Policies – Page 4 – Glen Oaks Community College

January 9, 2019

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It is the policy of Glen Oaks Community College to investigate any report of a missing student who is attending classes at GOCC and who resides in on-campus housing.

A student will be deemed missing when reported absent from the College and/or the student housing building without any known cause and/or for a reasonable period of time. A reasonable period of time may vary based upon student’s routine and habits, punctuality, reliability, reports of suicidal thoughts, drug and alcohol use, or if the student might be in the company of individuals who could endanger the student’s welfare or place the student in a life threatening situation.

All reports of missing students must be directed to the Campus Security Officer at 269-294-4312; in these instances, the Campus Security Officer will take the lead in investigating each report and make a determination whether the student is missing in accordance with this policy. At that time, the Campus Security Officer will contact local law enforcement within 24 hours after the College receives a report that a student is missing.

All students have the option to identify an emergency contact person or persons who will be notified within 24 hours in the event a determination is made by local law enforcement that the student is missing. This contact information may be added through the Student Housing Office. It is the student’s responsibility to regularly update any changes to existing contact information through the Student Housing Office. This information will be registered confidentially. Only authorized campus officials and law enforcement officers may have access to this information.

If a missing student is under 18 years of age, and not an emancipated individual, the College will notify a custodial parent or guardian of the missing student no later than 24 hours after the determination by law enforcement that the student is missing.

The Devier Student Suites are configured for apartment-style living, and there is no formal procedure or prescribed timelines for monitoring whether students are present in their assigned student suites. Student welfare and safety is paramount to the College; however, the College recognizes and makes known its limitations in obtaining accurate and timely information on the whereabouts of students.

Procedures

Any report of a missing student who reside in on-campus housing, from whatever source, must immediately be directed to the Campus Security Officer. When a student is reported missing, the Campus Security Officer will:

Initiate an investigation to determine the validity of the missing person report, including gathering information such as a description, clothing, vehicle, physical and mental state, who the student may be with, and obtaining an up-to-date photograph.
Inform the Dean of Student Services.
Make a determination as to the status of the missing student.
Notify local police or other appropriate law enforcement agencies within 24 hours after the College receives a report that the student is missing.

Upon determining the student is missing and upon notification by law enforcement, the Dean of Student Services will:

Notify the person(s) identified by the missing student as the emergency contact within 24 hours of making the determination that the student is missing. If the missing student is under the age of 18, and is not an emancipated individual, the Dean will notify the student’s custodial parent or guardian as contained in the records of the College within 24 hours of the determination that the student is missing.
Initiate whatever other action is deemed appropriate under the circumstances to be in the best interest of the missing student.

In cases of a missing student, the law enforcement agency conducting the investigation will typically provide information to the media. Law enforcement personnel are best suited to provide information to the media that is designed to elicit public assistance for a missing person. Glen Oaks Community College is available to provide consultation on communication with the investigating law enforcement agencies. Any media requests should be directed to Glen Oaks Community College and the Executive Director of Communications and Marketing.

In the case a commuter student is believed to be missing, reports should be directed to the appropriate law enforcement agency. Glen Oaks Community College will work in conjunction with law enforcement as needed.

If any provisions(s) of this policy or set of bylaws conflicts with laws applicable to Glen Oaks Community College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provisions(s) to the extent required by law.

Presented to Board of Trustees and adopted– September 14, 2017.

Emotional Support Animal Policy 3.85

January 9, 2019

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I. Purpose

Glen Oaks Community College is committed to providing reasonable accommodations to persons with mental or psychiatric disabilities and fulfilling obligations under State and Federal law and the Fair Housing Act. This policy governs the use of emotional support animals on campus and in student housing.

II. Policy Statement

Persons with verifiable mental or psychiatric disabilities may seek an emotional support animal consistent with the provisions of this policy.

III. Definitions

Emotional support animal: a companion animal that provides therapeutic benefit to an individual with a disability. Unlike service animals, emotional support animals are not individually trained to do work or perform tasks for the benefit of an individual with a disability.

IV. Emotional Support Animals on Campus

Unlike a service animal, an emotional support animal is not granted access to places of public accommodation. Under the federal Fair Housing Act (FHA), however, an emotional support animal is viewed as a “reasonable accommodation” in a housing unit that has a “no pets” rule for its residents.
Students who wish to request the use of an emotional support animal to help alleviate the symptoms of a disability must make the request in writing to the Support Services for Students with Disabilities Office, located in Student Services. Requests must be made at least 30 days in advance and will be reviewed on a case-by-case basis. Students must explain how the reasonable accommodation helps or mitigates symptoms of the disability. While the student is not required to disclose the disability, he or she is required to provide acceptable documentation from a doctor or other health professional. This documentation must state that the animal indeed provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Documentation must be provided for each support animal requested.

V. General Requirements

Emotional support animals on campus must comply with all state and local licensure and vaccination requirements. Animals must be harnessed, leashed, or tethered.
The care and supervision of an emotional support animal is the responsibility of the individual who uses the animal’s service. The individual must maintain control of the animal at all times. Emotional support animals are the full responsibility of the owner. The student is responsible for the cleanup of all animal waste and for any damage caused by the animal. College officials and staff may designate animal toileting areas.
If a student is neglecting his or her service or emotional support animal, and it rises to a level where the animal is endangered, it may become a criminal matter. Service and emotional support animals are not exempt from state animal neglect laws. If any animal is being neglected, local law enforcement or animal control may intervene.
The College may place other reasonable conditions or restrictions on the animals depending on the nature and characteristics of the animal.

VI. Dispute Resolution Procedure

Disputes or disagreements about a disability determination, appropriateness of an accommodation, or an animal restriction should first be raised with the Director of the SSSD office. If the matter cannot be resolved, a dispute resolution should be submitted to the Dean of Student Services.

VII. Policy Implementation

The OSSD Office is responsible for implementing this policy. Success requires the cooperation of all students, staff, and faculty.

Approved by the Board of Trustees 6/15/2017

Due Process Policy 3.43

January 8, 2019

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I. Introduction

The fundamentals of Due Process shall be provided for students charged with violations of College codes, rules, regulations, policies or procedures. Responsibility for the disciplinary procedure shall rest with the Dean of the area where the violation occurred.
Students shall have the right to be accorded Due Process in all disciplinary actions resulting in a change of their social or academic status at Glen Oaks Community College. It is with this spirit that the following procedure has been established.

II. Definitions

ACADEMIC PROBATION: A decision to limit the number of credit hours which a student takes in any one semester until he/she improves their point average to a stated level.

