Macomb Community College provides a comprehensive program of high-quality educational ... Acceptable Use of Information
Handbook on Rights & Responsibilities 2 01 6
866.Macomb1 (866.622.6621) www.macomb.edu
Macomb Community College Vision Statement Macomb Community College will continue to be a recognized leader of higher education and the community’s preferred choice for lifelong learning, cultural enrichment and community development opportunities.
Mission Statement
As a publicly funded and community-based institution of higher education, Macomb Community College provides a comprehensive program of high-quality educational, enrichment and economic development experiences designed to promote student success, individual growth and social advancement: Education: Provide a learning environment that promotes program completion, graduation, transfer, advanced degree attainment and career success. Enrichment: Provide personal enrichment experiences through cultural and arts programming.
Economic Development: Provide education, training and support in developing a skilled workforce and in fostering entrepreneurship to cultivate southeast Michigan’s economic vitality.
Contents
Policies contained within this handbook can also be viewed on our website as indicated.
College Rules and Regulations: www.macomb.edu College Rules and Regulations . . . . . . . . . . . . . . . 1 Article I.
Alcoholic Beverages . . . . . . . . . . . . . . . 1
Article II.
Buildings, Physical Facilities, Equipment and Supplies . 1
Article III.
Disturbance in Public Place . . . . . . . . . . . . 3
Article IV.
Dress and Appearance . . . . . . . . . . . . . . 3
Article V.
Student Conduct . . . . . . . . . . . . . . . . 3
Article VI.
Drugs . . . . . . . . . . . . . . . . . . . . . 3
Article VII.
Integrity of Academic Work . . . . . . . . . . . . 4
Article VIII.
Fires and Fire Alarms . . . . . . . . . . . . . . 4
Article IX.
Financial Responsibility . . . . . . . . . . . . . 5
Article X.
Fireworks, Firecrackers, Etc. . . . . . . . . . . . . 5
Article XI.
Gambling . . . . . . . . . . . . . . . . . . . 5
Article XII.
Identification . . . . . . . . . . . . . . . . . . 5
Article XIII.
Theft or Damage of Property . . . . . . . . . . . 5
Article XIV.
Records . . . . . . . . . . . . . . . . . . . . 5
Article XV.
Parking and Traffic . . . . . . . . . . . . . . . 5
Article XVI.
Selling, Soliciting and Advertising . . . . . . . . . 6
Article XVII.
Smoking . . . . . . . . . . . . . . . . . . . 6
Article XVIII.
Weapons . . . . . . . . . . . . . . . . . . . 6
Article XIX.
When Policies of Other Organizations Apply . . . . . 7
Article XX.
Enforcement of Rules and Regulations . . . . . . . . 7
College Policies and Procedures: www.macomb.edu College Policies and Procedures . . . . . . . . . . . . . . 8 Policy on Expressive Activity . . . . . . . . . . . . . . . . . . 8 Residency . .
. . . . . . . . . . . . . . . . . . . . . . . 11
Equal Opportunity/Affirmative Action . . . . . . . . . . . . . . 12 Statement of Assurance . . . . . . . . . . . . . . . . . . . . 13 Civil Rights Complaint Procedure . . . . . . . . . . . . . . . . 13 Unlawful Harassment . . . . . . . . . . . . . . . . . . . . . 16 Policies and Procedures for Responding to Reports of Sexual Harassment and Sexual Misconduct (Title IX) . . . 24 Student Discipline . . . . . . . . . . . . . . . . . . . . . . 37 College Police Authority . . . . . . . . . . . . . . . . . . . . 39 Acceptable Use of Information Technology Resources . . . . . . . . 40 Social Media Policy . . . . . . . . . . . . . . . . . . . . .
44
Violence Prevention . . . . . . . . . . . . . . . . . . . . .
46
Student Concern and Complaint Procedure . . . . . . . . . . . .
47
Student Registration . . . . . . . . . . . . . . . . . . . . .
47
Tuition and Course Fee Refund Policy . . . . . . . . . . . . . . 48 Satisfactory Academic Progress for Continuation of Financial Aid . . . 49
Summary of Satisfactory Academic Statuses . . . . . . . . . . 51
Appeal Process . . . . . . . . . . . . . . . . . . . . . . 52 Grading Reports and Symbols . . . . . . . . . . . . . . . . .
53
Grade Complaint Procedure . . . . . . . . . . . . . . . . . .
55
Confidentiality of Student Records Policy . . . . . . . . . . . . . 56
—College Rules and Regulations—
Macomb Community College enacts the following regulations for the care, preservation and protection of the property governed by the College and for the control of the conduct of those on said property in order to assure the successful operation of the College, maintain good order, promote the objectives of the College and to obviate unnecessary and improper interferences with College activities and with the lawful activities of those coming upon land governed by the College. The following regulations as well as all applicable township, city, county, state and federal laws, statutes, ordinances and regulations shall apply on all College property and at all College-sponsored events. All crimes, accidents and civil infractions occurring on College property must be promptly reported to the College Police.
I.
Section A
Section B Section C
II.
Section A
Section B
Alcoholic Beverages
Students, employees and visitors of Macomb Community College are expected to observe all federal, state and local laws and College regulations governing the use and possession of alcoholic beverages. All persons are prohibited from furnishing, using or possessing alcoholic beverages on College property, except as noted in Section C below, or to be under the influence of alcohol while on College property. Offenders may be subject to criminal charges and /or disciplinary action by the College. Possession shall consist of having an open or unopened container of alcoholic beverage on the person, or in the vehicle of occupancy, immediately before challenge by an enforcing official. Exception to the consumption of alcoholic beverages on campus is permitted only by special authorization granted through the Office of the Vice President for Advancement and Community Relations, or when upon licensed premises at the Macomb Center for Performing Arts and Cultural Center. See Board of Trustee Policy on Campus Licensed Use of Alcoholic Beverages.
Buildings, Physical Facilities, Equipment and Supplies
The use of College buildings, physical facilities, equipment and supplies is limited to the purposes designated by the College and must be approved by the appropriate College authority. Specific regulations governing the use of the College’s buildings and physical facilities may be obtained from the College Police or the Dean, Student & Community Services. It is unlawful for any person to misuse, mutilate or destroy any building, physical facility or equipment under the governance of the College.
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Section C Section D Section E Section F
Section G Section H
Section I Section J
It is unlawful for any person to dislocate or remove equipment or property owned by the College unless properly authorized. It is unlawful for any person to mutilate any tree, shrub or herbaceous plant or remove from them any identification sign or tag. No person shall deposit, dump or otherwise dispose of refuse of any kind on College property. No person owning or having under his control a dog, cat or any other animal shall permit such animal to be upon the property of the College without a leash suitably attached to said animal so as to restrain its movements. No animals, except those owned or used by the College for the purpose of instruction, or service animals used by individuals with a disability in accordance with federal law or regulations, are permitted in College buildings without the prior authorization of the College Police. No person shall picnic on College property in areas not authorized, designated and/or posted as picnic areas. No person shall construct or otherwise erect or abide in any lean-to, trailer, tent or other temporary shelter facility anywhere within the confines of land governed by the College, without prior authorization. It is unlawful for any unauthorized person to use the College tunnel complex. The use of the tunnels in emergencies such as tornado warnings and civil defense alerts is permitted. It shall be unlawful for any person to trespass on College property that is posted.
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III.
Section A Section B
Section C
Section D
Disturbance in Public Place
Any actions which disrupt the purposes of the College are prohibited. The right of the student body, individually or collectively, (1) to attend and participate in classes or other College-sponsored activities (2) to pass from class to class and building to building without undue obstruction (3) to eat and/or study within an atmosphere of appropriate calm within designated areas shall not be infringed upon by individual students, student organizations, the faculty, the administration or any outside individual, group or agency. In order to preserve the rights enumerated above, persons or organizations wishing to demonstrate, protest, petition or otherwise engage in protected expressive activity, must do so in accordance with the Policy on Expressive Activity. Permission for such activities must be obtained from the Vice President of Student Services or his/her designee. Any approved College function held off campus where there is a public or private complaint regarding nuisance, destruction of private or public property, disruption of public safety or any other type of complaint will be just cause for disciplinary action against the individual or individuals, sponsoring group or groups, who are found responsible for the disruption.
IV.
Dress and Appearance
V.
Student Conduct
Section A Section B
Proper attire is required. Moderation and good taste are expected.
A student’s behavior at the College must comport with educational processes and should not disrupt teaching, learning or the orderly conduct of business. Any misconduct that interferes with the educational mission of the College is a serious offense for which the student will be subject to disciplinary action by his/her teacher and/or other College personnel. No person shall conduct themselves in such a way as to deprive others of an orderly atmosphere for study. Each student is expected to comply with reasonable classroom regulations established in writing by an individual teacher and made available to students at the beginning of the term.
VI. Drugs
No person shall use, possess, distribute or sell drugs except as expressly permitted by law.
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VII.
Section A Section B
Section C Section D
Section E
Section F
VIII.
Section A Section B
Integrity of Academic Work
Any violation of academic integrity is a serious offense for which the student will be subject to grading sanctions up to and including failure in the class involved. Grading sanctions will be administered by his/her teacher. In addition, the student may be subject to additional disciplinary action by the College. No student shall cheat on an examination or other academic assignment. No person or persons shall procure or furnish in any unauthorized manner any piece or pieces of writing, which can be shown by competent authority to contain the questions and/or answers to an examination scheduled for some subsequent date to any individual or group enrolled in any course of study offered by the College. The unauthorized possession of any of the aforesaid writings shall be considered prima facie evidence of an attempt to violate the provisions of Section A. No person shall allow another to take an examination or complete any other academic work on his/ her behalf. A person is guilty of plagiarism who fails to give credit for any ideas or material taken from another for either a written or oral presentation. The offering of materials assembled or collected by others in the form of projects or collections without acknowledgment also is considered plagiarism. No person shall gain entry to any records or information stored in the College’s computer system(s) other than those records specifically registered to that person’s user identification code. This includes, but is not limited to, official College records as well as information stored by another student. Tampering shall be defined as unauthorized access to records as well as the altering of information.
Fires and Fire Alarms
It shall be unlawful for any person or persons to set a fire upon the lands governed by the College except under circumstances approved by appropriate College officials. No person shall willfully sound or cause to be communicated any false alarm or other emergency signal. 4
IX.
Section A
Section B
X.
Financial Responsibility
No persons shall owe money to the College such as tuition, fees, loans, library fines, bookstore accounts, facility fees or charges for food or refreshments unless satisfactory arrangements have been made for repayment. Restitution for services rendered or for property misused, destroyed or damaged may be required by the College.
Fireworks, Firecrackers, Etc.
No person shall have in his or her possession, offer for sale, explode or cause to explode, any fireworks, firecrackers or other explosive devices.
XI. Gambling
Illegal gambling in any form is prohibited at all times.
XII. Identification
When applicable, and/or upon request by an appropriate member of the College staff, persons requested to do so shall present acceptable identification (e.g., driver’s license, Macomb student identification card, library card).
XIII.
Theft or Damage of Property
No person or persons shall steal or damage property belonging to another person, organization or institution. This includes tampering with coin operated machines. Violations may be handled by the local police, the College disciplinary process or both.
XIV. Records
No person shall give false or incomplete replies to questions, verbal or written, on applications, forms or other documents required by properly authorized representatives of the College.
XV.
Parking and Traffic
Section A
Section B Section C Section D Section E
College roadways and service drives are considered public roads. Therefore, local traffic ordinances and state traffic laws shall apply, and shall be enforced by the College Police and local police. All posted traffic and parking regulations must be followed. Parking is restricted and/or prohibited in areas posted as such. Persons other than faculty or staff are prohibited from parking in lots designated Faculty/Staff only. Illegally parked and/or abandoned vehicles may be ticketed, towed, and/or impounded. 5
Section F
Section G Section H
XVI.
Section A Section B Section C
XVII.
It is unlawful for any person without a validated state handicap permit to park a vehicle in a parking location designated for the handicapped. Special parking for temporarily handicapped persons may be allowed in staff lots. Permits must be obtained by the person requesting this privilege from the College Police, Building K, Room 320, South Campus, or Building I, Room 107, Center Campus. No unauthorized vehicle shall be parked on College property between 2:00 a.m. and 6:00 a.m. Requests for exceptions to this rule shall be made through the Department of Public Safety. Bicycles, skateboards, go-carts, motorized vehicles or any conveyance considered to be dangerous to either the rider or pedestrians shall not be operated on College walkways, ramps or stairways. Exceptions to this section may be made by the College Police. In all cases, prevailing state and local motor vehicle codes and fire regulations shall apply.
Selling, Soliciting and Advertising
Selling, soliciting and advertising is prohibited unless properly authorized by the Office of the Dean, Student & Community Services and/or the director of the specific facility. All materials to be posted or distributed or sold on College property must be approved by the Office of the Dean, Student & Community Services and/or the director of the specific facility. Distribution of handbills on vehicles on College property is prohibited.
Smoking and Use of Tobacco
Effective November 15, 2012, no person shall smoke, chew or otherwise use tobacco, tobacco products or smoking simulation products or devices, on, in or upon property owned or leased by the College except in public or staff parking lots or in non-college vehicles. Use proper receptacles for disposal.
XVIII. Weapons
No person, other than law enforcement personnel or a person authorized by the Director of the College Police Department or his or her designee, shall possess a weapon on property owned, leased or otherwise in the possession of the College. As used in this policy, the term “weapon” shall mean: (1) firearms; (2) explosives or explosive devices including, but not limited to, fireworks, firecrackers or firearm ammunition; (3) knife, stabbing instrument, brass knuckles, blackjack, club or other object specifically designed or customarily possessed for use as a weapon; or (4) an object or substance, not normally considered a 6
weapon, that is used in a threatening or harmful manner likely to cause bodily injury or death.
XIX.
