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Student Policies Table of Contents
This page features important policies and procedures for students attending Mayland Community College.
Family Educational Rights & Privacy Act of 1974
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. They are:
The right to inspect and review the student’s educational records within 45 days of the day the College receives a request for access.
Students should submit to the Registrar, chief academic officer, head of the academic department, or other appropriate official, written requests that identify the records they wish to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.
Students may ask the College to amend a record they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified to the right of a hearing.
The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is to College officials with legitimate educational interests. A college official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another College official in performing his or her tasks.
A College official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.
The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605.
Americans with Disabilities Act (ADA)
In this section:
The Americans with Disabilities Act (ADA) provides special assistance to individuals attending MCC classes or activities.
Qualifications
If you have a disability and need special assistance, you should stop by Student Development for assistance. Technical assistance, such as special equipment, taped texts and note takers, is available to eligible students. The S.O.A.R. Program also has support staff available to assist students with ADA requirements.
Please allow 6 weeks advance notice to allow for adequate preparation.
For More Information
Visit Student Development if you
- have specific questions concerning ADA; or
- have comments or suggestions for ensuring that students with disabilities have equal opportunities to MCC services, programs or activities; or
- wish to take advantage of MCC services for students with disabilities.
College Workplace/Anti-Violence Policy
The safety and security of all students, faculty, staff and customers is a proper concern of MCC. Acts of violence made by or against any of the aforementioned are not permitted. Students, faculty, staff or customers committing acts of violence are subject to disciplinary action that may result in suspension of privileges, suspension and/or dismissal from the College, and/or prosecution under the appropriate general statutes.
The following behaviors are prohibited:
- Any act or threat of violence made by a student, employee or customer against another;
- Any act or threat of violence including, but not limited to, intimidation, harassment or coercion;
- Any act or threat of violence which endangers the safety of students, employees, customers, vendors, contractors or the general public;
- Any act or threat of violence made directly or indirectly by words, gesture or symbols; and
- Use or possession of dangerous weapons on the College campus.
Academic Integrity Code
Mayland Community College expects every student, staff member, and instructor at Mayland to maintain the highest standards of academic integrity. The right to learn in a community free from academic dishonesty is crucial to the development of a college student. For this reason, the College will impose sanctions for instances of plagiarism or cheating, or any act which violates the academic integrity of the College.
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MCC Conduct Policy & Student Code of Conduct
In this section:
Students are expected to conduct themselves as mature and responsible individuals at all times, showing high regard and respect for the rights, privileges and property of others, including college facilities and property. Student behavior is subject to federal, state and local laws.
Students are expected to perform honest academic work and follow established College policies and procedures.
Violation of any College regulations or applicable federal, state or local statutes may result n administrative action up to or including suspension or expulsion.
MCC’s student body is governed by the following Code of Conduct.
I. Preamble
Freedom to teach and freedom to learn are inseparable parts of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the community. Students should exercise their freedom with responsibility. As members of the academic community, students are subject to the obligations that accrue to them by virtue of this membership. When a student’s violation of the law adversely affects the college’s pursuit of its recognized educational objectives, the college may enforce its own regulations. When students violate college regulations, they are subject to disciplinary action by the college whether or not their conduct violates the law. If a student’s behavior simultaneously violates both college regulations and the law, the college may take disciplinary action independent of that taken by legal authorities.
The college, therefore, has a duty to develop Code of Conduct policies and procedures that provide and safeguard academic freedom, student rights, student responsibilities and due process. The purposes of the policies, regulations, and procedures are to:
- Provide an academic environment that will promote quality educational outcomes;
- Assure individual freedom and protect the individual in his/her pursuit of knowledge; and
- Promote the development of self-discipline, respect for others, and concern for one’s personal conduct.
It is the responsibility of the president to direct the staff in the development, implementation and publication of such procedures.
II. Student Rights
- Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on the campus will be provided by the college. Student performance will be evaluated on an academic basis, not on opinions or conduct in matters unrelated to academic standards.
- 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. Freedom of expression must conform to generally recognized community standards of decency and morality.
- 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 officers.
- The Family Educational Rights and Privacy Act of 1974 provides safeguards regarding the confidentiality of and access to student records, and this Act will be adhered to by the college. Students and former students have the right to review their official records and to request a hearing if they challenge the contents of these records.
- No disciplinary sanctions other than admonition, warning, reprimand or temporary removal from class or an activity may be imposed upon any student without notice and opportunity for response.