APPEAL FORM: A form to be used by the student to appeal a decision by the trier of the fact.

DISCIPLINARY PROBATION: A decision to suspend a student’s privileges.

DISCIPLINARY RECORD: A summary of the action taken during a particular case, including the disposition thereof.

DISMISSAL: A decision which permanently suspends a student from College.

EVIDENCE: Any species of proof, or probative matter, presented at the hearing of an issue by one of the parties, through the medium of witnesses, records, documents, concrete objects, etc., for the purposed of inducing belief in the minds of the trier of fact.

GUILTY: A verdict of the trier of fact which indicates that there has been a violation of the college code, rule, regulation, policy or procedure.

HEARING DISPOSITION SHEET: A record of the disposition which was made after a hearing of the case.

INCIDENT REPORT: A report of the incident in which a student allegedly violated College code, rule, regulation, policy or procedure.

NOTICE OF VIOLATION OF: Written notification to a student which states specifically the alleged violation of a College code, rule, regulation, policy or procedure.

COLLEGE REGULATIONS PROBATION: A decision to permit a student who has been deemed guilty by the trier of fact to remain in the College as long as the stated conditions are achieved by the student.

REPRIMAND: An official written censure.

RESTITUTION: The restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage or injury; indemnification.

SUSPENSION: A decision which dismisses a student from the College community for a specified period of time, or until a stated condition is attained.

TRIER OF FACT: Persons who are appointed to hear and decide the student’s case, i.e., the Dean, who issues the notice, the Due Process Hearing Committee, the Appeal Board or the College President.

WAIVER OF HEARING: A form which is utilized by a student who desires to waive his right to a hearing before a trier of fact.

WARNING: An official written reprimand which stipulates that further violations of College code, rules, regulations, policies or procedures within a specified period of time may result in more severe disciplinary actions.

III. Accusation

Notice: Any student accused of violating any of the College codes, rules, regulations, policies or procedures shall be notified in writing by the Dean of the College, the Dean of Student Services or the Dean of Finance (official based on nature of offense) in the following manner:

The notice shall be in writing and hand delivered to the student or sent by certified mail to the student’s last known address, which the student has left with the Registrar’s office.
The notice shall specifically set forth the alleged violation(s) of the College code, rule, regulation, policy or procedure.
The notice shall set forth a forewarning of the possible consequences (recommended action) if the student is found to have committed the violation(s).
The notice shall offer the opportunity for a scheduled meeting between the student and the Dean, who issued the notice. This meeting should take place within five days after the student’s request for the meeting.
Neither the student nor the Dean, who issues the notice, shall have the right to be represented by an attorney at this initial conference.

Failure to Appear: If a student fails to appear at the assigned time and date for his/her meeting with the Dean and fails to advise the Dean prior to that scheduled meeting that he/she cannot be present at the assigned time and date, disciplinary action, which may include suspension or termination of the student’s registration at Glen Oaks Community College, may be imposed by the Dean.
Student Conference: At the conference with the Dean, the student shall be informed of (1) the alleged violation of a College code, rule, regulation, policy or procedure, (2) his/her rights under the Due Process Procedure, (3)his/her right to a hearing, (4) his/her right to be represented at that hearing by an attorney, and (5) his/her right to an appeal to a decision made at that hearing, and (6) his/her waiver of the right to a hearing. The Dean shall inquire of a student as to how he/she pleads to the alleged violations. The student may admit the alleged violation of the codes, rules, regulations, policies, procedures; deny the alleged violation; or stand mute. If a student denies the alleged violation or stands mute, the matter shall go to a hearing. If the student admits the allegation, the Dean may impose such discipline as shall be appropriate under the circumstances.

IV. Hearing

Forum: If the student desires a hearing, that hearing shall be before either 1) the Dean handling the situation or before 2) the Due Process Hearing Committee for Violations of Code of Conduct. The student must request the hearing in writing before either 1 or 2 aforementioned. This request must written and submitted to the Dean, who issued the original notice, in writing no longer than five (5) days after the student-Dean conference.

2. Burden of Proof: If the student denies the alleged violation(s), the administration shall have the burden to present such evidence as they may have of the alleged violation(s). Thereafter, the student may present any evidence that he/she desires to disprove the alleged violations(s).

3. Not Guilty: If the student is found not guilty, no action shall be taken by the administration. The case will be filed in the Student Services Office and no record thereof will be filed in the student’s records.

4. Guilty: If the student is found guilty, the student shall be notified in writing of the penalty (hearing opinion). Thereafter, the student must comply with the penalty which is imposed.
5. Per Policy 3.24, there is no grade appeal beyond the Dean of Academics & Extended Learning.

July 1992, (Position titles updates 7/2002), revised 9/14/05, 9/17/14, updated to match catalog 7/2018

Code of Conduct Policy 3.42

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CODE OF CONDUCT

The code of conduct as set forth below applies specifically to student and visitor behavior while at any College facility or while attending any College function. Rights are basic to the freedom to learn and must be based upon both mutual respect and responsibility.

When a student enrolls at Glen Oaks Community College, he/she agrees to abide by all College regulations. Therefore, violations of any rule of the following code of conduct will result in appropriate disciplinary action. Infractions of the code include, but are not limited to, the following:

Disrupting the rights or freedom of others in any manner or by physical or verbal abuse.
Failure to comply with directions of College officials who are acting in the performance of their duties.
Failure to show proper identification to requesting College officials who are acting in the performance of their duties.
Cheating, plagiarism or any other form of academic dishonesty.
Falsifying information, e.g., forgery, alteration, or intentional misuse of College documents, records or identification or failure to provide required records.
Theft of or damage to College property.
Violation of College policies or regulations.
Disorderly, lewd, indecent, or obscene conduct or expressions.
Attendance in class or at any College functions while under the influence of alcoholic beverages or narcotics or drugs.
Illegal possession, use, sale or exchange of narcotics or drugs.
Unauthorized possession, use, sale or exchange of alcoholic beverages.
Unwelcomed sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that unreasonably interferes with another and creates an intimidating, hostile or offensive environment.
Failure to adhere to rules and regulations governing the use of vehicles on campus.
Conduct in the classroom which precludes professors/instructors from performing their functions.
Unauthorized use of the name of the College or a College-related agency.
Use of tobacco products in College facilities.
Tampering with safety equipment, including but not limited to fire alarms, fire extinguishers, emergency exits.
Unauthorized possession of firearms or other weapons on campus.
Unauthorized presence on campus during non-instructional hours or failure to properly supervise guests.
Violation of the College’s Internet policy as set forth in the Internet Student Use Policy (Policy 3.60).
Any act of whatsoever nature that interferes with normal operation of the College or which adversely affects the student’s suitability as a member of the College community.
Possession or attempted use of any weapon of terror or mass destruction.
Gambling by a student on college campus or while attending a college sponsored event.
Failure to pay fines, fees or other debt to the college.
Failure to return college property loaned to the student.

