973, or any other applicable Federal and State Regulations.
A student may institute grievances against another student, a classified employee, a faculty member, or an administrator. However, grievances between students are directed to and resolved by the Director of Student Life. For more information, call (408) 274-7900, ext. 6117.
Student Grievance Procedures
- The student should have an informal meeting with the faculty or staff member to discuss the difficulty and show an effort to come to a resolution.
- If the issue is not resolved, the grievance may move to the next level.
- The student should inform the Director of Student Life.
- The Director will investigate the matter which may include a meeting with the student and faculty or staff member.
- Once the investigation is complete, the Director will issue a decision.
If the student is not satisfied with the decision, the grievance may move to level three.
- The student may appeal to the Vice President of Academic Affairs for instruction and classroom issues, or the Vice President of Student Affairs for other issues.
- The Vice President will investigate the grievance and issue a decision.
- If the student is not satisfied with the decision of the Vice Presidents and wishes his/her issue to go the Grievance Board, the Vice President of Student Affairs will convene the Board within 10 days of his/her decision.
Student Grievance Review Board
The Student Grievance Review Board allows a hearing for those students who believe that they have been unjustifiably penalized or suffered grievous personal abuse by actions of any member of the certificated or classified staff of San José/Evergreen Community College District.
The Review Board consists of two faculty members appointed by the Academic Senate or two classified employees appointed by the CSEA, an administrator appointed by the College President, one counselor appointed by the Dean of Counseling and Matriculation, and two students appointed by the Associated Student Body President. A person shall serve as a member of the Review Board until such time as he/she resigns or is removed by the respective appointing authority.
The College President or designee shall appoint the chairperson of the Student Grievance Review Board.
When a complain involves a classified employee, the two members of the classified staff shall be substituted for the faculty members to the membership of the Review Board. In the event a substitution of members must be made because of a known conflict of interest, the President or elected representative of that section of the Review Board shall appoint a substitute.
The Review Board shall establish its own procedures and have the authority to require those present to conduct themselves in accordance with the dignity of the proceedings and the right to place reasonable restrictions of time and relevancy upon parties and witnesses. The Review Board may call witnesses.
Student and Staff Rights
When a student or staff member appears before the Review Board, he/she shall have the right to:
- Present, hear, or question adverse witnesses pro and con.
- The Review Board shall consider no evidence unless both parties are given the opportunity to challenge the evidence.
Only evidence introduced before the Review Board shall be used in determining the Board’s recommendation. Members of the Review Board may not bring any matters of personal knowledge before the Board.
Subsequent to the filing of the request for hearing, no information pertinent to the proceedings shall be released until the filing of the formal report of the hearing.
Student Grievance Review Board Procedures:
The Student Grievance Board will meet at the appointed time. The student can invite anyone else to the hearing. The faculty or staff member can invite anyone else to the hearing.
- In the event that either party is unable to attend the scheduled hearing, due only to a justified emergency, the hearing shall be rescheduled within 10 working days at a time agreeable to all parties. If the student does not appear for the hearing and does not have an excused absence approved by the Hearing Board, the grievance shall be canceled. If the faculty/staff member does not appear and does not have an excused absence approved by the Hearing Board, the Review Board shall proceed with the hearing.
- The recommendation of the Review Board shall be determined by a majority vote.
- The Review Board shall forward its findings and recommendations to all involved parties and the College President for appropriate action.
- If either the student or the staff member involved is not satisfied with the decision or action of the Review Board, an appeal may be made to the College President for his/her consideration. This appeal will take the form of a written memorandum outlining the nature of the basis for the dissatisfaction with the decision or action. Once the College President has reviewed this memorandum and the written communication from the Review Board, the President will schedule a private meeting with all parties, individually or jointly, to discuss the matter.
- The College President, on consultation with the Review Board, may uphold, reverse, or modify the recommendation. The decision will be forwarded to the involved parties in writing, with copies to members of the Review Board.
- If the student or the staff member is not satisfied with the final college-level disposition of the case, that person may appeal directly to the Governing Board of the District.
Recommendation of Review Board
The Review Board recommends to the College President that the student not suffer academic penalty if he/she has been required to be absent from class or classes for hearings, and that the instructors be so notified. This protection shall also apply to students who serve as Board members or who are required to serve in other capacities. This provision in no way excludes the obligation of the student to meet course requirements.
While the results of the hearing are pending, the student’s right to be on campus will not be suspended unless, in the judgment of the College President or an appointed representative, the student’s own safety, the safety and well-being of other students or college personnel, or the protection of college property are threatened. The student’s instructors shall be notified immediately of any changes in the student’s status.
