Policy 5.1.1 —
Admissions and RegistrationProcedure 5.1.1.1 —
General Admissions ProceduresProcedure 5.1.1.2 —
High School Student EnrollmentProcedure 5.1.1.3 —
Health Science ProgramsProcedure 5.1.1.4 —
Basic Law Enforcement TrainingProcedure 5.1.1.5 —
New Student OrientationPolicy 5.1.2 —
Acceptance of Transfer Students/CreditPolicy 5.1.3 —
Credit by ExaminationPolicy 5.1.4 —
Financial Aid and ScholarshipPolicy 5.2.1 —
AttendanceProcedure 5.2.1.1 —
Student ClassificationProcedure 5.2.1.2 —
Student Religious AccommodationProcedure 5.2.1.3 —
Absences for Military Service MembersProcedure 5.2.1.4 —
TardiesPolicy 5.2.2 —
Withdrawal from CoursesPolicy 5.2.3 —
Auditing CoursesPolicy 5.2.4 —
Grading SystemProcedure 5.2.4.1 —
Academic ExpectationsPolicy 5.2.5 —
Grade AppealPolicy 5.2.6 —
Academic Standards of ProgressPolicy 5.2.7 —
Curriculum Course RequisitesPolicy 5.2.8 —
Repeating Courses and Course SubstitutionsPolicy 5.2.9 —
Credits for Prior LearningPolicy 5.3.1 —
Overview of Student RightsPolicy 5.3.2 —
Student Code of ConductProcedure 5.3.2.1 —
Discipline and Appeal for Academic ViolationsProcedure 5.3.2.2 —
Discipline and Appeal for Non-Academic ViolationsPolicy 5.3.3 —
Behavioral InterventionPolicy 5.3.4 —
Discrimination and Harassment (cross reference Policy 3.3.7)Procedure 5.3.4.1 —
Sexual Harassment and Sexual ViolenceProcedure 5.3.4.2 —
Unlawful DiscriminationPolicy 5.3.5 —
Students – Alcohol and Drugs on CampusPolicy 5.3.6 —
Student GrievancePolicy 5.4.1 —
Student Right to Know ActProcedure 5.4.1.1 —
Student Public InformationPolicy 5.4.2 —
Campus Security Reporting - Clery Act (cross reference Policy 2.18)Policy 5.4.3 —
Student Records - FERPAProcedure 5.4.3.1 —
Student Records - FileProcedure 5.4.3.2 —
FERPA Annual NoticeProcedure 5.4.3.3 —
Student Records ConfidentialityProcedure 5.4.3.4 —
Student Identification and AuthenticationPolicy 5.4.4 —
Use of Student WorkPolicy 5.4.5 —
Service Animals and Other Animals on Campus (cross reference Policy 3.4.8)Policy 5.4.6 —
Student Clubs and OrganizationsProcedure 5.4.6.1 —
Student ActivitiesThe College does not discriminate on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, genetic information or military status in any of its activities or operations.
I. Open Door Admissions
Except as otherwise specified herein, the College maintains an open-door admission policy to all applicants who are legal residents of the United States and who are high school graduates or are at least eighteen (18) years of age. The College shall not solicit or use information regarding the accreditation of a secondary school located in North Carolina that a person attended as a factor affecting admission to the College or to any program of study, loans, scholarships or other educational activity at the College unless the accreditation was not conducted by a State agency. For purposes of this Policy, the term “accreditation” shall include certification or any other similar approval process. Student admission processing and placement determination shall be performed by College officials.
Admission requirements for an emancipated minor shall be the same as for an applicant who is eighteen (18) years old or older. Non-emancipated minors may be admitted and allowed to attend the College pursuant to 1D SBCCC 200.95.
The open-door policy does not mean there are no restrictions on admission into specific College programs. Students shall be admitted into specific College programs when they demonstrate aptitude for these programs as determined by personal interest, academic background, placement tests and/or personal interviews. If an academic deficiency exists, applicants will be given an opportunity to remove the deficiency by taking preparatory work.
For more specific information regarding certain admissions criteria, see Procedure 5.1.1.1.
II. Admissions Denials
A. Basis for Denials
1. Suspension/Expulsion from another Educational Entity.
If the College suspends or expels a student for non-academic disciplinary purposes, the College shall record the suspension or expulsion in the student’s educational record. Upon receipt of a written request signed by the student and subject to all applicable privacy laws, the College shall, in accordance with the student’s request, inform other colleges and universities of the term and circumstances of the student’s non-academic disciplinary suspension or expulsion, if any. The College reserves the right to refuse admission to any applicant during any period of time that the applicant is under a period of suspension or expulsion from another educational entity for non-academic disciplinary reasons.
2. Safety Concern.
The College reserves the right to refuse admission to any applicant if it is necessary to protect the safety of the applicant or other individuals. When making a safety determination, the College may refuse admission to an applicant when there is an articulable, imminent and significant threat to the applicant or other individuals. When refusing admission based on safety concerns, the Registrar shall document:
a. Detailed facts supporting the rationale for denying admission;
b. The time period within which the refusal to admit shall be applicable and the supporting rationale for the designated time period; and
c. The conditions upon which the application was refused and if the applicant would be eligible to be admitted in the future.
3. Residency for Distance Learning.
The U.S. Department of Education regulation 600.9 State Authorization requires that if an institution is offering distance education in a state where it is not physically located, the institution must meet individual state requirements for offering distance or correspondence education within that state. The College participates in the National Council for State Authorization Reciprocity Agreement (NC-SARA), a voluntary, regional approach to state oversight of post-secondary education.
Admission of applicants residing outside of North Carolina to an on-line degree, diploma, certificate program or individual on-line courses offered by the College is dependent on the College’s ability to secure authorization from the applicant’s state of residence. As a NC-SARA participating institution, the College is authorized to offer distance education courses in states that are also participating in NC-SARA.
State authorization does not affect the cost of attending the College. Tuition requirements, including those for out of-state students, still apply. This requirement does not apply to non-credit continuing education courses.
4. Undocumented Immigrants.
An undocumented immigrant is any immigrant who is not lawfully present in the United States. The College shall not admit undocumented immigrants unless all of the following conditions apply:
a. The undocumented immigrant attended and graduated from a United States public high school, private high school or home school that operates in compliance with State or local law.
b. The undocumented immigrant must comply with all federal and state laws concerning financial aid.
c. The individual shall not be considered a North Carolina resident for tuition purposes and must be charged out-of-state tuition regardless of whether the individual resides in North Carolina.
d. When considering whether to admit the individual into a specific program of study, the College shall take into account that federal law prohibits states from granting professional licenses to undocumented immigrants.
e. Students lawfully present in the United States shall have priority over any undocumented immigrant in any class or program of study when capacity limitations exist.
f. An admitted undocumented student will not be permitted to register for a class or program of study or be placed on a waiting list until the conclusion of the last published registration date for the term.
5. Re-admissions.
The College reserves the right to refuse readmission to a former student who has unsettled financial obligations at the College or who has not complied with previous disciplinary requirements. For readmission concerning Health Science Programs, see Procedure 5.1.1.2.
6. Criminal Justice Education and Training.
The College requires students enrolled in courses mandated under N.C.G.S. § 17C and 17E, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs’ Education and
Training Standards Commission to be sponsored by law enforcement agencies until completion of the program. The student must be sponsored by a law enforcement agency to be admitted into the program. Failure to have such sponsorship shall result in an admission’s denial.
7. Non-Criminal Justice Education and Training Firearm Courses.
Except for courses governed by Criminal Justice Education and Training, if the College has a program that requires students to possess a firearm, prior to admission, the student must provide proof of eligibility to possess firearms. For purposes of this Policy, “firearm” means a handgun, shotgun or rifle that expels a projectile by action of an explosion; “proof of eligibility” means: i) a current, valid State-issued permit to purchase a firearm; ii) a current, valid State-issued concealed carry permit from North Carolina; iii) a current, valid State-issued concealed carry permit from a state with a reciprocal concealed carry agreement with North Carolina; iv) proof of an exemption from permit requirements pursuant to N.C.G.S. § 14-415.25; or v) a background check to determine whether the applicant can lawfully possess a firearm in North Carolina pursuant to N.C.G.S. §§ 14-269.8; -404(c); -415.1; -415.3; and -415.25.
B. Appeal for Admissions Denials
If an applicant is denied admissions to the College for any of the reasons specified in Section II(A)(1)-(7), within five (5) calendar days following the receipt of the reasons specifying the denial, the applicant may file a written appeal with the Registrar for a reconsideration. The written appeal shall contain the applicant’s reasons why he/she should be admitted and shall include any supporting documentation. The Registrar shall also meet with the applicant and provide the applicant an opportunity to respond. Within ten (10) calendar days from receipt of the applicant’s written appeal, the Registrar shall make his/her determination and provide the applicant with a written response.
If the applicant does not agree with the Registrar’s determination, within five (5) calendar days following the receipt of the Registrar’s determination, the applicant may file a written appeal with the President. The President shall conduct an “on the record review” and shall make a determination within ten (10) calendar days after receipt of the applicant’s written appeal. The President’s decision is final.
III. Registration
Registration is complete when all fees are paid or deferred by the Business Office and the student is issued a receipt. It is the responsibility of the instructor to ensure that each of his/her students is actually attending the correct class and section number.
Adopted: January 8, 2020
Legal Reference: 1D SBCCC 200.95 and 400.2; NC Community College Written Memoranda
CC10-026 (issued 7/12/10)
Admission to the College does not guarantee immediate acceptance to the curriculum program
desired by the applicant. Admission to certain programs may have additional specific entrance
requirements. Students may have to complete basic skills or developmental level courses before
being accepted into their desired academic curriculum program.
The Vice President of Instruction and Student Services administers all admissions requirements and enforces all
College admission policies and procedures.
I. Curriculum Programs
A. Diploma and Degree Seeking Applicants
For curriculum diploma and degree seeking applicants, all applicants must:
1. Submit a completed application for admission.
2. Provide an official high school transcript or an official GED score from a regionally accredited institution. These transcripts must include the date the diploma was awarded, the type of diploma and have the institution’s official seal. It must be mailed or electronically transferred from the issuing institution or agency. Current applicants who are high school seniors should submit a transcript showing work through the end of the first semester of the senior year. A final official transcript must then be submitted upon high school graduation, and before enrollment, to be fully accepted. Applicants who have completed an associate’s degree or higher from a regionally accredited post-secondary institution may submit college transcripts with conferred degree awarded in lieu of high school transcripts.
3. Complete the College’s placement test to determine if developmental courses are required before enrollment into college level math or English. If a student is placed into developmental English or math, these courses should be completed during the first two semesters of enrollment.
Placement test minimum scores (“cut scores”) are determined by the North Carolina Community Colleges Developmental English/Reading and Math Redesign committees and approved by the North Carolina Community College Board of Trustees. Cut scores are evaluated on an annual basis.
Test scores are considered valid for a period of five (5) years. When more than five (5) years passes between the time of placement testing and enrollment in applicable course, the student should retest.
Students who complete the College’s placement test are allowed on one retest session on the Reading and English assessment, WritePlacer essay or NC DAP math assessment per year within thirty (30) days of the initial test. Students will be placed according to the most recent test score or highest score obtained. Students who elect to retest will be charged a $5 fee per test. Students may not retest while enrolled in a pre-college course or after an unsuccessful completion of the course. Once students begin the precollege sequence, they must complete it as outlined in their educational plan prior to enrolling in the gateway English or math courses.
Students may waive the placement testing requirements under the following conditions:
a. Documentation of acceptable SAT or ACT scores. To be enrolled directly into first level curriculum English or math course, students would need to have a score of 500 on the applicable (Writing or Critical Reading, and/or Math) portion of the SAT, or a minimum of 18 on ACT English or 22 on ACT Reading, or a minimum of 22 on ACT Mathematics. SAT and ACT examinations must have been taken within the last three (3) years.
b. Results of NC-DAP placement tests taken at another North Carolina Community College System institution, which have been taken within the preceding five (5) years and meet the College’s scores.
c. Transfer credit.
d. Credit by examination.
4. Returning students who are eligible for readmission and who have not been enrolled at the College for two (2) academic semesters must submit a new admission’s application and update residency classification prior to registration. The student is required to meet the curriculum requirements in effect at the time of readmission according to the current College catalog.
Students who have been placed on academic or disciplinary suspension must fulfill the terms of their suspension before being considered for readmission. Students on disciplinary suspension must also submit a letter to the Vice President requesting readmission.
The College reserves the right to deny readmission to a former student, including a student who has unsettled financial obligations at the College or who has not complied with previous disciplinary requirements. All of the student’s debts to the College must be paid in full before registering for courses.
B. Non-Degree Seeking Applicants
Non-degree seeking students are those students who enroll in one or more courses but do not desire to graduate from one of the established curricula. The student may register for any course which is open to all students and does not require a prerequisite. However, if a student plans to register for a course that requires a prerequisite course, the student must submit an official transcript from a regionally accredited institution showing completion of this requirement with a grade of “C” or better prior to registering. An applicant who plans to enroll in mathematics and/or English courses must satisfactorily complete the College placement test requirement. Students may not register for courses in a program that has a waiting list or restricted admission (such as nursing).
Non-degree seeking students are not eligible for financial aid or veterans benefits nor are they permitted to earn any degree, diploma or certificate awarded by the College.
II. Continuing Education Programs
For applicants seeking admission to a continuing education program, all applicants must complete the College’s continuing education registration process and pay the applicable tuition and institutional fees.
III. Certificate Programs
For applicants seeking admission to a certificate program, all applicants must complete the College’s certificate program registration process and pay the applicable tuition and institutional fees. Students who change from certificate programs to diploma or associate degree programs must complete the additional requirements for admission to those programs.
IV. Provisional Admissions
In certain situations, an applicant may be provisionally accepted by the College and permitted to register prior to completion of all admissions requirements. Students who are admitted on a provisional basis must complete all admission requirements within the first semester of attendance. Failure to complete the provisional requirements could result in the student being denied continued admissions for the next semester.
Adopted: September 9, 2019
I. Enrollment of High School Students (non-degree seeking)
The College provides seamless opportunities for high school students to get a head start with their college education by enrolling in eligible pathways through Career and College Promise (“CCP”). Enrollment in identified courses is available to students enrolled in public and private schools (including home schools) through articulation agreements between the school system and the College and approved by the North Carolina Community College System Office.
II. CCP Overview CCP provides seamless dual enrollment educational opportunities for eligible North Carolina high school students to accelerate completion of college certificates, diplomas and associate degrees that lead to college transfer or provide entry‐level job skills. The College offers the following CCP pathways aligned with the K‐12 curriculum, career and college ready standards adopted by the State Board of Education:
A. College Transfer Pathway, leading to a college transfer certificate requiring the successful completion of thirty (30) semester hours of college transfer courses, including English and mathematics, for qualified high school students;
B. Career and Technical Education Pathway, leading to a certificate or diploma aligned with one or more high school Tech Prep Career Clusters;
C. Career and Technical Education – Workforce Continuing Education, leading to a State or industry recognized credential; and
D. Cooperative Innovative High School Pathway.
Tuition is waived for CCP students; however, all CCP students taking classes on-site at the College or online though the College, except for those in Cooperative Innovative High School Programs, must purchase their own textbooks and supplies required for their classes. Transportation for high school students will not be provided by the College.
The College will develop specific and uniform admission’s criteria and program requirements for CCP enrollment that comply with State Board of Community College regulations.
III. Continuing Education Courses for Minors
A minor, age 16 or 17, may enroll in continuing education course sections subject to the following conditions:
A. Minors shall not displace adult students.
B. Minors shall pay the registration fees associated with the course section except for cases where they meet eligibility requirements for a fee waiver.
For minors that are also enrolled in a high school, the College shall not designate Continuing Education course sections to provide partial or full credit towards meeting high school graduation requirements. Further, the College shall not offer Continuing Education course sections that are specifically scheduled for high school students except those that are part of an approved Workforce Continuing Education Career and College Promise Pathway or those that are self-supporting course sections.
IV. Exclusive College Programs for Minors
Except as provided above, the College cannot offer enrollment options for students who are under the age of sixteen (16) unless they have earned a high school diploma.
Adopted: April 21, 2021
Revised October 22, 2021
Legal Reference:
N.C. Session Law 2011-145, § 7.1A(a)-(l); Article 15, Part 9, Chapter 115C of the N.C.G.S. – Cooperative Innovative High School Programs; 1D SBCCC 200.95; 1D SBCCC 400.11; 1D SBCCC 300.4
I. Health Science Programs Admissions
All inquiries for admission into Health Science programs should be directed to the Admissions Office. Admission to a Health Science Program is a competitive process. Interested students are advised to attend an information session at least two semesters prior to their planned enrollment.
Students applying for admission into the Emergency Medical Science, Associate Degree Nursing, Practical Nursing, Radiography, Respiratory Therapy or Surgical Technology programs1 must:
A. Meet all general admissions requirements as outlined in College policy and procedures.
B. Complete any developmental course work with a “C” or higher before making application to a health science program.
C. Have cumulative grade point average of 2.8 or higher in related and general education course work for the health science program of interest.
D. Adhere to the submission timelines specified in the Health Science admissions procedure. Provisional approval may be offered to applicants based on fulfillment of all admission requirements and criteria by the specified deadline. Final approval for admission will be made by the appropriate Health Science Program Director.