⇓ Show Infractions

⇓ A. Jurisdiction of the College Student Code of Conduct

Students and visitors are subject to immediate removal from College property when, in the sole discretion of the President, or a representative, removal is necessary to protect the rights and safety of College students or employees.

Students shall have the right to be accorded due process in all disciplinary actions resulting in a change of their social and/or academic status at Glen Oaks Community College. It is with this spirit that procedures have been established.

Students may be suspended from College classes and/or activities pending due process procedures by the President or representative when, in the President’s or representative’s sole discretion, such action is necessary to protect the rights and safety of College students or employees.

Visitors are subject to criminal charges or civil liability for improper conduct on College property. Readers of this policy are also referred to a related Policy, 3.51, Student Policies General.

DUE PROCESS

PREAMBLEARTICLE I: DEFINITIONSARTICLE II: STUDENT CODE AUTHORITYARTICLE III: PROSCRIBED CONDUCTARTICLE IV: STUDENT CONDUCT PROCESS (DUE PROCESS)ARTICLE V: INTERPRETATION AND REVISION

Glen Oaks Community College exists so that the people it serves have learning and enrichment opportunities to improve their quality of life and their standard of living. GOCC supports a positive educational environment that will benefit student success. In order to ensure this vision, the College has established guidelines for the redress of grievances by individuals accused in such proceedings. In addition, the College has established a Student Code of Conduct and Student General Rules and Guidelines to ensure the protection of student rights and the health and safety of the College community, as well as to support the efficient operation of College programs.

In cases of noncompliance with the Student Code of Conduct Student and the General Rules and Guidelines, the College will impose sanctions that are consistent with the impact of the offense on the College community (See Article IV (C) below). The college reserves the right to pursue criminal and/or civil action where warranted. The Student General Rules and Guidelines and Student Code of Conduct shall apply from the time of admission to the college and continue as long as the student remains enrolled at the college. They shall also be applicable to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

If an individual has violated the Student Code of Conduct or the General Rules and Guidelines on college property while not enrolled as a student at the college, but then later seeks to enroll, he or she must first contact the Vice President of Student Services (or a designee). The same Due Process procedures listed in Article IV below will be followed to determine an admission decision.

The term “College” means Glen Oaks Community College.
The term “Student Code” refers to the College’s Student Code of Conduct.
The term “General Rules” refers to the Student General Rules and Guidelines.
The term “student” includes all persons currently enrolled at the College, either full-time or part-time. This code applies to all current students of GOCC regardless of their geographical location.
The term “faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty union.
The term “College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
The term “member of the College community” includes any person who is a student, faculty member, College official or staff member employed the College, or any authorized non-employed personnel (such as interns). A person’s status in a particular situation shall be determined by the Vice President of Student Services (or a designee).
The term “College premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, or controlled by the College (including adjacent streets and sidewalks).
The term “harassment” means repeated, malicious mistreatment, verbal abuse, or conduct that is threatening, intimidating, humiliating, insulting, isolates people, or undermines their reputation through verbal or nonverbal communication.
The term “Judicial Board” means a group of persons authorized by the Vice President of Student Services (or a designee) to consider whether a student has violated the Student Code or to review the sanction(s) imposed by Vice President of Student Services (or a designee) if requested by the accused.
The term “policy” means the written regulations of the College as found in, but not limited to, the College Catalog, Course Schedule, Student Handbook, the College web site and/or other written regulations and procedures available within a department or division.
The term “cheating” includes, but is not limited to attempted or actual:
1. use of any unauthorized assistance in taking quizzes, tests, or examinations;
2. use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
3. the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff;
4. engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion for the purposes of academic credit;
5. allowing or participating in cheating by other students or
6. other acts of dishonesty within the College but outside of the classroom.
The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
The term “academic negligence” means unknowingly or unintentionally claiming credit for the work or effort of another person.
The term Complainant means any person who submits a report alleging that a student violated this Student Code or the General Rules. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the complainant, even if another member of the College community submitted the charge itself. Requests to receive information regarding the Respondent must be in writing and submitted to the Student Services Divisional office.
The term Respondent means any student accused of violating this Student Code or General Rules, or any other rule or policy of the College.

The Vice President of Student Services (or a designee) shall determine whether or not the Judicial Board shall be authorized to hear each matter.
The Vice President of Student Services (or a designee) shall develop policies for the administration of the Code of Conduct process and procedural rules for the conduct of Judicial Board hearings that are consistent with provisions of the Student Code and the General Rules.
Decisions made by the Judicial Board and/or the Vice President of Student Services (or a designee) shall be final, pending the normal appeal process.

A. Jurisdiction of the College Student Code of Conduct

The College Student Code shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Students shall be responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President of Student Services (or a designee) shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.

⇓ B. Conduct—Rules and Regulations

B. Conduct—Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

Acts of dishonesty, including but not limited to the following:

Cheating (as defined in Article I (L)), plagiarism (as defined in Article I(M)), academic negligence (as defined in Article I(N)) and any other forms of academic dishonesty.
Misrepresentation of facts or furnishing false information to any College official, faculty member, staff or office.
Forgery, alteration, or misuse of any College document, record, or instrument of identification.
Perceived, attempted or actual Financial Aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.

Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
3. Physical abuse or assaults, verbal abuse, threats or threatening behavior, intimidation, harassment, coercion, bullying, and/or other conduct which threatens or endangers the health or safety of any person (including, but not limited to, messages sent via text messages, emails, social media, or any electronic format). This provision also includes, but is not limited to: unlawful discrimination or related harassment on the basis of race, color, sex, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, or veteran’s status.
Sexual harassment which includes, but is not limited to:

Conduct of a sexual nature (including, but not limited to: intentional touching of a sexual nature, repeated/unwelcomed advances, comments of a sexual nature) that creates an intimidating, hostile or offensive campus, educational or working environment for another person.
Obscene or indecent behavior which includes, but is not limited to: indecent exposure and the display of sexual behavior that would reasonably be offensive to others.
Retaliation against anyone who files a complaint or participates in an investigation relating to this provision.