- Grade Appeal - A student has the right to appeal to his/her instructor an assigned final course grade within thirty (30) working days after the postmarked date of the grade. If the student is not satisfied with the grade appeal, the student may seek assistance from the faculty supervisor, the Division Chair, and/or the Vice-President of Instructional Services. A grade assignment may be reviewed under the Grade Appeal Procedure.
III. Student Code of Conduct
All students and staff shall be provided a safe, peaceful and honest educational environment. Therefore, when in the judgment of college personnel a student’s conduct disrupts or threatens to disrupt the college community, appropriate disciplinary action will be taken to restore and protect the safety, peace, and integrity of the community.
Students are expected to conduct themselves according to generally accepted standards of scholarship and conduct. The purpose of the Student Code of Conduct is not to restrict student freedoms but to protect the rights of individuals in their academic pursuits.
The Associate Degree Nursing, Early Childhood Education, Basic Law Enforcement Training, Medical Assisting, and Practical Nursing students are directed by more specific standards which are approved by an advisory committee and/or an approving agency.
Therefore, students are prohibited from engaging in any conduct that materially and adversely affects the educational process including, but not limited to, the following rules:
Rule 1: State and Federal Laws
A student shall not violate any state or federal laws while on MCC campuses or while attending an MCC activity, function, or event off MCC grounds.
Rule 2: Weapons and Dangerous Instruments -
NC General Statute 14-269.2
"It is unlawful for anyone to possess any weapon, whether openly or concealed, while on private school or public school property unless it is used as part of a school activity or ceremony. In essence, the statute refers to any and all property owned, used, or operated by any Board of Education, school, college, or university for the administration of any public or private educational institution. In practice, then, this statute permits prosecution of anyone carrying any dangerous instrument in school, on school grounds, or at any school activity."
Rule 3: Narcotics, Alcoholic Beverages & Controlled Substances
A student shall not knowingly or negligently own, possess, use, transport or be at any time under the influence of any narcotic drug, alcoholic beverage or any other controlled substance (as controlled substance is defined by the North Carolina General Statutes or 21 U.S.C. subsection 812) while on MCC grounds or during the time when a student is participating in any MCC activity, function, or event off MCC grounds. Use of any drug authorized by medical prescription from a registered physician, the student shall be held strictly accountable for their behavior while under the influence of prescribed medicines.
Rule 4: Sexual Harassment
A student shall not engage in any act, comment, or behavior which is of a sexually suggestive or harassing nature that in any way interferes with a student’s or an employee’s performance or creates an intimidating, hostile, or offensive environment.See the Sexual Harrassment Policy for more information.
Rule 5: Academic Dishonesty, Cheating, Forgery, and Related Offenses
It shall be a violation of the MCC Code of Conduct for a student to commit any one of the following acts:
- Academic cheating, including, but not limited to, unauthorized copying of academic work of another, collaboration for use of notes or books on examinations without prior permission of the instructor.
- Plagiarism or the intentional presentation of work of another without proper acknowledgment of the source.
- Fabrication and falsification or the intentional misrepresentation of any information or citation in an academic exercise.
- Submission of substantial portions of the same academic work for credit more than once without authorization.
- Abuse of academic materials in the form of destruction, theft, or concealment of library or other resource material or of another student’s notes or laboratory experiments.
- Complicity in academic dishonesty in helping or attempting to help another student to commit an act of academic dishonesty.
- Forgery, alteration, copyright violation, or misuse of college documents, records, computer software, Internet materials, or instruments of identification with intent to deceive or disrupt.
- Furnishing of false information to any MCC personnel including forgery, falsification, or fraudulent misuse of any documents, records, or identification cards.
- Having someone other than the student do work for that student.
Rule 6: Disruption and Disorderly Conduct
A student shall not engage directly or indirectly in disorderly conduct which is intended to provoke violent retaliation or cause a breach of peace which disrupts, disturbs, or interferes with the normal routine activities or teaching of students, or with the peace, order, or discipline on MCC grounds.
Rule 7: Lewd or indecent conduct
A student shall not engage in lewd or indecent conduct, including public physical or verbal action or distribution of obscene or libelous material.
Rule 8: Assault on or Verbal Abuse of a MCC Employee, Student or Others
A student shall not intentionally cause, or attempt to cause or threaten to cause, physical injury, verbal abuse, harassment, or communicate a threat, or direct any profane language toward any MCC employee, another student or MCC guest, visitor, or invitee at any time while such student is enrolled at MCC, or while such student is on MCC grounds or is attending a MCC activity, function, or event held off MCC grounds.