II. Essential Functions Needed for Completing Health Science Programs
The following guidelines are utilized in admitting qualified students. The activities identified below are examples of physical and emotional activities which a student in the Health Science Program must be able to perform for the successful completion of the program. If an applicant believes that he or she cannot meet one or more of the standards without accommodation or modification, the applicant should consult Counseling and Career Services.
A. Critical thinking: Health Science students shall possess critical thinking ability sufficient for clinical judgment.
Example: Students must be able to identify cause and effect relationships in clinical situations, develop or participate in development of nursing care plans.
B. Ethical behavior: Health Science students will provide services with respect for human dignity and uniqueness of the client unrestricted by consideration of social or economic status, personal attribute, or the nature of health problems.
Example: Students will care for clients assigned regardless of race, religion, or diagnosis.
C. Legal behavior: Health Science students will provide care within the scope of practice as stated in the NC NURSING PRACTICE ACT or guidelines for respiratory therapy, radiography and surgical technology.
Example: Students in the nursing program will learn to assess the patient’s physical and mental health.
D. Interpersonal skills: Health Science students shall possess interpersonal abilities sufficient to interact with individuals, families, groups, etc. from a variety of psycho-social cultural backgrounds.
Example: Students shall establish rapport with clients and health care team members.
E. Communication skills: Health Science students shall possess communication abilities sufficient for verbal and nonverbal interaction with others.
Example: Students shall be able to explain treatment procedures to clients/family, document client responses, and report to other responses to nursing care.
F. Mobility: Health Science students shall possess physical abilities sufficient to move from room to room and maneuver in small spaces, stand and walk for extensive periods of time.
Example: Students will be able to move around in client’s room, move from room to room, move in small work areas, and administer CPR.
G. Motor skills: Health Science students shall possess gross and fine motor skills sufficient to provide safe and effective nursing care.
Example: Students shall be able to calibrate equipment, position clients, administer injections, insert catheters.
H. Hearing skills: Health Science students shall possess auditory ability sufficient to monitor health needs and collect data.
Example: Students shall be able to hear alarms, listen to heart and breath sounds, and hear a cry for help.
I. Visual skills: Health Science students shall possess visual ability sufficient for observation and data collection.
Example: Students shall be able to observe color of skin and read scale on a syringe. J. Tactile skills: Health Science students shall possess tactile ability sufficient for data collection.
Example: Students shall be able to detect pulsation and feel skin temperature.
K. Weight-bearing: Health Science students shall possess the ability to lift and manipulate/move 40-50 pounds.
Example: Students shall be able to move equipment, position patients.
III. Health Science Readmission
All inquiries for readmission to Health Science programs should be directed to the appropriate Dean2. Applicants applying for Health Science program readmission must meet all general admissions requirements as outlined in the College’s policies and procedures. Upon receipt of required documentation, all inquiries for readmission will be reviewed and determined by the Dean. Applicants must meet current admission requirements. All requests for readmission must adhere to the timelines specified in the Health Science admissions procedures.
Applicants seeking readmission within twelve (12) months of exiting a program must request readmission ninety (90) before the start of the semester for planned enrollment. Positions must be available in the class at the time of request for readmission, which will not require the hiring of additional instructional or clinical personnel.
Upon notification, applicants have the option to appeal their readmission denial within five (5) business days. The applicant must submit the appeal in writing to the Vice President for Student Services3. The Vice President will make a decision within five (5) business days and provide a decision in writing to the student. The decision of the Vice President is final.
Adopted: September 9, 2019
1 Remove or include other applicable programs
2 Or applicable Administrator.
3 Or applicable Administrator.
The North Carolina Basic Law Enforcement Training (“BLET”) is a State accredited program designed to prepare entry level individuals with the cognitive and physical skills to become certified police officers and deputy sheriffs.
To be accepted into the College’s BLET program, students must meet the following criteria:
1. Must complete a BLET application.
2. Must be at least 20 years of age or older.
3. Must be a citizen of the United States of America.
4. Must be a high school graduate or have earned a high school equivalency (high school diplomas earned through correspondence enrollment are not recognized toward educational requirements).
5. Must provide a medical examination report, properly completed by a physician licensed to practice medicine in North Carolina, a physician’s assistant, or a nurse practitioner, to determine the applicant’s fitness to perform the essential job functions of a criminal justice officer.
6. Must take a standardized reading comprehension test and score at the tenth-grade level or higher within one year prior to entrance into the BLET program.
7. Must provide a certified criminal record check for local and state records for the time period since the applicant had become an adult and from all locations where the applicant has resided since becoming an adult. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check will satisfy this requirement.
8. Must have not been convicted of a felony or:
i. A crime for which the punishment could have been imprisonment for more than two years; or
ii. A crime or unlawful act defined as a “Class B misdemeanor” within the five year period prior to the date of application for employment unless the applicant intends to seek certification through the North Carolina Sheriffs’ Education and Training Standards Commission; or
iii. Four or more crimes or unlawful acts defined as “Class B Misdemeanors” regardless of the date of conviction; or
iv. Four or more crimes or unlawful acts defined as “Class A Misdemeanors” except the trainee may be enrolled if the last conviction occurred more than two years prior to the date of enrollment; or
v. A combination of four or more “Class A Misdemeanors” or “Class B Misdemeanors” regardless of the date of conviction unless the individual intends to seek certification through the North Carolina Criminal Justice Education and Training Standards Commission.
9. Every individual who is admitted as a trainee in the BLET program shall notify the BLET of all criminal offenses which the trainee is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of, and all Domestic Violence Orders (N.C.G.S. § 50B) which are issued by a judicial official and which provide an opportunity for both parties to be present.
The notifications must be received by the College within thirty (30) days of the date the case was disposed of in court.
Adopted: September 9, 2019
Reference: NCDOJ Basic Law Enforcement Training
New Student Orientation is held each semester for new and returning students who have not been enrolled within the last year. The orientation is designed to help make the transition to College as smooth as possible. The orientation process is designed to accomplish the following:
A. Acquaint students with campus regulations;
B. Introduce students to key personnel on campus;
C. Advise students of college support services;
D. Provide academic information; and
E. Acquaint students with college survival skills.
Adopted: September 9, 2019
A. Course work transferred or accepted for credit toward an undergraduate degree must represent collegiate course work relevant to the degree with course content and level of instruction resulting in student competencies at least equivalent to those of students enrolled in the College’s undergraduate degree program.
B. Any such earned credit must meet the minimum College academic standards of a grade of “C” or better and must parallel the content of similar courses offered. The maximum amount of credit allowed to be transferred is seventy five percent (75%) of the College’s curriculum. Any course taken at a North Carolina Community College System institution will be accepted for the equivalent course except as specified herein. For all others, the following criteria will be considered in determining the acceptability of the transfer course work:
1. Accreditation of the school by a regional or national accrediting body recognized by the United States Department of Education. Accreditation does not guarantee acceptance of transfer credit.
2. Equivalency of course descriptions, outcomes and analysis of course level, content, quality, comparability, and degree program relevance. It shall be the student’s responsibility to provide documentation of this equivalency, which may include, but is not limited to, syllabi, course catalogs, course outcomes, etc.
3. Use of recognized guides, such as those published by the American Council on Education, the American Association of Collegiate Registrars and Admissions Officers and the National Association of Foreign Student Affairs.
4. If the school was not accredited by a regional or national accrediting body recognized by the United States Department of Education at the time the course was taken, additional documentation will be required. It shall be the student’s responsibility to provide any additional documentation requested.
5. For skills-based courses, particularly those in the advanced technology programs, demonstration of student skills may be a component of the evaluation process. Decisions related to the possible need for a demonstration of skills will be made by the appropriate faculty member(s) and Dean, in consultation with the Vice President of Instruction.
C. The responsibility for determining transfer credit from other colleges and universities rests with the Registrar. When there is doubt about the appropriateness of transfer credit or when a student wishes to appeal a transfer credit decision, the transcript will be referred to the appropriate faculty member(s) and Dean, whose decision will be final. In such cases, the Dean will note the decision in the student’s academic file. Time limits may be imposed in certain situations, such as for allied health program courses. Student Services and the appropriate Dean will maintain a list of courses that have time limits for transfer.
D. When a student transfers from a post-secondary institution to the College, the following steps will be implemented:
1. The student completes the Residency Determination Service process (if not completed at previous school), submits an application for admission, and provides an official high school or high school equivalency transcript and an official transcript from any other post-secondary institution. The student should allow at least one month for the transcript evaluation process prior to registering for classes.
2. The Registrar evaluates the transcript and credit is accepted in accordance with the College’s program offerings and the procedure stated herein. No credit for a course with a grade lower than a “C” may be transferred. The Director will consult with the appropriate faculty member(s) and/or Dean if there are questions about the transfer-ability of credit.
3. The student is given placement test(s), if applicable.
4. The student continues with registration procedure.
E. Non-curriculum to Curriculum Transfer Credit: Non-curriculum course work from the College related to curriculum instruction may be transferred or accepted for credit towards curriculum courses in specific programs. The student must request that the Registrar review his/her Continuing Education or other non-curriculum work for possible transfer credit. Students must have earned a minimum letter grade of a “C”, passed the final assessment with a proficiency of 70% or better, or successfully passed the applicable credentialing exam. Continuing Education grades of S or P will be considered for credit. The appropriate Dean for each division will approve non-curriculum course material prior to curriculum credit being officially granted. Proficiency examinations may be required before transfer credits are awarded for CEUs (Continuing Education Units). Faculty teaching courses for which CE to CU credit may be awarded must meet all SACSCOC credential requirements.
To review additional opportunities for awarding credits for prior learning, see the College’s Policy on Credits for Prior Learning, Policy 5.2.9.
Adopted: January 8, 2020
Amended: January 9, 2022
Advanced placement is offered to students who, because of their demonstrated abilities, are qualified to accelerate their studies. To earn advanced placement, a student may take a proficiency examination in most subject areas which he/she can demonstrate a mastery of theory and practical application. Information on courses and/or subject areas that are not suitable nor allowable for proficiency exams may be obtained from the Enrollment Office. Under no circumstances will credit be given when the challenge examination grade is less than “C”. Total credits earned by examination and/or transfer credit cannot exceed seventy-five (75) percent of the program requirements.
The following persons will not be permitted to take proficiency examinations:
1. Persons who have taken the proficiency examination previously.
2. Persons who have either been previously enrolled in and/or dropped from
the course.
3. Persons who were enrolled in and failed the course.
For credit by examination, full-time students enrolled in sixteen (16) credit hours or more are exempt from additional tuition charges; however, students enrolled in less than sixteen (16) credit hours must pay the Business Office the tuition required by the state for each semester hour credit; this fee is not refundable. A registration form must be completed for the Registrar. After approval has been obtained to take a proficiency examination. Any exceptions to the above procedures and requirements must be approved by the Vice President of Instruction and Student Services. Exceptions will be made only under rare circumstances.
Adopted: January 8, 2020
The College provides the opportunity for all students to apply for certain types of financial aid programs and scholarships. The College (or the College’s Foundation in case of scholarships) administer these programs in accordance with all applicable laws, rules and regulations. Requirements and critical dates for applying and receiving financial aid and scholarships are outlined in the College’s catalog and on the College’s website.
Adopted: January 8, 2020
I. ATTENDANCE REQUIREMENTS
The following attendance requirements shall apply to all College students:
A. Students are expected to attend and be on time for all scheduled classes and labs. Students should refer to the course syllabus for individual course attendance requirements. At the instructor’s discretion, students may make up work missed. When students must be absent, it is vital that they remain in contact with their instructors.
B. Any student who has not attended at least one face-to-face class meeting or completed one assignment/activity for an online class prior to or on the ten percent (10%) point of the class will be reported by the instructor as “never attended.” A student who has never attended a class by the ten percent (10%) date is no longer enrolled in the class and will not earn credit or receive a tuition refund for the course. Under extenuating circumstances, a student who has never attended by the ten percent (10%) date may petition for reinstatement in the class to the Vice
President of Instruction.
C. Any student who has been absent for two consecutive weeks in a 16-week term or one week in shorter academic terms may be administratively withdrawn from the course. A student in an online, hybrid, or blended course may be administratively withdrawn following two consecutive weeks in a 16-week term (or one week in shorter academic terms) of missed assignments, missed attendance (for hybrid/blended), and/or lack of communication with the instructor regarding course participation. Consistent with policies establishing attendance in online courses, logging into a course site but failing to perform the aforementioned actions does not constitute attendance. A grade of “FA” will be assigned for any course from which the student is administratively withdrawn.
Under extenuating circumstances, a student may petition, in writing, the Vice President of Instruction, for reinstatement in the course upon demonstrating the capacity and likelihood of satisfactorily completing requirements as indicated on the course syllabus. The Vice President, upon consultation with the instructor and/or Dean/Program Head, will make a decision regarding reinstatement into the class. Reinstatement will only be considered when the absence was due to unforeseeable and uncontrollable circumstances. Tuition refunds or credits will not result from an administrative withdrawal.
D. A student’s absence while participating in a College-sponsored or approved activity will be considered an excused absence for participating students. Such excused absences will not be considered in the student’s class attendance for drop purposes, nor will excused absences be included in the determination of a grade for “participation” of which class attendance is a part. The responsibility for making up class work rests entirely with the student. All assignments, tests, labs, class time and final exams to be missed due to College sponsored or approved activity will be rescheduled prior to the excused absences or otherwise rescheduled at the discretion of the instructor.
E. A student must be present for at least eighty percent (80%) of a curriculum class to be counted in attendance for that class. Some classes/programs have stricter attendance requirements than the 80% minimum. Information on attendance requirements will be included on the course syllabus.
In instances of extraordinary circumstance, the Vice President, with recommendation of the appropriate Dean/Program Head, may grant exceptions to the minimum attendance requirements.
F. The College provides reasonable accommodations, including a minimum of two (2) excused absences each academic year, for religious observances required by the faith of the student. Such reasonable accommodations must be requested in accordance with the procedures for this Policy and include the opportunity for the student to make up any tests or other work missed due to an excused absence for a religious observance. An accommodation request imposes responsibilities and obligations on both the College and the student requesting the accommodation. College faculty are required, as part of their responsibility to their students and the College, to adhere to this Policy and ensure its full and fair implementation by reasonably accommodating students’ religious practices or beliefs. Regardless of any accommodation that may be granted, College students are responsible for satisfying all academic objectives, requirements and prerequisites as determined by their instructor and the ollege.
1. Academic year: The sequence of fall, spring and summer semesters.
2. Reasonable accommodation: Any change in an academic course or program of study with respect to the way tasks or responsibilities are customarily done that enables a student to observe his/her religious practice or belief without creating an undue hardship.
3. Religious practice or belief: A practice or observance that is sincerely held within the tenants of that religious belief.
4. Undue hardship: An accommodation that would require significant expense or difficulty for the College or would result in the inability of the student to perform an essential function of his or her course/program of study. The determination of undue hardship is dependent on the facts of each individual situation.
Adopted: January 8, 2020
Legal Reference: N.C.G.S. § 115D-5(u); 1B SBCCC 500.99; 1G SBCCC 200.93
A. A full-time student is a student enrolled in a given semester with twelve (12) or more semester hours of credit. A part-time student is a student enrolled with fewer than twelve (12) semester hours of credit. A freshman is a student who has completed less than half the required credit hours of an associate degree program and a sophomore is a student who has completed more than half the required credit hours of an associate degree program.
B. Part-time students may enroll for individual curriculum courses. Credit earned by such students may be applied to a degree, diploma or certificate depending upon the level of such work.
C. Special credit students who do not wish to apply for a degree, diploma, or certificate program may enroll for individual curriculum courses upon completion of an application for admission only. Special credit students who later wish to enroll in a program of study must complete all admission requirements and declare a program of study. Credit earned as a special credit student may be applied to program requirements, if appropriate.
Adopted: January 8, 2020
Legal Reference: IG SBCCC 100.1
1. A student must complete the Religious Accommodation Form and turn it to his/her instructor(s) prior to the consensus date (10% point) for the class. A student who submits the Form after the census date must show good cause for the late submission and the late submission itself may be taken into account in determining whether the student has a religious practice or belief requiring accommodation and whether granting the request would create undue hardship.
2. The instructor and the student should discuss what a reasonable accommodation should include in all given cases. At a minimum, reasonable accommodations must provide that the student who is absent on days of examinations or class assignments due to a religious observance will have an opportunity to make up the work, without penalty, unless granting the make-up opportunity would create undue hardship.
3. If the instructor and student agree upon a reasonable accommodation, the accommodation is then documented and shall be implemented.
4. If the instructor denies the student request for a reasonable accommodation, or only agrees to provide an accommodation that is unsatisfactory to the student, the student and the instructor will meet with the Department Chair. If the parties cannot reach a consensus, the student may file a written grievance directly to the Vice President of Instruction and Student Services (“Vice President”) within five calendar days after the meeting with the Department Chair. The Vice President shall meet with the student, instructor and Department Chair and hear from all parties regarding the student’s requested accommodations and make a written determination regarding the student’s request. The student may appeal the Vice President’s decision to the President without five (5) calendar days of receipt of the Vice President’s written determination. The President will conduct an “on the record” review and, at the President’s discretion, hear from the parties. The President will render a final decision. Where a timely request is made by the student but denied by the instructor, the grievance process shall be expedited as much as reasonably possible to ensure that a student pursuing a religious accommodation is not unduly disadvantaged by the passage of time.