When Policies of Other Organizations Apply
XX.
Enforcement of Rules and Regulations
Section A
Section B
When students are involved in cooperative education, internships, clinical or other related academic experience(s), their conduct is governed by the policies, rules and regulations of the host organization and those of the College. Violations of the host organization’s policies, rules or regulations may subject a student to immediate course or program dismissal or other appropriate College discipline. College Administrators and College Police shall be charged with the responsibility and authority to enforce these rules and regulations as well as applicable federal, state and local laws, statutes, and ordinances. Persons accused of violating these rules may be reported to the law enforcement agency having jurisdiction. Students and College employees may be subject to discipline. (6/2013)
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—College Policies and Procedures— Policy on Expressive Activity I. PURPOSE AND DEFINITIONS. A. The purpose of these Guidelines is to ensure an atmosphere conducive to learning, the reasonable conduct of public business, unobstructed access to the College for its students, faculty, employees, occupants and the public and maintenance of the College grounds. B. The grounds of the College are defined as all lands and buildings of all campuses of Macomb Community College and include (by way of illustration and not of limitation) the exterior walls and surfaces of the buildings, entrances, porches, outside staircases, sidewalks, parking lots and all fixtures. C. Expressive activity is defined as the carrying or displaying of signs or placards, leafleting, campaigning, marches, rallies, parades, demonstrations, protests, assemblies, speeches, circulation of petitions and/or any public demonstration on the grounds.
II. SCHEDULING. Requests to schedule expressive activity on the College grounds shall be made to the Dean of Student and Community Services or his/her designee (hereinafter, Dean). A. Requests must be made in writing to the Dean during regular business hours at least 48 hours prior to any expressive activity on a form supplied by the College. B. Each request shall be in writing and shall contain the following information: 1. Name/address/telephone number(s) of contact person(s). 2. Name/address/telephone number(s) of backup contact person(s). 3. Date and hours requested for the expressive activity and duration of the expressive activity. 4. Area requested for use. 5. Number of anticipated participants. 6. Structures to be used in the expressive activity. C. In order to assure the reasonable conduct of public business, the educational process, unobstructed access to the College for its students, faculty, employees, occupants and the public and to maintain the College grounds, the Dean has been delegated the authority to approve, modify or deny an application for expressive activity. D. The Dean will review applications and may approve, modify or deny an application. The Dean will not take the content of the speech into 8
consideration when approving, modifying or denying an application. E. All decisions by the Dean required under these procedures shall be made as promptly as possible, but no later than 24-hours after receiving the written request. F. If a person or organization is aggrieved by a decision of the Dean, an appeal may be taken to the Vice President for Student Services within three College business days of that decision. The appeal shall be in writing, stating the basis therefore, and the relief sought. The Vice President shall announce a decision as promptly as possible, but no later than six College business days after the Vice President has received the appeal.
III. GOVERNING CONDITIONS. Public use of the College grounds for expressive activity is subject to the following:
A. Use of the College grounds by an individual or organization for expressive activity is permitted only if the expressive activity has been approved by the Dean. B. In order to maintain the security, safety and aesthetic appearance of the College and College grounds, and to provide for regular maintenance, improvements or alterations, expressive activity on the College grounds may occur only between the hours of 8:00 a.m. and 8:00 p.m. and shall at no time block any entrance or exit of the buildings or impede free access to the buildings or parking lots by its students, faculty, employees, occupants or the public. Expressive activity shall not impede or interfere with College business, the educational process, or public access to and use of the College grounds. The College reserves the right to stop any expressive activity when it interferes with or disrupts the normal activities of the College; interferes with the educational process; or violates any of the conditions covering expressive activity under this policy. C. To provide for regular maintenance, improvements or alterations of the College grounds and in order to maintain the security, safety and aesthetic appearance of the College and College grounds, equipment, signs, banners or structures of any kind that are placed on the College grounds in connection with any expressive activity shall be free standing and shall not be affixed to any building, tree, monument, fixture or other College structure. The equipment, signs, banners or structures shall be entirely removed at the conclusion of the scheduled expressive activity or no later than 8:15 p.m. on any day of expressive activity. Structures (whether for shelter or for any other purpose) erected by an organization as part of a scheduled expressive activity must be approved by the Dean. D. Due to the presence of underground utility, electrical and drainage lines, 9
signs or banners shall not be driven into the ground; nor shall they be supported in or by any tree, monument or other structure affixed to the College grounds. Signs or banners supported by freestanding devices may not be left unattended, i.e., an individual must be stationed within two feet of a freestanding sign or banner at all times to prevent damage to the property and injury to individuals. E. Defacing or damaging the College grounds, including but not limited to trees, shrubbery, flowers, lawns, sidewalks, parking lots, fences, lighting fixtures, light wells, fire hydrants, benches, statues, monuments, plaques and such subterranean features as are necessary for the maintenance and operation of the College (such as lawn sprinkler systems, sewer and water mains, electrical conduit, etc.) or any other feature is not allowed. Likewise, defacing or damaging the exterior walls and surfaces of the buildings, including the entrances, porches and staircases, is not allowed. F. Stepping or climbing upon statues, monuments, fences, lighting fixtures, light wells, trees or parts of the College building not intended for such purposes is not allowed. G. No sign located within 50 feet of a roadway, entrance or exit shall be larger than 3’ x 3’, and no sign shall block the sight lines of drivers entering or exiting the College grounds or traveling on a public roadway around the College. H. Vehicles are not allowed on the College grounds, except in areas designated for vehicular use. I. Camping or sleeping overnight on the College grounds is not allowed. J. Alcoholic beverages or any other controlled substance shall not be possessed, dispensed or consumed on the College grounds. K. Individuals distributing literature shall remove all discarded items from the grounds at the conclusion of their activity. L. To ensure public safety, firearms or other weapons are not allowed on campus. M. Persons engaged in expressive activity must comply with all College policies, Campus Rules and Regulations, and local, state and federal ordinances and statutes. N. Expressive activity inside College buildings is prohibited. This policy does not apply to labor disputes between construction contractors of the College and labor unions or facility licenses issued pursuant to board policy. Where a labor union wishes to engage in expressive activity, the College will set up a reserved gate as authorized by law. (11/2012)
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Residency Resident Students: A student will be considered a resident student if they 1) reside in Macomb County as of at least 60 days prior to the start of registration for the semester, or, 2) own real property in Macomb County (must provide current property tax information). Resident Students will be charged in-district resident rates. In-State Students: Students who do not fall within the definition of “Resident Students” who reside in Michigan as of at least 60 days prior to the start of registration for the semester will be charged in-state rates. Out-of-State Students: Students who do not fall within the definition of “Resident Students” or “In-State Students” as of at least 60 days prior to the start of registration for the semester will be charged out-of-state rates. Sponsored Students: Resident or in-state students enrolled under letters of understanding or agreement with approved third parties shall be charged no less than resident tuition rates for regular College offerings and no less than actual costs for “special” programs or courses developed to meet designated needs. Rates for this category of students will not be paid individually but will be billed to the third party under whose auspices such students are enrolled. Affiliate Students: Affiliate students, non-county residents living in communities not served by a community college, or who are attending the College under terms of a formal agreement with another educational provider, may be charged a tuition rate less than that for non-county residents. Affiliate student status applies to those who live in (1) the portions of four Macomb County School Districts (Anchor Bay, Richmond, Armada and Romeo) that fall outside an established community college district, and (2) the southern Lapeer County School Districts of Almont, Dryden and Imlay City, with an established tuition rate in both cases. A copy of the property tax bill or a copy of the Michigan income tax form for the last fiscal year that reflects the school district in which the student, or parent/guardian if a dependent, reside. Documentation of Residency: Students will be required to show evidence of residency at the time of each admission/readmission and when the College has reason to believe that the student is misrepresenting his/her residency. Students who misrepresent their residency may be subject to disciplinary action by the College and shall be charged the tuition rate applicable to their actual residency.
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One or more of the following documents will be accepted to verify residency: • Valid Michigan driver’s license in student’s name (both sides must be submitted if license has been renewed or address changed) • Valid motor vehicle registration in student’s name (car insurance and car title not acceptable) • Utility bill in student’s name • Valid Michigan identification card in student’s name • Payroll stub with student’s name and address • Charge statement in student’s name and address • Closing statement in student’s name • New rental or lease agreement in student’s name • Current property tax receipt in student’s name (must be place of residence or property) • Military identification card (only for those assigned to Selfridge Air National Guard Base) • Notarized statement verifying residency signed by parent(s) if student is still in high school, accompanied by parent’s proof of residency or by current high school record (e.g., high school transcript or current report card in student’s name and address) NOTE: Decisions regarding residency may be appealed to the Registrar who in consultation with the Vice President, Student Services, will review all appeals. (Effective Fall Semester 2015)
Equal Opportunity/Affirmative Action
Macomb Community College, as an equal opportunity and affirmative action employer, complies with all applicable state and federal laws regarding antidiscrimination, equal opportunity and affirmative action. Macomb Community College believes that no person should be denied the opportunity to attain their fullest potential on the basis of unlawful discrimination. Macomb Community College has established a goal to build a community that respects and welcomes all persons and provides equal opportunity and access to education, programs, employment, facilities and services to the public in a manner consistent with state and federal law. In furtherance of that goal, it is the policy of Macomb Community College that unlawful discrimination against any person on the basis of race, sex (including sexual harassment), sexual orientation, age, height, weight, disability, color, religion, creed, national origin or ancestry, marital status, familial status, veteran status or any other characteristic protected by state or federal law, is prohibited. Through the programs set forth in its Affirmative Action Plan, together with the resolution adopted by the Board of Trustees of the College on June 9, 1981, directing the Administration to take certain specific affirmative action to affect full equal employment opportunity as outlined in the resolution, the College undertakes to comply fully with all applicable federal, state and local laws relating 12
to equal employment opportunity, affirmative action and non-discrimination in public services. (6/2011) Statement of Assurance It is the policy of Macomb Community College to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, the Elliot-Larsen Civil Rights Act, and the Persons with Disabilities Civil Rights Act, as well as all requirements imposed pursuant thereto, to the end that no person will be subjected to discrimination in employment or excluded from participation in, or denied the benefits of, any College program or service on the ground of race, color, national origin, sex, disability, or age.
