Student Rights and Responsibilities

Expectations of Student Conduct

Florida Community College is dedicated to maintaining an environment which fosters student success. The College endeavors to protect the rights of students and also expects all students to act responsibly.

Attendance at the College is a privilege, and in order to maintain the College ideals of scholarship, character, and personality, the right is reserved by the College to establish rules and regulations to foster these ideals and protect the interest of the College. Each student is subject to federal and state laws, respective county and municipal ordinances, and all rules and regulations of the College.

Violations of published laws, ordinances, or rules and regulations may subject the violator to appropriate disciplinary action by College authorities.

Disciplinary action, unless otherwise provided by law, may include fines, the withholding of diplomas or transcripts pending compliance with rules or payments of fines and the imposition of probation, suspension, or dismissal. Students shall be afforded due process as defined in District Board of Trustees Rule 6Hx7–2.18 prior to the administration of disciplinary action for violation of this rule.

1. Any act or behavior on the part of the student which tends to impair, interfere with, or otherwise disturb or obstruct the orderly conduct, processes, functions, and/or interests of the College is expressly prohibited. Such acts or behavior may include, but are not limited to, the following:
   1. Consumption of alcoholic beverages on campus or at a College function.
   2. Illegal use or possession of illegal drugs or narcotics.
   3. Cheating in any form.
   4. The use of indecent or abusive language.
   5. Gambling.
   6. Hazing as defined in Chapter 240.326 Florida Statutes.
   7. Vandalism or destruction of property.
   8. Falsification of records.
   9. Unauthorized use of the College name.
   10. Lewd or indecent conduct or attire.
   11. Violence against any member or guest of the College community.
   12. Theft or willful destruction of College property or of the property of members of the College.
   13. Interference with the freedom of movement of any member or guest of the College.
   14. Obstruction of the normal processes and activities of the College community.
   15. Deliberate interference with the rights of others.
   16. Violation of federal or state law, or county or city ordinance.
   17. Repeated offenses of a less serious nature.
   18. Sexual harassment or assault.
   19. Accessing, altering or deleting College computer files/systems.
   20. Stalking (to repeatedly follow another person so as to put that person in fear for his/her safety).
   21. Violation of the Computing Facilities Use Agreement.
   22. Any other offense reasonably deemed to be contrary to the best interest of the College.

Procedures for Handling Violations of College Standards of Conduct

The campus dean of student success will be responsible for student discipline. All alleged student violations of Board Rules or College regulations will be referred to the appropriate campus dean of student success. Any administrator, faculty member, career employee, student, guest of the College or other College staff person may allege violations against any currently enrolled student.

Temporary Order of Suspension

In the case of a violation which clearly disrupts the orderly processes of campus operations or endangers the life of others, the campus dean of student success may issue a temporary order of suspension or removal from the campus in order to protect the best interest of the College. In all cases of temporary suspension or removal from the campus, the student(s) involved shall be requested to remain off College property pending the scheduling of a hearing regarding the charges brought against the student(s) to sign the Temporary Order of Suspension Form 81–S2.

The campus dean of student success or his/her designee shall immediately notify the President and the appropriate Vice-President/Provost of his/her action of temporary suspension and the Board Rule that allegedly has been violated. The student(s) involved will be notified in writing of a hearing and the nature of the charges. The Notice of Hearing Form 81–CE1 format shall be used to notify the student of the specific charges and the time and place for the hearing.

A written report of the incident and all other pertinent documentation shall be kept on file in the office of the campus dean of student success.

Initial Investigation of Discipline Problems

When the campus dean of student success receives information that a student has allegedly violated a Board Rule or other College regulation, the dean or his/her designee shall investigate the alleged violation(s). After completing the investigation, the dean may:

Dismiss the allegation(s) as unfounded, either before or after conferring with the student(s) and/or other parties concerned.

Advise the student(s) of his/her rights to an administrative hearing by the campus dean of student success or a campus discipline committee hearing; that formal charges are being filed based upon alleged violations of the specific Board of Trustees Rules and that the witnesses and documentary evidence supporting the allegations will be prepared for use in the disciplinary hearing. Advise the student(s) of their right to have witnesses appear on their behalf.

Any student(s) charged with an offense for which suspension, dismissal or restitution may be warranted shall be provided, by the campus dean of student success to whom the student(s) is/are directly responsible, written notice of the charges and an opportunity to present the student’s version of the controversy before said dean.