5. Excused absences from classes or examinations for religious observances will not be counted against any mandatory attendance requirements, but they do not relieve students from responsibility for any part of the course work required during the period of absence. The instructor may appropriately respond if the student fails to satisfactorily complete any alternative assignment or examination.
Adopted: January 8, 2020
The College shall allow any enrolled student who is in the United States Armed Forces who has received temporary or permanent re-assignment as a result of military operations and a National Guard service member placed onto State active duty status during an academic term to be given an excused absence for the period of time the student is on active duty.
A. The College shall provide the student the opportunity to make up any test or other work missed during the excused absence.
B. The College shall give the student the option, when feasible, to continue classes and coursework during the academic term through online participation for the period of time the student is placed on active duty.
C. The College shall give the student the option of receiving a temporary grade of “incomplete” or “absent from the final exam” for any course that the student was unable to complete as a result of being placed on State active duty status; however, the student must complete the course requirements within one (1) semester following their return from action service to avoid receiving a failing grade for the course.
D. The College shall permit the student to drop, with no penalty, any course that the student was unable to complete as a result of being placed on State active duty status.
Adopted: January 8, 2020
Legal Reference: 1B SBCCC 500.1
The College is committed to the principle that regular and punctual class attendance is essential to the student optimizing his/her scholastic achievement and that it is the responsibility of the student to attend class regularly without being tardy. Students who attend the College must attend eighty percent (80%) of the time scheduled for a regular class meeting to be counted present when the class meets.
Tardy shall be defined as a student entering class after the roll is checked or after instruction has begun, and it shall also be defined as a student leaving class early regardless of reason. Thus, if a student is in class for eighty percent = (80%) of the time but less than one hundred percent (100%) of the meeting time, then that student shall be counted tardy. For the purpose of maintaining class attendance, faculty shall count three (3) tardies as one (1) absence.
Adopted: January 8, 2020
I. Student Voluntary Withdrawal from Course(s)
A. Ten Percent (10%) Census Date
1. On-cycle sections (a regularly scheduled course section offered consistent with an academic period): A student may withdraw from an on-cycle section for a partial refund on or before the official ten percent (10%) census date of the semester. On-cycle sections are typically 16- week fall or spring semesters and 8-week summer semesters.
2. Off-cycle sections (a regularly schedule course section that is not offered consistent with an academic period): After an off-cycle course section has begun, a student may withdraw from the section for a partial refund on or before the ten percent (10%) census date of the section. Off-cycle sections operate on a shorter time span than what is typical for the semester. Fall or spring off-cycle sections might include 12-week or 8-week sessions. Summer off-cycle sections might operate on a 4- or 6-week basis.
For more information on tuition/fee refunds, see Policy 6.1.4 – tuition/Fee Refunds. In the case of withdrawal on or before the official ten percent date (10%) date, the withdrawn course(s) will not be included on the transcript.
B. Seventy Five Percent (75%) Date
At any point prior to the seventy five percent (75%) date of the semester, a student may voluntarily withdraw from his/her courses. A student withdrawing prior to the seventy-five percent (75%) date will receive a grade of “W” for each course dropped.
If a student withdraws after the seventy-five percent (75%) date, the instructor will initially determine if the grade received will be a “W” or a “F.” If the instructor has requested the grade of “F” but there are extenuating circumstances (i.e., medical, job relocation, etc.) that have contributed to a student’s decision to withdraw after the seventy-five percent (75%) date, the Vice President of Student Services (“Vice President”) may override the instructor’s grade request and assign the grade of “W.” The option to override the grade of “F” will be discussed with the appropriate instructor prior to either grade being posted to the student’s transcript. The Vice President may require supporting documentation from the student to justify the decision to grant a “W.”
It is the student’s responsibility to officially withdraw from course(s) if he/she cannot meet the requirements of the course. The student should first consult his/her instructor or advisor before withdrawing. Students receiving financial aid should also consult a financial aid advisor before withdrawing. Withdrawing from a course could substantially delay the completion of the student’s program of study and may impact future financial aid eligibility. To officially withdraw, the student must submit a completed withdrawal form to the Enrollment Office.
Students who stop attending any course must officially withdraw from the course in order to ensure that they will not receive a “FA,” a grade indicating that the student has failed the course based on attendance issues. In the case of an official withdrawal submitted by the established deadlines, the student will receive a “W” which will not impact the grade point average but will appear in the student’s official transcript.
All applicable deadlines will be published in the College’s official calendar.
II. Student Involuntary Withdrawal from Course(s)
A. Students who register for a course and do not attend classes prior to ten percent (10%) will be dropped by the instructor.
B. A student must be present for at least eighty percent (80%) of a curriculum class to be counted in attendance for that class. Some classes/programs have stricter attendance requirements than the 80% minimum. Any student who exceeds the number of allowable absences based on the attendance policy for that class will be unofficially withdrawn from the class by the instructor; a grade of “FA” will be assigned. Students who officially withdraw from a class prior to the seventy-five percent (75%) point of the semester may receive a grade of “W” rather than “FA” if approved by the Vice President, after consultation with the instructor. Information on attendance requirements will be included on the course syllabus.
C. Students may be involuntarily withdrawn from courses for disciplinary reasons subject to the student discipline policies.
D. Students may be involuntarily withdrawn from courses where their continued presence creates a threat to the health and safety to self and/or others. A student may appeal the decision through the grievance process.
Adopted: January 8, 2020
Any individual may audit a College class based on the following:
A. The individual pays the normal tuition and fees. However, any person who is at least 65 years old may audit non-self-supporting occupational extension courses without the payment of any required registration fee or tuition provided the individual meets the other criteria listed herein. A student may be charged local fees associated with the courses.
B. Auditing students do not take tests or examinations; they do not receive grades, credit or financial aid; and they cannot later change the “audit” to credit.
C. Students auditing a course must meet the same course prerequisite and attendance standards as all other students in the course. Auditing a course will not meet the prerequisite of any sequential or higher-level course.
D. Auditing is subject to open seats in the course; a student who audits a course shall not displace other students seeking to enroll in the course for a grade and credit.
E. Students who audit a course and withdraw or are dropped from the course will be issued a grade of “W.”
F. Students who desire to audit must inform their instructor at the first class session. Students must notify the Registrar during the first week of the semester. Audits appear on the grade report as “AU.”
Adopted: January 8, 2020
Legal Reference: 1D SBCCC 700.1; S.L. 2017-57
I. Student Evaluation.
Methods of evaluation of a student’s work may differ widely from class to class and among faculty members. Evaluation instruments or methods should reflect the objectives of the College and the course being taught. Students will be informed during the first week of class of the requirements for the course, methods of evaluation and the way their final grade will be determined. Each instructor determines the relative value of each evaluation instrument to be used.
II. Grading System.
A letter grade is used to indicate the quality of a student’s work in a course. Grade points are assigned for each letter so that a grade point average can be calculated. The grading system is as follows.
| Grade | Explanation | Quality points per credit hour |
|---|---|---|
| A (90-100) | Outstanding | 4 |
| B (80-89) | Above Average | 3 |
| C (70-79) | Average | 2 |
| D (60-69) | Passing | 1 |
| F (Below 60) | Failure | 0 |
| AP | Advanced Placement | 0 |
| AU | Audit of course | 0 |
| CE | Credit by proficiency exam | 0 |
| CR | Credit (used for developmental DMA/DRE courses) | 0 |
| CT | Credit by transfer | 0 |
| I | Incomplete | 0 |
| IP | In progress | 0 |
| NG | No grade issued by instructor | 0 |
| P | Passing (developmental courses) | 0 |
| P1 | Passing Tier 1 - transition courses | 0 |
| P2 | Passing Tier 2 - transition courses | 0 |
| P3 | Passing Tier 3 - transition courses | 0 |
| R | Re-enroll (used for developmental DMA/DRE courses) | 0 |
| RA | Re-enroll (due to non-attendance of DMA/DRE courses) | 0 |
| S | Satisfactory Progress | 0 |
| SR | Senior citizen adult | 0 |
| TP1 | Transfer credit of Tier 1 – transition courses | 0 |
| TP2 | Transfer credit of Tier 2 – transition courses | 0 |
| TP3 | Transfer credit of Tier 3 – transition courses | 0 |
| U | Unsatisfactory Progress | 0 |
| W | Official or Administrative Withdrawal | 0 |
| WE | Emergency Withdraw | 0 |
| * | An asterisk immediately following a grade indicates that the grade was not included in the totals for GPA calculation. | 0 |
Marks of AU, CE, and CT are not considered as credit hours attempted nor are quality points awarded. The marks of CE and CT will result in the recording of proper credit hours according to the course’s assigned value.
A grade of incomplete (I) grade will be given when circumstances justify additional time to complete the course. A grade of incomplete not removed by the end of the succeeding term will be changed to an “F” unless the instructor grants additional time. A grade of incomplete will not be considered for credit hours attempted until the grade is changed by the instructor or is reverted to an “F” due to lack of proper action by the student. The student will be informed of variations in the grading system during the first week of class. Exception: Special Credit students may be given a grade of W (withdrawal) on the course(s) without officially withdrawing.
Adopted: January 8, 2020
I. Student Expectations of Faculty
The College faculty pledges to provide the highest level of service possible to all of its students all of the time. To this end, it is reasonable for students to expect that faculty will:
A. Provide a syllabus that outlines the content and objectives of the course and spells out the instructor’s grading and attendance policies.
B. Be a professional who will treat each student respectfully, equally and honestly.
C. Start class on time, be prepared and use effective teaching strategies to promote learning of the subject material activities for the full time allotted for all classes.
D. Strive to create a positive environment in which students may pursue learning.
E. Be accessible and approachable.
F. Provide timely and consistent feedback regarding student progress.
G. Provide reasonable assistance on an individual basis as may be necessary and
appropriate.
H. Preserve the academic integrity of the course.
II. Faculty Expectations of Students
The College is an institution for adult learning. It is a partnership between instructors with the desire to teach and students with the desire to learn. To this end, faculty believe it is reasonable to expect that students will:
A. Treat other students and faculty with respect and treat the classroom as a professional environment.
B. Accept the challenge of collegiate studying, thinking, and learning.
C. Anticipate that the level and quantity of work in some courses will exceed prior experiences.
D. Be informed about instructors’ policies presented in the course syllabus, as well as the College’s policies and procedures.
E. Attend all classes, except when emergencies arise.
F. Adhere to class start times and end times that are prescribed.
G. Be an active participant in class.
H. Study course material routinely.
I. Refrain from any behavior that may distract others.
J. Silence all cell phones, pagers and other communications devices in every class.
K. Use the Internet for valid, academic purposes while in any campus computer lab.
L. Transact personal business with the instructor (such as asking him or her to sign forms) before instruction begins or after class.
M. Do not compromise or surrender your integrity, ethics or morals.
Adopted: January 8, 2020
This Policy shall apply to grade appeals unrelated to issues pertaining to the Code of Student conduct. The grade appeal process applies only to final course grades. In the event a student appeals a grade that prevents progression in a program, the student will be allowed to enroll and attend the following semester pending the outcome of the appeal. For sequential classes that have a clinical component, the student will be allowed to take the academic coursework, but will not be allowed to participate in the clinical component of the class until the appeal is over. If the grade is upheld, the student will be administratively dropped from the course and refunded the tuition.
A. If a student is dissatisfied with his or her grade, the student must first meet with the instructor who assigned the grade and request that the instructor review the basis for the grade. In cases where the student is unable to meet in person with the instructor, the student may contact the instructor by letter or email. If the disagreement about the grade is resolved in this discussion, grade change action, where needed, must originate through the instructor. If the instructor is no longer employed at the College, the student may proceed to step two.
B. If the student is still dissatisfied with the instructor’s determination, the student may present his/her case in writing to the appropriate Dean or Program Head. The Dean/Program Head will make a written determination and provide it to the student.
C. If the student remains dissatisfied, a final review may be made by the Vice President of Instruction, in consultation with the Vice President of Student Services and/or all individuals involved. If the grade is declared invalid and set aside, the student may be given a comprehensive examination by the department involved to establish a grade.
The right to contest a grade expires at the end of the term following the one in which the grade was assigned. The time limit will be waived only in unusual circumstances.
Adopted: January 8, 2020
Each student is expected to maintain satisfactory academic progress toward a degree, diploma or certificate. At the end of each term, a student’s term and cumulative GPA are reviewed. Special standards of progress for Associate Degree Nursing, Dental Assisting, Medical Assisting, and Practical Nursing students are published in the respective handbooks for these majors. Special standards are also in place for the Gunsmithing program; the standards are published in the program handbook. Standards for students enrolled in any of these programs supersede standards for students enrolled in other programs at MCC
A. Academic Alert: If a student’s GPA falls below 2.0, the student will be placed on academic alert. Academic alert is a non-punitive intervention that serves to alert the student, the counselors, and instructors to potential academic issues. Students on academic alert must discuss their academic status with their faculty advisor or other designated college representative. If the term GPA improves at the end of the next term, the student returns to a good standing status.
B. Academic Probation: A student whose term GPA remains below a 2.0 for two consecutive terms will be placed on academic probation. Students on academic probation are required to consult with the counselor or other designated college representative and may be required to reduce their course load, repeat courses, or register for foundational studies classes to strengthen their educational background. Students failing to see a counselor or designated college representative by the end of the term in which they are notified of probationary status will not be allowed to re-enroll for the next term. Students may remove themselves from academic probation by reestablishing the minimum GPA standing for credit hours attempted.
C. Academic Suspension: A student whose term GPA remains below a 2.0 for a third consecutive term will be placed on academic suspension for one term. Students on suspension may register for Continuing Education courses, but may not register for curriculum courses during the suspension period unless approved by the counselor after consultation with the student’s program advisor. At the discretion of the counselor and with concurrence of the advisor, students may request a waiver of the one term suspension to continue their studies. The counselor and advisor will review the reasons for the request and determine if a waiver is justified. Suspended students who request and receive approval to register must adhere to the requirements established by the counselor.
Adopted: January 8, 2020
The primary purpose of prerequisites and corequisites is to ensure that students possess the necessary skills to be academically successful for subsequent coursework. While successful completion of prerequisites/corequisites is the traditional way students demonstrate readiness, in exceptional circumstances, students may acquire requisite skill or knowledge through other means. In such cases, prerequisites/corequisites may be waived with appropriate approvals and permission by the Vice President of Student Services. Documentation of the approved waiver will be maintained on file.
Adopted: January 8, 2020
Legal Reference: 1D SBCCC 400.8; Numbered Memo CC06-269
I. REPEATING COURSES
A. Curriculum Courses
Curriculum courses with earned grades of “D” or “F” may be repeated. Courses with earned grades of “C” or higher may be repeated as long as repetition of the course does not conflict with other established policies. When courses are repeated, the highest earned grade and hours will be computed in the cumulative grade point average. The first course (grade and hours) will be shown on the transcript and will not be included in the cumulative grade point calculations.
B. Extension Education Courses Students may enroll in extension education courses as many times as necessary to accomplish their individual educational/training goals provided they continue to show progress, do not prohibit others from participating, are willing to pay fees, and do not violate North Carolina Community College System policy. Extension Education programs/courses are designed to enable participants to progress, at their individual achievement rates, in gaining knowledge and skills in specific educational areas.
II. COURSE SUBSTITUTIONS
When it is determined to be in the best interest of the student’s declared educational objective, appropriate courses may be substituted for other courses for graduation purposes. Necessary course substitutions within the major field (courses reflecting the prefix of the student’s major curriculum) require the approval of the Vice President of Instruction (“Vice President”). Course substitutions from curriculums outside the student’s major area, which have been made for the purpose of addressing the general education or related course requirements, must be approved by the department Dean or Program Head. The Vice President and/or appropriate Dean must notify the Registrar in writing of all applicable course substitutions on an individual student basis.
Adopted: January 8, 2020
The College may award Credits for Prior Learning (“CPL”) as designated by law and state regulations for the following prior learning methods:
The College may award curriculum CPL when the documentation of prior learning meets or exceeds a demonstration of learning outcomes at the College’s standards for awarding credit for the corresponding curriculum course. The College shall award CPL in a manner consistent with State Board regulations.
To be eligible to receive CPL, students must 1) meet all admission requirements for their program of study; 2) be enrolled in a curriculum program to which the credit will directly apply; and 3) request a prior learning assessment consistent with Procedure 5.2.9.1.
A. Credit Through Apprenticeship*
The College shall award CPL based on statewide articulation as approved by the Curriculum Course Review Committee for related instruction provided by external entities for registered apprenticeship programs. All apprenticeships must be approved and registered with the North Carolina State Apprenticeship Agency through ApprenticeshipNC.
The College, participating employer, and North Carolina Community College System shall cooperatively put together an apprenticeship agreement that will require at least 2,000 hours of on-the-job learning plus an additional amount of classroom instruction.
Upon successful completion of a registered apprenticeship, the individual will receive work-based learning course credit.
B. Credit Through Certification and Licensures
Students seeking CPL via industry recognized and/or state regulated credentials will complete a request form for a prior learning assessment, attach supporting documentation that substantiates credential attainment, and submit it to the designated college official or office for consideration.
Designated faculty/staff should review the request form and supporting documentation to determine whether the student is eligible to receive academic credit.