* Sexual harassment that falls under the jurisdiction of Title IX will be handled by the Title IX Coordinator per the College’s Sex/Gender-Based Discrimination and Harassment Policy. Under Title IX, at least one of the following has occurred:

Providing an aid, benefit or service of the College conditional upon an individual’s participation in unwelcome sexual conduct;
Unwelcome conduct on the basis of sex that a reasonable person would deem so severe, pervasive and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
Sexual assault as defined by the Clery Act (forcible and non-forcible sex offenses, dating violence, domestic violence, and stalking)

Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
Hazing which is defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are still violations of this rule.
Failure to comply with the directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication or the use of keys to any College premises or unauthorized entry to or use of College premises.
Violation of any published College policy, rule, or regulation, including those in a course syllabus. Violation of any federal, state or local law.
Use, possession, manufacturing, distribution, or being under the influence of marijuana, illegal drugs, narcotics, or other controlled substances except as expressly permitted by federal law. Possession of drug paraphernalia is also prohibited on campus.
Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication.
Possession of firearms (even if legally possessed), tasers, stun guns, explosives, weapons, or dangerous chemicals on College premises, or use of any such item in a manner that harms, threatens or causes fear to others. The definition of a weapon includes but is not limited to a pistol or other firearm, dagger, razor, knife, or any other dangerous or deadly weapon or instrument.
College Property covered by this policy includes, without limitation, all College owned or leased buildings and surrounding areas such as sidewalks, driveways and parking lots under the College’s ownership or control. College vehicles are covered by this policy at all times regardless of whether they are on College property.
Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.
Conduct that is disorderly; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly Conduct includes but is not limited to: the use of any device to capture audio, video or digital record or photograph of any person while on College premises or College events where there is a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.).
Theft or other abuse of computer facilities and resources, including but not limited to:
1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
2. Unauthorized transfer of a file.
3. Use of another individual’s identification and/or password.
4. Use of computing facilities and resources to interfere with the work of another student, faculty member or College Official.
5. Use of computing facilities and resources to send obscene or abusive messages.
6. Use of computing facilities and resources to interfere with normal operation of the College computing system.
7. Use of computing facilities and resources in violation of copyright laws.
8. Any violation of the GOCC Acceptable Use Policy.
Abuse of the Student Code process, including but not limited to:
1. Falsification, distortion, or misrepresentation of information before the Judicial Board.
2. Disruption or interference with the orderly conduct of a Judicial Board proceeding.
3. Attempting to discourage an individual’s proper participation in, or use of, the Student Code process.
4. Attempting to influence the impartiality of a member of a Judicial Board member prior to, and/or during the course of, the Judicial Board Hearing.
5. Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a Judicial Board Hearing.
6. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
7. Influencing or attempting to influence another person to commit an abuse of the Student Code process.
Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.

⇓ C. Violation of Law and College Discipline

C. Violation of Law and College Discipline

College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President of Student Services (or a designee). Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of the College’s Code were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of the status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

A. Charges

Any member of the College community may file a report against a student for alleged violations of the Student Code or General Rules. An allegation of a Student Code or General Rules violation must be directed to the Vice President of Student Services (or a designee). Reports may be made in person, in writing, or through the college’s online reporting tool at glenoaks.edu/public-safety/report-a-concern. Any report of a violation of the Student Code or General Rules should be submitted as soon as possible after the event takes place, preferably within a week.
The Vice President of Student Services (or a designee) will conduct an impartial and reliable preliminary investigation of all allegations to determine if the allegations have merit and/or if they can be disposed of administratively. Such disposition shall be final and there shall be no subsequent proceedings.
If it is determined that the allegation has merit, the Respondent will receive written notification via the student’s college-generated email that an alleged violation has occurred. In the notification, the student will be assigned an appointment date and time with the Vice President of Student Services (or a designee) to review the facts concerning the alleged violation in order to determine if formal charges should be prepared. Students needing to reschedule the appointment date or time or needing to request accommodations for the proceedings must contact the Vice President of Student Services (or a designee) within five business days of the date listed on the notification letter.
During this meeting, the Respondent meets one on one with the Vice President of Student Services (or a designee). A parent or advisor will only be allowed in this meeting at the discretion of the Vice President of Student Services (or a designee) when appropriate. In addition, a FERPA (Family Educational Rights and Privacy Act) Authorization to Release Information form must be signed.
If the Respondent is unable to, or does not wish to meet with the Vice President of Student Services (or a designee) in person, the student may submit a notarized statement in writing responding to the allegation, within the notification period. Other arrangements may be made to facilitate the meeting such as video or teleconference when a face to face meeting may be difficult for the student and at the sole discretion of the Vice President of Student Services (or a designee). In situations where a meeting other than a face to face meeting will be held, the student must provide a copy of their identification to the divisional office before the meeting occurs. However, a face to face meeting is the preferred option.
After reviewing the facts with the Respondent, or after reviewing the Respondent’s statement, a decision will be made whether to prepare formal charges, and the accused student will be promptly informed.
1. In cases in which the Respondent is accused of misconduct (non-Title IX) and potential sanctions include suspension or expulsion, the Respondent may request a judicial board hearing. The hearing may include an opportunity for cross examination. The Judicial Board then recommend formal charges and sanctions to the Vice President of Student Services (or a designee).
In the event that the student fails to appear at the student’s scheduled appointment time or fails to contact the Vice President of Student Services (or a designee) within five (5) business days of the date listed on the written notification a hold may be placed on the student’s record which may result in the student’s enrollment being delayed. The Vice President of Student Services (or a designee) will then review the facts available without the benefit of the student’s participation and make a decision whether to prepare formal charges.
If a decision is made to prepare formal charges, the Vice President of Student Services (or a designee) shall notify the Respondent of the formal charges and imposed sanctions associated with those charges.
If the Responding Student is found Responsible for a violation of the Student Code of Conduct, the assigned sanctions must be completed within the timeframe listed on the student’s formal charges letter.
A Student may appeal the findings and/or sanctions of the Vice President of Student Services (or a designee). All appeals must be in writing and submitted to the Vice President of Student Services within five business days of the date listed on the formal charges letter. The case will then be referred to a Judicial Board for a hearing. The determination of the Judicial Board is final.
1. In cases in which a Respondent participated in a hearing by a Judicial Board for alleged sexual harassment (non-Title IX) and was found responsible for the conduct by the Judicial Board, an appeal of the findings or sanctions will be reviewed by an Appellate Officer. The decision of the Appellate Officer is final.
If the Complainant requests an alternate form of resolution, and the Respondent agrees, the parties will engage in informal mediation. If the informal mediation results in mutual satisfaction of both parties, then the case will be considered adjudicated. If the case is not adjudicated, then it may be forwarded to the Judicial Board for a hearing.

