Policy 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 ActivitiesPursuant 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.