Students are responsible for providing evidence of their valid (non-expired) certification(s) which must have been issued within five (5) years prior to their request for articulated credit. Students must be enrolled in the associated program to receive course credit.
C. High School to Community College Articulation Agreement Credits
North Carolina Department of Public Instruction high school courses that are listed in the High School to Community College Articulation Agreement are eligible for Combined Course Library curriculum course credit. Transcripts of high school courses must be submitted to the College.
D. Military Education and Training
Servicemen and veterans may be awarded college credit for service schools they have attended. The service schools must be accredited by a regional accrediting agency. Before applying for credit, contact the service school(s) and ask them to which regional accrediting agency they belong. Contact Student Services for more information.
E. Standardized Examinations
The college may award CPL credit for the following standardized examinations:
F. Requesting Challenge/Proficiency Examination
CPL may be awarded through examinations created and administered by academic units that offer the course. The examination is constructed to allow the student to demonstrate mastery of the learning outcomes of the course.
If a department offers credit by examination, no eligible student can be refused the opportunity to take the exam for course credit. A student must meet all pre-requisite requirements before they are eligible to take the challenge/proficiency examination for a course.
Students meeting challenge exam eligibility requirements, as provided by the State Board, state and federal law, and this policy, are responsible for submitting a challenge examination request.
As defined in the State Board of Community Colleges Code, developmental courses, supplemental courses, and courses including clinical practice are not eligible for challenge exams/proficiency.
G. Portfolio assessment Process
CPL may be awarded through a portfolio assessment process managed by an academic department of the College. A portfolio is “a formal communication” presented by a student as a request for prior learning credit.
Prior learning assessment by portfolio assessment will follow a course-equivalency credit model. Students demonstrate college-level learning by submitting a portfolio consisting of an organized collection of evidence that demonstrates mastery of the learning outcomes of a specific course offered at the College.
To submit a portfolio for assessment, students must contact the department offering the course and follow the schedule established by the department. Courses eligible for credit by portfolio assessment are determined by the department. All portfolio assessments will be completed by discipline-appropriate faculty trained in assessing portfolios for credit. Departments offering prior learning assessment by portfolio will establish rubrics to guide faculty assessment and scoring.
H. Credit Through Public Safety Training Prefix Courses
Courses in the Combined Course Library with a Public Safety Training (PST) prefix may be used for awarding prior learning credit for industry-recognized public safety training and/or credentials.
Credit shall be considered for public safety training that meets the criteria outlined in the Public Safety Training course descriptions as listed in the Combined Course Library.
Official documentation from the training provider or credentialing entity shall be provided to the College to validate the training.
*ApprenticeshipNC is responsible for implementing equal opportunity standards relating to apprenticeship, and the State Board of Community Colleges has incorporated and adopted federal regulations in Title 29, Part 30 of the Code of Federal Regulations to implement equal opportunity in apprenticeships. Consult with your local attorney if you have questions about federal apprenticeship compliance obligations.
Adopted: January 9, 2022
Legal Reference: N.C.G.S. § 115D-5; 1D SBCCC 800.1; 4A SBCCC 100.1; 4B SBCCC 100.1
The following is an overview of basic student rights. For more specific information concerning these and other rights, students are directed to review the specific policy or procedure dealing with the issue of concern. The provisions and language contained in specific policies and procedures control over this Policy.
A. Students are free to pursue their educational goals. The College shall provide appropriate opportunities for learning in the classroom and on the campus. Student performance will be evaluated solely on an academic basis and not on opinions or conduct in matters unrelated to academic standards. For more information regarding attendance and academic standards, see polices contained in the Policy Manual, Section 5.2 – Attendance and Academics.
B. Students have the right to freedom of expression, inquiry and assembly without restraint or censorship, subject to reasonable and non-discriminatory rules and regulations regarding time, place and manner. For more information, consult Policy 2.3.5 – Campus Free Speech, Distribution of Material and Assembly.
C. Students have the right to inquire about and to propose improvements in policies, regulations and procedures affecting the welfare of students through established student government procedures, campus committees and College offices.
D. The Family Educational Rights and Privacy Act of 1974 (“FERPA”) provides safeguards regarding the confidentiality of and access to student records and the College shall adhere to the FERPA laws and regulations. Students and former students have the right to review their official records and to request a grievance if they challenge the contents of these records. No records shall be made available to unauthorized personnel or groups outside the College without the written consent of the student involved or if a legal exception applies. For more information, consult Policy 5.4.3 – Student Records – FERPA.
E. No disciplinary sanctions, other than temporary removal from class or activity (only for duration of said activity) may be imposed upon any student without due process. For more information concerning student due process rights with respect to disciplinary situations, consult Policy 5.3.2 – Student Code of Conduct.
F. Students have the right to voluntarily withdrawn from courses under certain criteria.
For more information, consult Policy 5.2.2 – Withdrawal from Courses.
G. Students have the right to be free from discrimination, harassment and sexual violence while attending the College and accessing the College’s programs and opportunities. For more information, consult Policy 5.3.4 Discrimination and Harassment.
Adopted: January 8, 2020
The College makes every effort to maintain a safe and orderly educational environment for students and staff. Therefore, when, in the judgment of College officials, a student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken to restore and protect the sanctity of the community.
Students are expected to conduct themselves in accordance with generally accepted standards of scholarship and morality. The purpose of these standards is not to restrict student rights but to protect the rights of individuals in their academic pursuits.
The following regulation sets forth offenses for which disciplinary proceedings may be initiated. Violation of one or more of the following code provisions may result in one of the sanctions described in Procedure 5.3.2.1 – Discipline and Appeals Procedures for Academic-Related Violations and/or Procedure 5.3.2.2 – Discipline and Appeals Procedures for Non-Academic Related Violations.
I. Academic-Related Violations
A. Plagiarism – The intentional theft or unacknowledged use of work or ideas of another person or produced by artificial intelligence. Plagiarism includes, but is not limited to: a) paraphrasing or summarizing another’s words or works without proper acknowledgement; b) using direct quotes of material without proper acknowledgment; or c) purchasing or using a paper or presentation written or produced by another person or by artificial intelligence. If a student is uncertain about what constitutes plagiarism, he/she should discuss with the class instructor.
B. Cheating – Receiving or giving another student any unauthorized information or material during or after a quiz, test, exam or assignment; using course textbooks or other class documents to look up answers; using tools such as calculators or language translators; working with others, either virtually or in-person; or using internet sources, artificial intelligence (AI) websites (such as ChatGPT or Google Bard) or search engines to complete a quiz, test, exam, project or assignment without prior approval from the instructor.
C. Aiding Acts of Academic Dishonesty – Providing information to another student when it is known, or when there is a reasonable expectation of knowing, that the student intends to use the information for cheating or other deceptive purposes.
II. Non-Academic Related Violations
A. Theft and Property Damage – Students shall not steal or damage College property or another individual’s property. Students who are caught stealing or damaging said property will be required to make restitution and may be eligible for civil or criminal prosecution as well as College discipline.
B. Trespass to Property – Students are trespassing if in an unauthorized area of the College campus; present on the College campus after closing hours (without permission); or remaining on the College campus after having been directed to leave by a College official.
C. Drugs and Alcohol – Students shall not unlawfully possess, use, be under the influence of, manufacture, dispense, sell or distribute alcohol, illegal or unauthorized controlled substances or impairing substances at any College location. For more specific information, see Policy 5.3.5 – Students – Alcohol and Drugs on Campus. In addition, students may not use tobacco of any form or e-cigarettes on campus.
D. Lewd and Indecent Behavior – Students shall not engage in lewd or indecent behavior, including public physical or verbal action or distribution of obscene material based on reasonable community standards. The conduct must be objectively severe or pervasive enough that a reasonable person would agree that the conduct constitutes lewd and/or indecent behavior.
E. Mental/Physical Abuse – Students shall not mentally or physically abuse any person on the College premises or at a College-supervised function, including verbal or physical actions which threaten or endanger the health or safety of any such persons.
F. Assault – Students shall not assault or threaten to assault another person for any reason whatsoever. Assault includes a demonstration of force, unlawful physical touching or striking.
G. Sexual Harassment and Sexual Violence. Students shall not engage in sexual harassment and/or sexual violence. For more specific information and definitions of prohibited activities, consult Procedure 5.3.4.1 – Sexual Harassment and Sexual Violence.
H. Unlawful Discrimination. Students shall not engage in unlawful discrimination. For more specific information and definitions of prohibited activities, consult Procedure 5.4.3.2 – Unlawful Discrimination.
I. Communicating Threats – Students shall not verbally, in writing, through a third party or by any other means threaten to physically injure another person or that person’s child, sibling, spouse or dependent, or willfully threaten to damage the property of another.
J. Bullying – Students shall not intimidate or threaten with harm any other individual. Bullying is defined as any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication that takes place on the College premises or at any College sponsored function that: (a) places a person in actual and reasonable fear of harm to his or her property; or (b) creates, or is certain to create, a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits or a College’s employee’s ability to perform the essential functions of his/her job.
K. Disorderly Conduct and Disruption – Students shall not obstruct or disrupt any teaching, research, administration or disciplinary proceedings, or other College activities, including public service functions, and other duly authorized activities on or off College premises. Students shall not occupy or seize, in any manner, College property, a College facility or any portion thereof for a use inconsistent with prescribed, customary, or authorized use. Students shall not participate in or conduct an assembly, demonstration or gathering in a manner which threatens or causes injury to person or property; which interferes with free access to, ingress or egress of College facilities; which is harmful, obstructive or disruptive to the educational process or institutional functions of the College; hold rallies, demonstrations, or any other forms of public gathering without prior approval of the College based on reasonable time, place and manner restrictions; remain at the scene of such an assembly after being asked to leave by a representative of the College staff.
L. In accordance with Policy 2.1.3, students are legally prohibited from carrying a weapon onto campus unless a legal exception applies. For purposes of this policy, a “weapon” includes firearms, explosives, BB guns, stun guns, air rifles or pistols, and certain types of knives or other sharp instruments. (see N.C.G.S. § 14-269.2). The prohibition does not apply if the weapon is on campus pursuant to one of the reasons listed in N.C.G.S. § 14-269.2(g) or is considered instructional supplies. It is the individual’s responsibility to know and understand the law prior to bringing any weapon onto campus. Failure to follow the law, regardless of the person’s intent, will result in appropriate disciplinary action and a referral to local law enforcement. It is permissible for an individual to bring a handgun onto campus under the following limited circumstances: A. The firearm is a handgun; AND B. The individual has a valid concealed handgun permit (or is exempt from the law requiring a permit); AND C. The handgun remains in either: a closed compartment or container within the locked vehicle of the permit holder; or a locked container securely affixed to the locked vehicle of the permit holder; AND D. The vehicle is unlocked only when the permit holder is entering or exiting the vehicle; AND E. The handgun remains in the closed compartment or container at all times except for a reasonable amount of time for the person to transfer the handgun from the closed compartment or container to his person or from his person to the closed compartment or container. F. Students may be allowed to bring weapons on campus as part of an approved class project if they have obtained and can provide prior permission from the class instructor. In such events, all Montgomery Community College policies and determined procedures must be followed by the student. Firearms (and other weapons prohibited on campus) may not be stored or transported in College-owned or rented vehicles except for instructional purposes.
M. Tampering with Fire Alarms – Setting off a fire alarm or using or tampering with any fire safety equipment, except with reasonable belief in the need for such alarm or equipment, may result in disciplinary action.
N. Gambling – Students may not gamble on campus or at any College-affiliated activities or events.
O. Traffic Violations – Students shall not violate College regulations regarding the operation and parking of motor vehicles.
P. Providing False Information – Students shall not present to the College or its employees false information as part of an investigation, inquiry, hearing or in other matters related to College activities; neither may a student knowingly withhold information which may have an effect on their enrollment or their status with the College.
Q. Disobedience/Insubordination – Failure to comply with instructions of College officials acting in performance of their duties may result in disciplinary action. Failure to adhere to the terms of any disciplinary action already in place may result in additional reprimands.
R. Financial Impropriety – Financial impropriety such as failure to pay College levied fines, failure to repay College-funded loans, misuse or failure to properly account for club or student organization funds, or the passing of worthless checks, drafts or orders to College officials may result in disciplinary action.
S. Public Laws – Violations of any federal, state or local laws occurring while on campus may lead to legal actions as well as College discipline. Violations of federal, state or local laws occurring off campus may result in disciplinary action if the student’s continued presence on campus constitutes a threat to the safety and order of the campus.
T. Failure to Report Criminal Activity – Failure to inform the College, in writing, within five (5) days after he or she is convicted for violation of any federal, state, or local criminal drug statue or alcoholic beverage control statute where such violation occurred while on a College location may result in disciplinary action. For more information, see Policy 5.3.5 – Student Alcohol and Drugs on Campus.
U. Unauthorized Access to College Records – Students may not access, view, copy or change official College records without expressed authority to do so.
V. Animals on Campus – Students may not have an animal of any kind on campus. This includes animals left within a vehicle. Services animals are permitted and any student with a service animal should report the use of a service animal to the College’s Disability Services Coordinator. For more information regarding service animals, see Policy 5.4.5 – Service Animals and Other Animals on Campus
W. Improper Use of the College Network/Technology – Students are prohibited from engaging in any activities prohibited under Policy 7.2 – Internet and Network Acceptable Use.
X. Violation of Policies and Procedures – Students are expected to be familiar with the College’s policies and procedures. Students may be disciplined for failure to follow the College’s policies and procedures.
Y. Violations of Normal Classroom Behavior – Not complying with reasonable rules issued by an instructor, causing disruption in the classroom or being disrespectful to classmates or the instructor may result in disciplinary action. The conduct must be objectively severe or pervasive enough that a reasonable person would agree that the conduct is disruptive or disrespectful not based on content or viewpoint discrimination.
Z. Student Assessment Team – Not complying with a recommendation or directive of the Behavioral Intervention Team pursuant to Policy 5.3.3 Behavioral Intervention may result in disciplinary action.
Adopted: January 8, 2020
Revised: October 11, 2023
I. OVERVIEW
The Vice President for Student Services (“Vice President”) is responsible for implementing student discipline procedures for academic dishonesty. The College is committed to providing an excellent educational experience for all students. Academic integrity is an essential component to this level of education. The academic penalty for academic-related violations should be clearly stated by the instructor in each course syllabus and review at the beginning of the first class meeting.
These procedures only apply to academic-related violations, outlined herein and defined in Policy 5.3.2 Standards of Student Conduct. For non-academic violations, see Administrative Procedures 5.3.2.2.
II. SANCTIONS FOR VIOLATIONS
The following sanctions may be imposed for academic violations:
A. Re-complete the assignment;
B. Additional course work;
C. Loss of credit for the assignment; or
D. Loss of credit for the class.
III. INSTRUCTOR’S INVESTIGATION AND DETERMINATION
A. INSTRUCTOR’S INVESTIGATION
An instructor suspecting an incident of an academic-related violation shall follow these steps to address the concern:
1. The instructor suspecting the alleged violation shall first present concerns to the student and provide an opportunity for the student to explain or refute the concerns.
2. The student will be allowed to comment on the evidence or to present evidence to clarify the issue in question.
3. Based on the evidence presented and the student’s comments, the instructor shall determine whether or not an academic-violation has occurred. This determination will result in one of the following findings:
a. An academic-related violation did not take place and the issue is resolved.
b. An act of academic dishonesty did occur in the instructor’s opinion.
B. INSTRUCTOR’S DETERMINATION
The instructor will communicate his/her findings via email to the student’s official College email address within five (5) business days of the initial meeting with the student. If an email address is not available, the instructor shall send his/her written findings to the student’s mailing address on record with the College. The findings must contain, with specificity, the evidence supporting the instructor’s determination. The instructor shall also inform the student of the imposed academic sanctions. The sanction will remain in place unless modified or overturned on appeal.
IV. APPEAL PROCEDURES
A. APPEAL TO THE VICE PRESIDENT
1. A student who disagrees with the instructor’s decision may appeal to the Vice President. This appeal must be submitted in writing within three (3) business days of receipt of the instructor’s decision and describe, with specificity, why the student believes the instructor’s findings to be in error.
2. The Vice President will conduct an “on the record review” examining the instructor’s written findings and student’s written appeal. The Vice President may require the student, the instructor and any other necessary party to provide additional documents as needed, including written statements, or provide written clarification to submitted documents.
3. After considering the evidence presented, the Vice President will affirm, modify or overturn the instructor’s decision.
4. The Vice President will inform the student via the student’s official College email address of the decision within ten (10) business days of the receipt of the student’s appeal. If an email address is not available, the instructor shall send his/her written findings to the student’s mailing address on record with the College.
5. The Vice President’s decision is final.
Adopted: January 8, 2020
I. OVERVIEW
The Vice President for Student Services (“Vice President”) is responsible for implementing these Procedures.
These Procedures apply to non-academic violations defined in Policy 5.3.2 – Student Code of Conduct. For academic-related violations, see Procedure 5.3.2.1 – Discipline and Appeal for Academic Violations. For issues regarding sexual harassment and sexual violence, see Procedure 5.3.4.1 – Sexual Harassment and Sexual Violence and for issues related to other forms of unlawful discrimination, see Procedure 5.3.4.2 – Unlawful Discrimination.
II. SANCTIONS FOR VIOLATIONS
The following sanctions may be imposed for non-academic violations:
A. Reprimand. A reprimand is written communication which gives official notice to the student that any further disciplinary offense will carry heavier penalties because of this prior infraction.