Rule 9: Classroom and Campus Activities
A student shall comply with all directions of teachers, student teachers, substitute teachers, lab instructors, MCC administrators, or authorized personnel during any time when the student is under the authority of MCC personnel. A student on campus shall promptly identify him/her self to a MCC official or campus public safety officer at all times upon reasonable request. A student shall appear before MCC officials or disciplinary bodies when so directed. Any failure by any student to promptly obey or to abide by these regulations in this Rule 9 shall constitute a violation of this Code of Conduct.
Rule 10: Damage to or Destruction of Private Property
A student shall not intentionally, willfully or wantonly cause, or attempt to cause, damage to MCC property or private property of another, or shall not steal, or attempt to steal, MCC property or private property of another when on MCC grounds or while attending a MCC activity, function, or event held off MCC grounds.
Rule 11: Tampering with Fire Alarms or Safety Equipment
It is not permissible for a student to set off, use, or tamper with a fire alarm or any fire safety equipment on college premises or at college-sponsored or college-supervised functions, except with reasonable belief in the need for such alarm or equipment.
Rule 12: Vehicles, Traffic and Parking Irregularities
Vehicles must be parked in designated areas. Vehicles will be operated safely, moderately, and courteously. The speed limit on campus is 20 miles per hour. Vehicles must be registered in the MCC Bookstore. Violators of traffic and parking regulations are subject to a fine for each violation. Student records and grades may be withheld until fines are paid.
Rule 13: Children in Classrooms or Shop Areas
Children under 12 are not allowed in classrooms or shop areas during class sessions, nor may they be left unattended in the library, student commons, or on campus grounds.
Rule 14: Roller Skating, Roller Blading and Skate Boarding
For the safety and well being of all MCC students, employees, and visitors, no one is permitted to roller skate, roller blade, or skateboard on sidewalks, parking lots, or any other college property.
Rule 15: Involuntary Psychological or Psychiatric Withdrawal
It shall be grounds for dismissal if and when it shall be medically determined that a student poses a threat to the physical well-being of self or others or if such student has a physical, mental, or emotional condition of such a nature as to disturb or disrupt the normal and usual activities of other persons on campus.
A student shall agree to have a psychiatric evaluation when it appears to the satisfaction of the president of MCC, or his/her designee, that such examination is in the best interest of the student, or MCC, or both.
Rule 16: Fiscal Irresponsibility
Fiscal irresponsibility, such as failure to pay college-levied fines or debts, failure to repay college-funded loans, the passing of worthless checks to college personnel, or the failure to repay the overpayments of grants shall be handled through normal collection procedures. Student records, grades and registrations will be held until financial obligations are met.
IV. Disciplinary Process
Any instructor or staff member may use his/her discretion to warn a student against violating the Student Code of Conduct or may temporarily suspend a student from a single class or activity for the duration of that specific class or activity. A sanction or admonition, warning, reprimand, or temporary suspension may be imposed upon any student. Other sanctions can only be imposed in accordance with the process called for under the Disciplinary Procedures.
- Temporary Suspension Procedures
If an instructor or staff member determines that a student’s conduct poses a continuing threat to the health or well being of any member of the academic community or the activities of the college, he or she may suspend the student from a course or the College until the Vice-President of Student Development can investigate the student’s conduct. Prior to the temporary suspension, the student will be given the opportunity to explain his or her conduct to the instructor or staff member who is taking the suspension action.
The instructor or staff member invoking such suspension will complete a Student Code of Conduct Incident Form with the Vice-President of Student Development as soon as possible, but no more than two working days following the incident. The Vice-President will resolve the matter in a timely manner using the steps outlined below under Disciplinary Procedures.
- Responsibility for Implementation
The Vice-President of Student Development is responsible for implementing student discipline procedures.
- Disciplinary Procedures
To provide an orderly procedure for handling student disciplinary cases, the following procedures will be followed:
- Complaint: Any faculty or staff member, or student may file a complaint with the Vice-President of Student Development against any student or student organization for violations of college regulations. The individual(s) making the complaint must complete an Incident Form which includes:
- Name of the student(s) involved;
- The specific violation of the code of conduct;
- A description of the incident(s), including the time, place, and date of the incident(s);
- Names of person(s) directly involved or witnesses to the incident(s);
- Any action taken that relates to the matter; and
- Desired solution(s).