Civil Rights Complaint Procedure Notice of Nondiscrimination Macomb Community College does not discriminate on the basis of race, color, national origin, sex, sexual orientation, disability, or age in its programs and activities. The persons listed below have been designated to handle inquiries or complaints regarding the College’s non-discrimination policies. Civil Rights Complaint Procedure Procedure for complaints under any of the following: • Title VI of the Civil Rights Act of 1964 • Title IX of the Education Amendments of 1972 • Section 504 of the Rehabilitation Act of 1973 • The Americans with Disabilities Act of 1990 • The Age Discrimination Act of 1975 • The Elliot-Larsen Civil Rights Act • The Persons with Disabilities Civil Rights Act Any person who believes that Macomb Community College, an employee or student of Macomb Community College, or third parties such as visiting professors or contractors has violated Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Elliott-Larsen Civil Rights Act, or the Persons with Disabilities Civil Rights Act may submit a written complaint to the appropriate Civil Rights Coordinator (“CRC”) or Title IX Coordinator at the address indicated below: For complaints against a student or third party: Susan Boyd Dean of Student Success, Macomb Community College 14500 E. Twelve Mile Road • Warren, Michigan 48088 Office: Center Campus, H Building, Room 114-4 13
586.445.7408 •
[email protected] For complaints against an employee: Denise Williams Vice President for Human Resources, Macomb Community College 14500 E. Twelve Mile Road • Warren, Michigan 48088 Office: Center Campus, S Building, Room 324 586.445.7898 •
[email protected] For complaints against the Dean of Student Success, Vice President for Human Resources, or Title IX Coordinator: James Sawyer Provost, Macomb Community College 14500 E. Twelve Mile Road • Warren, Michigan 48088 Office: South Campus, D Building, Room 302 586.445.7596 •
[email protected] Procedures The College has adopted procedures, outlined below, to incorporate due process standards, including the prompt and equitable resolution of complaints. Complaints alleging violation of the aforementioned state or federal laws should: • be in writing; • state the complainant’s name, address, phone number and email address (if any); • be signed by the complainant; • be promptly submitted to the applicable Civil Rights Coordinator after the alleged act, omission or event giving rise to the complaint; • state the relevant allegations against the College, employee, student or third party, the facts in support thereof, and the date or dates on which the alleged violation(s) occurred; • state the names of known witnesses in support of the complainant’s allegations, if any, together with the witnesses’ addresses and phone numbers, if known, and • be accompanied by any documentary evidence in support of complainant’s allegations that complainant wants the College to consider as part of its investigation. Upon receipt of a complaint, the applicable CRC shall conduct an adequate, reliable and impartial investigation of the complaint. As part of that investigation, the CRC shall meet with and interview the complainant and the respondent, interview all witnesses identified by the complainant and the respondent, and review all documentary evidence submitted or identified by the complainant and the respondent. The CRC is not required to meet with or interview a complainant or a witness that refuses to cooperate or fails to respond to a request for an interview. As part of the investigation of a complaint, the CRC may interview witnesses not identified by complainant or respondent, consider documentary evidence not provided by complainant or respondent, and evaluate such other 14
evidence developed in the course of the investigation that the CRC may deem relevant. The CRC shall complete the investigation of a complaint not later than sixty (60) days after receipt of a complaint. The CRC may extend the time for completing an investigation up to an additional thirty (30) days for good cause. The complainant and respondent must be notified in writing of any extension and the reason(s) for the extension. The CRC shall notify the complainant and respondent in writing of the outcome of the complaint not later than fourteen (14) days after the date by which the investigation must be completed, including any extensions of the investigatory period. If the CRC determines that a violation has occurred, the CRC will take steps to correct any discriminatory effects on the complainant and others, if appropriate, and will take reasonable steps to prevent recurrence of the violation. Regular notice of this complaint procedure, including where complaints may be filed, will be provided to students by the College as appropriate. TITLE IX COMPLAINTS AND REPORTS Complaints or reports alleging any type of sex discrimination, other than sexual harassment and sexual violence, are governed by this Civil Rights Complaint Procedure. Complaints of sexual harassment and sexual violence are governed by Policies and Procedures for Responding to Reports of Sexual Harassment and Sexual Misconduct. Any person who believes that Macomb Community College, an employee or student of Macomb Community College, or third parties such as visiting professors or contractors has violated Title IX of the Education Amendments of 1972 may submit a complaint or report in writing to: Title IX Coordinator Casandra Ulbrich Vice President College Advancement and Community Relations 14500 E. Twelve Mile Road, Warren, Michigan 48088 Office: South Campus, D Building, Room 204 (586) 445-7244 (586) 445-7998 (fax) email:
[email protected] Submit a Report Nothing in this statement of procedure shall prevent a person who believes a violation has occurred from filing a complaint with the Michigan Department of Civil Rights, 110 West Michigan Avenue, Suite 800, Lansing, Michigan 48913, or with the Office for Civil Rights, U.S. Department of Education, 1350 Euclid Avenue, Suite 325, Cleveland, Ohio, 44115. (12/2015) 15
Unlawful Harassment I. Policy Prohibiting Unlawful Harassment
A. Harassment Prohibited It is the policy of Macomb Community College to maintain an academic and work environment free of harassment based on sex, race, color, national origin, religion, disability, age, marital status, pregnancy, height or weight (hereinafter “unlawful harassment”). Harassment based on these characteristics diminishes individual dignity, impedes equal employment and educational opportunity and is contrary to the standards and goals of the College. Harassment based on sex, race, color, national origin, religion, disability, age, marital status, pregnancy, height or weight will not be tolerated at Macomb Community College. An employee or student of Macomb Community College shall not harass an employee or student of the College, an applicant for employment or enrollment at the College, a person employed on the premises of the College under an independent contract for services, or a participant in a College-sponsored program on the basis of sex, race, color, national origin, religion, disability, age, marital status, pregnancy, height or weight. This Policy and the law prohibit harassment on the basis of these characteristics. This Policy and the law also prohibit retaliation for having brought a complaint of unlawful harassment, having opposed unlawful harassment and/or for having participated in the complaint or investigation procedure. B. Unlawful Harassment Defined 1. Sexual Harassment For purposes of this Policy, the term “sexual harassment” means: (a) unwelcome sexual advances, requests for sexual favors, and other verbal or physical acts of a sexual nature when 1) it is explicitly or implicitly suggested that submission to or rejection of the acts will be a factor in academic or employment decisions, evaluations or status, including participation in College-sponsored activities or, 2) they are used as a factor for employment or academic decisions; —OR— (b) unwelcome verbal or physical acts that are based on sex that are so severe and pervasive that they objectively either 1) have the effect of unreasonably interfering with an individual’s work or academic performance or 2) create an intimidating, hostile or offensive learning or working environment. 2. Racial and Other Types of Unlawful Harassment The College prohibits verbal or physical acts based on race, color, national origin, religion, disability, age, marital status, pregnancy, height or weight that are so severe and pervasive that they objectively 16
either 1) unreasonably interfere with an individual’s work or academic performance or 2) create an intimidating, hostile or offensive learning or working environment. 3. Examples The Appendix to this Policy provides examples to illustrate types of conduct and communication that are prohibited under this Policy Prohibiting Unlawful Harassment. The examples are not designed to be, and should not be construed as being, exhaustive of the types of conduct that may violate this Policy or the law. 4. Totality of the Circumstances Not every act that might be offensive to an individual will be considered harassment and/or a violation of this Policy Prohibiting Unlawful Harassment. In determining whether an act or series of acts constitutes harassment, the totality of the circumstances that pertain to a given incident, including the nature, frequency, intensity, location and duration, will be closely reviewed in context, with due consideration given to the protection of individual rights, including speech guaranteed by the First Amendment to the United States Constitution. Although repeated incidents generally create stronger evidence of prohibited harassment, a serious incident, even if isolated, can be sufficient. 5. Germane Classroom Speech Macomb Community College recognizes that the academic setting is distinct from the typical workplace in that latitude is required in determining the appropriate content of academic material. Thus, speech in the classroom that is germane to course content is not subject to this Policy. However, regular use of profane, vulgar or obscene language in the classroom that is not germane to course content (and thus educational purpose) as measured by professional standards is prohibited by College policy and may lead to the imposition of discipline. Reasonable care must be exercised in applying this Policy to avoid violation of First Amendment rights. C. Persons and Settings Covered Unlawful harassment by an employee or student of Macomb Community College of an employee or student of the College, an applicant for employment at the College, a person employed on the premises of the College under an independent contract for services or a person participating in or attending a College-sponsored program is unacceptable, whether it takes place on or off a campus. This prohibition against acts of unlawful harassment by employees or students shall not be construed to be a condonation of harassment committed by vendors, independent contractors or visitors to a campus. 17
D. Conformity with Collective Bargaining Agreements To the extent of any conflict between this policy and an applicable collective bargaining agreement, the collective bargaining agreement shall govern.
II. Complaint Procedure Any person who feels she or he has been subjected to unlawful harassment, is aware of conduct prohibited under the College’s Policy Prohibiting Unlawful Harassment or feels that she or he has been retaliated against for complaining about, opposing or participating in the complaint or investigation procedure, should promptly bring the matter to the attention of the Affirmative Action Officer, telephone (586.445.7897) or the Office of the Provost (telephone 586.445.7596).
III. Investigation Procedure Reports of unlawful harassment are taken seriously by the College and will be investigated. The specific action taken in any particular case depends on the nature and gravity of the conduct reported, and may include investigation, intervention, mediation and disciplinary process. If a complaint alleges facts sufficient to suggest a violation of the College’s Policy Prohibiting Unlawful Harassment, the administrator in charge of the division or unit in which the alleged harasser is assigned or enrolled shall investigate the complaint. The Office of Human Resources shall be responsible for answering questions and disseminating information about unlawful harassment and the College’s Policy Prohibiting Unlawful Harassment, and shall advise and assist the administrator in charge of the investigation of a complaint. Procedural due process appropriate to the case shall be afforded to the alleged harasser. A thorough and impartial investigation will generally include: 1. Interviewing of the complainant, both at the time the complaint is initially presented and at the time the complaint is reduced to writing; 2. Interviewing the alleged harasser and reducing his or her statement to writing; 3. Interviewing all witnesses identified by the complainant or the alleged harasser or other potential witnesses who may have observed the conduct alleged or who may possess knowledge regarding the allegation under investigation and reducing their statements to writing, either by requesting that the witnesses do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses; 4. Reviewing any documentary or other evidence submitted by the complainant or the alleged harasser; 5. Making a written determination of the validity of the complaint. 18
IV. Procedure for Resolving the Complaint
A. If Violation Found If the administrator in charge determines that a violation of the College’s Policy Prohibiting Unlawful Harassment has occurred, the administrator in charge and/or other appropriate administrators shall take prompt and appropriate remedial action to stop the harassment, seek to prevent its recurrence, and may take disciplinary measures against those responsible. Such remedial action may include:
1. Progressive disciplinary action; 2. Restoration to an individual of any employment or student benefits or status impaired as a result of the unlawful harassment or the exercise of the right to make a complaint of harassment, to oppose unlawful harassment, or to participate in an investigation under this policy; 3. Removal from the individual’s personnel or student record or other records of the College of any documents containing adverse or negative references to the complainant flowing from the policy violation; 4. Referral of any individual, including the harasser or the complainant, or both, to counseling; 5. At the option of the complainant and if practicable, reassignment or transfer to an equivalent position or class section; 6. Other appropriate measures to assure that any individual adversely affected by the filing of a complaint, participation in any complaint proceeding or opposition to unlawful harassment is restored to the position or status held prior to the policy violation; 7. Removal of the effects of the policy violation in the work place or study environment, such as the removal of offensive graffiti, posters or other means of harassment, the elimination of offensive remarks, and/or the elimination of unwanted physical contact; 8. Other appropriate measures to assure that this policy, and the College’s commitment to enforcing its Policy Prohibiting Unlawful Harassment, is reiterated in the workplace or study environment, such as republication of the policy and in-service training relating to the policy.
B. If No Violation Found If the administrator in charge determines that no violation of the College’s Policy Prohibiting Unlawful Harassment has occurred, the administrator in charge should:
1. Inform the complainant and the alleged harasser of the results of the investigation and the reasons for the finding of no policy violation; 2. Advise the complainant and the alleged harasser that the College is 19
committed to the enforcement of its Policy Prohibiting Unlawful Harassment and will not tolerate unlawful harassment or retaliation of any sort; 3. Notwithstanding the determination that no policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of harassment, opposing unlawful harassment or participating in an investigation under the College’s Policy Prohibiting Unlawful Harassment; 4. Advise the complainant to contact the Affirmative Action Officer or the Provost in the event of a future violation; 5. Take appropriate measures to assure that this policy, as well as the College’s commitment to enforcing its Policy Prohibiting Unlawful Harassment, is reiterated in the work place or study environment such as republication of the policy and in-service training relating to the policy.
C. If No Determination Possible If the administrator in charge determines there is insufficient information from which to make a determination whether a policy violation has occurred, the administrator in charge should: 1. Inform the complainant and the alleged harasser of the finding that no determination can be made; 2. Advise the complainant and the alleged harasser that the College is committed to the enforcement of the College’s Policy Prohibiting Unlawful Harassment and will not tolerate unlawful harassment or retaliation of any sort; 3. Notwithstanding the determination that there is insufficient information from which to determine that a policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of unlawful harassment, opposing unlawful harassment, or participating in an investigation under the College’s Policy Prohibiting Unlawful Harassment; 4. Advise the complainant to contact the Affirmative Action Officer or the Provost in the event of a future violation; 5. Take appropriate measures to assure that the College’s Policy Prohibiting Unlawful Harassment, as well as the College’s commitment to enforcing the College’s Policy Prohibiting Unlawful Harassment, is reiterated in the work place or study environment, such as republication of the policy and in-service training relating to the policy.