B. Disciplinary Probation. Disciplinary probation results in loss of good standing and becomes a matter of record. While on disciplinary probation, the student will not be eligible for initiation into any local or national organization and shall not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publication or activity. This sanction prohibits the student from officially representing the College or participating in any extracurricular activities including intramural competitions. Disciplinary probation will be in effect for not less than two (2) semesters including the current semester. Any further disciplinary offenses while under disciplinary probation will result in the student’s immediate suspension.
C. Restitution. Restitution is paying for damaging, misusing, destroying or losing property belonging to the College, College employees or students. Restitution may take the form of financial payment or appropriate service to repair or otherwise compensate for such damages.
D. Withholding Academic Records and/or the Right to Register. Withholding transcripts, diplomas or the right to register or participate in graduation ceremonies is imposed when a student’s financial obligations are not met or the student has a disciplinary case pending final disposition.
E. Temporary Suspension. Temporary suspension is the exclusion from all College property and all College activities pending the resolution of a disciplinary proceeding.
F. Disciplinary Suspension. Discipline suspension is the exclusion from all College property and all College activities for a specified period of time. This sanction is reserved for those offenses warranting discipline more severe than disciplinary probation. A student under disciplinary suspension must receive specific written permission from the Vice President before returning to campus. Disciplinary suspension appears on the student’s academic transcript.
G. Expulsion. Expulsion is dismissing from the College. The student may be readmitted to the College only with the approval of the President. Expulsion appears on the student’s academic transcript.
H. Group Probation. Group probation is given to a College club or other organized student group for a specified period of time. If group violations are repeated during the term of probation, the charter may be revoked or activities restricted.
I. Group Restriction. Group restriction is removing College recognition during the semester which the offense occurred, or for a longer period (usually not more than one other semester). While under restriction, the group may not seek to add members, hold or sponsor events in the College community or engage in other activities as specified.
J. Group Charter Revocation. Revocation is the removal of College recognition for a group, club, society or other organization for a minimum of two (2) years. Recharter after that time must be approved by the President.
In addition to the above stated sanctions, the College may require counseling. The student may be required to attend one or more counseling sessions with a licensed professional counselor. The student may be required to complete counseling before returning to the College after a period of suspension or expulsion. The student must provide written documentation from the licensed professional that the requirement has been met. Additionally, if required by the Vice President, the student must also provide a statement from the licensed professional that the student is able to return to class based on his/her professional judgment. The student may be referred to the College’s licensed professional counselor at no charge or elect to use his/her own licensed professional counselor and bear the cost.
III. IMMEDIATE REMOVAL FROM CAMPUS
If an act of misconduct threatens the health, safety or well-being of any member of the academic community and/or seriously disrupts the function and good order of the College, an instructor will immediately notify any College Vice President or Dean who will immediately meet with the student and direct the student to cease and desist such conduct and advise the student that failing to cease and desist will result in an immediate removal from campus. If the student(s) fails to cease and desist, or if the behavior is such that the student(s) needs to immediately be removed from campus, the College Vice President or Dean may then immediately have the student(s) removed from campus.
The College Vice President or Dean invoking the removal shall notify the Vice President in writing of the student involved and the nature of the infraction as soon as possible but no more than one (1) working day following the incident. Upon receipt of the College Vice President or Dean’s written notice, the Vice President shall meet with the student as soon as possible to allow the student to present his/her side. If, in the Vice President’s opinion, the student behavior threatens the health, safety and well-being of the College community, the Vice President shall place the student on temporary suspension pending the outcome of the disciplinary matter. Temporary suspension may be imposed only: (a) to ensure the safety and well-being of members of the College; (b) to ensure the student’s own physical or emotional safety and well-being; or (c) if the student poses a direct threat of disruption or interference with the normal operations of the College.
IV. DISCIPLINARY PROCEDURES
In order to provide an orderly system for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:
A. Incident Report
Any College employee or student may file written charges with the Vice President against any student or student organization for violations of the Student Code of Conduct. The individual(s) making the charge must complete and submit an Incident Report within five (5) business days of the incident given rise to the alleged violation.
B. Investigation and Determination
The Vice President shall conduct an investigation into the charges and allegations. Within ten (10) business days after receipt of the incident report, the Vice President shall complete his/her investigation of the charges and shall meet with the student (or student representative(s) on behalf of a student organization), present the results of the investigation and provided the student (or student representative(s)) with an opportunity to present his/her side. After discussing the alleged infraction with the student, the Vice President may act as follows:
1. Drop the charges;
2. Impose a sanction; or
3. Refer the student(s) to a College office or community agency for services.
All disciplinary actions should be progressive in nature and should take into account the totality of the situation; however, depending on the severity of the infraction, even first time offenses could result in suspension or expulsion.
C. Notification
The Vice President shall provide the student with his/her written decision and instructions governing the appeal process. Such notice shall be given in person or sent to the student’s College email address or mailing address of record.
V. DISCIPLINARY APPEAL PROCEDURE
A. Appeal to the Disciplinary Review Committee
A student who disagrees with the Vice President’s decision may request an appeal before the Disciplinary Review Committee (“Committee”). This request must be submitted in writing to the Vice President within three (3) working days after receipt of the Vice President’s decision. The Vice President shall refer the matter to the Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student(s) against whom the charge has been filed, and the relevant facts revealed by the Vice President’s investigation. The Vice President’s decision is not tolled pending an appeal.
1. Committee Composition
Membership of the Disciplinary Review Committee shall be composed of the following:
a. Three faculty/staff members appointed by the President.
b. Three student members appointed by the Student Government Association and approved by the President.
c. One administrator appointed by the President to serve as Committee Chairperson who will vote only in case of a tie.
d. At least two faculty/staff members and two students plus the Chairperson must be present in order for the Committee to conduct business.
e. Committee members will serve one (1) year from the beginning of fall semester through summer semester with replacements appointed by the President or SGA if necessary.
2. Committee Hearing Procedures
a. Pre-Hearing Procedural Responsibilities of the Vice President – The Committee must meet within ten (10) working days of receipt of the student’s request for a hearing. At least five (5) working days prior to the date set for the hearing, the Vice President shall send notification to the student(s) with the following information:
i. A restatement of the charge or charges.
ii. The time and place of the hearing.
iii. A statement of the students’ basic procedural rights.
iv. A list of witnesses that the Vice President or designee plans
to present.
v. The names of the Committee members.
At least two (2) days prior to the hearing, the student(s) will provide the Vice President with a witness list and whether or not the student will be represented by legal counsel. Failure to notify the Vice President regarding legal counsel could result in the hearing being continued until such time that the College can have its legal counsel present. Should the College’s legal counsel attend, he/she shall serve as the procedural officer for the hearing.
b. The following due process rights shall apply to the Committee hearing:
i. The right to counsel. The role of the person acting as counsel is solely to advise the student(s). The counsel shall not address the Committee.
ii. The right to produce witnesses on one’s behalf.
iii. The right to request, in writing, the President to disqualify any member of the Committee for prejudice or bias. (The request must contain reasons). A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint replacement to be approved the President.
iv. The right to present evidence.
v. The right to know the identity of the person(s) bringing the charge(s).
vi. The right to hear witnesses on behalf of the person(s) bringing the charge(s).
vii. The right to testify or to refuse to testify without such refusal being detrimental to the student.
c. The following hearing procedures shall apply:
i. Hearings before the Committee shall be confidential and shall be closed to all persons except the following:
• The student(s)
• Counsel(s)
• Committee Members
• Vice President, or designee
ii. Witnesses shall only be present in the hearing room when giving their testimony.
iii. The Vice President, or designee, shall present evidence and witnesses to support his/her decision. Committee members may ask questions to the witnesses.
iv. The student(s) will then have an opportunity to present evidence and witnesses. Committee members may ask questions to the witnesses.
v. Each side will have an opportunity to make a short, closing argument. The hearing will be audio recorded. Recordings will become the College’s property and access to the recordings will be determined by the Committee Chairperson. All recordings will be filed in the office of the Vice President. The Chairperson shall establish the record at the close of evidence.
vi. Upon completion of a hearing, the Committee shall meet in closed session to affirm, reverse or modify the Vice President’s decision.
vii. Committee decisions shall be made by majority vote.
viii. Within two (2) working days after the hearing, the Chair shall notify the student(s) and Vice President, in writing, with the Committee’s decision.
B. Appeal to the President
If the Vice President or student disagrees with the Committee’s decision, either may request an appeal to the President. This request must be submitted in writing to the President within three (3) working days after receipt of the Committee’s decision. The President will conduct an “on the record review” of the record presented to the Committee. The President shall provide a written decision to the student and Vice President within ten (10) business days from receipt of the student’s appeal.
VI. Student Voluntary Withdrawal
If a student is accused of violating the Student Code of Conduct and voluntarily withdrawals prior to the conclusion of the disciplinary matter without the consent of the Vice President, the student will not be allowed to re-enroll to the College unless reasonable re-entry restrictions, as determined by the President, are satisfied. For students who withdrew prior to a determination regarding alleged misconduct that threatened the health,
safety or well-being of any member of the academic community and/or seriously disrupted
the function and good order of the College, in addition to other reasonable re-entry restrictions, the student must provide proof from a psychiatrist or licensed psychologist, at the student’s expense, that the student no longer poses a direct threat.
Adopted: January 8, 2020
I. Purpose of Student Conduct Review
The College has an obligation to provide a safe place for its students to learn and a safe place for its employees to work. When any College employees or students have a concern about a student’s potential to have a negative consequence on the safety of College employees, other students or themselves, they are encouraged to report the matter to the Vice President of Instruction and Student Services (“Vice President”). If warranted, a Behavioral Intervention Team (“BIT”), a cross-functional multidisciplinary group focused on prevention and early-intervention for students exhibiting concerning behaviors, may be used to address the situation. The following procedures are outlined to guide this process.
II. Procedures for Conduct Review
A. Step One
College employees or students who are concerned about a student displaying elevated levels of distress, disturbance, or dysregulation (e.g. suicidal thoughts or impulses, violent and aggressive impulses, depression, disruptive behavior, physical or sexual abuse) or displaying behavior that poses a direct threat to the health, welfare and safety of the College community are encouraged to contact the Vice President or the College Counselor.
B. Step Two
The Vice President, with assistance from the Counselor, will conduct a review based on the report. During the review, the following items, among other things, shall be considered: (a) the severity of the reported behavior; (b) whether the reported behavior represents a direct threat to the health, welfare and safety of the college’s community; (c) the student’s academic, attendance and discipline records; (d) whether this type of behavior has been reported in the past; and (e) whether or not the reported behavior, if true, violates the Code of Student Conduct. When conducting the review, college staff may: (a) speak with the student; (b) gather additional evidence or information by interviewing members of the college community; (c) compile additional documentation; and (d) review other evidentiary sources.
Based on the result of the conduct review, the Vice President may: (a) treat the matter as a disciplinary action pursuant to Procedure 5.3.2 – Student Code of Conduct, if a violation is believed to have occurred; (b) make a written referral of his/her findings to the BIT for review; or (c) no further action is warranted. If a referral to the BIT is made, the student will be informed in writing concerning the referral; the student and the BIT will receive a copy of the review findings.
III. BIT Review and Determination
A. Membership
Members of the BIT are:
1. Vice President of Instruction and Student Services (Chair)
2. Counselor (Co-Chair)
3. Psychology Instructor
4. Campus Resource Officer
5. Director of Facilities
6. One at-large appointee by Vice President
B. BIT Review
If referred by the Vice President or Counselor, the BIT will review the concern to determine if the speech or behavior in question is creating, or may lead to, an unsafe environment and impede the success of the student in question. The BIT’s report will be based on the nature of the behavior, the severity of the safety risk and the student’s needs.
As a part of this evaluation, the BIT will review the Vice President’s or Counselor’s findings and may meet with the individual(s) bringing forth the concern, witnesses and the student in question. Further, the BIT may request or require that the student be evaluated by outside professional(s) to determine their suitability to be a student at the College. The student will have an opportunity to review any documentary evidence reviewed by the BIT and will be allowed to address the BIT and may be accompanied by an advocate; however, only the student will be allowed to address the BIT and not the advocate.
C. BIT Determination
Upon completion of the review, the BIT will submit their written findings and determination to the student and Vice President. The BIT may include, but is not limited to, the following recommendations in their findings:
1. No action required.
2. Propose a resolution to address miscommunication.
3. Propose an action plan to address concerning behaviors and support student
success.
4. Refer student for an external psychological assessment.
5. Refer the matter to Policy 5.3.2 – Student Code of Conduct to initiate
appropriate disciplinary action if a violation is believed to have occurred. The BIT is not authorized to suspend or involuntary withdraw a student.
A student’s failure or refusal to comply with determination of the BIT as administered by the Vice President of Student Services will constitute a basis to charge the student with an offense under Policy 5.3.2 – Student Code of Conduct and administer according to Procedure 5.3.2.2 – Discipline and Appeal Procedure for Non-Academic Violations.
All documentation associated with each concern addressed will be maintained in the student’s permanent record.
D. Incident Follow-up
If warranted, the BIT, at its discretion, may require periodic follow-ups with the student. The desire and frequency of such follow-ups shall be included in the BIT’s written determination. Failure by the student to participate in required follow-ups may be treated as a disciplinary infraction.
Adopted: January 8, 2020
The College is fully committed to providing a learning and work environment that is free from prohibited discrimination. The College does not practice or condone discrimination based on race, color, national origin, religion, sex, gender, gender identity or expression, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its academic programs and employment practices.
For issues related to sexual and gender harassment, discrimination and violence, see Procedures 5.3.4.1 – Sexual Harassment and Sexual Violence.
For issues related to all other types of unlawful discrimination and harassment, see Procedures 5.3.4.2 – Unlawful Discrimination and Harassment.
This is a cross reference to Policy 3.3.7
Adopted: January 8, 2020
Legal Reference: Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act of 1990; Section 504 of the Rehabilitations Act of 1973; The Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Title II of the Genetic Information Nondiscrimination Act of 2008; Title IX of the Higher Education Amendments of 1972; Lily Ledbetter Act; NC Equal Employment Practices Act; NC Retaliatory Employment Discrimination Act; Jeanne Clery Disclosure Act of Campus Security Policy and Campus Statistic Act of 1990; Campus Sexual Assault Victim’s Bill of Rights of 1992; Violence Against Women Act of 1994; Campus Sexual Violence Elimination Act of 2013.
The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its activities, services and programs based on sex, gender and gender identity1.
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex or gender in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex or gender also includes sexual harassment, stalking, dating and domestic violence, or sexual violence, such as rape, sexual assault, sexual battery, sexual coercion. The College’s Title IX Coordinator has oversight responsibility for handling Sexual Misconduct complaints and for identifying and addressing any patterns and/or systemic problems involving Sexual Misconduct. All allegations involving Sexual Misconduct should be directed to the College’s Title IX Coordinator or, in the case of actions solely between employees, the College’s Director of Human Resources. If the alleged incident involves both an employee and a student, the Title IX Coordinator shall take the lead but shall work cooperatively with the Director of Human Resources.
I. DEFINITIONS
The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Sexual Misconduct”.
The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.
In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.
A. Confidential Employee – is not a Responsible Employee and is not required to report incidents of Sexual Misconduct to the College’s Title IX Coordinator if confidentiality is requested by the student. Campus counselors are considered Confidential Employees. If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before s/he speaks to him/her.
B. Consent – explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent has not been obtained in situations where the individual: i) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.
C. Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship. D. Domestic Violence – crimes of violence against a current or former spouse or intimate partner, a person with whom the student shares a child in common, a person with whom the student cohabitates or has cohabitated as a spouse, a person similarly situated to the student as a spouse, a person who is related to the student as a parent, child or person who is related to the student as a grandparent or grandchild.
E. Rape – as stipulated by the Federal Bureau of Investigation’s (FBI) updated definition in the UCR Summary Reporting System means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This definition includes any sex of victim or Perpetrator. Sexual penetration means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
F. Responsible Employee – a College employee who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX Coordinator or other appropriate designee; or who a student reasonably believes has this authority or duty. The College’s Responsible Employees include all College administrators (Deans, Directors, Coordinators and Vice Presidents). If a student is unsure of someone’s duties and ability to maintain one’s privacy, the student should ask the person before s/he speaks to him/her.
G. Sexual Assault – subjecting any person to contact or behavior of a sexual nature or for the purposes of sexual gratification without the person’s expressed and explicit consent.
H. Sexual or Gender-Based Harassment – unwelcome sexual advances, requests for sexual favors and other verbal, physical, or electronic conduct of a sexual nature that, from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment; involve verbal, physical, or electronic conduct based on a person’s sex, gender, or sex-stereotyping that, from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment, even if those acts do not involve conduct of a sexual nature; or include harassment for displaying what is perceived as a stereotypical characteristic for one’s sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex, gender, gender identity, or gender expression of the person(s) involved.
I. Stalking – engaging in a course of conduct directed to a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress by placing that person in fear of death, bodily injury or continued harassment.
J. Standard of Evidence2 – the College uses clear and convincing as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.
II. REPORTING
A. Reporting to Local Law Enforcement.
Individuals may report Sexual Misconduct directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue College disciplinary action simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether Sexual Misconduct has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must take interim measures when necessary to protect the alleged Complainant and/or the College community. Individuals may choose not to report alleged Sexual Misconduct to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if required or warranted by the nature of the allegations.