The president shall have authority, after notice to the student of the charge(s) and after a hearing thereon, to expel, suspend or otherwise discipline any student who is found to have violated any rule or regulation of the Board of Trustees or any law or ordinance, the violation of which has an adverse effect on the College. If the campus dean of student success reasonably believes, after a hearing that the charge(s) are accurate, the dean shall recommend suspension or appropriate sanction of the student to the President together with reasons therefore and appropriate supporting documentation.

The president shall, after a review of the recommendation, notify the student(s) of his decision on the matter. Such notification shall be made by certified mail, return receipt requested and shall be effective immediately unless otherwise specified by the President.

Administrative Hearing

A student may refuse an administrative hearing and elect a hearing before a campus discipline committee. If the student accepts an administrative hearing, he/she shall sign a statement prepared by the campus dean of student success that he/she understands the nature of the charge(s), his/her rights to a hearing, or the rights to waive the same, and accept whatever penalty may be imposed. Minutes shall be kept of the administrative hearing. Written notification of the results shall be furnished, in cases when suspension, dismissal or restitution is recommended, to the student, vice president/provost, instructor(s), and Registrar, as appropriate.

Discipline Committee Hearing

If it is decided that a campus discipline committee hearing will be held, the campus dean of student success will notify the student(s) to appear before the student discipline committee in connection with the alleged charge(s) by sending him/her a letter by certified mail, return receipt requested. The letter shall direct the student(s) to appear at a specific time and place not more than ten class days after the date of the letter. The letter shall also describe briefly the alleged violation(s).

The campus dean of student success will appoint a committee of not fewer than three persons to serve on the disciplinary committee. The committee shall be made up of at least one faculty member, one student and one administrator. The campus dean of student success shall appoint one individual to serve as chairperson for the hearing.

The campus dean of student success will coordinate with the committee chairperson the date, time and place for the hearing as well as to summon witnesses and require the production of documentary evidence.

The proceedings will be tape recorded and copies shall be maintained by the campus dean of student success for a period as prescribed by Florida Statutes.

The hearing shall be informal and the chairperson shall provide reasonable opportunities for witnesses to be heard.

The campus dean of student success shall monitor the proceedings and make every effort to ensure that the student is treated fairly.

If, after the hearing, the committee finds that the alleged charges are true, the committee will recommend an appropriate penalty to the campus dean of student success, who shall decide the penalty to be imposed.

Failure to Comply

Failure of a student to comply, either by telephone or in person, with notification to appear before either an administrative hearing or discipline committee hearing, will result in the charges being deemed to be true. The campus dean of student success may request the discipline committee to commence hearing proceedings and make recommendations, or the campus dean of student success shall recommend an appropriate penalty.

The student success dean may postpone a hearing upon the request of a student so long as all interested parties are notified and agree with the new hearing date, time and place. The campus dean of student success may postpone a hearing for violation of Board Rule due to pending criminal or civil charges.

Penalties:

The campus dean of student success may, at the end of an administrative or committee hearing, and based upon the findings, impose the following sanctions upon students:

Warning — A notice in writing that continuation or repetition of violation of Board Rule or College rule within a period of time stated in the warning may be cause for more severe disciplinary action.

Disciplinary Probation — This may lead to exclusion from attending or participating in extracurricular institutional activities as set forth on a written notice for a stated period of time. Violation of probation may lead to suspension, or other penalties reasonable to the nature of the violation.

Restitution — Student shall reimburse the College for damage to or misappropriation of College property.

Suspension — Recommend to the president of the College restrictions from campus, classes and other such privileges and activities, as set forth in the notice, for a definite period of time not to exceed two years. The conditions for readmission, if any, shall be stated in the notification to the student.

Dismissal — Recommend to the president of the College dismissal for an indefinite period. The conditions of readmission, if any, shall be stated in the notification to the student.

Procedures for General and Academic Appeals

PURPOSE

The purpose of this section is to outline all procedures relating to the student appeals process. Included in this procedure are sections on: (I) definitions and explanations, (II) general/non-academic appeals, and (III) academic appeals.

PROCEDURE

I. DEFINITIONS AND EXPLANATIONS

The following is a list of the definitions and explanations of the terms used in student appeals.

Student Appeals — A student appeal is defined as a formal request by an enrolled or former student for reconsideration of a College rule or regulation, including the assignment of a final grade. The appeal must be submitted prior to the withdrawal deadline of the following term.

General/Non-Academic Appeal

• Admissions
• Graduation
• Residency
• Selective Admissions

Academic Appeal

• Grade
• Other (i.e., audit grading issues, withdrawal past the deadline, etc.)