V. Protection Against Retaliation Retaliation against an individual who in good faith reports, objects to, or provides information in an investigation about behavior that may violate 20
the College’s Policy Prohibiting Unlawful Harassment are against the law, violates the College’s Policy Prohibiting Unlawful Harassment and will not be tolerated. Individuals who believe they have been retaliated against for reporting, objecting to or providing information about behavior that may violate the College’s Policy Prohibiting Unlawful Harassment should report such retaliation in a manner consistent with the Complaint Procedure outlined above. VI. Confidentiality The College recognizes the importance of confidentiality. The College will respect, and all involved parties are expected to also respect, the confidentiality and privacy of individuals reporting or accused of prohibited harassment to the extent reasonably possible. Complaints of harassment, as well as all notes, statements and written conclusions of any harassment investigation are confidential and must not be publicly disclosed. Examples of situations where confidentiality cannot be maintained include circumstances when the College is required by law or contract to disclose information (such as in response to legal process) and when disclosure is required by the College’s interests in protecting the rights of others. Individuals found to have violated the confidentiality of this process may be subject to discipline up to and including discharge or expulsion. VII. Appendix In Downey v. Charlevoix County Board of County Road Commissioners, 227 Mich App 621 (1998), a 45-year-old male heavy equipment operator for the Charlevoix County Road Commission named James Downey suffered from a depressive disorder. Downey alleged that the manager of the Road Commission, Larry Hamlin, frequently used the phrase “old guys,” tried to make the work environment “miserable” for the older employees, would “pick on” older employees and gave younger employees preferential treatment, and said that older workers were lazy or “excess baggage.” Downey also produced testimony that his direct supervisor, Tim Parsel, made several derogatory remarks concerning the medication Downey was taking for his depressive disorder and made fun of Downey one day because he was taking Prozac. The Michigan Court of Appeals held that these facts, if believed by a jury, could sustain Downey’s claim that he was subjected to a hostile work environment based on his age and disability. In Shrout v. Black Clawson Company, 689 F Supp 774 (WD Ohio, 1988), a female employee named Barbara Shrout temporarily engaged in a voluntary consensual sexual relationship with her supervisor, Edward Lewis. After Shrout terminated the relationship, Lewis attempted to force Shrout to submit to his sexual advances by withholding performance evaluations and salary reviews that were necessary prerequisites to obtaining salary increases. In addition, Lewis made sexual remarks to Shrout, left sexual materials on her desk, touched her intimately, splashed water on her and 21
“looked down [her] blouse and up [her] skirt.” The Court held that this behavior, combined with the employer’s failure to make a reasonable attempt to remedy it, sustained Shrout’s sexual harassment claim. In Moore v. KUKA Welding Systems, 171 F3d 1073 (CA 6, 1999), Gerald Moore was the only African-American working on the shop floor. One of Moore’s co-workers called him a nigger in front of a supervisor, another co-worker used the term “nigger-rigging” to represent poor workmanship, co-workers frequently told racially derogatory jokes, someone wrote the phrase “kill all niggers” on a bathroom wall and Moore was asked to drive a white employee somewhere. Although acknowledging that the evidence was not overwhelming, the Court found sufficient evidence to support the jury’s verdict that the plaintiff had been subjected to hostile environment racial harassment. In EEOC v. R & R Ventures, 244 F3d 334, 85 FEP Cases 553 (CA 4, 2001), the Court held that a reasonable jury could conclude that the manager of a fast-food restaurant created a sexually hostile work environment for teenage female employees by describing his sex life, discussing sexual positions with his employees, regularly asking employees about their sex lives, making inappropriate sexual remarks and commenting on the female employees’ physical appearance. The inappropriate sexual remarks included telling a female employee that she gave him a “cheap thrill” when she bent over, asking an employee whether she liked to be spanked and commenting that women were stupid as compared to men. The offending comments continued even after an employee asked the manager to stop making the comments. The Court noted that the severity of the manager’s alleged conduct was exacerbated because the manager was “an adult male in a supervisory position over young women barely half his age” and “engaged in a systematic effort to cripple the self-esteem of the teenagers who assisted him at the store.” In Dowdy v. Bower, 1998 U.S. App LEXIS 11792 (1998), a business owner asked a female employee named Summer Dowdy to photocopy her breasts, bragged about the size of his penis, offered to give Dowdy a raise if she would provide sexual favors to him and encouraged Dowdy to have sexual intercourse with two persons and/or another woman. The owner also subscribed to several pornographic magazines that were available to all the employees in the office. Once, a pornographic homosexual magazine was placed in Dowdy’s desk with a “Post-it” note affixed to one of the pages. The note, which was placed on a page depicting a nude man with an erect penis, said, “Summer, this is for you.” In addition, other employees bragged to Dowdy about their sexual prowess, asked her intrusive questions about her sexual experiences and suggested that she participate in lewd sexual acts. The Court ruled that this conduct, if proved at trial, could sustain Dowdy’s hostile environment sexual harassment claim. In Van Steenburgh v. The Rival Company, 171 F3d 1155 (CA 8, 1999), an employee named Van Steenburgh alleged that her supervisor, a man with 22
whom she had enjoyed a good working relationship, stated that he was interested in seeing Van Steenburgh socially. The supervisor repeatedly confronted Van Steenburgh in private and proposed that she engage in a romantic relationship with him; touched her on several occasions; followed her to a drugstore and asked her to go somewhere where they could be alone; repeatedly entered her office and asked her to have an affair with him; hugged her at the workplace; told her that he wished he could take her away from her husband; touched her breast; and grabbed her leg under the table while he, Van Steenburgh and their spouses were playing cards. Finally, after Van Steenburgh rebuffed his attempt to put his arms around her, the supervisor got angry, stating, “You owe me and you’re going to pay.” The supervisor subsequently announced in front of other employees that he had decided to place someone else above Van Steenburgh on the production line, and verbally abused Van Steenburgh when she protested. The circuit court upheld a jury’s determination that Van Steenburgh had suffered hostile environment sexual harassment. (4/2012)
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Policies and Procedures for Responding to Reports of Sexual Harassment and Sexual Misconduct 1.0 Introduction. Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private colleges and universities receiving any federal financial assistance must comply with Title IX. Under Title IX, federally funded colleges and universities must ensure that students of all ages are not denied or limited in their ability to participate in or benefit from the school’s educational programs or activities on the basis of sex. Sexual misconduct as defined in Section 6.0 of this Policy is a form sex discrimination prohibited by Title IX and this Policy. Macomb Community College (“College”) is firmly committed to maintaining a campus environment free from sexual misconduct. Sexual misconduct, which includes sexual assault, domestic/dating violence, stalking and sexual harassment, will not be tolerated by the College and is expressly prohibited. The College has jurisdiction to investigate and take certain actions with respect to reports of sexual misconduct and retaliation covered by this Policy. Persons covered by this Policy who engage in sexual misconduct and/or retaliation may be subject to discipline. In addition, the College may take steps to prevent the recurrence of any sexual misconduct and remedy the discriminatory effects on the Complainant and others, if appropriate. This Policy also expresses the College’s commitment to provide information and educational programs designed to raise awareness of sexual misconduct and prevent the college community from falling victim to sexual misconduct. 2.0 Policy Coverage. This policy covers sexual misconduct and retaliation in connection with reports of possible sexual misconduct made under this Policy. Sexual misconduct encompasses a range of behaviors that can create a hostile educational environment, including sexual assault and sexual harassment. This policy applies to sexual misconduct or retaliation committed by a College student, employee*, or a third party if that sexual misconduct or retaliation occurs: a. On campus, or b. Off campus, if: 1. In connection with a College or College-recognized program or activity; or 2. In a manner that may pose an obvious and serious threat of harm to, or that may have the effect of creating a hostile educational environment for, any member(s) of the College community. This policy and related processes may also, at the College’s discretion, 24
apply to a Respondent’s reported violations of other College policies if, in the College’s judgment, those other allegations are directly related to the reported sexual misconduct.
*Sexual misconduct reportedly committed by a College employee, including by student-employees in the context of their employment, will continue to be investigated by the Human Resources Department in accordance with the procedure outlined in the College’s Unlawful Harassment Policy.
3.0 Reporting Sexual Misconduct or Retaliation. The reporting of sexual misconduct or retaliation is voluntary. A person who believes they have experienced sexual misconduct or retaliation has the right to refuse to report it. Nevertheless, the College strongly encourages the prompt reporting of sexual misconduct and retaliation. 3.1 Who May Report Sexual Misconduct or Retaliation. A report of sexual misconduct or retaliation may be made by: • A person who believes they experienced sexual misconduct (a “Complainant”); or • A person who has information that sexual misconduct may have been committed by a College student or employee, or by a third party (a “Reporter”).
3.2 Persons Receiving Reports of Sexual Misconduct or Retaliation. Reports of sexual misconduct or retaliation should be made to: • Title IX Coordinator, Dr. Casandra Ulbrich, Vice President College Advancement and Community Relations, 14500 E. Twelve Mile Road, Warren, Michigan 48088, (586) 445-7244, (586) 445-7998 (fax),
[email protected]. Reports may also be submitted to the Title IX Coordinator from the College website using an electronic report form. • College Police Department South Campus 14500 E. 12 Mile Rd. – K340 Warren, MI 48088 Phone: 586-445-7135 Fax: 586-445-7128
[email protected] Center Campus 44575 Garfield Rd. - I103 Clinton Township, MI 48038 Phone: 586-286-2123 Fax: 586-286-2298
[email protected] • “Responsible Employees” of the College, if the assault occurred on campus. For the purposes of this Policy, “Responsible Employees” 25
means the President, Vice Presidents, Provost, Deans, Associate Deans, Administrators and teachers, and persons designated “Campus Security Authorities” by the College as required by the Jeanne Clery Act. Reports made to the College Police Department or to a Responsible Employee shall be forwarded to the Title IX Coordinator for review and investigation. In addition, upon being notified of an alleged sexual assault or other form of sexual misconduct that may constitute a crime, the Title IX Coordinator will notify the College Police Department to ensure appropriate distribution of College-wide warnings, if needed, and maintenance of accurate crime statistics, and to assist in the investigation as may be required under the circumstances. Sexual misconduct that occurs off campus should be reported to the law enforcement agency for the city, township or county in which the misconduct took place. 3.3 Importance of Timely Reporting. To promote timely and effective investigation and review, the College strongly encourages Reporters and Complainants to make reports of possible sexual misconduct as soon as possible following the occurrence of the behavior giving rise to the concern. Although the Title IX Coordinator may pursue a report made later, the lapse of time may make it more difficult or impossible to gather relevant and reliable information.
3.4 Preservation of Evidence. If an incident of sexual assault, domestic assault, dating violence, or stalking occurs, it is important to preserve evidence so that successful criminal prosecution remains an option. The victim of a sexual assault should not wash, shower or bathe, douche, brush teeth, comb hair, or change clothes prior to a medical exam or treatment. If a victim has removed the clothing he or she was wearing during the assault prior to seeking medical treatment, that clothing should be placed in a brown paper, not plastic, bag and brought to the hospital when treatment is sought. If the victim is still wearing the clothes that he or she was wearing during an assault, he or she should bring a change of clothes with him or her to the hospital so that the clothes containing possible evidence can be preserved and examined for evidence of the crime. Evidence of violence, such as bruising or other visible injuries, following an incident of sexual assault, or domestic or dating violence, should be documented by taking a photograph. Evidence of stalking, including any communications such as written notes, email, voice mail, or other electronic communications sent by the stalker, should be saved and not altered in any way.
4.0 College Response Procedure.
4.1 Services. Victims of sexual misconduct or retaliation will be offered appropriate 26
confidential support and other resources. The Dean of Student Success’ office will coordinate the provision of any services provided by various College offices.
4.2 Interim Interventions. The College, through the Title IX Coordinator or designee, will take appropriate steps to prevent and/or address any retaliatory conduct against the complainant/victim that may be connected to a report. In addition, the College may take other action to protect the complainant/victim and College community as may be reasonable and appropriate under the circumstances. Such interim interventions may include separation of the complainant/ victim and Respondent in the academic setting or other interventions outlined in Section 4.8,”Sanctions.” Interim interventions may be kept in place until the end of any review or appeal process. 4.3 Decision to Proceed with Investigation. The Title IX Coordinator is not required to assign an investigator or otherwise investigate any report alleging facts that, if true, would not constitute a violation of this Policy. In all cases, the final decision on whether, how, and to what extent the College will conduct an investigation, and whether other measures will be taken in connection with any allegation of sexual misconduct or retaliation, rests solely with the Title IX Coordinator.
4.4 Requests for Confidentiality. If the Complainant requests that his or her name not be disclosed to the alleged perpetrator, or asks that the report of sexual misconduct not be pursued, the Title IX Coordinator shall inform the student that honoring the request may limit the College’s ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator. If the Complainant insists that his or her name not be disclosed to alleged perpetrator or that the College not investigate or seek action against the alleged perpetrator, the Title IX Coordinator shall determine whether the College can honor the Complainant’s request while still providing a safe and nondiscriminatory environment for all students, including the Complainant. In considering a Complainant’s request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, the Title IX Coordinator should consider all relevant factors. If consideration of such factors results in a determination that the report must be investigated in order to provide a safe and nondiscriminatory environment for all students, the College may conduct an investigation and pursue disciplinary action, if appropriate, in a manner that discloses the student’s identity to the alleged perpetrator. 4.5 Investigation. If the Title IX Coordinator decides upon review to investigate a report of sexual misconduct or retaliation, she will generally forward a report to a 27
Deputy Title IX Coordinator for assignment to an Investigator(s). Upon assignment of a complaint to an Investigator, the Title IX Coordinator, the Deputy Title IX Coordinator and the Investigator shall confer with respect to the investigation. The investigator shall regularly report the progress of the investigation and review the information collected with the Title IX Coordinator and the Deputy Title IX Coordinator.
For complaints against students, the Deputy Title IX Coordinator is Dr. Sue Boyd, Dean of Student Success, 14500 E. Twelve Mile Road, Warren, Michigan 48088, CH 114, (586) 445-7408, (586) 445-7160 (fax),
[email protected].
For complaints against employees or others, the Deputy Title IX Coordinator is Ms. Denise Williams, Vice President of Human Resources, 14500 E. Twelve Mile Road, Warren, Michigan 48088, CS 312, (586) 445-7897, (586) 445-7874 (fax),
[email protected]. The Investigator(s) will conduct an adequate, reliable, impartial and prompt investigation of those reports assigned by the Title IX Coordinator. In most cases, the Investigator(s) will meet separately with the Complainant (if participating), Respondent, Reporter (if applicable), and interview any witnesses identified by Complainant, Respondent or the College. A digital audio recording may be made of any interview if appropriate under the circumstances. The investigator(s) will also review other relevant information gathered during the investigation, including any police investigatory documents and student or personnel records that may be available. Occasionally, a different or less formal response to the report may be warranted depending upon the nature of the report and the circumstances involved. At any time during the course of an investigation, the Complainant, Respondent, or any witnesses may provide a written statement, other supporting materials, or identify other potential witnesses, regarding the matter under review. The Complainant and Respondent may have an advisor with them at any meeting related to the investigation of the reported misconduct. Investigations shall be conducted by College employees that receive annual training on issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation in a manner that protects the safety of victims, promotes accountability, and assures adequate due process for victims and respondents. 4.6 Standard of Proof. The Investigator’s findings will be made using the preponderance of the evidence standard. This standard requires that the information supporting 28
a finding of responsibility be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have engaged in sexual misconduct or retaliation unless a preponderance of the evidence supports a finding that sexual misconduct or retaliation occurred.