B. Reporting to College Officials.
1. Students Complaints.
The College’s Title IX Coordinator oversees compliance with these Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to Sexual Misconduct may do so by reporting the concern to the College’s Title IX Coordinator.
The College’s Title IX Coordinator is:
Morgan Elkins, Title IX Coordinator for Students
For Sexual Misconduct incidents between students and employees, the Title IX Coordinator will work in partnership with the Director of Human Resources to investigate and resolve the allegations.
2. Employee Complaints.
All reports of Sexual Misconduct incidents solely between employees should be reported to the Director of Human Resources.
The College’s Director of Human Resources is:
Mrs. Amy Goodwin, Director of Human Resources
III. INITIAL INVESTIGATION
As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Title IX Coordinator (student/student); 2) the Director of Human Resources (employee/employee); or 3) both (student/employee). For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable.
A. Student Investigation.
1. Students filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Title IX Coordinator shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources. During the course of the investigation, the Title IX Coordinator may consult with other relevant College administrators and the College Attorney.
2. During the investigation, the Title IX Coordinator shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Title IX Coordinator of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
3. During the investigation process, the Title IX Coordinator may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include, but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved parties.
4. A confidential file regarding the complaint shall be maintained by the Title IX Coordinator. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.
5. The Title IX Coordinator shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Title IX Coordinator may have an additional ten (10) calendar days to complete the investigation. The Title IX Coordinator shall notify the parties of this extension.
6. Upon making the complaint, Complainants will be immediately notified that they have the right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining and protective orders. Complainants will also be notified of available counseling services and their options of changing academic situations and other interim protective measures.
B. Employee Investigations
1. Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Director of Human Resources shall fully investigate any complaints. During the course of the investigation, the Director of Human Resources may consult with other relevant College administrators and the College Attorney.
2. During the investigation, the Director of Human Resources shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Director of Human Resources of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
3. During the investigation process, the Director of Human Resources may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The Director of Human Resources may suspend an employee with pay pending an investigation if such action is in the College’s best interest.
4. A confidential file regarding the complaint shall be maintained by the Director of Human Resources. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.
5. The Director of Human Resources shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Director of Human Resources may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.
6. Upon making the complaint, Complainants will be immediately notified that they have the right to seek additional assistance from law enforcement and have the right to seek, among other things, judicial no-contact, restraining and protective orders. Complainants will also be notified of available counseling services and other interim protective measures.
IV. RECOMMENDATION AND APPEAL
A. Students.
1. After the investigation is complete, the Title IX Coordinator will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions, if warranted. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective. The Title IX Coordinator will submit to each party a final outcome letter that will include, but not limited to, the following:
a. Determination if the Respondent is responsible or not responsible for violating these Procedures.
b. Sanctions, if appropriate.
c. Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Title IX Coordinator will assist in this process).
d. Short-term College counseling services available to each party.
2. If the Title IX Coordinator’s recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Title IX Coordinator recommends sanctions that s/he cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:
a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
b. Written notice including the date, time, and location of the hearing will be sent to all parties.
c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided by the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
e. Both parties have a right to a written notice of the hearing outcome.
B. Employees.
1. After the investigation is complete, the Director of Human Resources will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions, if warranted. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following:
a. Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.
b. Sanctions, if appropriate.
c. Monitoring of academic schedules or workplace schedule if needed.
d. Short-term counseling services will be offered to each party.
2. If the Director of Human Resources’ recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Director of Human Resources recommends sanctions that s/he cannot impose (i.e., termination) the matter will automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:
a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
b. Written notice including the date, time, and location of the hearing will be sent to all parties.
c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
e. Both parties have a right to a written notice of the hearing outcome.
C. Sanctioning.
The following sanctions may be imposed for those who have violated these Procedures.
1. Students
a. Verbal or Written Warning
b. Probation
c. Administrative withdrawal from a course without refund
d. Required Counseling
e. No Contact Directive
f. Suspension
g. Expulsion (President must impose)
h. Other consequences deemed appropriate
2. Employees
a. Verbal or Written Warning
b. Performance Improvement Plan
c. Required Counseling
d. Required Training or Education
e. Demotion (President may impose)
f. Suspend with or without Pay (President must impose)
g. Termination (President must impose)
h. Other consequences deemed appropriate to the specific violation
V. PROTECTION AGAINST RETALIATION
The College will not in any way retaliate against an individual who makes a report of Sexual Misconduct in good faith or who assists in an investigation. Retaliation includes, but is not limited to: any form of intimidation, disciplinary action, reprisal or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate action against any employee or student found to have retaliated against another in violation of these procedures.
VI. PROVIDING FALSE INFORMATION
Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Sexual Misconduct.
VII. LIMITED IMMUNITY
The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear that they themselves may be accused of various policy violations. It is in the best interest of this College that as many Complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers Sexual Misconduct Complainants and witnesses amnesty from minor policy violations.
VIII. EMPLOYEE AND STUDENT RELATIONSHIPS
Romantic or sexual relationships between College employees and students are prohibited if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the student, as in a classroom or lab, or is a sponsor for any College activity involving the student, including work study or organizational/club/sport activities. This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships will be subject to disciplinary action up to and including termination of employment. Students engaging in inappropriate relationships may be subject to disciplinary action up to and including expulsion. Romantic or sexual relationships between College employees and students not in an academic relationship that impairs the College employee’s effectiveness, disrupts the workplace/learning environment, and/or impairs the public confidence in the College will be subject to disciplinary action up to and including termination of employment or expulsion from the College.
IX. SUSPENDING PROCEDURES
In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.
X. STUDENT AND EMPLOYEE EDUCATION AND ANNUAL TRAINING
All new students and all employees shall be required to participate in a primary prevention and awareness program that promotes awareness of Sexual Misconduct. This program will be held annually at the beginning of each fall semester.
At this annual training, students and employees must receive training in the following areas:
A. Information about safe and positive options for bystander intervention skills;
B. What “consent” means with reference to sexual activities.
C. Risk reduction programs so students recognize and can avoid abusive behaviors or
potential attacks;
D. How and to whom to report an incident regarding discrimination, harassment and
sexual based violence;
E. The importance of preserving physical evidence in a sexual-based violent crime;
and
F. Options about the involvement of law enforcement and campus authorities, including the alleged victim’s option to: i) notify law enforcement; ii) being assisted by campus authorities in notifying law enforcement; iii) declining to notify law enforcement; and iv) obtaining “no-contact” or restraining orders.
Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online in the College’s website and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator’s office and the Director of Human Resources’ office. Other translations will be made available upon request.
Adopted: January 8, 2020
Legal Reference: Office for Civil Rights, Q&A on Campus Sexual Misconduct (September 2017); Office for Civil Rights, Dear Colleague Letter on Sexual Harassment (Jan. 25, 2006); Office for Civil Right Office for Civil Rights, Revised Sexual Harassment Guidance (66 Fed. Reg. 5512, Jan. 19, 2001)
1 You may consider adding sexual orientation as well.
The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations = and pursuant to College policy, the College prohibits discrimination in its activities, services and programs based on race, color, national origin, religion, pregnancy, disability, genetic information, age, political affiliation or veterans’ status.
I. DEFINITIONS
The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Unlawful Discrimination”.
The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.
In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.
A. Discrimination: any act or failure to act that unreasonably differentiates treatment of others based solely on their Protected Status and is sufficiently serious, based on the perspective of a reasonable person, to unreasonably interfere with or limit the ability of that individual to participate in, access or benefit from the College’s programs and activities. Discrimination may be intentional or unintentional.
B. Harassment: a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the College’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidated or abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the College’s programs and activities. Harassment may include but is not limited to: threatening or intimidating conduct directed at another because of the individual’s Protected Status; ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected Status.
C. Protected Status: race, color, national origin, religion, pregnancy, disability, genetic information, age, political affiliation or veterans’ status.
D. Standard of Evidence1 – the College uses the clear and convincing as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.
II. STATEMENTS OF PROHIBITION
A. Prohibition of Retaliation.
The College strictly prohibits punishing students or employees for asserting their rights to be free from Unlawful Discrimination. Retaliation against any person participating in connection with a complaint of Unlawful Discrimination is strictly prohibited. Reports of retaliation will be addressed through this procedure and/or other applicable College procedures. Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figures or peers, reprisal (acts of vengeance) or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate disciplinary action against any employee or student found to have retaliated against another.
B. Prohibition of Providing False Information.
Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Unlawful Discrimination.
III. REQUESTING ACCOMMODATIONS
A. Students.
Students with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Student Services located in Blair Hall. Information provided by students is voluntary and strict confidentiality is maintained. All requests for accommodations will be considered following the appropriate federal and state laws.
The College will also provide reasonable accommodation of a student’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other students and employees and/or the accommodation does not cause an undue hardship for the College.
B. Employees.
Employees with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Human Resources located in Blair Hall. Information provided by employees is voluntary and strict confidentiality is maintained.
The College will also provide reasonable accommodation of an employee’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other employees and students and/or the accommodation does not cause an undue hardship for the College.
IV. REPORTING OPTIONS
A. Student Complaints.
Any student wishing to make a report relating to Unlawful Discrimination may do so by reporting the concern to the College’s Office of Student Services located in Blair Hall.
For Unlawful Discrimination incidents between students and employees, the Vice President for Student Services will work in partnership with the Director of Human Resources to investigate and resolve the allegations.
B. Employee Complaints.
Any employee wishing to make a report related to Unlawful Discrimination may do so by reported the concern to the College’s Director of Human Resources located in Blair Hall.
V. INITIAL INVESTIGATION
As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Vice President for Student Services, or designee (student/student); 2) the Director of Human Resources, or designee (employee/employee); or 3) both (student/employee). For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable.
A. Student Investigation.
1. Students filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Vice President shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources. During the course of the investigation, the Vice President may consult with other relevant College administrators and the College Attorney.
2. During the investigation, and if applicable to the complaint2, the Vice President shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Vice President of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
3. During the investigation process, the Vice President may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include, but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved
parties.
4. A confidential file regarding the complaint shall be maintained by the Vice President. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.
5. The Vice President shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Vice President may have an additional ten (10) calendar days to complete the investigation. The Vice President shall notify the parties of this extension.
6. Complainants will be notified of available counseling services and their options of changing academic situations and other interim protective measures.
B. Employee Investigations.
1. Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Director of Human Resources shall fully investigate any complaints. During the course of the investigation, the Director of Human Resources may consult with other relevant College administrators and the College Attorney.
2. During the investigation, and if applicable to the complaint, the Director of Human Resources shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Director of Human Resources of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
3. During the investigation process, the Director of Human Resources may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The Director of Human Resources may suspend an employee with pay pending an investigation if such action is in the College’s best interest.
4. A confidential file regarding the complaint shall be maintained by the Director of Human Resources. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under this Procedures.
5. The Director of Human Resources shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Director of Human Resources may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.
6. Complainants will be notified of available counseling services and other interim protective measures.
VI. RECOMMENDATION AND APPEAL
A. Students.
1. After the investigation is complete, the Vice President will put forward a recommendation of finding, based on the Standard of Evidence, and sanction(s) to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective. The Vice President will submit to each party a final outcome letter that will include, but not limited to, the following:
a. Determination if the Respondent is responsible or not responsible for violating these Procedures;
b. Sanction;
c. Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Vice President will assist in this process).
d. Short-term College counseling services available to each party.
2. If the Vice President’s recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Vice President recommends sanctions that s/he cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:
a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
b. Written notice including the date, time, and location of the hearing will be sent to all parties.
c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
e. Both parties have a right to a written notice of the hearing outcome.
B. Employees.
1. After the investigation is complete, the Director of Human Resources will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following:
a. Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.
b. Sanction, if appropriate.
c. Monitoring of academic schedules or workplace schedule if needed.
d. Short-term counseling services will be offered to each party.
2. If the Director of Human Resources’ recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing. If the Director of Human Resources recommends sanctions that s/he cannot impose (i.e., termination) the matter will automatically be set for a hearing. The President will preside over the hearing as the Presiding Officer. The process for the hearing is outlined below:
a. Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
b. Written notice including the date, time, and location of the hearing will be sent to all parties.
c. At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.
d. The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
e. Both parties have a right to a written notice of the hearing outcome.
C. Sanctioning.
The following sanctions may be imposed for those who have violated these Procedures.
1. Students.
a. Verbal or Written Warning
b. Probation
c. Administrative withdrawal from a course without refund
d. Required Counseling
e. No Contact Directive
f. Suspension
g. Expulsion (President must impose)
h. Other consequences deemed appropriate
2. Employees.
a. Verbal or Written Warning
b. Performance Improvement Plan
c. Required Counseling
d. Required Training or Education
e. Demotion (President may impose)
f. Suspend with or without Pay (President must impose)
g. Termination (President must impose)
h. Other consequences deemed appropriate to the specific violation
Adopted: January 8, 2020
1 See the footnote in Procedure 5.3.4.1 – Sexual Misconduct. As stated therein, you can choose a “preponderance of evidence” or “clear and convincing” standard. Whatever you choose for Procedure 5.3.4.1 must also be the same here. Our recommendation is to use the “clear and convincing” standard.
2 The Complainant’s complaint need not necessarily be against a specific individual but could concern an action, policy, procedure or decision by the College that the individual believes constitutes Unlawful Discrimination.
The College is committed to providing each of its students a drug and alcohol-free environment in which to attend classes and study. From a safety perspective, the users of drugs or alcohol may impair the well-being of students, interfere with the College’s educational environment and result in damage to College property.
I. Prohibition
All students shall adhere to the following:
A. All students are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or impairing substances at any College location.
1. Controlled Substance means any substance listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, the term means any drug which has a high potential for abuse and includes, but is not limited to heroin, marijuana, cocaine, PCP, GHB, methamphetamine’s, and crack. This term also includes any drugs that are illegal under federal, state or local laws and legal drugs that have been obtained illegally or without a prescription by a licensed healthcare provider or are not intended for human consumption.
2. Alcohol means any beverage containing at least one-half of one percent (0.5%) alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages.
3. Impairing Substances means any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs.
4. College Location means in any College building or on any College premises; in any College-owned vehicle or in any other College-approved vehicle used to transport students to and from College or College activities; and off College property at any College-sponsored or College-approved activity, event or function, such as a field trip or athletic event, where students are under the College’s jurisdiction.
5. Reasonable Suspicion is the legal standard required before the College can require a student to take a drug or alcohol test. Some of the factors that constitute reasonable suspicion are: a) direct observation of drug use or possession; b) direct observation of the physical symptoms of being under the influence of drugs; c) impairment of motor functions; d) pattern of abnormal or erratic conduct or behavior; or e) reports from reliable sources or credible sources (anonymous tips may only be considered if they can be independently corroborated).
B. Student use of drugs as prescribed by a licensed physician is not a violation of Policy; however, individuals shall be held strictly accountable for their behavior while under the influence of prescribed drugs.
C. Students may be required to be tested for substances, including controlled substances or alcohol, based on individualized, reasonable suspicion. The required observations for reasonable suspicion testing shall be made by an administrator, supervisor or other trained official and the person who makes the determination that reasonable suspicion exists shall not be the same person who conducts the test. This section does not apply to law enforcement officers serving the College through the local sheriff’s department. Law enforcement officers must adhere to their normal standards when conducting a search.
D. The College does not differentiate between drug users, drug pushers or sellers. Any student in violation of Section A herein will be subject to disciplinary action up to and including termination or expulsion and referral for prosecution.
E. A student who violates the terms of this Policy will be subject to disciplinary action in accordance with Policy 5.3.2 – Standards of Student Conduct. At his/her discretion, the Vice President of Student Services may require any student who violates the terms of this Policy to satisfactorily participate in a drug abuse rehabilitation program or an alcoholic rehabilitation program sponsored by an approved private or governmental institution as a precondition of continued enrollment at the College.
F. Each student is required to inform the College, in writing, within five (5) days after he/she is convicted for violation of any federal, state, or local criminal drug statute or alcoholic beverage control statute where such violation occurred while on or at a College location. Failure to do so could result in disciplinary action.
G. In addition to this Policy, students employed by the College, including students employed under the College’s Work Study Program, shall adhere to the requirements in Policy 3.4.4 – Alcohol and Drugs on Campus.
II. Drug and Alcohol Abuse Awareness Prevention Program
The College operates a drug abuse awareness prevention program for all students and employees. Counseling, information, and referral services are provided by appropriate staff members. The Counselor is available to talk with anyone concerning drug/alcohol use and may be contacted directly or indirectly. Persons requesting anonymity may telephone the Counseling Center for information without disclosing their names. Referrals to external agencies may be appropriate in some situations.
Drug/Alcohol prevention and intervention information is available in the Counseling Center. Persons are encouraged to go by and pick up this free information. The College may sponsor speakers who have expertise on drug and/or alcohol use and offer other activities to create awareness of the effects of drugs and alcohol, and how these behaviors affect learning and working.
Adopted: January 8, 2020
Legal Reference: 21 CFR Part 1308; 34 CFR 86; N.C.G.S. 90-86, et seq.