The statement of the charge should be forwarded directly to the Vice-President of Student Development.
- Preliminary Investigation and Decision: Within ten (10) working days after the Incident Form is filed; the Vice-President will complete a preliminary investigation of the charge, which will include a meeting with the student. During the meeting, the student will be informed of the Incident Report, presented with the evidence, and be given an opportunity to respond. In instances where the student cannot be reached to schedule an appointment with the Vice-President, or where the student refuses to cooperate, the Vice-President will send a certified letter to the student’s last known address, which will inform the student of the charges, the results of the preliminary investigation, the Vice-President’s decision, and a description of the appeals process.
- Decisional Response: Within ten (10) working days after the charge is filed, the Vice-President will notify the student of the decision. If the Vice-President determines that the student has violated the Student Code, the response will include:
- a written statement of the specific provisions(s) of the Student Code that the student violated;
- a statement of sanctions imposed;
- a statement of the student’s right to appeal the decision; and
- instructions regarding the appeals procedure.
If the Vice-President determines that the student did not violate a provision of the Student Code of Conduct, or that informal admonition or counseling has resolved the Incident Report, then verbal or written communication will state that the charge has been dismissed or mutually resolved.
V. Sanctions
Code of Conduct sanctions or penalties are defined below. Any of these may be applied for any student enrolled full-time or part-time in any curriculum, continuing education or literacy program of the college and to identifiable groups and organizations that are a part of the college community.
Repeating an offense for which a sanction has been imposed will be grounds for the imposition of a more severe sanction.
Any student, staff, faculty member or other college employee may give any student or group an admonition, warning, or reprimand at any time without due process. The Vice-President of Student Development and the Disciplinary Review Committee will impose more severe sanctions.
- Individual Sanctions:
- Admonition: Friendly advice, counsel, criticism, or rebuke that may be given in oral or written form.
- Warning: Oral or written notice that continuation of specified conduct may be cause for more severe disciplinary action.
- Reprimand: Written criticism for violation of specified college policy or regulation.
- Temporary Suspension: Exclusion from class and/or other privileges or activities as set forth in the notice, until a final decision has been made concerning alleged violation.
- Restitution: Paying for damaging, misusing, destroying, or losing property belonging to the college, college personnel, or students.
- Loss of Academic Credit or Change of Grade: Imposed because of academic dishonesty. Instructors may change a grade or require another measure of competency in cases of academic dishonesty if due process is given to the student. Student may appeal the sanction of an instructor by following the college’s Grade Appeal Procedure.
- General Probation: Imposed for involvement in a minor Student Code of Con duct disciplinary offense. General Probation has two important implications: (1) the individual is given a chance to show his or her capability and willingness to observe the Student Code of Conduct without further penalty; and (2) if he or she violates the Code again, additional sanctions will be imposed.
- Restrictive Probation: Results in loss of good standing. Notation of this is made in the individual’s record. Restrictive conditions may limit activity in the college community. Generally the individual will not be eligible for initiation into any local or national organization, and may not receive any college award or other honorary recogni tion. The individual may not occupy a position of leadership or responsibility with any College or student organization, publication, or activity. Any violation of Restrictive Probation may result in immediate suspension.
- Suspension: Exclusion from class(es) and/or all other privileges or activities of the college for a specified time. This sanction is reserved for those offenses warranting discipline more severe than probation or for repeated misconduct. Students who receive this sanction must get specific written permission from the Vice-President of Student Development before returning to campus.
- Expulsion: Dismissing a student from campus for an indefinite period. The student loses his or her student status. The student may be readmitted to the college only with the approval of the College’s president.
- Group Sanctions:
Group General Probation: This is given to a college club or other orga nized group for a specified period. If group violations are repeated during the term of the probation, the charter may be revoked or activities restricted.
Group Restrictive Probation: Removing college recognition during the semester in which the offense occurred or for a longer period. While under restriction, the group may not seek or add members, hold or sponsor events in the college community, or engage in other activities as specified.
Group Charter Revocation: Removal of college recognition for a group, club, society, or other organization. A group may petition for re-charter if the president or his or her designee approves a time frame.
If a student wishes to appeal a disciplinary action of the Vice-President, the student will follow the Student Grievance Procedure.