II. GENERAL/NON-ACADEMIC APPEAL

A. Selective Admissions Appeal

Step 1. Student’s Submission of the Request

The student initiates the appeals process in the campus student success office or the authorized center administrator’s office no later than the A16 Session withdrawal deadline of the following term. The student submits the completed appeal form and supporting documentation to the campus Dean of Student Success Office or the authorized center administrator. The campus or center representative for the Dean of Student Success then forwards the appeal to the appropriate campus Dean of Liberal Arts or Workforce Dean for program consideration.

Step 2. Campus Associate Dean or Program Manager Review

The appropriate representative reviews the information submitted by the student and indicates approval or disapproval. The representative provides written notification to the student of the decision. If approved, this action terminates the appeal process. If disapproved, the student, within ten (10) business days of receiving written notification, may request a hearing by the campus Student Appeals Committee if additional documentation is submitted.

Step 3. Student Appeals Committee Review

When the student is granted a hearing, the campus Student Appeals Committee shall hear the case and forward its decision to the Campus President. The hearing will be conducted by the committee in an informal and expeditious manner.

Step 4. Campus President Review

The campus president shall review the decision of the campus Student Appeals Committee. The Campus President may accept, repeal, or amend the decision according to his/her best judgment. The actions of the Campus President shall occur within ten (10) working days of receipt of the decision of the campus Appeal Committee. The Campus President will send a written decision to the student. The decision of the Campus President is final and may not be appealed further.

B. Other General/Non-Academic Appeals

Step 1. Student’s Submission of the Request

Student must initiate the appeals process in the campus Student Success Office or the authorized center administrator’s office no later than the A16 Session withdrawal deadline of the following term. The student submits the completed appeal form and supporting documentation to the campus Dean of Student Success Office or authorized center administrator’s office. Documentation must be presented before the appeal request is accepted.

Step 2. Campus Dean of Student Success or Center Administrator Review

The campus Dean of Student Success or center administrator reviews the information submitted by the student, enters comments when appropriate, and indicates approval or disapproval. If approved, the campus Dean of Student Success/center administrator provides written notification of decision to the student and forwards relevant information to the Registrar for processing.

If disapproved, written notification is forwarded to the student. The student has 10 working days from the date of the notification to submit additional documentation and request the Student Appeals Committee to review the disapproval. If no request is made, the disapproved appeal is forwarded to the District Student Records Office and imaged to the student’s academic record.

Step 3. Student Appeals Committee Review

When the student is granted a hearing, the campus Student Appeals committee shall hear the case and forward its decision to the Campus President. The hearing will be conducted by the committee in an informal and expeditious manner.

Step 4. Campus President’s Review

The Campus President shall review the decision of the committee. The Campus President may accept, repeal, or amend the decision according to his/her best judgment. The actions of the Campus President shall occur within ten (10) working days or receipt of the decision of the campus Student Appeals Committee. The Campus President sends a written decision to the student. The decision of the Campus President is final and may not be appealed further.

III. ACADEMIC APPEAL

A. Grade Appeal

Informal Procedure

A student’s inquiry on a grade change is initially directed to the course instructor. If the instructor is not currently teaching or cannot be contacted, the inquiry should be directed to the appropriate Associate Dean/Program Manager.

If the student’s request is approved, a grade change form is completed with all required signatures and forwarded to the campus enrollment services office. The grade change is logged and sent to the Registrar for processing.

If an instructor disapproves the student’s request for a grade change, the student can initiate a grade appeal request through the appropriate campus Dean of Student Success or the authorized campus administrator.

Step 1. Formal Procedure

A course grade appeal must be initiated in writing and filed with the campus Dean of Student Success or the authorized campus/center administrator no later than the A16 Session withdrawal deadline of the following term after the grade was reported. The student has the responsibility of demonstrating that the grade being challenged was administered in a manner inconsistent with criteria set forth on the instructor’s course syllabus and that the evaluation process used uniquely discredits the student’s grade.

Step 2. Associate Dean or Dean or Program Manager

The Associate Dean or Dean or Program Manager has the initial responsibility for reviewing and forwarding the student appeal to the appropriate faculty member for response (approval/denial). If the instructor of record is not available, the appeal should go directly to the campus Student Appeals Committee for consideration. If approved, a grade change is submitted and sent to the District Student Records Office for processing. The campus Associate Dean/ Program Manager notifies the student of such decision in writing. If appeal is disapproved, the student should be apprised of his or her right to request review by the campus Student Appeals Committee.