B. Judicial Board Hearing

Prior to a Judicial Board hearing, the accused student shall be entitled to the following:
1. A written statement of a decision rendered and/or charges so that the Respondent may prepare a defense;
2. Written notification of how the alleged violation came to the College’s attention.
3. The student shall be entitled to an expeditious hearing of the case.
Members of the Judicial Board shall be appointed by the Vice President of Student Services (or a designee) and shall be comprised of the following:
1. The Vice President of Student Services (or a designee) will serve as the Chairperson. When the Judicial Board is hearing an appeal based on a disciplinary decision of the Vice President of Student Services (or a designee), the Vice President of Student Services (or a designee) will relinquish the Chair, and a temporary Chairperson will be appointed.
2. Two GOCC employees (a combination of faculty and/or staff) who are trained hearing officers selected by the Vice President of Student Services.
Judicial Board hearings shall be conducted by the Judicial Board according to the following guidelines except as provided by article IV(A)(7) below:
1. The Judicial Board hearing will be scheduled at the convenience of the sitting Board members; however, all efforts will be made to schedule the hearing within 3 weeks.
2. All Judicial Board hearings shall be conducted in private.
3. The Complainant and Respondent have the right to be assisted by one advisor or advocate they choose at their own expense (if applicable). The Complainant and/or the Respondent is responsible for presenting the information, and therefore, advisors are not permitted to speak or to participate directly in any Judicial Board hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Judicial Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire portion of the Hearing Phase (excluding deliberations). Admission of any other person to the Judicial Board hearing shall be at the sole discretion the Chair (or a designee.)
4. In Judicial Board hearings involving more than one Respondent, the Chair (or a designee), in the Chair’s sole discretion, may permit the Judicial Board hearings concerning each student to be conducted either separately or jointly.
5. The Complainant, the Respondent and the Judicial Board may arrange for witnesses to present pertinent information to the Judicial Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Reporting and/or Responding parties at least two weekdays prior to the Judicial Board hearing. Witnesses will provide information to, and answer questions from, the Judicial Board. The tone of the hearing should be educational and not adversarial. Questions of whether potential information will be received shall be resolved in the sole discretion of the Chairperson of the Judicial Board.
6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Judicial Board at the sole discretion of the Chairperson.
7. All procedural questions are subject to the final decision of the Chairperson of the Judicial Board.
8. Requests for a continuance shall be at the discretion of the Chairperson of the Judicial Board.
9. After the portion of the Judicial Board hearing concludes in which all pertinent information has been received, the Judicial Board shall determine (by majority vote) whether the Respondent has violated each section of the Student Code in which the student is being charged. However, the Board may also suggest a different charge to the Chairperson if they believe the facts support charge(s) different than the charge(s) for which the student was originally charged. The Judicial Board will also recommend an appropriate sanction to the Chairperson.
10. The Judicial Board’s determination shall be made on preponderance of evidence, the basis of whether it was “more likely than not” the Respondent violated the Student Code or General Rules.
11. Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used and do not apply in Student Code of Conduct proceedings/hearings.
12. If a disruption occurs during the hearing, the Chairperson, in the Chair’s role discretion, may have the disruptive party removed from the hearing.
There shall be a single verbatim record, such as a digital recording, of all Judicial Board hearings. Deliberations shall not be recorded. The record shall be the property of the College. This recording will be maintained only until the appeal process has concluded (if applicable) or until the time of appeal has lapsed. For the purposes of FERPA the recording is considered an educational record and cannot be released unless a release is signed by all students with identifiable information contained in the recording. The recording may be requested under FOIA (Freedom of Information Act) if the hearing only involved one student without any witnesses, and the student is the individual requesting the recording.
If the Respondent, with notice, elects not to appear before a Judicial Board hearing, the student shall be considered to have waived the right to appeal, and the decision at the prior level stands. If the Judicial Board is the initial decision maker, the information in support of the charges shall be presented and considered by the Judicial Board even if the Respondent or the Complainant is not present.
The Chairperson may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video, audio written statement, or other means, where and as determined in the sole judgment of the Vice President of Student Services or a designee to be appropriate.
Once the Judicial Board has made a decision as to whether more likely than not the Respondent violated the Student Code of Conduct, the Judicial Board will make recommendations to the Chairperson regarding an appropriate sanction.
After receiving the recommendations of the Board, the Chairperson will decide the most appropriate sanction proportionate to the violation.
Due Process procedures apply to complaints of unlawful discrimination or related harassment on the basis of race, color, age, religion, national origin, creed, ancestry, familial status, disability, marital status, height, weight, sexual orientation, veteran’s status, or sexual discrimination including sexual misconduct and sexual harassment raised by employees, students, or third parties against any currently enrolled GOCC students in accordance with Title IX.
In addition, GOCC will take steps to prevent the recurrence of any discrimination by the Respondent through appropriate sanctions listed under Article IV(C)(1)(a-k) as well as remedy the discriminatory effects on the Complainant or victims through appropriate administrative action.
The Complainant will receive information regarding the notification of alleged violations to the Respondent, as well as, the outcome and final decision of the case.

C. Sanctions

1. In cases of noncompliance with the Student General Rules or a violation of the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the College community. Progressive discipline principles will be followed in that the student’s prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the following:
  1. Verbal Warning– Student is given a verbal warning and a notation is made in the student’s disciplinary file.
  2. Written Warning— A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student’s disciplinary file.
  3. Probation— A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
  4. Loss of Privileges— Denial of specified privileges for a designated period of time.
  5. Restitution— Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  6. Discretionary Sanctions— Work assignments, essays, service to the College, Community Service or other related discretionary assignments.
  7. College no contact orders– between the Respondent and the Complainant (when appropriate).
  8. College Suspension— Separation of the student from the College for a definite period of time(usually a year or less) after which the student is eligible to return. Conditions for readmission may be specified.
  9. College Dismissal— separation of the student from the College for a year or more. The student may be eligible for return. Conditions for readmission may be specified.
  10. College Expulsion— separation of the student from the College permanently.
  11. Revocation of Admission and/or Degree— Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
2. Withholding Degree or Certificate — The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
3. More than one of the sanctions listed above may be imposed for any single violation.
4. The following sanctions may be imposed upon groups or organizations:
  1. Those sanctions listed above in article IV(B)(1) (a-k).
  2. Loss of selected rights and privileges for a specified period of time.
  3. Deactivation. (Loss of all privileges may be issued, including College recognition, for a specified period of time.)
5. Once the Judicial Board has determined that a student and/or group or organization has violated the Student Code or General Rules, the sanction(s) shall be recommended by the Judicial Board to the Chair. The Chairperson shall make a final determination of the sanction to be imposed, taking into consideration the Judicial Board’s recommendations.
6. Following the Judicial Board hearing, the Judicial Board and the Chairperson shall advise the Respondent, group and/or organization in writing of the decision/finding and of the sanction(s) imposed, if any.