Student Grievance Procedure
In this section:
MCC has a Student Grievance Procedure established to give you the ability to appeal decisions when you feel they are wrong. You must follow the procedures listed in this section in order to have a grievance considered.
Students should make every effort to resolve a dispute on their own before undertaking action through the Grievance Procedure. The College’s goal is to find solutions at the lowest possible level and to keep proceedings relating to student disciplinary action as informal and confidential as possible, while at the same time providing proper safeguards in any disciplinary proceedings. The student should speak with the instructor(s), administrator(s) or staff involved and exhaust those efforts before beginning a grievance proceeding. The College recognizes, however, that not all student grievances concerning disciplinary action will be settled satisfactorily between a student and the person initiating the action and for this reason, has adopted procedures to assist in formal disciplinary appeals. This process is designed to be used by students, not their surrogates.
Using the Grievance Procedure
In order to provide an orderly procedure for handling student grievance cases in accordance with due process and justice, the following procedures will be followed:
- A student may choose to grieve any sanction imposed by a College faculty or
staff member. The grievant must present to the Vice President of Student
Development a completed Incident Form within five (5) days of the sanction describing the following:
- name of the student(s) involved,
- the alleged violation of the specific Code of Conduct,
- the time, place, and date of the incident,
- names of the person(s) directly involved or witnesses to the infraction(s),
- any actions taken that relate to the matter,
- desired solutions.
The Vice President of Student Development, or his/her designee, will serve as the student advocate to ensure that the student’s rights are not violated.
- 2. The Vice President of Student Development will schedule a meeting
with the Grievance Committee within five (5) working days after receipt of
the grievance. The Grievance Committee is comprised of MCC employees
and students, and it is their job to assure fairness in all decisions affecting
students. The Vice President will not have a vote in the Committee’s decision.
The Committee shall hold interviews with the grievant singularly and with
any individual they deem important to the investigation, and in the absence
of other witnesses. Within five (5) working days after the Committee meeting, the Committee will respond in writing to the student. The student will sign and date the response of the Committee. The Committee may act as follows:
- Drop the charges.
- Uphold the sanction(s) consistent with those shown in the
Student Handbook.
- Impose further sanctions consistent with those shown in the
Student Handbook.
- Refer the student to a college office or community agency
for services.
- If the grievant refuses to accept the findings of the Committee, he/she may
appeal the decision to the President within five (5) working days after
receiving the decision of the Grievance Committee. The President will
investigate as he/she sees fit. Within ten (10) working days after receipt
of the grievance, the President will respond in writing to the grievant of
his/her decision. The grievant will sign and date the response of the
President to acknowledge receipt.
- If the grievant refuses to accept the President's decision, he/she may request a review by the Board of Trustees. An appeal to the Board must be in writing and presented to the Chair of the Board within five (5) working days after receipt of the President’s decision. Within thirty (30) working days following receipt of the request, the Chair of the Board will determine if the grievance will be placed on the Board agenda. Should the grievance be placed on the agenda, all parties involved will be notified of the time and place for the Board hearing of the grievance. Both the grievant and appropriate faculty/staff member will make presentations to the Board at that time. The decision of the Board of Trustees shall be final.
Failure to file notice of appeal within the above specified time limit shall result in the termination of the right of appeal unless such failure to file is the result of just cause not attributable to the petitioner.
During the investigation of a student grievance, the Vice President of Student Development may return the student to the classroom during the
period of the investigation in order to avoid undue academic hardship to the
grievant. Further, the Vice President may issue temporary incidental
orders including, but not limited to, admission to or denial of access to
educational programs or any other incidental measures.
Student Rights
If you are accused of violating the Student Code of Conduct, Mayland Community College guarantees you these rights as the matter is resolved:
- You have the right to written notice of the provision of the Code of
Conduct which you are accused of violating, and a summary of the
relevant facts.
- You have the right to a hearing before the Grievance Committee.
- You have the right to review all evidence, including written statements
made against you. (Strict rules of evidence do not apply in the hearing.)
- You may present witnesses and evidence.
- You may have one person to support you, but that support person must
observe unobtrusively and allow you, the grievant, to speak for yourself.
- The parties involved may challenge the impartiality of any member of
the Grievance Committee. A temporary replacement may be appointed by
the committee chair.
The Grievance Committee
The Grievance Committee is made up of MCC employees and students whose job is to assure fairness in all decisions affecting students.
Sexual Harassment Policy
In this section:
MCC has a specific policy dealing with sexual harassment in the college community. Refer to the MCC Catalog here for the latest information.