Subsequent to the filing of the request for hearing, no information pertinent to the proceedings shall be released until the filing of the formal report of the hearing.
For further information, call the Vice President of Student Affairs at (408) 223-6749 located in SC-205.
San José Evergreen Community College District Public Safety
The San José/Evergreen Community College District maintains a campus Police Department staffed with highly trained officers to help protect the safety and ensure security of students, staff, their property, and the property of the District. District police officers, committed to standards of professional excellence, are required to meet the selection and training requirements of the California Peace Officer Standards and Training Commission. Officers receive the same training and carry the same authority in or near the college campuses as city police officers and county deputy sheriffs.
The District Police Department operates under the direction of a vice chancellor and a chief of police, and offers a wide range of services to the campus community. Services include providing and presenting current crime prevention information, patrolling the college campuses and parking lots, proactive crime suppression, investigating all offenses that occur on the campuses, and informing campus users of the occurrence of crimes specified by federal statute. Officers are authorized to arrest or cite law violators.
Crime Reporting Procedures
Offenses, accidents, and all emergencies that occur on campus should be reported immediately to the District Police at the number listed below:
Evergreen Valley College Police Station
Central Utilities Building
Red emergency call-boxes are available at various locations for anyone who needs to contact the District Police. Emergency call boxes are marked by blue signs and blue lights for easy visibility.
Office Hours: Evergreen Valley College
Monday through Saturday 7 a.m. – 11 p.m.
Sunday 7a.m. – 3 p.m.
Holidays 8 a.m. – 4 p.m.
After hours, all campus emergencies should be reported by dialing 911 on a public telephone. Coins are not required when placing 911 calls. Office phones normally used as FAX lines may also be used for placing emergency 911 calls. Other telephones in District and College offices and facilities require that one dial “9” then 911 for emergency service.
If for some reason 9-911 should fail to work, dial the City of San José Emergency Services number (408) 277-5454.
When classes are in session, most campus facilities are unlocked from 6:30 a.m. to 10:30 p.m. on weekdays. However, during the hours of 10:30 p.m. to 6:30 a.m., buildings are locked for service by the custodial staff. Facilities are normally locked at 10:30 p.m. on Friday until 6:30 a.m. on Monday, unless special arrangements are made for weekend use. Arrangements must be communicated to the District Police.
Campus Crime and Security Report
The Student Right-to-Know and Campus Security Act of 1990 requires all colleges to publish an annual Campus Crime and Security Report and to make this report available by September 1 of each year to all current students, employees, and prospective employees. The reports will report/disclose information on campus-based crimes and campus safety policies and procedures.
A complete copy of the Campus Crime Report can be obtained from the EVC Campus Police website at http://www.sjeccd.edu/business/distpolice/Pages/default.aspx. The report contains additional crime statistics on major offenses reported over the past two years. The college will provide a complete paper copy upon request.
Student Semester Parking permits are $45 automobile / $15 motorcycle and are available for purchase online at https://MyWeb.sjeccd.edu. They are static-cling and transferable so that students who carpool or regularly drive different cars to campus, may transfer the permit from car to car.
All automobiles must have the valid permit placed on the lower left-hand corner of the front windshield and be parked "nosein".
All motorcycles must have a current permit affixed to the right front fork and must be parked in designated motorcycle stalls. Motorcycles may not park in regular vehicle stalls.
- Daily and semester permits are NOT valid in metered or other time-limit zones.
- Students must park in lots designated for students.
- Staff must park in one of the lots designated for staff parking, or pay the required fee to park in a student lot.
- If there is a verifiable parking problem, the staff member must call District Police immediately.
Disabled Person Parking Spaces
Use of disabled person parking spaces requires the display of a valid blue or red placard issued by the State Department of Motor Vehicles. District staff, student, or daily permits are no longer required in addition to the DMV handicapped placard in order to park in handicapped spaces. Possession and display of handicapped placards on vehicles does not permit parking on red, green, and fire hydrant zones and areas designated as “No Parking”.
NOTE: Students should lock their vehicles at all times. The District is not responsible for damage or loss to student vehicles.
Payment for parking violation citations must be mailed to the address on the envelope, or may be paid online at www.ptsonline.org. Online payment requires a valid credit card, and the citation number. Payments will NOT be accepted at the Campus Police Station. Individuals wishing to contest parking citations may obtain forms at the Campus Police Station. These forms must be completed and mailed to the address within 21 days from the citations’ issue date otherwise the violation fee may be subject to an increase. Individuals contesting citations need not pay the initial violation fee until they receive a result of their contest.