D. Interim Suspension

In certain circumstances, the Vice President of Student Services (or a designee), may impose a College suspension prior to a Judicial Board hearing.

Interim suspension may be imposed only in the following circumstances:
1. to ensure the safety and well-being of members of the College community or preservation of College property; or
2. to ensure the student’s own physical or emotional safety and well-being; or
3. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and including the completion of the Judicial Board hearing, if required.

E. Appeals

A decision reached by the Vice President of Student Services (or a designee) may be appealed by either the Complainant or the Respondent to the Judicial Board within five (5) business days of the decision. Such appeals shall be in writing via letter or college-generated email to the Vice President of Student Services Office.
A decision reached by the Judicial Board may be appealed either by the Complainant or the Respondent within five (5) business days of the decision. Such appeals shall be in writing via letter or college-generated email to the Vice President of Student Services. The appeal will be reviewed by an Appellate Officer of the College.
An appeal shall be limited to a review of the verbatim record of the Judicial Board hearing and supporting documents for one (or more) of the following reasons only:
1. A material deviation from written procedures that jeopardized the fairness of the process
2. New information, that was unavailable at the time of the hearing, would have resulted in a different outcome
3. A demonstrable bias by a member(s) of the hearing board
4. A sanction that is (substantially) disproportionate to the severity of the violation
If an appeal is approved by the Appellate Officer, the matter shall be returned to a new Judicial Board and Chairperson for a rehearing, which will take into consideration the suggestions made by the Appellate Officer in addition to the facts that were originally presented.
The decision of the new Judicial Board, after it has rendered its decision, shall be final and binding upon all involved.
If an appeal is not approved by the Appellate Officer, the matter shall be considered final and binding upon all involved.

F. Retaliation

The College seeks to foster an environment in which all employees and students feel free to report incidents of misconduct without fear of retaliation or reprisal. Therefore, the College strictly prohibits retaliation against any individual for filing a complaint or for participating in an investigation or hearing. Retaliatory conduct constitutes a violation of this code.

Any student who believes that they have been harassed or retaliated against in violation of this policy should immediately report such incidents to the Vice President of Student Services.

All allegations of retaliation will be thoroughly investigated. If it is determined that retaliation has occurred, the College will take all reasonable steps within its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to disciplinary action, up to and including expulsion.

Any question of interpretation or application of the Student Code or General Rules shall be referred to the Vice President of Student Services (or a designee) for final determination.
The Student Code shall be reviewed every year under the direction of the Vice President of Student Services (or a designee).

Adopted by Board of Trustees March 10, 1993, revised 6/9/99, 10/9/02, 9/14/05, reviewed 9/17/14, revised 10/12/2017, revised 10/15/19, revised 8/26/20.

Children on Campus Policy 3.55

1207 Views

To protect the safety of young visitors and to avoid disruptive behavior, young children accompanying employees, students or visitors of Glen Oaks Community College must be under the constant supervision of a responsible adult while on Glen Oaks property. This means, specifically, that there must be an unobstructed line-of-sight between the child (or children) and the adult responsible for their care. Children who are taking part in organized, scheduled activities, minors who have been admitted to Glen Oaks Community College, and dual enrolled high school students, may be on campus without adult supervision. In all other cases, minor children, however, must remain under the constant supervision of their parent or adult guardian while on GOCC property. Minor children should not be brought into classrooms, laboratories or other areas of instruction without prior approval. Should the student-parent experience an emergency where there is no other option but to bring the child to campus, classroom faculty or the administrative heads of other units will determine if the child may be allowed to quietly sit in the classroom or with the student-parent in some other location. A child will be removed from the setting if his or her presence is determined to be disruptive to the learning process.

The College does not allow children to be left unattended on our property due to security and child welfare concerns. Parents who have problems with childcare should visit the Student Services Office to receive referrals to childcare services in the area.

8/2013, reviewed 9/2014

Alcohol and Drug Abuse Policy 3.40

1320 Views

Philosophy

The Glen Oaks Community College Board of Trustees certifies and pledges that it will provide a drug-free workplace and learning environment for its employees and students. This pledge is in compliance with the Drug-Free Workplace Act of 1988, 34 CFR Part 85, Subpart F and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226).

Glen Oaks Community College recognizes that clear evidence exists that the misuse and abuse of alcohol and drugs can erode the foundation of the College’s goals and objectives and can diminish the attainment of intellectual, social, physical and moral growth and development. Glen Oaks is committed to a healthy and productive college environment by providing free literature and abuse referral services.

Standards of Conduct

The Glen Oaks Community College Board of Trustees prohibits the possession, use, distribution, dispensing and unlawful manufacturing of illegal drugs, narcotics or controlled substances on the College campus, in student housing, or at any College-approved student activity (i.e., College-approved student travel and for overnight stays).
Marijuana prescribed for medicinal purposes is also prohibited on the College campus, in student housing, or at any College-approved student activity. GOCC receives federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal research grants. As a condition of accepting these funds, the College is required to certify that it complies with the Drug-Free Schools and Communities Act (DFSCA) (20 U.S.C. 1145g part 86 of the Drug and Alcohol Abuse Prevention Regulations). The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. A 811) which does not recognize the difference between medical and recreational use of marijuana. Thus, to comply with the Federal Drug Free School and Communities Act and to avoid losing federal funding, Glen Oaks Community College must prohibit all marijuana use, including medical marijuana.

No alcohol or other intoxicating liquors shall be kept, used or consumed on campus, in student housing, or at any College-approved student activity (i.e., College-approved student travel and/or overnight stays), except at approved functions.

Persons who are on the College campus and who appear to be under the influence of alcoholic beverages, narcotics or illegal drugs, will be removed from the College campus.

Any person taking prescription drugs or over-the-counter medication is individually responsible for ensuring that while taking the drug or medication, he/she is not a safety risk to themselves or others while on College property, at College-related events, while driving a College or privately owned vehicle while engaged in College business. It is illegal to misuse prescribed drugs contrary to the prescription or to give or sell the prescribed drug(s) to another person.