Section 1. Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic performance; or
- submission to or rejection of such conduct by an individual is used as a basis for academic decisions affecting such individual; or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s academic performance or creating an intimidating, hostile, or offensive academic environment.
The creation of an intimidating, hostile, or offensive academic environment may include such actions as persistent comments on an individual’s sexual preferences or the display of obscene or sexually oriented photographs or drawings.
Sexual harassment does not include personal compliments welcomed by the recipient, or social interaction or relationships freely entered into by students, prospective students, or by employees or prospective employees.
Section 2. Policy Statement
It is the policy of MCC that sexual harassment in any form will not be tolerated at the institution. The college shall not condone the sexual harassment of its students or employees. All students found in violation of this policy shall be subject to disciplinary action up to and including suspension or expulsion from the College. All College employees found in violation of this Policy shall be subject to disciplinary action up to and including termination in accordance with the procedures set forth in the Cessation of Employment Policy.
In an effort to prevent sexual harassment from occurring at the institution, it is the policy of MCC to encourage the reporting of any incidents of sexual harassment and to provide a just procedure for the presentation, consideration and disposition of sexual harassment grievances.
The College further prohibits internal interference, coercion, restraint or reprisal against any student or employee who files a grievance concerning an occurrence of alleged sexual harassment.
Student Sexual Harassment Grievance Procedure
The following procedures shall generally govern a grievance of sexual harassment, except in those instances where they are impractical in view of the actual facts and circumstances, in which event the President may authorize alternative steps and measures.
In all cases where the alleged perpetrator of the sexual harassment is an employee of the College to whom the individual is to present the grievance under this framework, the individual shall report the grievance to that employee’s immediate supervisor.
- STEP 1: Students shall present a signed written grievance to the Vice-President of Student Development, who shall serve as Investigating Officer for student-filed grievances. Employees shall present a signed written grievance to the Coordinator of Personnel Services, who shall serve as Investigating Officer for employee-filed grievances. The written grievance shall contain, at a minimum, the following information:
- The date of the event, act or purported act which prompted the grievance, or the approximate date if the specific date is unknown.
- The specific grievance and the facts upon which the grievance is based, and
- The remedy or corrective action sought.
The Investigating Officer shall conduct an investigation, utilizing additional personnel and resources as needed. The Investigating Officer’s determination shall be in writing and shall contain a brief statement of the Investigating Officer’s findings and/or recommendations for resolution, and a written copy will be provided to the person filing the grievance.
- STEP 2: If the grievance is not addressed to the satisfaction of the aggrieved party by the Investigating Officer, that person may request a review by the President. A request for review must be in writing and presented to the President within five (5) working days after receipt of the decision of the Investigating Officer.
Within ten (10) working days after a request for review, the aggrieved party and the Investigating Officer shall provide in writing all pertinent information regarding the grievance to the President. The President shall review the information and hold whatever discussions are deemed appropriate and/or requested by the student or employee and/or the Investigating Officer. The President will advise the aggrieved party and Investigating Officer in writing of his/her determination and will be delivered to each.
- STEP 3: If the President’s decision is not satisfactory to the student or employee, the aggrieved person or the Investigating Officer may request a review by the Board of Trustees. A request from either must be submitted in writing and be presented to the Chairman of the Board or Secretary to the Board within five (5) working days after receipt of the decision rendered by the President.
The Chairman shall bring the request for review before the Board at least by the next regular meeting and the Board will review the written grievance and all decisions in response thereto. The Board may make or direct any other investigation it deems necessary and the aggrieved party, Investigating Officer, and the President shall be given a copy of the Board’s determination, in writing, which shall be final.
Computer Use Policy
In this section:
Policy Statement
Because the rapid pace of changes in technology also changes the ways that information may be accessed, processed, communicated and distributed by members of the College community, and because in a free and democratic society, access to information is a fundamental right of citizenship, MCC supports the principle of open access to information by students, and encourages the development by faculty and staff of appropriate skills to make use of such resources.
Recognizing that each individual user is ultimately responsible for his/her own actions, the Board adopts the following policy governing the use of institutional computing resources, and establishes conditions relative to their acceptable use for the purpose of allocating its resources and avoiding disruption of its educational programs. This policy makes no attempt to articulate all required or prohibited behavior by users of the computer resources of MCC. While ultimate decisions on access shall be made by College personnel pursuant to Section 5 (a), guidelines shall be adopted subject to the limitations of the following sections.