4.7 Investigation Findings and Outcome Notification. In most cases, the Investigator will report his/her findings in writing to the Deputy Title IX Coordinator at the conclusion of an investigation. The Investigator’s written findings will generally include: 1. A summary of the investigation; 2. The Investigator’s findings; and 3. A summary of the Investigator’s rationale in support of the findings. The Deputy Title IX Coordinator shall review the investigator’s findings and forward them to the Title IX Coordinator. Upon receipt of the Investigator(s) written findings, the Title IX Coordinator shall, in writing, simultaneously notify Complainant and Respondent of: the Investigator(s)’ findings; the sanctions imposed on Respondent, if any; the steps, if any, the College will take to remedy the effects and prevent recurrence of the misconduct, and notice of appeal rights. 4.8 Sanctions. If the Respondent is found responsible for sexual misconduct or retaliation, the College may initiate a process designed to eliminate the misconduct, prevent its recurrence, and remedy its effects, while supporting the College’s educational mission and Title IX obligations. Sanctions or interventions may also serve to promote safety or deter students from similar future behavior. Some behavior is so harmful to the Complainant and/or the College community, or so deleterious to the educational process, that it may require more serious sanctions or interventions to benefit the College environment including, but not limited to, removal of the Respondent from specific courses or activities, suspension from the College, or expulsion. 4.9 Appeal. Complainant or Respondent may appeal the decision of the Title IX Coordinator to the College Disciplinary Panel. Written notice of Appeal shall be filed with the Title IX Coordinator within ten (10) days of the date of the Title IX Coordinator’s decision. The Notice of Appeal shall state with specificity why the Title IX Coordinator’s decision should not stand. Complainant or Respondent may seek review only on the following grounds: a. A material deviation from the procedures affected the outcome of the case; b. There is new and relevant information that was unavailable, with 29
reasonable diligence and effort, at the time of the investigation that could reasonably affect the investigation findings; c. The sanctions, interventions and/or remedies are inappropriate or disproportionate to the determined violation(s); or d. A review of all available and relevant information indicates that the evidence clearly does not support the finding(s) and provides firm and definite support for modifying the original finding(s). Upon receipt of a timely filed Notice of Appeal, the Title IX Coordinator shall inform the College Disciplinary Panel of the appeal and notify the Complainant (if participating) and Respondent of the date by which the appeal will be decided. The date by which the appeal will be decided may be adjourned for good cause. The College Disciplinary Panel shall be composed of a Vice President designated by the President or the Vice President’s designee, an academic dean or the Dean’s designee, and a faculty member appointed by the Macomb Community College Faculty Senate. The Disciplinary Panel’s decision should be made within ten (10) days of the date Notice of Appeal is filed with the Title IX Coordinator. These timelines are intended as guidelines and may be extended by the Disciplinary Panel if the circumstances of the case justify an extension. The College Disciplinary Panel will review the matter based on the issues identified in the request for appeal. The College Disciplinary Panel may affirm, modify or reverse the decision of the Title IX Coordinator, or remand the appeal to the Title IX Coordinator for additional investigation. The College Disciplinary Panel will issue its final and unreviewable decision and make it available to the Complainant (if participating), Respondent (if participating), Title IX Coordinator and Deputy Title IX Coordinator in writing, simultaneously. 4.10 Timelines. The College will strive to complete its investigation and the sanction/ remedy process, if applicable, and simultaneously share the results of that review with Complainant and Respondent within sixty (60) calendar days after the Title IX Coordinator receives a report of sexual misconduct. There are, however, factors beyond the control of the College that may affect the time needed to conduct a fair, reliable, impartial and prompt investigation of a report of sexual misconduct or retaliation including, but not limited to: • Availability and cooperation of Complainant (if participating), Respondent (if participating) and/or witnesses • Illness or injury of College employees conducting or participating in the investigation of the report or appeal • Weather or other Acts of God that result in the College being closed. The Title IX Coordinator may extend the time for completing the investigation for good cause. Any such extension shall not exceed thirty 30
(30) calendar days. If Complainant or Respondent appeals the Title IX Coordinator’s decision to the College Disciplinary Panel, the timelines are extended to accommodate the time necessary for appeal provided in Section 4.9.
5.0 Student Expectations and Rights. Certain student protections and expectations pertain to the process for resolving student sexual misconduct and retaliation allegations. Complainants and Respondents participating in this process may expect the following:
5.1 Respect for Privacy. Information regarding sexual misconduct and retaliation reports, and any investigation or review of those reports, including any sanction determinations, may be shared with College employees with a legitimate educational interest or with external individuals or entities on a need-toknow basis and only as permitted under College policy and applicable law. 5.2 Notice of Rights. Any student or employee who reports an incident of sexual misconduct, whether the incident occurred on or off campus, shall receive a written explanation of their rights and options as provided for under this policy. If a formal investigation is warranted, both the Complainant and Respondent shall be notified. 5.3 Participation in Process. Complainants, Respondents, Reporters or witnesses may choose to Complainants, Respondents, Reporters or witnesses may choose to participate or decline to participate in the investigation. However, even if a Complainant or Respondent declines to participate the College may continue to investigate the matter and issue findings based on available information.
5.4 Protection from Retaliation and Assurance of Fair Treatment. The College will take appropriate steps to ensure that a person who in good faith reports, complains about, or participates in a sexual misconduct investigation will not be subjected to retaliation by the Respondent or by others with knowledge of the underlying report. Anyone who believes they are experiencing retaliation is strongly encouraged to report that concern using the same procedure for reporting possible sexual misconduct under this policy. A retaliation concern will be reviewed as a separate offense under this policy; that is, a person can be found responsible for retaliation even if not found to be responsible for the underlying reported sexual misconduct. The College also will take appropriate steps to ensure that Respondents accused of sexual misconduct or retaliation is treated fairly throughout the College’s review. 31
5.5 Coordination with Legal Proceedings. Students may simultaneously engage criminal prosecution procedures and/ or civil litigation in connection with the same behavior that forms the basis of a sexual misconduct report under this policy. In such cases, the College is committed to appropriate coordination with the College Police Department and local law enforcement and may, if requested and appropriate, share information with those agencies. The College will fulfill its obligation to take immediate and appropriate action to investigate possible sexual misconduct even if there are other external processes or procedures pending in connection with that same sexual misconduct report. Similarly, if the College finds sexual misconduct has occurred, the College will take effective steps to end it, prevent its recurrence, and address its effects, and sanction the Respondent regardless of what external proceedings may also be pending. Standards for criminal investigations are different than the standards for a violation of this Policy, and therefore the College will not base its decisions under this policy solely on law enforcement reports and/or actions. Accordingly, the College will not normally wait for the conclusion of a criminal investigation or other proceedings before implementing its review of reported sexual misconduct under this policy. 5.6 Protection Orders. The College is committed to ensuring that orders of protection issued by courts are fully enforced on College property. Therefore, if a student or employee obtains a Personal Protection Order or Restraining Order, he or she should promptly inform the College Police Department and provide the College Police Department with a copy of that order, so that the College can enforce it. The College is also committed to protecting victims from any further harm, and if the College Police Department determines that an individual’s presence on campus poses a danger to one or more members of the College community, it can issue an institutional No Trespass letter barring that individual from College property.
6.0 Definitions. For purposes of this policy, the following terms have the definitions provided below. Complainant: An individual who reportedly experienced sexual misconduct, regardless of whether that individual participates in the disclosure or review of that report by the College at any point. Investigator: An appropriately trained individual, who may be a College employee, who reviews and investigates reports of sexual misconduct under this policy. Reporter: An individual who reports to the College a concern regarding possible sexual misconduct. A Reporter need not be a Complainant. Respondent: A College student or participant in a College Program, an 32
employee of Macomb Community College or an individual for whom the College is or may be responsible (e.g. independent contractors or vendors) who is reported to have engaged in sexual misconduct. This term also includes individuals whose identities are unknown if (a) there is reason to believe that individual may be a College student or participant in a College Program or (b) the Complainant or Reporter is a student. Sexual Misconduct: Sexual assault (including rape and acquaintance rape), domestic/dating violence, stalking and sexual harassment, if that conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the College’s educational program, i.e. creates a hostile environment. Sexual misconduct may occur between people of the same sex or between people of different sexes. Sexual misconduct can include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended. Sexual misconduct can also include retaliation in connection with a Complainant’s or Reporter’s allegations under this policy. Sexual misconduct includes the following: Sexual Assault: Criminal Sexual Conduct as defined in the Michigan Penal Code. Criminal Sexual Conduct includes sexual penetration or sexual contact by the actor with another person by force or coercion or under circumstances where the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. Sexual penetration: Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required. Sexual contact: The intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger. Mentally disabled: A person that has a mental illness, is intellectually disabled, or has a developmental disability. Mentally incapable: A person that suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. Mentally incapacitated: A person rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. Physically helpless: A person that is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an 33
act. Force or coercion: Includes but is not limited to: • When the actor overcomes the victim through the actual application of physical force or physical violence. • When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats. • When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion. • When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable. • When the actor, through concealment or by the element of surprise, is able to overcome the victim. Consent: a willing, non-coerced act of sexual contact or sexual penetration between persons of sufficient age who are not mentally incapable, mentally incapacitated, nor physically helpless. Acquaintance Rape: Sexual assault on a person by an actor known to the person assaulted. Domestic/Dating Violence: An assault or assault and battery upon a spouse or former spouse, an individual with whom a person has or has had a dating relationship, an individual with whom a person has had a child in common, or a resident or former resident of a person’s household. Assault: An attempted battery or an unlawful act which places another in reasonable apprehension of receiving an immediate battery. Battery: An intentional, unconsented and harmful or offensive touching of the person of another. Dating relationship: Frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. Stalking: A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Victim: An individual who is the target of a willful course of conduct involving repeated or continuing harassment. Course of conduct: A pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose. 34
Harassment: Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. Emotional distress: Significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling. Unconsented contact: Any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: • Following or appearing within the sight of that individual. • Approaching or confronting that individual in a public place or on private property. • Appearing at that individual’s workplace or residence. • Entering onto or remaining on property owned, leased, or occupied by that individual. • Contacting that individual by telephone. • Sending mail or electronic communications to that individual. • Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual. Sexual Harassment: Unlawful Harassment as defined in the College’s Unlawful Harassment Policy. Advisor: An individual chosen by a Complainant or Respondent to provide advice at in-person meetings with College employees reviewing a report of possible sexual misconduct under this policy. The person chosen as Advisor shall not be the Complainant, Respondent, a witness, or Reporter with respect to the report under review, and shall not speak on behalf of the person they are advising. Title IX: Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment, sexual assault, and retaliation in education programs that receive federal financial assistance. Title IX Coordinator: The College official charged with ensuring the College’s overall compliance with Title IX and related College policy. College Program: A College-sponsored activity that primarily includes elementary, secondary, or postsecondary student participants.
7.0 Awareness and Prevention Programs. The College provides primary prevention and awareness programs for student’s registering for classes for the first time and for all new employees in order to 35
promote the prevention and awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. The College also offers ongoing prevention and awareness campaigns for students and College employees. 8.0 Resources.
Macomb County Turning Point, Inc. 586.463.4430 586.463.1771 (fax) Macomb County Crisis Center 586.307.9100 Oakland County HAVEN 248.334.1274 877.922.1274 (toll-free) 248.334.1290 TTY
Common Ground Sanctuary 24-hour crisis hotline 248.456.0909 800.231.1127 YWCA Interim House 313.861.5300
National Domestic Violence Helpline 800.799.SAFE (toll-free) 800.787.3224 TTY (toll-free) National Sexual Assault Hotline 800.656.HOPE (4673)
Child Abuse/Neglect Macomb: 877.412.6109 (toll-free) Oakland: 866.975.5010 (toll-free) Wayne: 800.716.2234
Vulnerable Adult Abuse/Neglect Macomb: 877.412.6109 (toll-free) Oakland: 866.975.5010 (toll-free) Wayne: 800.716.2234 A person who believes a violation has occurred may also file a complaint with the Michigan Department of Civil Rights, 110 West Michigan Avenue, Suite 800, Lansing, Michigan 48913, or with the Office of Civil Rights, U.S. Department of Education, 1350 Euclid Avenue, Suite 325, Cleveland, Ohio 44115. (3/2016)
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Student Discipline
The following principles and procedures shall govern cases in which a student is alleged to have violated the College Rules and Regulations as approved by the Board of Trustees. I. Procedural Due Process Procedural due process appropriate to the specific case must be followed prior to the imposition of discipline for violation of the College Rules and Regulations. Some elements of due process, such as timely and specific notice of charges, are almost always appropriate regardless of the gravity of the violation alleged. Other elements, such as a written transcript to the hearing or representation by a lawyer, are only appropriate in cases where the discipline is severe (dismissal from the College and criminal charges, for example). Prior to the hearing, the student shall be informed of the elements of due process to be followed in the case. Among the elements of due process that may be provided are: A. Timely and specific notice of the charges B. Right to a hearing before the Dean of Student Success C. Right to appeal the decision of the Dean of Student Success to the College Disciplinary Panel D. Right to present evidence on the student’s behalf E. Right to rebut adverse testimony F. Right to a written transcript of the hearing G. Right to representation by a lawyer Other procedural safeguards may be followed as required by the circumstances. II. Burden and Standard of Proof The burden shall be on the College to show by a preponderance of the evidence that the student violated the College Rules and Regulations.
III. Status of Student Pending Hearing A student’s status shall not be changed prior to hearing unless there is reasonable cause to believe that the student’s status (for example, his or her continued presence in the classroom or on campus) poses a danger to persons or property or will disrupt the educational process. The decision to alter a student’s status pending hearing will be made by the Dean of Student Success or his/her designee.
IV. Forms of Discipline Disciplinary action must be proportionate to the violation and, depending on the nature of the violation, may take the form of a reprimand, restrictions on activities or privileges, restitution, denial of honors, certificate or degree, probation, temporary or permanent suspension from a class or program, 37
dismissal from the College or other measures appropriate under the circumstances of the case.
V. Procedures for Classroom Misconduct The following procedures shall govern cases wherein violation of any rule or regulation regarding classroom conduct is alleged. Immediate Removal From Class. If misconduct warrants an immediate removal from the class for the remainder of the class period, the teacher may do so without a prior hearing. College Police Officers shall remove the student from the classroom upon oral request by the teacher. The teacher shall provide written certification that the student has violated “College Rules and Regulations” and has refused to leave the classroom as soon as practicable upon request. Additional or Different Discipline. If a teacher believes misconduct warrants additional or different discipline, the teacher may consult with the Dean of Student Success or his/her designee who may elect to: • Take no action; —OR— • Change the student’s status pending a meeting with the student; AND • Notify the student in a timely fashion of his/her change of status, the specific charges and the due process to be afforded under the circumstances; AND do one of the following: • Meet with the student and contact the teacher and other appropriate persons to explore and adopt non-disciplinary solutions, including the establishment of guidelines for returning the student into class; —OR— • Meet with the student and contact the teacher and other persons appropriate to the case, make a written determination of the facts, take disciplinary action if such action is warranted and notify the student of his/her decision and the right to appeal to the College Disciplinary Panel.
VI. Procedures for Other Misconduct Violations of any rule or regulation, except those regarding classroom conduct, may be reported to the Dean of Student Success, who may elect to: Take no action; —OR— • Change the student’s status, if appropriate, pending a meeting with the student; AND • Notify the student in a timely fashion of any change of his/her status, the specific charges and the due process to be afforded under the circumstances; AND do one of the following: • Meet with the student and contact other appropriate persons to explore and adopt non-disciplinary solutions; —OR— 38
• Meet with the student and contact other persons appropriate to the case, make a written determination of the facts, take disciplinary action if such action is warranted and notify the student of his/her decision and the right to appeal to the College Disciplinary Panel.