Step 3. Student Appeals Committee Review

When the student is granted a hearing, the campus Student Appeals Committee shall hear the case and forward its decision to the Campus President. The hearing will be conducted by the Committee in an informal and expeditious manner. The committee for grade changes must include an appropriate campus dean, a faculty member and a student.

Step 4. Campus President’s Review

The Campus President shall review the decision of the campus Student Appeals Committee. The Campus President may accept, repeal, or amend the decision according to his/her best judgment. The actions of the Campus President shall occur within ten (10) working days of receipt of the decision of the campus Student Appeals Committee. The Campus President sends a written decision to the student. The decision of the Campus President cannot be appealed and is final.

B. Other Academic Appeal (i.e. audit grade issue, withdrawal past the deadline, NA issue)

Step 1. Formal Procedure

An academic appeal must be initiated in writing and filed with the campus Dean of Student Success or the authorized campus administrator no later than the A16 Session withdrawal deadline of the following term. The student has the responsibility of providing appropriate documentation to support his or her request.

Step 2. Associate Dean or Dean or Program Manager

The campus Associate Dean or Dean or Program Manager has the initial responsibility for reviewing and forwarding the student appeal to the appropriate faculty member for response (approval/denial). If the instructor of record is not available, the appeal should go directly to the campus Student Appeals Committee for consideration. If approved, a grade change is submitted and sent to the District Student Records office for processing. The Campus Associate Dean/Program Manager notifies the student of such decision in writing. If appeal is disapproved, the student should be apprised of their right to request review by the campus Student Appeals Committee.

Step 3. Student Appeals Committee Review

When the student is granted a hearing, the campus Student Appeals Committee shall hear the case and forward its decision to the Campus President. The hearing will be conducted by the Committee in an informal and expeditious manner.

Step 4. Campus President’s Review

The Campus President shall review the decision of the campus Student Appeals Committee. The Campus President may accept, repeal, or amend the decision according to his/her best judgment. The actions of the Campus President shall occur within ten (10) working days of receipt of the decision of the campus Student Appeals Committee. The Campus President will send a written decision to the student. The decision of the Campus President cannot be appealed and is final.

Procedures for Handling Alleged Academic Dishonesty

Academic dishonesty, in any form, is expressly prohibited by the rules of the District Board of Trustees of Florida Community College at Jacksonville.

As used herein, academic dishonesty incorporates the following.

Cheating, which is defined as the giving or taking of any information or material with the intent of wrongfully aiding one’s self or another in academic work considered in the determination of course grade or the outcome of a standardized test.

Plagiarism, which is defined as the act of stealing or passing off as one’s own work the words, ideas or conclusions of another as if the work submitted were the product of one’s own thinking rather than an idea or product derived from another source.

Any other form of inappropriate behavior which may include but is not limited to: falsifying records or data, lying, unauthorized copying, tampering, abusing or otherwise unethically using computer or other stored information, and any other act or misconduct which may reasonably be deemed to be a part of this heading.

Any student alleged to have committed any act of academic dishonesty as defined herein shall be entitled to due process as defined in District Board of Trustees’ Rule 6Hx7–2.18 prior to the administration of disciplinary action including suspension and dismissal.

Alleged Academic Dishonesty in Student Coursework

A faculty member who has a concern regarding a student’s conduct in the area of academic dishonesty may elect to meet with the student directly.

Once the student is notified, it is advised that the student resolve the matter with the faculty member. However, at any time the student may request a hearing with the campus dean of student success.

Meeting(s) referenced above shall meet the College’s requirements for due process.

Following the discussion with the student, the faculty member may take one or more of the following action(s).

Verbally warn the student that continuation or repetition of misconduct of this nature may be cause for further disciplinary action.

Require the student to retake the test or rewrite the assignment.

Require the student to withdraw from the course.

Fail the student for the assignment.

Fail the student for the course.

Refer the student(s) to the campus dean of student success for possible suspension or dismissal.

For cases in which the student is referred to the campus dean of student success for action, the dean will appropriately involve the faculty member and inform the faculty member of the disposition of the matter.

Each faculty member shall communicate the College’s policy on academic dishonesty to each class section with which that faculty member is involved.

This subject is to be considered an integral part of the faculty member’s course syllabus.

It is the responsibility of the assistant deans and associate vice president of instruction to routinely inform the faculty of this requirement.

Alleged Academic Dishonesty on Standardized Tests

Any student alleged to have committed any act of dishonesty on standardized tests administered through the College is subject to disciplinary action. These assessments include all standardized tests administered through the College assessment offices in both college credit and non-credit programs.