Acceptable and Unacceptable Uses
Computing resources owned and/or operated by MCC are intended for the use of its students, faculty, staff and other authorized individuals for purposes directly related to instruction.
It is not acceptable to utilize or make use of the computing resources of MCC:
- For any purposes prohibited by federal or state law;
- For commercial gain or profit;
- To create or propagate computerized viruses;
- To access, display, make accessible, play, publish or transmit any annoying (i.e. spamming), discriminatory, indecent, lewd, obscene, pornographic, offensive, racist, sexist, threatening or harassing language and/or materials;
- To transfer copyrighted materials to or from any computer system, or via MCC’s computer networks, except as permitted by law or by written agreement with the owner of the copyright;
- To attempt to obtain unauthorized computer access or privileges, or to attempt to trespass in the files, folders or work of another individual:
- For “snooping,” i.e., obtaining access to the files or electronic mail of others for the purpose of satisfying idle curiosity, with no substantial College business purpose; and
- For “spoofing,” i.e., constructing an electronic mail communication so it appears to be from someone else.
Further, it is not permissible to deliberately attempt to damage and/or sabotage institutional computers, computer software or computer networks.
Reservation of Rights & Limits of Liability
- MCC reserves all rights in the use and operation of its computer resources, including the right to monitor and inspect computerized files, resources and/or computer support services, or to terminate service at any time and for any reason without notice.
- The College makes no guarantees or representations, either explicit or implied, that user files and/or accounts are private or secure.
- The College and its representatives are not liable for any damages and/or losses associated with the use of any of its computer resources or services.
- The College reserves the right to limit the allocation of computer resources for users, i.e. bandwidth, computer time, disk space, etc.
Electronic Mail
- Access and Use of Electronic Mail: Only MCC faculty, staff, and students and other persons who have received permission under the appropriate College authority are authorized users of the College’s electronic mail systems and resources.
The use of any College resources for electronic mail must be related to College business, including academic pursuits. Incidental and occasional personal use of electronic mail may occur when such use does not generate a direct cost for the College. All uses of electronic mail utilizing MCC computer resources are subject to the provisions of this policy.
- Monitoring and Disclosure of Electronic Mail: MCC will make reasonable efforts to maintain the integrity and effective operation of its electronic mail systems, but users are advised that those systems should in no way be regarded as a secure medium for the communication of sensitive or confidential information. Because of the nature and technology of electronic communication, the College can assure neither the privacy of an individual user’s use of the college’s electronic mail resources nor the confidentiality of particular messages that may be created, transmitted, received, or stored thereby.
The College will not monitor electronic mail as a routine matter but it may do so to the extent permitted by law as the College deems necessary for purposes of maintaining the integrity and effective operation of the College’s electronic mail systems. Any user of the College’s electronic mail resources who makes use of an encryption device to restrict or inhibit access to his or her electronic mail must provide access to such encrypted communications when requested to do so under appropriate College authority.
To the extent permitted by law, the College reserves the right to access and disclose the contents of faculty, staff, students’, and other users’ electronic mail without the consent of the user. The College will do so when it believes it has a legitimate business need including, but not limited to, those listed below, and only after explicit authorization is obtained from the appropriate College authority:
- in the course of an investigation triggered by indications of misconduct or misuse
- as needed to protect health and safety
- as needed to prevent interference with the academic mission, or
- as needed to locate substantive information required for College business that is not more readily available by some other means
The College will inspect and disclose the contents of electronic mail when such action is necessary to respond to legal processes and to fulfill the College’s obligations to third parties.
- Public Inspection and Archiving of Electronic Mail: Electronic mail of students may constitute “education records” subject to the provisions of the federal statute known as the Family Educational Rights and Privacy Act of 1974 (FERPA). The College may access, inspect, and disclose such records under conditions that are set forth in the statute.
North Carolina law provides that communications of College personnel that are sent by electronic mail may constitute “correspondence” and, therefore, may be considered public records subject to public inspection under North Carolina General Statutes 121 and 132.
Electronic files, including electronic mail, that are considered to be public records are to be retained, archived and/or disposed of in accordance with current guidelines established by the North Carolina Department of Cultural Resources.
Violations
Violation of any of the provisions of this policy may result in suspension of computing privileges, disciplinary review, dismissal, termination, and/or prosecution in accordance with applicable federal, state or local statutes or ordinances.
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