VII. Appeal The student, teacher or charging party may appeal the decision of the Dean of Student Success to the College Disciplinary Panel. Written Notice of Appeal shall be filed with the Dean of Student Success. The Notice of Appeal shall state with specificity why the Dean’s decision should not stand. Upon receipt of a timely filed Notice of Appeal, the Dean of Student Success shall schedule the appeal for hearing before the College Disciplinary Panel and notify the student of the date, time and place of the hearing and of the due process to be afforded in the appellate process. The hearing may be adjourned at the request of any party for good cause. The College Disciplinary Panel may affirm, modify or reverse the decision of the Dean of Student Success. The decision of the College Disciplinary Panel shall be final. VIII. College Disciplinary Panel The College Disciplinary Panel shall be composed of a Vice President designated by the President or the Vice President’s designee, an Academic Dean or the Dean’s designee and a faculty member appointed by the Macomb Community College Faculty Senate.
IX. Timelines Disciplinary action, if any, should be imposed within 30 days of the date the student receives notice of the charge(s); notice of appeal should be filed with the Dean of Student Success within 20 days of the date disciplinary action is imposed; and the final decision of the Disciplinary Panel should be made within 30 days of the date Notice of Appeal is filed with the Dean of Student Success. These timelines are intended as guidelines and may be extended by the Disciplinary Panel if the circumstances of the case justify an extension. (6/2002)
College Police Authority
In accordance with the Community College Act of 1966, as amended, being Michigan Compiled Laws Chapter 389, et seq, the Board of Trustees of the Community College District of the County of Macomb hereby grants to its Campus Police Officers the powers and authority of peace or law enforcement officers under the code of criminal procedure, 1927 P A 175, MCL 761.1 to 776.22 and as provided under the Michigan Vehicle Code, 1947 P A 300, MCL 257.1 to 257.923. There is hereby established a public safety advisory committee which shall be composed of two (2) members of the College faculty and two (2) members of the staff of the College. The President shall select the members 39
of staff who shall serve on the public safety advisory committee, and in consultation with the Macomb Community College Faculty Organization, the President shall select the faculty members who shall serve on the public safety advisory committee. The public safety advisory committee shall receive and address grievances by persons against College Police Officers or the Campus Police Department and may recommend to the Director of Public Safety that disciplinary measures be taken against a Police Officer who is found responsible for misconduct in office. (12/2011)
Acceptable Use of Information Technology Resources I. Purpose This policy is designed to guide students, faculty and staff in the acceptable use of computer systems, networks and other information technology resources at Macomb Community College. II. Guiding Principles
A. Non-public Forum. Information technology (IT) at Macomb Community College is a non-public forum. The College reserves the right to restrict access to and the use of information technology resources in a manner consistent with federal and state law. B. Creativity Encouraged. The College community is encouraged to make innovative and creative use of information technologies in support of educational, scholarly and administrative purposes. C. Copyrighted Materials. Macomb Community College recognizes the importance of copyright and other protections afforded to the creators of intellectual property. Users are responsible for making use of software and other information technology resources in accordance with copyright and licensing restrictions and applicable College policies. Using information technology resources in a manner violating these protections, or furthering the unauthorized use or sale of protected intellectual property, is prohibited. D. Offensive Material. Macomb Community College cannot protect individuals against the receipt of potentially offensive material. Those who use electronic communications occasionally may receive material that they might find offensive. Those who make personal information available about themselves through the Internet or other electronic media may expose themselves to potential invasions of privacy. 40
E. Use IT Wisely. Information technology resources are provided to support the College’s scholarly, educational and administrative activities. Information technology resources are limited, and should be used wisely and with consideration for the rights and needs of others. F. Privilege, Not a Right. The use of Macomb Community College computer systems, networks and other information technology resources is a privilege, not a right, and inappropriate use of such resources may result in suspension or termination of privileges and/or other discipline. III. User Responsibilities
A. Protect your Password. Users are expected to use computer and network resources in a responsible manner. Users should take appropriate precautions to ensure the security of their passwords and prevent others from obtaining access to their computer resources. Convenience of file or printer sharing is not a sufficient reason for sharing computer accounts and passwords. B. Prohibited Practices. The following behaviors are prohibited while using College information technology resources, including computers and networks owned or operated by Macomb Community College or to which Macomb Community College is connected.
1. Modifying system or network facilities, or attempting to crash systems or networks;
2. Using, duplicating or transmitting copyrighted material without first obtaining the owner’s permission, in any way that may reasonably be expected to constitute an infringement, or that exceeds the scope of a license, or violates other contracts; 3. Tampering with software protections or restrictions placed on computer applications or files; 4. Using College information technology resources for personal for-profit purposes; 5. Impersonating another user or otherwise falsifying a user name in email; 6. Degrading or disrupting the network, hindering access to the network or otherwise excessively using resources in a manner which effectively denies service to other users; 7. Sending chain letters, junk mail, “spam,” “flaming,” “mailbombs” or other similar types of broadcast messages; 8. Sending a message to more than ten (10) internal or external email addresses except as required to conduct College business; 41
9. Using information technology resources in a manner that is disruptive of the workplace or educational purpose of the College or which otherwise hinders the effectiveness of the institution; 10. Using information technology resources to access, store or transmit pornographic material unless such use is approved and for legitimate academic purposes; 11. Sending messages that are malicious or that a reasonable person would find to be harassing or threatening; 12. Subverting restrictions associated with computer accounts; 13. Using information technology resources to obtain unauthorized access to records, data or other forms of information owned, used, possessed by or pertaining to the College or individuals; 14. Accessing another person’s computer account without permission. Users may not supply false or misleading data, or improperly obtain another’s password to gain access to computers or network systems, data or information. Obtaining access to an account name or password through the negligence or oversight of another is considered to be a specifically prohibited use; 15. Intentionally introducing computer viruses, worms, Trojan Horses or other rogue programs into information technology resources that belong to, are licensed to, or are leased by Macomb Community College or others; 16. Physically damaging information technology resources; 17. To help prevent copyright violations, minimize the risk to college PCs and network from malware such as spyware, viruses, adware or other privacy-invasive software and to protect against excessive bandwidth use, the use of Peer-to-Peer (P2P) file-sharing software, including, but not limited to, Kazaa, Morpheus, Direct Connect, LimeWire, Gnutella, Bearshare, eDonkey and BitTorrent, is prohibited on any device using the College network. The appropriate vice president or provost may grant an exception to the policy upon a showing of a legitimate academic or College business purpose in compliance with United States copyright law, with appropriate review by general counsel; 18. Using, or encouraging others to use, information technology resources in any manner that would violate this or other College policies or any applicable state or federal law; 19. Falsely reporting or accusing another of conduct that violates this policy, without a good faith basis for such an accusation; 20. Copying student and/or confidential College data, SSNs, credit card numbers or similar sensitive information to a portable mass storage device (i.e. thumb/jump/flash drive, portable hard drive, “SD” card, MP3 player, CD or DVD). 42
21. Using personal email accounts for official College business. Faculty and staff must use their College-issued email account for all Collegerelated correspondence.
C. College Image. Users should remember that information distributed through the College’s information technology resources may be considered a form of publication. Although Macomb Community College does not take responsibility for material issued by individuals, users must recognize that third parties may perceive anything generated at Macomb Community College as in some manner having been produced under Macomb Community College auspices. Accordingly, users are reminded to exercise appropriate language, behavior and style in their use of information technology resources. IV. Policy Administration
A. College Access to Your Files. The College encourages all members of its community to use electronic resources in a manner that is respectful of others. While respecting users’ privacy to the fullest extent possible, the College reserves the right to examine any computer files. The College reserves this right for bona fide purposes, including, but not limited to: 1. enforcing policies against harassment and threats to the safety of individuals; 2. protecting against or limiting damage to College information technology resources; 3. complying with a court order, subpoena or other legally enforceable discovery request; 4. investigating and preventing the posting of proprietary software or electronic copies of texts, data, media or images in disregard of copyright, licenses, or other contractual or legal obligations or in violation of law; 5. safeguarding the integrity of computers, networks, hardware, software and data; 6. preserving information and data; 7. upgrading or maintaining information technology resources; 8. cooperating with law enforcement authorities in reporting and investigating suspected criminal activity.
B. Terminating Your Use of IT Resources. The College may suspend or terminate the use of its computers and network systems when presented with evidence of a user’s violation of College policies, or federal or state laws, or when it is necessary to do so to protect the College against potential legal liability. The College 43
reserves the right to limit access to its information technology resources and to remove or limit access to material stored on College information technology resources. C. Disciplinary Action. All users are expected to conduct themselves consistent with these responsibilities. Abuse of IT resource privileges may subject the user to disciplinary action as established by applicable College policies and/or collective bargaining agreements. D. Bound by Public Law. The College and users must recognize that all members of the College community are bound by federal and state laws pertaining to civil rights, harassment, copyright, security and other statutes governing use of electronic media. This policy does not preclude enforcement under such laws. V. Reporting Violations A. Allegations of student conduct that is believed to violate this Acceptable Use policy should be reported in writing to the Dean of Students. Allegations of faculty or staff conduct that is believed to violate this Acceptable Use Policy should be reported in writing to the Vice President for Human Resources. To ensure the fairness of any proceedings that may follow a reported violation, the individual filing the report should not discuss or provide copies of the allegations to others. (5/2014)
Social Media Policy I. Policy Statement The use of social media websites is increasingly common for Macomb Community College (“College”) departments, students and employees and these communications tools have the potential to create a significant impact on organizational, professional and personal reputations. In response to those concerns, the College has developed this Policy and Social Media Unit Guidelines and Directives (“Guidelines”) to assure that all College entities, including student organizations and groups, properly portray, promote and protect the institution and to assist College entities in creating and managing their social media accounts. The Policy and Guidelines will assure that: • Officially recognized College social media accounts and web pages are reviewed and approved in advance through an application process. • Each social media account will have responsible administrators assigned. • Each officially approved account includes a disclaimer statement, in the prescribed form, regarding content and opinions contained on the site. 44
• Prohibited content is removed by College employees identified as account administrators or at the direction of College Advancement and Community Relations.
II. Application of Policy This Policy and Guidelines will apply to social media accounts created by College employees for the official business purposes of the College, including College employees, groups, departments, programs, entities, student organizations and to the users of such accounts. Media covered by this policy include Facebook, Twitter, LinkedIn, Flickr and YouTube. Student organizations that wish to create social media accounts that will be officially recognized by the College must be registered through the Marketing & Communications Department.
III. Exemptions This policy will apply only to social media accounts created by the College, including College groups, departments, programs, entities, etc., and will not apply to private social media accounts. IV. Content Regulations 1. College employees must adhere to the same standards of conduct online as they would in the workplace. Laws and policies respecting contracting and conflicts of interest, as well as applicable policies and guidelines for interacting with students, parents, alumni, donors, media and other College constituents apply online and in the social media context just as they do in personal interactions. Employees are fully responsible for what they post to social media sites. 2. A user shall not represent or lead another to believe that the user’s personal opinions are endorsed by the College or any of its organizations and the use of the College’s name or marks in connection with the expression of personal opinions is prohibited. 3. Content on college sites that: (a) violates copyright law; (b) is defamatory, obscene or threatening; (c) constitutes stalking or unlawful harassment; (d) violates federal, state or local law, or (e) violates College policy, including the Acceptable Use of Information Technology Resources Policy or the Unlawful Harassment Policy, is expressly prohibited. 4. When using or posting online material that includes direct or paraphrased quotes, thoughts, ideas, photos or videos, always include citations. Provide a link to the original material if applicable. 5. Content shall not disclose confidential information concerning current or former College employees or students. 6. Content shall not include proprietary information of the College. 7. Content on college sites shall not support or advocate for or against any political issue, cause, party or candidate. 45
8. Content on college sites shall not market, advertise, promote, endorse or sell any personal business, product, service or benefit. 9. Any substantive error shall be transparently corrected as soon as possible after the error has been recognized. 10. Administrators may contact the College’s Marketing & Communications Department or the Office of General Counsel at any time for consultation.
V. Violations of Policy The College shall have the right to review content posted to any site maintained in the name of the College and may remove or cause the removal of any content that violates the Policy or Guidelines, or federal, state or local laws. The College may block posts of users that violate this Policy or Guidelines, or restrict or deny a violator’s access to College sites. College students or employees who violate this Policy or Guidelines may also be subject to additional College discipline. (12/2014)
Violence Prevention I. Violence and Threats of Violence Prohibited Macomb Community College will not tolerate violence or threats of violence on campus. Unless privileged by law, any person who intentionally injures or threatens to injure another person on campus, or intentionally engages in a course of conduct which would cause a reasonable person to fear for his/her personal safety on campus and in fact causes a person to fear for his/her safety on campus, shall be subject to discipline, prosecution, civil commitment and other appropriate action. This policy of zero tolerance extends to threats of injury and threatening courses of conduct made or occurring 1) off campus if there is reason to believe that violence may occur on campus, or 2) in jest if a reasonable person would apprehend the threat or course of conduct as serious and the person who is the subject of the threat or course of conduct believes it to be serious.