I. GRIEVANCE PROCESS OVERVIEW
In order to maintain a harmonious and cooperative environment between and among the College and its students, the College provides for the settlement of problems and differences through an orderly grievance procedure. Every student shall have the right to present his/her problems or grievances free from coercion, restraint, discrimination or reprisal. This Policy provides for prompt and orderly consideration and determination of student problems and grievances by College administrators and ultimately the President. A grievance is any matter of student concern or dissatisfaction with the College’s control except: (a) student discipline matters regarding academic and non-academic violations (Policy 5.3.2 – Student Conduct); (b) discrimination and unlawful harassment, including sexual harassment and sexual violence (Policy 5.3.4 – Discrimination and Unlawful Harassment); (c) a grade appeal (Policy 5.2.5 – Grade Appeal); or (d) any other matter that has a specific grievance process outlined in that policy or procedure.
II. GRIEVANCE PROCESS
1. Informal Grievance – Step One
In the event the alleged grievance lies with an instructor/staff member, the student must first go to that instructor/staff member and attempt to informally resolve the matter. Both the student and instructor/staff member must have an informal conference to discuss the situation and document the attempts taken to resolve the grievance at this level. In the event that the student is unsatisfied with the resolution reached at the informal conference, he/she may proceed to Step Two within five (5) business days after the informal conference. Not proceeding to Step Two within the time period will result in the grievance not being heard and the matter being closed.
If the grievance concerns issues unrelated to a particular instructor/staff member (for example, an issue with College policy), the student can skip the informal process and proceed to Step Two.
2. Formal Grievance – Step Two
If the grievance is not resolved at Step One (or, given the nature of the grievance, Step Two begins the process) the student may file a written grievance with the Vice President for Student Services (“Vice President”). The written grievance must contain, with specificity, the facts supporting the grievance and the attempt, if applicable, to resolve the grievance at the information level.
The Vice President (or, depending on the nature of the grievance, another appropriate Vice President) shall review the written grievance and conduct whatever further investigation, if any, is necessary to determine any additional facts that are needed to resolve the grievance. The Vice President shall provide his/her written decision within ten (10) business days after receipt of the grievance. In the event that the student is unsatisfied with the resolution reached by the Vice President, he/she may proceed to Step Three within five (5) business days after receipt of the Vice President’s written determination. Not proceeding to Step Three within the time period will result in the grievance not being heard and the matter
being closed.
3. Appeal – Step Three
If the student is not satisfied with the Vice President’s determination, the student may appeal to the President. The appeal must be in writing, must provide a written summary of the specific facts and must contain any other documentation pertinent to the matter. The President will conduct an “on the record” review and conduct any further investigation that is necessary to ascertain the facts needed to make a determination. The President may, at his/her discretion, establish a committee to further investigate the matter and make a recommendation to the President. At the conclusion of the investigation and not later than fifteen (15) business days after receipt of the student’s appeal, the President shall provide a written decision to the student.
The President’s decision is final.
Adopted: January 8, 2020
Pursuant to the Student Right to Know and Campus Security Act (the “Act”), the College is required to publicly disclose relevant graduation and transfer rate information for its students. The Act is a consumer information report designed for public access to relevant graduation and transfer information to enable students to make informed decisions regarding their college choice. The College makes available to currently enrolled as well as prospective students the graduation and transfer rate for the most recent cohort of entering students based on a one-year reporting period. The Acts’ report is a cohort based study. The cohort is made up of students who enrolled as first time college students who attended full-time (i.e., twelve [12] or more hours) and had declared themselves as degree seeking. The graduation and transfer rate for the cohort is calculated one year after the cohort’s initial date of enrollment. These numbers can be misleading because many community college students attend part-time. Those students are not included in this report. Moreover, students with academic goals other than transfer or degree seeking students are not included in this report. Also, not included with the report are those students who leave school to serve in the armed services, an official church mission or with a recognized foreign aid service of the Federal government.
The report is updated annually and is available in the office of the Vice President of Student Services.
Adopted: January 8, 2020
Legal Reference: P.L. 101-542 – Student Right-To-Know Act
All academic calendars, grading policies, cost of attendance, refund policies and other information that directly affects students will be available in a timely fashion on the College’s web site and/or in an official College publication.
Adopted: September 9, 2019
Legal Reference: SACSCOC Standard 10.2
I. POLICY OVERVIEW
The College is committed to providing a safe and secure environment for all members of the College’s community and visitors. The College shall comply with the Crime Awareness and Security Act of 1990, as amended by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
II. DEFINITIONS
A. Campus Security Authority (“CSA”) is a Clery-specific term that encompasses four groups of individuals and organizations associated with an educational institution:
1. A member of the educational institution’s police department or campus security department;
2. Any individual(s) who has responsibility for campus security but who does not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into the College’s property);
3. Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. For purposes of this College, this individual is the Vice President of Student Services; and
4. An official or someone who has significant responsibility for student and campus activities, including, but not limited to: student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on the College’s behalf.
B. Clery Act Crimes are the following crimes that must be reported by Campus Security Authorities to law enforcement and crimes that are listed in the College’s Annual Security Report:
1. Murder/non-negligent manslaughter; negligent manslaughter; sex offenses (forcible and non-forcible); domestic and dating violence; stalking; robbery; aggravated assault; burglary; motor vehicle theft; and arson;
2. Hate Crimes: any of the above-mentioned offenses, and any incidents of larceny-theft; simple assault; intimidation; or destruction/damage/vandalism of property that was motivated by bias on race, religion ethnicity, national origin, gender, sexual orientation, gender identity or disability; and
3. Arrests and referrals for disciplinary action for weapons (carrying, possessing, etc.); drug abuse violations and liquor law violations.
C. College Property is all the following property:
1. Campus Grounds, Buildings and Structures – Any building or property owned by or controlled by the College within the same reasonably contiguous geographic area and used by the College in direct support of, or in a manner related to, the College’s educational purposes; and any building or property that is within or reasonably contiguous to such buildings or property that is owned by the College but controlled by another person and is frequently used by students and supports College purposes.
2. Off-Campus and Affiliated Property – Any building or property owned or controlled by a student organization that is officially recognized by the College; or any building or property owned or controlled by the College that is used in direct support of, or in relation to, the College’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the College.
3. Public Property – All thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus.
III. SAFETY AND REPORTING PROCEDURES
The College encourages all members of the College community to report suspicious or criminal activity to law enforcement as soon as possible. Crimes may be reported anonymously. In the event of a crime in progress or at any time there is a risk of harm to persons or property, call 911.
In addition, CSAs have a legal obligation to file a report of suspected criminal activity with law enforcement and with the Vice President of Student Service’s Office to ensure statistical inclusion of all Clery Act Crimes in the College’s Annual Security Report when those crimes occur on or near College Property. Any individual identified by the College as a CSA shall receive notification of that designation and the requirement that the individual report information about Clery Act Crimes. Training will also be provided to all so designated persons. While CSAs must report any Clery Act Crime that comes to their attention, at the request of the victim, the victim’s identity may remain anonymous. To promote safety and security at the College, and in compliance with the Clery Act, the College shall:
A. Submit crime statistics to the United States Department of Education;
B. Maintain a daily crime log (open to public inspection);
C. Issue campus alerts to timely warn the College community when there is information that a Clery Act Crime has occurred that represents a serious or on going threat to campus safety;
D. Issue emergency notifications upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. The College tests the emergency notification procedure bi-annually.
E. Publishes and maintains an Annual Security Report containing safety and security related policy statements and statistics of Clery Act Crimes occurring on College Property. To prepare the Annual Security Report, the College collects, classifies and counts crime reports and crime statistics. The Annual Security Report is available on the College’s website and hard copies are available through the Office of Student Services for inspection.
This is a cross reference to policy 2.18
Adopted: January 8, 2020
Legal Reference: 20 U.S.C. § 1092(f); 34 C.F.R. § 668.46; The Handbook for Campus Safety and Security Reporting (U.S. Department of Education, available at: http://www2.ed.gov/admins/lead/safety/handbook.pdf)
Cross Reference Policy 2.1.5
All student records must be current and maintained with appropriate measures of security and confidentiality. The College is responsible for complying with all legal requirements pertaining to the maintenance, review and release of records retained by the College.
I. COMPLIANCE WITH FERPA RIGHTS
A. The Family Educational Rights and Privacy Act (“FERPA”) provides students with certain rights to privacy of their educational records and rights of access by others o their educational records. College employees are expected to fully comply with this Policy.
B. For purposes of this Policy, “student” means an individual who is or has been in attendance at the College. It does not include persons who have not been admitted, who have been admitted but did not attend the College or individuals enrolled solely in non-credit courses. “Attendance” starts when the individual matriculates or declares their intention to enroll at the College, whichever comes first.
II. ANNUAL NOTIFICATION OF RIGHTS
The College shall provide every student with an annual notice of their rights under FERPA. The Vice President of Student Services or his/her designee is responsible for preparing and delivering this annual notice.
III. RIGHT TO INSPECT RECORDS
A. Students who want to inspect their educational records should direct that request to the individual and within the time frame as designated in the annual notice. Records which are available for inspection shall be provided to the student during regular business hours.
B. Students may obtain copies of their educational records if circumstances make onsite inspection impractical and the student is in good standing. When copies are provided, the student may be charged a reasonable fee for the actual copying expense.
IV. DIRECTORY INFORMATION
A. The College may release Directory Information without student consent. The College designates the following information as Directory Information:
1. Student’s name;
2. City of residence;
3. Major field of study;
4. Dates of attendance/enrollment; and
5. Credentials earned and dates awarded.
B. The Solomon Amendment is a federal law that requires institutions to release student recruitment information to military recruiters. This information includes the student’s name, address, telephone number, age, major, class level, and degree awarded.
C. Students who do not wish to have their Directory Information released to the individuals and organizations identified above shall comply with the “opt out” provisions designated in the annual notice.
V. RELEASE OF EDUCATIONAL RECORDS
A. The College will not release a student’s educational records, aside from Directory Information, to any third-party (including artificial intelligence sources) unless the student consents to the release or a valid, legal exception applies.
B. Disclosures may be made to school officials which include any of the following when that person has a legitimate educational interest in having access to the information: 1) any administrator, certified staff member, or support staff member (including health, medical, safety, and security staff) employed by the College; 2) a member of the College’s Board of Trustees; 3) a contractor, consultant, volunteer, or other party to whom the College has outsourced services or functions, such as, but not limited to: an attorney, auditor, cloud storage provider, consultant, expert witness, hearing officer, law enforcement unit, investigator, insurer/insurance company adjuster, investigator, or any other claims representative, medical providers or consultants, or counselors/therapists, provided that the person is performing a service or function for which the College would otherwise use employees, is under the direct control of the College with respect to the use and maintenance of education records, and is subject to FERPA requirements governing the use and re-disclosure of PII from education records; and 4) a person serving on a committee appointed by the College, such as a disciplinary or grievance committee or other review committee.
C. In compliance with Title IX, the College may disclose the final results of campus disciplinary proceedings in which a student respondent is charged with a violent crime or non-forcible sex offense. Upon the request of the complainant, disclosure may be made regardless of whether the respondent was found responsible. Disclosures to third parties may be made only if the student respondent is found responsible. Disclosure in this situation is limited to the name of the violator, the type of student code violation found to have occurred, and the sanction imposed by the College.
D. The College shall release a student’s educational records to the student’s parents when requested by the parents and: i) the student is listed as a dependent on the parents’ tax returns; ii) the student violated a law or the College’s policies regarding drugs and alcohol and the student is under the age of 21; or iii) the disclosure is needed to protect the health or safety of the eligible student or other individuals in an emergency situation.
VI. CORRECTING RECORDS
A student has the right to challenge an item in his/her records believed to be inaccurate, misleading or otherwise in violation of the student’s privacy rights. The student may file a grievance pursuant to Policy 5.3.6 – Student Grievance beginning at Step Three. If the final decision is that the information in the record is, in the College’s determination, not inaccurate, misleading or otherwise in violation of the privacy rights of the student, the Vice President of Student Services shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the College’s decision.
VII. MISCELLANEOUS
A. Students who believe their rights have been violated may file a complaint with the Family Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington D.C. 20202. Complaint must be filed within 180 days of the date of the alleged violation or the date the student knew or should have known of the alleged violation.
B. A hold may be applied to the release of an official transcript, diploma or other information requested from an official record for a student who has an overdue indebtedness to the College. A hold may be applied for failure to comply with a disciplinary directive. Such a student continues to have the right to see and photocopy his official record upon request.
C. The College shall only destroy student records in accordance with federal and state laws and regulations and as allowed by the Records Retention & Disposition Schedule for North Carolina Community Colleges. The College shall not destroy student records if there is an outstanding request, grievance or legal matter related to those records.
Adopted: January 8, 2020
Legal Reference: 10 U.S.C. § 983; 20 U.S.C. § 1232g; 34 C.F.R. pt. 99
I. Student Records
The College is required to maintain, at a minimum, current, complete and accurate records to show the following:
A. An application for admission that includes the student’s educational and personal background, age and other personal characteristics.
B. Progress and attendance including date entered, dates attended, subjects studied and class schedule. This record shall be in a form which permits accurate preparation of transcripts of educational records for purpose of transfer and placement, providing reports to government services or agencies or for such other purposes as the needs of the student might require. Such transcripts shall be in a form understandable by lay persons and educators alike. The grading system on such transcripts shall be explained on the transcript form. Subjects appearing on the transcripts shall be numbered or otherwise designated to indicate the subject matter
covered.
C. All student enrollment agreements shall include at a minimum, the program of study, program tuition and fees, date programs are to begin, time period covered by the tuition payment and statement of or reference to the College’s tuition refund policy.
D. All student account ledgers shall include, at a minimum, monies owed and paid by each student, and refunds issued by the College.
E. A copy of the student’s high school transcript or certificate of high school equivalency or a signed, notarized attestation of either graduation from a public or private high school that operates in compliance with State or local law, graduation from a state registered home high school, or receipt of a certificate of high school equivalency, if the student provides the school with written evidence of the student’s inability to obtain a copy of the student’s high school transcript or certificate of high school equivalency or, for persons at least 18 years old who did not graduate from a public, private or state registered home high school or obtain a certificate of high school equivalency, demonstration of an ability to benefit as determined by any test instrument approved by the Department of Education.
II. Inspection by State Board of Community Colleges
A. Students’ records shall be open for inspection by properly authorized State Board officials.
B. The College’s financial records shall be open for inspection by properly authorized State Board officials.
Adopted: September 9, 2019
Legal Reference: 2A SBCCC 400.11
The Family Educational Rights and Privacy Act (“FERPA”), a federal law, provides students with certain rights with respect to their education records. These rights are:
The College shall only release Directory Information to individuals and organizations that demonstrate, in the College’s opinion, a legitimate, education interest in the information or provide a direct service to the College; provided, however, the College shall release Directory Information to military recruiters in compliance with the Solomon Amendment unless you specifically restrict the release of your Directory Information.
If you do not want the College to disclose your Directory Information described above from your education records to the recipients identified above without your prior written consent, you must submit a completed Student Release Form to the Office of Enrollment Management within fourteen (14) days of the beginning of the academic year or within fourteen (14) days of you enrolling in the College.
In compliance with Title IX, the College may disclose the final results of campus disciplinary proceedings in which a student respondent is charged with a violent crime or non-forcible sex offense. Upon the request of the complainant, disclosure may be made regardless of whether the respondent was found responsible. Disclosures to third parties may be made only if the student respondent is found responsible. Disclosure in this situation is limited to the name of the violator, the type of student code violation found to have occurred, and the sanction imposed by the College.
The College shall release a student’s educational records to the student’s parents when requested by the parents and: i) the student is listed as a dependent on the parents’ tax returns; ii) the student violated a law or the College’s policies regarding drugs and alcohol and the student is under the age of 21; or iii) the disclosure is needed to protect the health or safety of the eligible student or other individuals in an emergency situation.
You have the right to file a complaint with the U.S. Department of Education concerning alleged failures of the School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA is the:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Questions regarding student records should be directed to the College’s Office of Enrollment Management.
Each area of the campus that handles student records shall establish internal procedures to protect the security and confidentiality of student information, including hard copy and digital formats. The following guidelines must be followed when accessing confidential information and student records.
I. Hard Copy Data
A. Student information with social security numbers and birth dates shall not to be placed on hard copy file folder labels (use student ID instead).
B. Student information with social security numbers and birth dates should not be left unsecured at any time.
C. File folders (hard copies) containing student information with social security numbers and birth dates must be kept in a locked drawer or a locked room with access only by appropriate personnel.
D. Any documents containing student information that is confidential should be shredded before discarding.
E. Interoffice mail containing sensitive student information shall be sent using a sealed, opaque envelope.
F. Sensitive information shall be mailed First Class or using other traceable delivery service and using an opaque envelope with no markings that will distinguish it as sensitive information.
II. Electronic Data
A. Electronic data shall be maintained by ITS and shall be backed up to a separate location daily. The only exception is that Distance Learning student course records are housed off-campus through Remote-Learner. These records do not contain student SSN and are also backed up daily by Remote-Learner.
B. Electronic student and confidential information is only accessible to appropriate personnel in accordance with procedures approved by ITS.
C. Access to information systems is only given to appropriate personnel upon permission by a staff member’s supervisor. Permission records will be maintained by ITS.
D. Personnel who have been granted authority to access student information will be issued an ID and password by ITS to access information systems.
E. Each staff member is only to use his/her designated ID and password to access student and confidential information. Under no circumstances should an ID and password be shared or should a staff member access College information systems under an ID and password that has not been issued to him or her.