Legal Sanctions

Glen Oaks Community College abides by all local, state and federal laws and may ask an appropriate law enforcement agency to impose appropriate sanctions if a violation of any local, state or federal law shall take place on the College campus or at any College function.

When there is probable cause, which is based upon credible information, Glen Oaks Community College may require that a student or employee be tested for alcohol or illegal drugs. The failure to submit to a breathalyzer test for alcohol or a urinalysis test for illegal drugs may result in disciplinary action. The words “probable cause” as used herein shall be defined as a reasonable basis for the formulation of a belief that an individual is using and/or abusing alcoholic beverages or illegal drugs. The words “credible information” is defined as including, but not limited to, the following “warning signs”:

Excessive absenteeism or tardiness

Excessive illness

Deteriorating or inconsistent work performance

Increased carelessness

Decrease in attention span, especially after breaks or lunch

Frequent brushing of the teeth or use of mouthwash, breath spray, breath mints or other breath fresheners, especially before conferences with instructors or administrators

Substantial increase in use of the rest room or water cooler

Avoidance of instructors, administrators or other students, especially if this is a recent change in behavior

Deteriorating or inconsistent attention to personal grooming and neatness

Financial problems, especially if the student has not previously had such problems

Frequent licking of the lips

Nervousness, especially when discussing work performance or personal life

Gastric disturbances or change in appetite

Insomnia

Moody behavior or “mood swings”

Unexplainable bruised and/or puffy skin, especially in the face

Dilated pupils

Slurred or incoherent speech

Lack of dexterity

Uncontrollable crying or laughing

Glen Oaks Community College students and employees can assist in the detection of the use and/or abuse of alcohol and drugs by looking for these “warning signs”. Students or employees who use and/or abuse alcoholic beverages and/or drugs while on campus, in student housing, or while attending a College-approved student activity shall be subject to sanctions that may include any of the following: verbal warning, written letter of censure, suspension or immediate dismissal (should the behavior be both improper and a potential threat to the College or the College community). A student convicted of a drug-related offense under federal or state law may also become ineligible for federal student aid under federal law.

Pre-Employment Drug Testing

In order to strive toward a drug-free workplace, Glen Oaks Community College will require a pre-employment urinalysis for new employees. This applies to all full-time and part-time permanent positions at Glen Oaks Community College. The urinalysis will be performed by a reputable clinical laboratory, the expense of which will be assumed by Glen Oaks Community College. If the urinalysis registers a positive result (the presence of narcotics or illegal drugs), the candidate will not be hired.

Employee Alcohol and Drug Use

Any employee who consumes alcoholic beverages while actively engaged in carrying out the duties and responsibilities of their employment (excluding College-sponsored “entertainment” functions which employees may attend in connection with their employment), and any employee who uses illegal drugs while in the course of employment, shall be subject to sanctions as outlined in the appropriate Collective Bargaining Agreements and/or the Glen Oaks Community College Policy Manual. Violations by faculty or staff may result in disciplinary action up to, and including termination of employment. Employees who have CDL will be required to undergo mandatory random drug/alcohol testing as notified by the HR Department. If a Glen Oaks Community College employee is convicted of violating a criminal drug statute (non-alcohol related) on the College campus, or at a College function, that employee must notify Glen Oaks within five (5) days after such conviction. Within thirty (30) days after such conviction, Glen Oaks shall take one of the following actions:

(1) take appropriate personnel action against the employee up to and including termination;

and/or

(2) require the employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.

Glen Oaks Community College shall also notify the appropriate agency of the Department of Education within ten (10) days after the conviction.

Alcohol and Drug Education, Prevention, and Referral

Glen Oaks Community College is committed to addressing the problem of substance abuse through education, prevention and referral. The President of the College will designate a Glen Oaks Community College employee as the Substance Abuse Counselor. The Substance Abuse Counselor will annually coordinate/organize and make available free literature to students and employees. This information will include:

standards of conduct,
a description of the legal sanctions,
a description of the health risks,
a description of drug or alcohol programs available to students and employees, and
a clear statement of the Glen Oaks Community College sanctions it may impose on students and employees.

The Substance Abuse Counselor will provide initial counseling and limited supportive services. The primary goal of the Substance Abuse Counselor is to provide the student or the employee with a referral for treatment or rehabilitation. Once a referral is made, the Substance Abuse Counselor shall provide the appropriate follow up.

College employees or students who exhibit “warning signs” of drug/alcohol misuse or abuse in the workplace and who refer themselves for assistance will be supported, educated, and referred to appropriate agencies for treatment. Those employees or students who are diagnosed as drug or alcohol misusers or abusers shall receive the same consideration and opportunity for treatment that is extended to persons with any other type of illness. Confidentiality shall be maintained and no adverse effects to an employee or a student shall result based upon a request for treatment or a diagnosis of misuse or abuse.

If an employee has been referred to the Substance Abuse Counselor by a supervisor or if a student has been referred to the Substance Abuse Counselor by an instructor or a College administrator and if treatment is recommended and treatment is refused or terminated, the fact of such refusal or termination of treatment shall be made known to the individual who referred the employee or student to the Substance Abuse Counselor. If an employee or a student (1) refuses to accept diagnosis and treatment, or (2) fails to respond to treatment, and if the result of such refusal or failure is such that job performance, behavior on campus or learning ability is affected, that person shall be considered in violation of College policies and shall be subject to discipline.

Additional information about the physical and psychological consequences of substance abuse is available in the Glen Oaks Library and through the Glen Oaks Community College Substance Abuse Counselor in Student Services. Glen Oaks Community College also works closely with the Substance Abuse agencies in the area.

Glen Oaks Community College will review its Drug and Alcohol Prevention Program every two (2) years in an attempt to determine its effectiveness and to implement changes as needed.

Adopted by Board of Trustees June 12, 1991, revised 9/14/05, 9/17/14, 8/10/17

Access To Student Academic Records, Files, and Data Policy 3.48

1636 Views

Glen Oaks Community College recognizes the importance of maintaining records for each individual student which present authentic evidence of the events and actions which both contribute to and confirm the student’s educational progress and to facilitate the intelligent and purposeful direction necessary to the achievement of the educational goals of the student in a college setting.