II. Reporting of Violations and Protective Court Orders All employees of the College who are subjected to or witness violent acts or threats of violent acts in violation of this policy are required to report them to the College by immediately contacting the College Police. All other persons who are subjected to or witness violent acts or threats of violent acts in violation of this policy are encouraged to report them to the College by immediately contacting the College Police. Persons entering a campus who are protected by court order from violence, threats of violence, stalking, harassment or other interference from another person must provide a copy of the order to the College Police as soon as practicable upon issuance of the order. 46
III. Response to Violations The College Police shall respond to all violations of this policy in accordance with its procedures. As soon as practicable after receipt of a report of violation, the Department shall convene a meeting of the ad hoc threat response team to assess the report and take appropriate action. The ad hoc threat response team shall consist of representatives of the College Police, the Office of Human Resources, the Dean of Student Success if a student is alleged to have violated this policy, the labor organization representing the bargaining unit of an employee alleged to have violated this policy, and other persons appropriate to the circumstances. (5/1997)
Student Concern and Complaint Procedure
If a student has concerns which merit discussion with a teacher or another college staff member, the student is encouraged to express his/her concern with the appropriate person, whether it be a teacher or staff member if this can be comfortably done. If not, the student should contact the supervisor of that individual to discuss the concern and seek appropriate resolution. A student may initiate a complaint against a teacher if a student believes that the teacher has engaged in misconduct while performing duties or has failed to perform duties. The complaint process involves the following steps:
1. The student may direct the complaint to the Associate Dean or Dean in the appropriate academic area for informal resolution. Alternatively, the student may submit the complaint to the Dean in writing. This notification must specify the reasons for the complaint and be signed and dated. 2. The Dean in the academic area, Associate Dean in the academic area or the Dean of Student Success will investigate the complaint. 3. As part of the investigation, the student may be called upon to personally discuss the complaint in the presence of one of the Deans or a designee and/or the teacher against whom the complaint is lodged. 4. One of the Deans or a designee will decide whether action should be taken based upon the facts determined in the investigation. Questions regarding the complaint procedure may be directed to the Associate Dean or Dean of the teacher’s department. Students may also contact the Dean of Student Success for assistance with this procedure. (11/2012)
Student Registration
Macomb Community College encourages students who are near to completing their graduation requirements to do so. The College also strives to provide an efficient registration system that allows students to successfully register for classes during published registration times. Therefore the College follows a 47
priority registration procedure which allows students to register based on an assigned schedule in order to achieve these two objectives. Assigned registration times are determined using the following criteria: • The credit hours earned at Macomb by the end of the previous term (excluding transfer credits) determine the assigned registration time. • Registration times are assigned based upon the highest number credit hours completed to the lowest. • In instances when students have completed the same number of credit hours, the order in which the student’s initial admission application was received is used to assign the registration time. To qualify for priority registration: • Current students must have been in attendance at Macomb within the last two years or have submitted a Student Update Form by the deadline. • New students must have submitted an Application for Admission by the published deadline for that term. Students who qualify for Priority Registration will have a message appear in the upper left corner of the student’s My Macomb Home Page above the WebAdvisor menu two weeks prior to their priority registration date/ time. If no date/time appears, the student will be able to register on the open registration date for the registration term. Students will be able to register for classes beginning with their assigned registration time through the end of the registration period. Special Conditions The following cohorts of students are provided the opportunity to register on the first day of priority registration regardless of number of credit hours earned: • Students enrolled in the Early College of Macomb program • Veterans using Veteran Administration Benefits Implementation of this policy, including its promotion, technology support and related guidelines, shall be the joint responsibility of the Learning Unit, College Advancement and Community Relations, Student Services and Business Office. (6/2014)
Tuition and Course Fee Refund Policy
It shall be the College policy to refund tuition and course fees according to the following, except where superseded by law, to a student who properly withdraws from a class. REFUND A student who properly withdraws from a class before midnight EST of the 7th calendar day from the start of the class shall be entitled to a 100% tuition and course fee refund. Refunds do not include registration or student 48
service fees. The first scheduled day of class is the first calendar day for purposes of this policy. For example, if a class starts on Monday, the following Sunday would be the 7th calendar day. A student who withdraws from a class after the close of the 7th calendar day shall receive no refund. For classes that meet for less than two (2) weeks, a 100% refund is permitted only if the student withdraws by midnight EST of the first day of class. In order to properly withdraw from a class, the student is responsible for initiating the class withdrawal on WebAdvisor or in person at the Enrollment Office. Non-payment or non-attendance does not constitute proper withdrawals and students will be held financially responsible.
CLASSES CANCELED BY COLLEGE ADMINISTRATIVE ACTION In the event a class is canceled as a result of College administrative action, students in such class will receive 100% tuition and course fee refund. If the administratively canceled class is the only class taken by the student, the registration and student service fee will also be refunded. SPECIAL CIRCUMSTANCES Students who must withdraw from a class after the 7th calendar day as a result of military deployment shall receive a 100 percent refund of tuition, course fees and registration fee or equivalent credit voucher upon presentation of documentation satisfactory to the College. Students who must withdraw from a class after the 7th calendar day due to hospitalization, injury, prolonged illness, mandatory shift change at student’s place of full-time employment (does not include mandatory overtime) or mandatory move of employment which necessitates a change of residency (does not include new employer) may receive a 100% refund of tuition, course fees and registration fee in the form of a credit voucher upon presentation of documentation satisfactory to the College. However, if the student is receiving financial aid, a refund may not be issued due to Federal regulatory requirements. Requests for a refund due to special circumstances must be submitted in writing to the Director of Enrollment Services/Registrar no later than the last day of the semester of the class involved. (1/2012)
Satisfactory Academic Progress for Continuation of Financial Aid
Based on Federal regulations, a financial aid recipient is required to meet satisfactory academic progress as established by Macomb Community College. This policy is separate from the College’s general probation policy. Satisfactory academic progress status is calculated at the end of each semester in the academic year: Fall, Winter, and Spring/Summer. However, for first time financial aid applicants with credits already accumulated at Macomb Community College, satisfactory academic progress status is initially calculated when FAFSA (Free 49
Application for Federal Student Aid) results are received and then at the end of each semester thereafter. Students must comply with both of the following policies: MAINTAIN SATISFACTORY ACADEMIC PROGRESS Maintain a cumulative 2.0 or higher grade point average (GPA) and maintain a cumulative completion rate of at least 67%. The student must maintain a cumulative 2.0 or higher grade point average (GPA) at the end of each semester. In addition, the student must complete, with a passing grade, at least 67% of all credit hours attempted, whether or not financial aid was received for those attempted credits. NOT EXCEED MAXIMUM CREDITS Not exceed 150% of the maximum credits required for the student’s program. The maximum time frame for a student to complete his/her academic program cannot exceed 150% of the published length of the program. See examples below: PROGRAM REQUIREMENT
MAXIMUM ATTEMPTED CREDITS ALLOWED
62 credit hours
93 (62x1.50=93)
68 credit hours
102 (68x1.50=102)
75 credit hours
113 (75x1.50=113)
The student should review the Macomb Community College catalog or consult with an academic advisor/counselor to find the number of credits required for his/ her program; multiply that number by 1.50 to determine the maximum number of credits he/she can attempt to receive financial aid. The student will be denied financial aid when he/she has attempted more than 150% of the credit hours required for his/her program. ATTEMPTED CREDIT HOURS Attempted Credit Hours include the following, regardless of the method of payment or source of funds used to pay for the class: • Classes with an earned letter grade of A, A-, B+, B, B-, C+, C, C-, D+, D, D-, E, P or F • Classes with an unearned letter grade of E, W (withdrawal) or I (incomplete) • Repeated classes • Classes transferred from other colleges or universities Note: The student cannot receive financial aid for audited classes and these credits are not included in attempted hours.
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SUMMARY OF SATISFACTORY ACADEMIC STATUSES
WARNING A student who fails to maintain satisfactory academic progress will be placed on warning for the next semester he/she enrolls for classes. This is a warning to the student that he/she must meet the College’s satisfactory progress standards (2.0 cumulative GPA and a cumulative completion rate of at least 67%) during the next semester of enrollment. If the student meets the standards, he/she will be placed at a satisfactory status the next time the satisfactory academic progress calculations are processed. UNSATISFACTORY A student who fails to meet the College’s satisfactory academic progress standards by the end of the warning period will be placed in an unsatisfactory status and will be denied aid until he/she meets the reinstatement requirements. This means the student must pay for classes at Macomb at his/her own expense until he/she meets the reinstatement requirements. A student with extenuating circumstances should review the appeal procedures below.
REINSTATEMENT The student’s financial aid eligibility can be reinstated after the student meets the College’s satisfactory academic progress standards (2.0 cumulative GPA and a cumulative completion rate of at least 67%). The student may not be reinstated more than two times at Macomb Community College. Failure to maintain satisfactory academic progress during the second reinstatement will result in termination of financial aid.
TERMINATION Termination means the student has failed to meet the College’s satisfactory academic progress standards by not adhering to the student’s academic plan for the specified period of time. Students may not appeal a terminated status; however, eligibility for financial aid can be reconsidered after the student meets the College’s satisfactory academic progress standards (2.0 cumulative grade point average and a cumulative completion rate of at least 67%). It is the student’s responsibility to contact the Financial Aid Office if he/she meets the satisfactory academic progress standards after Termination. MAXIMUM CREDITS A student who has attempted more than 150% of the credit hours required for his/her program will have a maximum credits status. Classes taken at other institutions and credits transferred into Macomb are counted as attempted.
APPEAL PROCESS A student who does not meet the College’s Satisfactory Academic Progress Policy may appeal by completing and submitting one of the following: • Satisfactory Academic Progress Appeal Form for students who failed 51
to maintain satisfactory academic progress due to an extenuating circumstance* AND can return to satisfactory status by the end of the semester for which the appeal is being considered. • Maximum Credit Hours Appeal Form for students who have exceeded 150% of their program Appeal forms can be found at my.macomb.edu/financialaid or in the Financial Aid Office. The satisfactory academic progress committee reviews each appeal on a case-by-case basis. Deadline dates to submit appeals are scheduled each semester. Students can review the deadline dates at my.macomb.edu/ financialaid, contact the Financial Aid Office at
[email protected], or call 586.445.7999. Submission of an appeal does not guarantee reinstatement of financial aid eligibility. If an appeal is approved, the committee may impose enrollment restrictions on the student for the best chance of academic success. Also, the student may be required to follow an academic plan, developed with the assistance of an academic advisor/counselor, to continue to receive aid. *Examples of Extenuating Circumstances for the Satisfactory Academic Progress Appeal • Death of an immediate family member (must include the relationship of family member to the student, copy of death certificate) • Documented hospitalization or illness (must include dates and health care provider’s opinion as to readiness to return to school on official letterhead) • Major accident or illness (self, child or parent) • Victim of a crime or unexpected disaster (must include copy of police report, letter from psychologist, etc.) PROBATION A student will be placed on probation status if an appeal has been approved. This status will continue until the end of the appeal approval period provided the requirements put forth by the committee are met. (11/2015)
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Grading, Reports and Symbols Grading System The College grading system is as follows: GRADE
HONOR POINT VALUE
INTERPRETATION
A
4.0
Excellent
A-
3.7
B+
3.3
B
3.0
B-
2.7
C+
2.3
C
2.0
C-
1.7
D+
1.3
D
1.0
D-
0.7
E
0
Good
Fair
Passing Fail-No Credit
P/F
Pass/Fail
(NOTE: Grading scale expanded to include plus/minus Fall 2004) Pass/Fail A Pass/Fail grade may be given for a specific course based on the recommendation of the faculty in the discipline, a supporting rationale, and with the approval of the Provost. Grading Symbols In addition to the grading system, the following symbols may appear on a student Grade Report. AD
Audit–No Credit
NR
Grade Not Reported
I
Incomplete
CIP
Course in Progress
NS
No Show
R
Repeat
W
Withdrawal–No Credit
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Withdrawal from Class The ‘W’ grade may only be given to students who officially withdraw from class and properly complete a Class Withdrawal Form. Students who officially withdraw during the first three-quarters (3/4) of a class/term shall receive a ‘W’ symbol for that semester. Students may not officially withdraw during the last quarter (1/4) of a class/term, and will be given an A, B, C, D, E, or I grade.
Failure to Attend Class Students who do not attend an onground or online class by the end of the third week of class (for sections running four (4) weeks or more) or by the end of the third day of class (for sections running three (3) weeks or less) are considered a “no show” and will receive a grade of NS—No Show. For students enrolled in an online class attendance must include meaningful interaction in the class beyond just signing in or sending an email to the instructor. Examples of meaningful interactions include, but are not limited to: • Responding to a discussion question • Taking a quiz • Completing an assignment • Participating in group work • A response to an activity within the online class Receiving an NS Grade will impact students receiving the following funds/ benefits: Financial Aid and NS Grade Students receiving an NS symbol will be required to repay the portion of financial aid applicable to the class(es) not attended. The student will receive an invoice for repayment. Failure to repay any State/Institutional debt will result in referral of the student’s debt to the College’s collection agency. Federal Veteran’s Benefits and NS Grade Students receiving an NS symbol will be reported to the Veteran’s Administration (VA) Office. The VA Office will contact the student regarding possible repayment of funds for which the student was not entitled.
F1 International Status and NS Grade Students receiving an NS symbol will be reported to the U. S. Department of Homeland Security for violation of immigration policies. The student may be contacted by this office regarding possible sanctions for nonattendance.
Grade Point Average The ‘AD’, ‘NR’, ‘I’, ‘CIP’, ‘NS’, ‘R’, and ‘W’ are not counted in 54
determining a student’s grade point average (GPA). When a course is repeated the Academic Renewal and Course Repeat Policy shall apply. An “I” (incomplete) grade is reserved for situations when a student needs to complete, at most, one-fourth of the work for the term. If the student is unable to complete the term, an “I” (incomplete) grade may be recorded. The student and instructor will complete a faculty/student contract form outlining the necessary requirements needed to complete the class. Once the student completes the necessary requirements for the class, a Change of Grade form and a copy of the faculty/student contract must be submitted for the student to receive a grade greater than an “E.” For those “I” (incomplete) grades that are not changed by the end of the following term, the “I” (incomplete) grade will default to an “E.”