F. Student information with social security numbers and birth dates shall not be distributed or transmitted through email or otherwise made accessible to users without authority to see this information.
G. The student ID generated by the College’s operating system will be used in place of the social security number for identification purposes and in all communications.
H. ITS reserves the right to revoke all privileges to information systems if College Information Technology policies and procedures are not followed.
I. Faxing of sensitive student information shall be done by first verifying the fax number. Once the number has been verified the intended recipient must be readily available to retrieve the information.
III. Student Communications
A. Students are required to create a unique password upon setting up their accounts in the College’s information systems.
B. Electronic communication with an active student should only be sent to that student’s College email address. Communication with prospective students or past students may be sent to the student’s personal email, but should not include any sensitive information (e.g., student grades).
C. When communicating with students regarding technical support, registration, transcripts, financial aid and financial information, students should not be asked for a social security number or birth date in public/within hearing distance of other people.
D. Two forms of authentication must be requested when verbally verifying student identification. Appropriate forms of authentication are the student College ID number, the last four digits of the social security number and birth date. Under no circumstances should a student be requested to verify his/her social security number through email.
IV. Security Breach
A. Any security breach or loss of records should be reported to one’s immediate supervisor immediately upon discovery of the breach/records loss.
B. Any student that has had their sensitive information compromised shall be contacted within 24 hours via telephone. In the event that the student cannot be reached, the College will use the emergency contacts to try to establish communications with the student. After the College has exhausted these resources the next form of contact will be First Class mail or other traceable delivery service.
C. While sensitive student information is in transport to the College, the information shall remain locked in the trunk or other secure area of the vehicle. If the vehicle does not have a secure location, the sensitive student information must not be transported until the information can be transported securely unless it will be transported with no stops that will require the vehicle to be left unattended.
D. Any student information that is collected off-campus or after campus hours shall remain in the custody of the student, agency or business until the sensitive student information can be delivered to the College.
E. With the exception of coursework to be graded, no College employee will have hard copies of sensitive student information in their possession overnight without prior approval from that employee’s supervisor or the college president. Any digital records removed from campus should be encrypted and password protected.
Adopted: January 8, 2020
Montgomery Community College adheres to the North Carolina Community College Institutional Information Processing System (IIPS), Chapter 020106: Securing the End User: Managing Passwords. This standard states a combination of a unique user credential and a valid password shall be the minimum requirement for granting access to an information system when IDs and passwords are used as the method of performing identification and authentication. The Information Technology department at MCC is responsible for adhering to this standard.
At Montgomery Community College each student, upon application, is issued a unique 7 digit student identification number. This student identification number is generated from and housed on the MCC Datatel/Colleague System.
This number is provided to students on registration forms, payment forms, email accounts, student identification badges, and other forms issued by Student Services. The student is given this information to access College resources; specifically, the learning management system (Blackboard) using a secure login and password that is a combination of the student’s name and student identification number.
Upon registration for a specific course, the student login is systematically tied directly to the corresponding class in Blackboard. The student uses the secure login information to sign in to the distance learning system for verification of identity, to verify attendance and participation in registered classes and for reporting and turning in assignments. In order to protect student privacy, students are instructed to change their unique password upon initial login and then required to change password every 90 days.
The Distance Learning department is responsible for student password maintenance to insure ongoing student information security. If a student needs to reset their password two options are provided under the Tech Trail link for password resets. Multiple methods are used to confirm their identity. The student is required to provide this information before any release of password or identification is changed.
Montgomery Community College utilizes Blackboard as its web based learning management system for hosting distance learning classes and to use online materials and activities to complement face-to-face instruction. Blackboard is used for all online, hybrid and web enhanced courses. Faculty use Blackboard to post course lectures, handouts, and other files; deliver secure student communications via messages and announcements; collect assignments; facilitate student collaboration via discussions board assignments, administer secure online exams; and post grades securely.
In order to verify that students enrolled in a distance learning course are the same ones who are completing and accessing course work, each student must access online courses offered through Blackboard via a secure portal where he or she must enter a unique username and password. The Blackboard user ID is based on the student name and student ID number. MCC students are instructed to keep this information private and not to distribute this login information to anyone else under any circumstances.
Adopted: September 9, 2019
As a condition of enrollment at the College, the student grants the College a non-exclusive, perpetual, world-wide, royalty-free right and license to reproduce and publicly or privately display, distribute, or perform the student’s work, in whole or in part, for the College’s own educational purposes. This includes:
A. The use of student work in order to demonstrate compliance with accrediting
bodies.
B. Research conducted by College personnel and presentation or publication resulting from such research.
C. The use of student work in order to demonstrate student and instructor activities for the purposes of promoting the college and its endeavors.
Nothing herein permits the disclosure of a student’s educational record, including student grades, nor can student work be presented in a personally identifiable manner without the student’s exclusive permission. This license does not extend to commercialization of the work. Intellectual property created by the student for commercial purposes singularly or in cooperation with the College shall be governed by the Policy 4.2.1 – Intellectual Property.
Adopted: January 8, 2020
I. OVERVIEW
In accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and other applicable federal and state law, the College may be required to accommodate an otherwise qualified individual with a disability by making a reasonable modification in its services, programs or activities. This policy addresses the use of service animals and other animals on campus.
II. DEFINITIONS
A. Emotional Support Animal – an animal selected or prescribed to an individual with a disability by a healthcare or mental health professional to play a significant part in a person’s treatment process (e.g., in alleviating the symptoms of that individual’s disability). An emotional support animal does not assist a person with a disability with activities of daily living and does not accompany a person with a disability at all times. An emotional support animal is not a “service animal.”
B. Service Animal – an animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Service animals may or may not have been licensed by a state or local government or a private agency. Service animals are limited to service dogs and, in some cases, miniature horses.
C. Pets – any animal that is not an emotional support animal or a service animal.
III. ANIMALS ON CAMPUS
Pets are not permitted on campus and may not be left in vehicles on College property. There are occasions when a student or employee may need to bring an animal onto campus for the purpose of meeting an educational objective. Such requests should be made to the appropriate academic Dean prior to the animal being allowed onto campus. Subject to the rules set forth in section IV and V below, emotional support and service animals are permitted in any area of campus where employees or students are permitted, with a few exceptions for health and safety reasons (i.e., areas that must adhere to certain required sanitation rules (campus culinary and health sciences programs and third-party clinical partners)).
IV. PROCEDURES REGARDING SERVICE/EMOTIONAL SUPPORT ANIMALS
A. Responsibilities of the Service/Emotional Support Animal Owner/Handler
1. Registration
a. Service Animals
Students and employees are not required to register service animals. However, they are strongly encouraged to notify the Counselor and Disability Services (students) or the Office of Human Resources (employees) if they intend to use a service animal on campus so that appropriate College officials are aware of the animal’s presence and to assist with the service animal’s access to areas within the College’s campus. Logistical or physical accommodations within campus buildings or classrooms may be necessary to ensure that a service animal has the space necessary to assist its handler. In addition, there are other disability related academic accommodations a student handler may be eligible to request to ensure full access to the learning experience. Visitors with service animals are not required to register their animals.
b. Emotional Support Animals
After the College has made a determination that an emotional support animal is allowed on campus (see Section B.2), the student or employee must register the animal with the Disability Services Office (students) or the Office of Human Resources (employees).
2. Care and Supervision
a. The care and supervision of a service/emotional support animal is the responsibility of the animal’s owner and/or handler. The handler must ensure the animal is in good health and has been inoculated and licensed in accordance with local regulations with the burden of proving licensure and inoculation on the person with a disability. Dogs must wear a rabies tag at all times.
b. The service/emotional support animal must be under the control of the handler at all times and may not be left alone. A service/emotional support animal must be restrained by a leash that does not exceed six (6) feet in length or other appropriate devise dependent on the animal (i.e., carriers or cages). In situations where a leash or other appropriate device interferes with a service animal’s ability to perform its task or service, the service animal must remain under the control of the handler at all times.
c. The owner and handler of the service/emotional support animal is responsible for any damage of personal or college property or any injuries to an individual caused by the service/emotional support animal.
d. The handler must ensure the animal is “housebroken” and trained. The handler must clean up and remove all animal waste created by the animal both inside campus buildings and outdoor campus property.
e. The service/emotional support animal may not disrupt the operation of the College or any class. Disruptions include but are not limited to: barking, growling, pacing/constant motion, foul odor, pawing and or sniffing of others. It is the assumption of the College that all service/emotional support animals on campus are “working” animals and therefore, should not be treated as a pet. There should be no petting by others and no handling by others.
B. Responsibilities of the College Community
1. Service Animals
If the need for a service animal is obvious, College officials may not question the presence of the animal on campus. If the need for a service animal is not obvious, College officials are permitted to ask the handler two questions:
a. Is the animal required because of a disability?
b. What work or task(s) has the animal been individually trained to perform?
At no time may a College official require a service animal to demonstrate the tasks for which they have been trained nor may they inquire as to the nature of the individual’s disability.
If another person on campus has a covered disability under the ADA and it includes an allergic reaction to animals and that person has contact with a service animal, a request for accommodation should be made by the individual to the Director of Human Resources (if an employee) or the Counselor and Disability Services (if a student). All facts surrounding the concern will be considered in an effort to resolve the concern and provide reasonable accommodation for both individuals.
2. Emotional Support Animals
The determination of whether a student or employee with a disability is allowed to have an emotional support animal on campus shall be made on a case-by-case basis. Students and employees may request, as a reasonable accommodation for a disability, the need to have an emotional support animal on campus. The College is not required to grant reasonable accommodations that would result in a fundamental alteration of a program, create an unsafe environment or would constitute an undue burden. Any requests for a reasonable accommodation for an emotional support animal shall be directed to the Disability Service Office (students) or the Office of Human Resources (employees).
In determining request for accommodations for an emotional support animal, the consideration is: 1) does the person have a disability (i.e., a physical or mental impairment that substantially limits one or more major life activities); 2) does the emotional support animal perform tasks or services for the benefit of the person or provide emotional support that alleviates one of more of the identified symptoms for effects of the person’s existing disability; and 3) is the request an undue burden on the College, does the request create an unsafe environment, or does it fundamentally alter a College program.
C. Removal of Service/Emotional Support Animals
The College has the authority to remove a service/emotional support animal from its facilities or properties if the animal becomes unruly or disruptive, unclean and/or unhealthy, and to the extent that the animal’s behavior or condition poses a direct threat to the health or safety of others or otherwise causes a fundamental alteration in the College’s services, programs, or activities. All cases for removal shall be decided on a case-by-case basis based on that specific situation. In appropriate situations, the College will use a progressive model beginning with a warning for a first offense and removal (either temporarily or permanently) for additional offenses. However, dependent on the severity of the situation, the first offense could result in a temporary or permanent removal.
It is a Class 3 misdemeanor “to disguise an animal as a service animal or service animal in training”. N.C.G.S. § 168-4.5. In other words, it is a crime under North Carolina law to attempt to obtain access for an animal under the false pretense that it is a service animal.
Additionally, any employee or student who violates any portion of this procedure is subject to disciplinary action.
This is a cross reference to policy 3.4.8 and policy 2.2.6
Legal Citations: The Americans with Disabilities Act of 1990 As Amended; Section 504 of
the Rehabilitation Act of 1973
Adopted: January 8, 2020
I. Overview
The College attempts to provide extracurricular activities for students since the College believes that such activities contribute to the overall growth and educational development of an individual. Students are expected to exhibit high standards of responsible citizenship during all College functions whether on or off campus. The Division of Student Services encourages and helps conduct a program of student activities. The student activity program is a part of the educational experience available to all students. Admission for all student activities shall be non-discriminatory.
II. Student Government Association
A. The Student Government Association (“SGA”) is made up of representatives from the student body. The SGA coordinates and regulates student activities and serves as the student body’s official voice. The President of the SGA is a non-voting member of the College’s Board of Trustees.
B. The SGA’s organizational documents shall be updated and shall be on file with the College’s Coordinator of Student Life & Recruitment (“Coordinator”). Any revisions to the SGA’s organizational documents shall be reviewed and approved by the College President.
C. State funds cannot be used for athletics or other extracurricular activities; therefore, almost all student activities are established and maintained by SGA funds. SGA funds are derived from a portion of student activity fees. The SGA budget will be approved by the SGA and submitted to the Vice President of Student Services (“Vice President”) as early in the school year as possible for approval. Expenditures of funds must be approved by the Coordinator and the Vice President.
III. Other Student Clubs and Organizations
A. The College maintains that extracurricular activities compliment the academic programs. Students are encouraged to participate in all phases of the student activities program as long as such participation is consistent with sound educational practices.
B. The following criteria must be considered by clubs who seek recognition as an official College student organization:
1. The organization must serve an area of student activity need;
2. The membership provisions must not exclude anyone because of his/her race, color, religion, sex, gender, national origin, age, disability or sexual orientation;
3. The organization must agree to abide by the College’s policies and
administrative procedures;
4. The organization’s purpose must be compatible with the College’s philosophy and educational objectives; and
5. Such other reasonable rules and regulations required by the President.
C. Recognized Student Clubs and Organizations. Only officially recognized student clubs and organizations shall be allowed to function on the College’s campus. In order to achieve recognition, the applying club or organization must complete an official application, on file with the Dean of Student Services, and receive approval by the SGA, the Vice President of Instruction and Student Services and the College’s administrative cabinet.
IV. Fundraising
The President, in consultation with the Vice President of Instruction and Student Services and the Dean of Student Services, shall establish rules and regulations regarding student clubs and organizations’ fundraising activities. In addition to such rules and regulations, student clubs and organizations are limited as follows:
A. Raffles – The North Carolina General Statutes consider raffles as a form of gambling and are generally unlawful in the state of North Carolina. However, there is an exception that allows two (2) raffles per year for each tax exempt non-profit organization. The total cash prizes offered or paid by any exempt non-profit organization may not exceed ten thousand dollars ($10,000) in any calendar year. Student clubs and organizations are encouraged to use alternative methods of fundraising aside from raffles.
B. Food – Unless clubs and organizations have prior, written permission from the President or designee, clubs and organizations may only sell pre-packaged food items, professionally prepared food items prepared by a permitted entity, pre-wrapped items and beverages in sealed containers and must comply with all local Health Department regulations. Examples of these items include bottled/canned soft drinks, pre-wrapped sub sandwiches, wrapped/packaged desserts, etc. Muffins or cookies must be pre-packaged. The sale of food prepared or assembled at point of sale, such items as tacos, hot dogs, chili, sandwiches, etc. is prohibited unless prior authorization by the President or designee. The sale of potentially hazardous foods as described in 15A NCAC 18A .2635(9) shall not be allowed.
Pursuant to N.C.G.S. § 130A-250(7), the College, as a tax-exempt entity, is exempted from temporary food establishment permitting requirements for preparing or serving food or drink, for pay, no more frequently than once a month for a period not to exceed two consecutive days
Adopted: January 8, 2020
Legal Reference: N.C.G.S. §§ 14-309.15, 130A-250(7); 15A NCAC 18A .2635(9)
I. Preface
The College encourages and supports student participation in a wide variety of extracurricular activities designed to complement the classroom experience. The College Student Government Association (“SGA”) is responsible for promoting the general welfare of the College, encouraging student involvement in the governance of the SGA, providing avenues for input in institutional decision making and promoting communication between students, staff, and faculty. Composed of all currently enrolled curriculum students, the SGA provides direction, guidance, and oversight of the activity budget.
As a means of facilitating student involvement in campus decision making, students are encouraged and invited to participate in various standing committees, advisory committees, and ad hoc committees. The President of the SGA serves as an ex officio nonvoting member of the College’s Board of Trustees and well as other standing committees. To get involved in campus governance, students are encouraged to contact elected officers
of the SGA or the faculty/staff advisor for the SGA.
II. Student Government
The SGA is composed of all curriculum students who are enrolled at the College. All SGA members are encouraged to be active participants in student affairs and to voice opinions and thoughts through their organization.
The President of the SGA is elected in April of each year. Other officers and representatives of the SGA are usually elected in September and provide leadership for the student body. The SGA sponsors athletic, social, and wellness activities that enhance student campus life. Students are involved in school affairs, with active participation on various advisory and ad hoc committees. Representatives of the SGA usually attend state conferences of the Student Government Association in the North Carolina Community College System. A budget governing the student activity fee for the following school year is recommended by the SGA in the spring. The budget usually covers special projects, student insurance,
socials, and dances.
III. Student Publications
All student publications are governed and approved by the SGA and the College’s administration. Student publications must be reviewed by the Editorial Committee for Student Publications prior to publication and distribution. The Committee will consist of the following persons: SGA President, SGA Advisor, Chairperson of the English Department, and an Assistant Vice President in Educational Services appointed by the Vice President for Instruction and Student Services. Publications should follow the guidelines of standard English and MLA/APA documentation for sources. Misuse or abuse of such publications may cause termination or abolishment of an approved publication.
IV. Athletics1
Athletics are available on a limited basis at the College. A strong intramural program is encouraged. The College provides room for expansion and is adding to those activities requested that are within budgetary limits and College policy.
V. Special Events
The SGA may sponsor other activities such as socials, films, speakers, and related activities that are of interest to the students. When such occasions arise, students are notified in advance and are encouraged to participate.
Adopted: January 8, 2020
1 If applicable.