ACCESS TO STUDENT ACADEMIC RECORDS, FILES, AND DATA

The release and disclosure of student records maintained by Glen Oaks are in a large measure governed by state and federal laws. It is the purpose of these guidelines to provide reasonable interpretations of privacy. These guidelines are effective as of January 1, 1975, but are subject to change as federal guidelines are subsequently developed. The Family Educational Rights and Privacy Act of 1974 basically provides for the following:

To protect a student’s rights to the privacy of information which Glen Oaks has in its possession concerning the student, and
To provide a reasonable guideline for release or disclosure of such information as is required by federal and state law and as is necessary for the effective functioning of
the college

The following are matters of public record and may be included in publications or disclosed upon request without the consent of the student (this “directory” information can be located in the academic files): name of student, the student’s local phone, e-mail, the student’s local and/or permanent address, date and place of birth, whether or not a student is currently enrolled, dates of attendance, the most recent previous educational agency or institution attended by the student, class (freshman, sophomore), academic majors, information pertaining to honors, achievements, degree(s) and/or certificates earned from Glen Oaks Community College and dates, participation in officially recognized college activities and sports, weight and height of athletic team members. Inquiries by phone or in person for the items of public record listed will be honored. Blanket request or request requiring data in specific formats (mailing labels, for example) may be denied and/or a charge for the service may be levied. The student has the right to designate that any or all of the categories listed above be withheld from directory information.

All personally identifiable information not covered by the aforementioned is confidential and shall only be disclosed by Glen Oaks Community College as provided herein. Upon proper identification any Glen Oaks Community College student 18 years of age or older, past or present, or any parent/guardian of a student under 18 years of age or the parents of a dependent student (as defined by Internal Revenue Code of 1954, Section 152) may examine the official records, files and data of the college directly relating to the student. (The parent/guardian of a non-dependent student 18 years or older does not have the right to examine the student’s record without the student’s consent as provided in the Family Educational Rights and Privacy Act of 1974 and its ensuing modifications.)

The procedure for access to Student Record Files will be handled through the Registrar and the Registration/Records Office with verification of identity by the student.

Records can be shown to school officials for legitimate educational purposes. For the purposes of this policy, legitimate educational purposes are those which would facilitate the official in delivering service to the student.

The college will annually notify the student of certain of their rights with the College Catalog (available free of charge and on the College’s website). If the student objects to the release of such information he/she must notify the Registrar of his/her objection to directory information release within two weeks of the annual notification.

Records may be disclosed to college officials of a college in which the student seeks to enroll. The student/parent must be presented with a copy of the records if requested.

Records may be disclosed to certain federal and state officials acting within their functions in connection with financial aid requests, to testing agencies to administer and validate their tests and to accrediting institutions, in compliance with a court order, and in health and safety emergencies.

All confidential information shall be disclosed only on a need-to-know basis. That is, an official requesting information must have a legitimate need to have the requested information for the effective function of the position or office. Determinations as to whether the need to know requirement has been satisfied shall be made by the head administrator of the area retaining the information. Existing policies and procedure adequately cover these circumstances.

A request for copies of the record will be denied when the student/parent can effectively review the records without copies.

No student/parent will be required by the college to waive any rights but may be requested to do so.

Exemptions to the access of student record files and data are the following. Students may be denied access to notes and observations kept by counselors, staff and faculty members for their personal use and not for the use of an outside agency or other persons or offices in the college, to psychologists’ and psychiatrists’ records, etc. which are kept confidential and employment records, so long as employment is not part of the student status. (If the records serve as client-professional practitioner relationship, the student shall have access only through the practitioner. Release or disclosure of these records shall be governed by state statute and codes of professional ethics.) Students may be denied access to disciplinary records which relate to the student as an individual or citizen. (A file on any incident may contain several names including both students and non-students. In Michigan such records are not accessible to the individual until a complaint has been signed and a warrant issued.) In addition to the above, students shall not have access to letters of recommendation or statements of evaluation obtained or prepared before January 1, 1975, pursuant to implied or expressed promises of the confidentiality or personally signed letters of recommendation to which students have waived their right to access. A student may be allowed, but not required, to waive his or her right of access to letters of recommendation received after that date. Further, students do not have access to the Parent’s Confidential Statement contained in their financial aid folder as this is deemed a record of the parent, not the student.

A student shall be entitled to an explanation of any information contained in official records, files, and data directly related to the student. The student/parent may request a change. If denied the change, the student/parent shall be notified of the right to a hearing to challenge the content of such records to ensure that the record is not inaccurate or misleading, or otherwise in violation of privacy or other rights of the student. (The substantive judgment of a faculty member about a student’s work, expressed in grades assigned in a course and other evaluations of a student’s work, is not within the scope of such hearings.) Hearings shall be limited to the factual accuracy of the record. The hearing official will be designated by the College President and shall have no direct interest in the outcome. Should the student/parent challenge any of the contents of the student’s records on the grounds indicated.

Policy 3.48 continued

NOTICE OF RIGHT TO ACCESS AND PRIVACY OF RECORDS

Parents and guardians of each student under 18 years of age and each student who is 18 years of age or older have certain rights respecting the records kept on the student by Glen Oaks Community College. Parents of dependent students over age 18 may also exercise these rights.

These rights include:

Right # 1Right # 2Right # 3Right # 4Right # 5Right # 6

The right to examine the student’s records.

The right to have the administration hear evidence that any part of the record is inaccurate, misleading or violates a student’s privacy or other rights, to have the record changed if the administration agrees with the applicant’s evidence and to insert an explanation in the record if the administration agrees.

The right to have records which personally refer to a student kept confidential except either by consent of the parent or students, or when being used by school personnel for school business. Certain official agencies may also request records.

The following information will be made available for publication in directories, sport programs, and so forth:

Name of student
Student’s local address
Student’s local phone, e-mail address
Student’s permanent address
Date of birth, place of birth
Whether or not a student is currently enrolled
Class (freshman or sophomore)
Academic major
Information pertaining to honors achievements
Degree(s) and/or certificates earned from Glen Oaks and dates
Participation in officially recognized college activities and sports
Weight and height of athletic team members

If a parent or student does not wish this information to be available for publication, notice must be given to the Registrar.

The right to obtain a copy of the Board of Trustees policy on privacy of student records from the Dean of the College.

The right to protest to:

The Family Educational Rights and Privacy Act Office
Department of Health, Education and Welfare
300 Independence Avenue, SW
Washington, DC 20201

If the school district is not complying with the Family Rights and Privacy Act or the Department of HEW rules.

Revised 1/12/77, 1/79, 9/14/05, reviewed 9/17/14
(Position titles updated July 2002.)

Academic Standing Policy 3.04; Appeal Process Policy 3.04A

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