Course Audit The purpose of permitting a student to Audit a class is to make available to any student the opportunity to take a class without being required to complete any of the assigned work. An auditing student must register and pay tuition and fees in the same manner as a student taking the class for credit.
Credit by Examination/Portfolio Credit may be granted to a student who demonstrates by examination and/or portfolio that they are proficient in a subject. The examinations used shall be appropriate standardized commercial examinations or standardized collegeprepared examinations. (3/2016)
Grade Complaint Procedure
If a student believes a faculty member has issued a final grade in violation of the faculty member’s published grading standards or practices, the student must do the following: Step one—Student meets with the faculty member. Step two—Student meets with the appropriate Associate Dean or Dean of the teacher’s department if the problem is not resolved in step one. Step three—If the student has not been able to resolve the issue in one of the above steps, the student may appeal the grade by submitting the Academic Standards Committee Student Petition Form to the Associate Dean or Dean. The form must specify how the published grading standards or practices have been violated and be signed and dated. The student must initiate the grade review process and file the petition (and attach all necessary paperwork) with the Associate Dean on or before the following deadlines: • March 1 for the previous Fall Semester • July 1 for the previous Winter Semester • October 1 for the previous Spring/Summer Semesters 55
Again, the appeal form can only be sent to the College Standards Committee after completing steps one and two. Questions regarding the appeal process may be directed to the Associate Dean or Director of the teacher’s department. (5/2013)
Confidentiality of Student Records Policy I. Introduction Macomb Community College recognizes the importance of maintaining records for each individual student which present authentic evidence of the events and actions, which both contribute to and confirm the student’s educational progress and which facilitate the intelligent and purposeful direction necessary to the achievement of the educational goals of the student in a college setting. State and federal laws govern the release and disclosure of student records maintained by the College. It is the purpose of these guidelines to provide reasonable interpretations of the laws as presently stated and to protect the student’s right of privacy. These guidelines have a two-fold purpose. A. To protect a student’s right to the privacy of information the College has concerning the student, and B. To provide guidelines for release or disclosure of such information within the meaning of federal and state law, and as may be necessary for the effective functioning of the College.
II. Notification to Students of Rights Under the Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA) affords students certain rights related to their educational records. They are:
A. The right to inspect and review the education records within 45 days of the day the College receives a request for access. The student must submit to the Director of Enrollment Services/Registrar a written request that identifies the record(s) to be inspected. The College will make arrangements for access and notify the student of the time and place where the record(s) may be inspected. If the College official to whom the request was submitted does not maintain the record(s), that official shall advise the student of the correct official to whom the request should be addressed. B. The right to request an amendment to the student’s education record(s) the student believes is inaccurate or misleading. The student may ask the College to amend a record believed to be inaccurate or misleading. The student should write the College official responsible for the record, clearly identifying the part of the record to be changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of the right to a hearing regarding the 56
request for amendment. Additional information regarding the hearing procedures is outlined below under Section VII, Requests to Amend an Educational Record-Hearing Procedures, and will be provided to the student when notified of the right to a hearing. C. The right to consent to disclosures of personally identifiable information contained in the student’s education record, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or support staff position (including law enforcement unit and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill her/ his professional responsibility. Upon request, the College discloses education records without consent to officials of another school to facilitate the student’s transfer and enrollment. D. The right to file a complaint with the United States Department of Education concerning alleged failures by Macomb Community College to comply with the requirements of FERPA. The complaint can be sent to the following office that administers FERPA: Family Policy Compliance Office U.S. Department of Education 600 Independence Avenue, SW Washington, DC 20202-4605 III. Directory Information as Defined by Macomb Community College Macomb Community College defines “directory information” as: A. A student’s name B. Major field of study C. Participation in officially recognized activities and sports D. Weight and height of members of athletic teams E. Dates of attendance F. Degrees and awards received G. Most recent education agency or institution attended The College may include a student’s directory information in College publications or otherwise release such information to the public without a student’s consent, unless a student has informed the College, in writing, that his or her directory information is confidential. This notice must be sent or delivered in person to the Office of Enrollment Services/Registrar, Macomb 57
Community College, 14500 E. 12 Mile Road, Warren, MI 48088-3896. An oral or written request for a student’s directory information must be directed to the Office of Enrollment Services. Enrollment Services will respond as time permits. Enrollment Services reserves the right to deny any request for directory information or to charge a fee for information provided in response to a request.
IV. Solomon Amendment Directory Information Effective March 29, 1997, schools are required to provide the Department of Defense access to directory information upon request. A student may request in writing to withhold the release of any or all of this information to the Department of Defense. Such a request should be sent to: Office of Enrollment Services/Registrar Macomb Community College 14500 E. 12 Mile Road Warren, MI 48088-3896.
V. Privacy Act Notice Pursuant to the Privacy Act of 1974, students are hereby notified that disclosure of their social security numbers is mandatory for registration at Macomb Community College. Social security numbers are used 1) to verify the identity of students, 2) to keep, maintain, and access the records of students and 3) for purposes of student financial aid and other benefits available under law. The College is required to report the social security numbers of its students to the Internal Revenue Service pursuant to the Taxpayer Relief Act of 1997. As part of Macomb Community College’s instructional program improvement efforts and to meet the requirements of the Carl D. Perkins Vocational and Technical Education Act, Section 113, and the Workforce Investment Act of 1998, Section 122, Macomb Community College will use the social security numbers of its students to compile certain data for the purpose of instructional program improvement and reporting requirements for the Carl D. Perkins Vocational and Technical Education Act, Section 113, and the Workforce Investment Act of 1998, Section 122. VI. Family Educational Rights and Privacy Act Regulations Governing Disclosure of Confidential Records
A. Disclosure of Confidential Information to the Student A student may inspect, review or obtain a photocopy of his or her educational record by submitting a written request, signed by the student, to the Director of Enrollment Services/Registrar. The Director of Enrollment Services/Registrar will arrange a time and date for the student to view the record, or provide the student with a photocopy of the record requested within 45 days after receiving the request. The College may permit a student to inspect, review or obtain a photocopy 58
of his or her educational record upon receipt of that student’s in-person oral request. However, a student must, if requested, provide photo identification, which may be photocopied and kept in the student’s file, before reviewing or receiving a copy of his or her educational record. Students may request photocopies of their records at a cost of $5.00 for transcripts and 25 cents a page for other documents.
B. Disclosure of Confidential Information to Third Parties Except to the extent FERPA authorizes disclosure without consent, personally identifiable information contained in a student’s educational record will be disclosed to third parties only with prior written consent of the student. The consent must 1) identify the individual, agency or classes of individuals or agencies to whom the information is to be made available and 2) specify the records to be released. FERPA authorizes the disclosure of personally identifiable information contained in a student educational record without the consent of the student under various circumstances. The College may disclose such information: 1) to other Macomb Community College officials, including teachers, whom the College has determined to have legitimate educational interests, 2) to officials of another school where a student seeks or intends to enroll, 3) to the Comptroller General of the United States, the Secretary of Education, or state and local educational authorities, 4) in connection with financial aid for which the student has applied or which the student has received, 5) to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction, 6) to accrediting organizations to carry out their accrediting functions, 7) to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954, 8) to comply with a judicial order or lawfully issued subpoena, 9) to persons in connection with a health or safety emergency, 10) information designated “directory information,” and 11) to an alleged victim of any crime of violence of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime. C. Parental Access to Student Records A parent does not automatically have access to their child’s student records. The Guidelines for Postsecondary Institutions for Implementation of the Family Education Rights and Privacy Act of 1974 as amended—revised edition 1995, states: “At the postsecondary level, parents have no inherent rights to inspect a student’s education records.” As a general rule, a student must consent to the release of his or her education records. In the event that a student is a legal dependent, as defined by the Internal Revenue Code, the parent may assert the right to review the education records, but only upon presentation of a copy 59
of the appropriate IRS form (e.g., most recent tax return) documenting dependent status. The College may keep a photocopy of the IRS form in the student file. D. Release of Information Form Any person requesting to review or copy student education records must submit a Release of Information Form signed by the student. The form may be obtained from the Office of Enrollment Services/Registrar or may be printed from the Macomb Community College website, www.macomb.edu. As with all requests to review records, any person requesting access to student records must provide photo identification that may be photocopied and kept in the student’s file. E. Statement of Safeguarding Student Records All Macomb Community College employees are required to protect the privacy of student records and abide by the following principles: • College information systems shall contain only that student data necessary to fulfill the College’s mission. • Safeguarding of student data shall be a responsibility of each staff member having knowledge of such data. • Due care shall be exercised to protect student data from unauthorized use, disclosure, alteration or destruction. • Applicable federal and state laws and college policies and procedures concerning storage, retention, use, release, transportation and destruction of student data shall be followed. • College procedures shall be followed in reporting any breach of security or compromise of safeguards. • This statement of principles is applicable to all areas of the College and must be followed by all persons dealing with such information. • Faculty and staff requiring computerized student data for official College business will be provided access. The term “access” means to read or review student data. It does not include the ability to create or modify data. • Certain areas of the College that store and maintain student data, whether computerized or not, may have individual guidelines which will supplement, but not supplant, this statement of principles. • Any Macomb Community College employee engaging in unauthorized use, disclosure, alteration or destruction of student data in violation of this statement of principles shall be subject to 60
appropriate disciplinary action, including dismissal.
VII. Request to Amend an Educational Record-Hearing Procedures If a student is denied access to his/her record and is unable to obtain correction, or if he/she contests the factual accuracy of his/her record, he/ she may request a hearing. If, as a result of the hearing, it is determined that the record is factually inaccurate, it shall be amended and the inaccurate material either destroyed (if this does not violate audit responsibilities for record keeping) or so annotated as to indicate nature and source of error and date of correction. A. If a student challenges the content of the record, Macomb Community College will attempt to settle such a dispute through an informal meeting with the Director of Enrollment Services/Registrar, the Dean of Student Success, and the eligible student within 10 days. B. If the dispute is not resolved by the Dean of Student Success, a second hearing may be held with the Vice President, Student Services. The eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and the decision shall be rendered in writing within 45 days after the conclusion of the hearing with the Vice President, Student Services. A student who desires a procedural hearing to challenge the content of the education record shall address the request in writing to the Director of Enrollment Services/Registrar. The written request must identify in specific terms the information the student believes to be inaccurate, misleading or otherwise in violation of the privacy of the student; state the reason or reasons for challenging the portion of the record identified; and state the remedy sought, which may be either the correction or deletion of the information challenged. The substantive judgment of a faculty member about a student’s work, expressed in grades assigned in a course and other evaluation of a student’s work, is not within the scope of such hearings. Hearings shall be limited to the factual accuracy of the record.
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VIII. Information Maintained by Macomb Community College OFFICE & INFORMATION
RESPONSIBLE OFFICIAL
ADMISSIONS & SECONDARY OUTREACH Admission Applications Early Admission & Early College Approvals High School Scholars/Leaders Nominations Recruitment Efforts
Director, Enrollment Services/ Registrar
ARTICULATION AND TRANSFER Transfer Out Credit Equivalencies Official College to College Articulation Agreements
Director, University Relations
CAREER SERVICES Employer Information Employment Resource Materials MacombCareerLink Online Job Database
Dean of Student Success
CASHIER’S OFFICE & FINANCIAL SERVICES Billing and Fee Payment Records Student Account Information 1098-T Tax Forms Student Refund Information Student Payroll Records
Director, Financial Services
COLLEGE POLICE Citations or Violation Notices Incident Reports
Captain, College Police
COUNSELING & ACADEMIC ADVISING OFFICE Achievement Records Career Preparation Career Test Scores Career Testing Referral Form Counseling Data Sheet Course Planning Summary Department Referral Form Plan of Action Program Plans Student Information Sheet Transfer Plans
Dean of Student Success
ENROLLMENT Certification Data High School Transcript Holds on Student’s Record International Student Records Other (College Transcripts) Permanent Record Registration Social Security Certification Data Transfer In Credit Equivalencies Veterans Administration Waivers for Graduation Requirements Web-Reg
Director, Enrollment Services/ Registrar
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OFFICE & INFORMATION
RESPONSIBLE OFFICIAL
FINANCIAL AID Application for Financial Aid Financial Aid Over Payments Financial Aid Agency Forms Financial Aid Transcripts Financial Aid Status Notice of Financial Aid Award Student Aid Reports Student Loan Information Student Default Status
Director, Financial Aid
LIBRARY & INFORMATION RESOURCES Records of Overdue, Fines, Lost or Damaged Materials
Dean of Learning Resources and Libraries
PLACEMENT TESTING CLEP Participants COMPASS Student Advising Report Program Credit-By-Exam Test Records
Dean of Student Success
PUBLIC SAFETY INSTITUTE Billing Information Class Rosters Registrations
Director, Public Safety Institute
SPECIAL SERVICES ASSESSMENT Counselor/Staff Summaries Handicapped Certification Referral Forms for Assistance Services Documentation Student Information Forms Student Plan of Work Tutoring Usage Record
Dean of Student Success
WORKFORCE & CONTINUING EDUCATION Business & Information Technology Engineering & Advanced Technology Health & Public Service
Directors, Workforce & Continuing Education
(3/2014)
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866.Macomb1 (866.622.6621) www.macomb.edu
MACOMB COMMUNITY COLLEGE BOARD OF TRUSTEES James F. Kelly, Chairperson Vincent Viviano, Vice Chairperson Jennifer Haase, Secretary Roseanne DiMaria, Treasurer Frank Cusumano, Trustee Joseph DeSantis, Trustee Elizabeth Lucido, Trustee
James Jacobs, Ph.D., College President
FR
I E N D LY
Adopted by Board of Trustees • February 21, 1989 • No. 2085_16 Revised 6/16
EAR
TH
2015© Printed in Michigan/Macomb County with earth-friendly paper
