Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

The governing board shall, in closed session with the student and the employee who recorded the information in question, determine whether to sustain the allegations within 30 days of receipt of an appeal. If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his/her/their designee, to immediately correct or remove and destroy the information. The decision of the governing board shall be final and in writing. If the final decision of the governing board is unfavorable to the student, the student shall have the right to submit a written statement of his/her/their objections to the information, which becomes a part of the student's record until the information objected to is corrected or removed. E. U SE OF S OCIAL M EDIA The Education Code prohibits community colleges from requiring current or prospective students or student groups to disclose their usernames and passwords for personal social media. 334 The district also may not require a student, prospective student or student group to access personal social media in the presence of the institution’s employee or representative. Finally, educational institutions may not suspend, expel, discipline, threaten to take any of those actions or penalize a student, prospective student or student group for refusing to comply with a demand to access personal social media or for usernames or passwords. The law does not affect an institution’s existing rights and obligations to protect against and investigate alleged student misconduct or violations of law. The statute also does not preclude educational institutions from taking adverse action against a student, prospective student, or student group for any lawful reason. Note: The law would not preclude requesting a password from a student or requesting information from a student who is “friends” with a student on Facebook from copied by him/her/them from the student’s account.

C ONCLUSION

Section 12

We have attempted to provide an overview of the more challenging sections of the Title 5 regulations and Education Code sections that community colleges must deal with regularly. Although the amount of information may be daunting, community colleges may be able to protect themselves from common problems by heeding the guidelines in this workbook. For example, the Education Code has expressed a preference for using permanent academic and classified employees. In any attempt to hire personnel to fit any exception, community colleges must take care to follow the statutory rules as detailed above. With this workbook as a guide, your community college can navigate through the “reticulated and complex” Education Code.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 105