Any test examiner or proctor who has a concern in this area shall report this to either the director of assessment or the director of adult and vocational assessment. Any evidence, description or witness shall be presented for further investigation. The director of assessment for the appropriate area will present the situation to a campus dean of student success for his/her review. The campus dean of student success will notify the student via the student notice form to review the situation.

The campus dean of student success may take one or more of the following actions.

1. Verbally warn the student that continuation or repetition of misconduct of this nature may be cause for disciplinary action.
2. Require the student to retake the test.
3. Record failure for that portion of the test and/or not give credit for the course, e.g., credit by exam.
4. Withhold the awarding of the degree/certificate or diploma until the requirement has been satisfied.
5. Schedule an academic disciplinary hearing for possible suspension or dismissal.

For cases which involve a disciplinary hearing, the dean will involve the appropriate director of assessment, test examiner/proctor and any witness. The recommendation of the hearing will follow due process as defined in District Board of Trustee Rule 6Hx7–2.18.

The Assessment Office will inform students of Florida Community College’s Academic Dishonesty policy at each test administration.

Due Process (Board Rule 6Hx7–2.18)

1. Every employee and student at Florida Community College at Jacksonville shall be entitled to substantive and procedural due process.
   1. As used herein, substantive due process requires that all rules or regulations of the College shall:
      1. be for a proper purpose;
      2. bear a reasonable relation to that purpose;
      3. not be arbitrary or capricious.
   2. As used herein, procedural due process means that an employee or student whose vested rights are affected by action of the College shall be entitled to a reasonable notice of the concerns and an opportunity to present his or her position on the matter.
   3. As used herein, reasonable notice means that the notice is timely (to give the individual time to respond) and adequate (specifying the charge the individual faces).
2. Every employee and student of Florida Community College at Jacksonville shall be entitled to procedural due process prior to suspension or dismissal for cause (as used herein, non continuation of new position orientation employees shall not be considered termination for cause) except that in an emergency, to protect the interests and welfare of the College, the President, the head of the appropriate Major Administrative Unit, or an appropriate designated college officer may, without a hearing, temporarily order the removal from College property of an individual charged with an offense or a violation of a college rule or procedure for which suspension may be warranted.
   
   Such temporary removal shall be communicated directly by the head of the appropriate Major Administrative Unit or his/her designee on site whenever the individual charged with a suspendible offense is deemed by the administrator to present a clear and present danger to the welfare of the College. The person ordered removed shall be requested to remain off College property until a hearing on the matter is provided. (If the person refuses to leave college property when requested to do so, the appropriate College official on site shall contact appropriate law enforcement authorities for assistance and file a charge of trespass against the person so refusing to leave). A notice of the hearing shall be communicated in writing to the person so removed and a written report on the incident shall be filed with the Office of the General Counsel. Persons removed pursuant to this section shall not forfeit any right, privilege or entitlement during the period of removal except their presence on College property, and under no circumstances shall the temporary removal exceed five (5) college days, except as authorized and directed by the College president who may suspend employees until the end of the next regular or special meeting of the District Board of Trustees. All further action by the College in the matter shall comply with the appropriate due process section(s) of the Administrative Procedures Manual established in furtherance of this rule.

Student Records and Privacy

Pursuant to Public Law 93-380, the Family Educational Rights and Privacy Act of 1974, students and their parents are advised of certain practices and procedures at Florida Community College which relate to student records.

Once students reach the age of 18 or are enrolled in a postsecondary program, parents no longer have any rights to student information under this act unless students give written consent to release the information to their parents or the parents provide evidence that students are dependents of the parents as defined in section 152 of the Internal Revenue Code of 1954.

Under this act, students or parents (if eligible) will be accorded access to students’ records within a reasonable time after the submission of a written request to the custodian of that record. Suitable arrangements will be made by the College to permit records to be reviewed in the presence of a representative of the custodian of records. Either students or parents (if eligible) have the right to challenge the content of any record they believe to be inaccurate, misleading or in violation of their rights or otherwise inappropriate and to insert into the record any written explanation of any matter therein. The custodian of the records challenged shall conduct a hearing upon the matter at a reasonable time and place at which time students or parents (if eligible) may present any evidence they may have in support of the challenge. If a record is challenged, the custodian of the record shall make a decision at the conclusion of the hearing. This decision may be appealed by students or parents (if eligible) through established procedures to the student appeals review committee. Action by the College president on an appeal is final.

Students or parents (if eligible) must consent to the release of any student information other than directory information to any person or agency. This consent must be in writing, signed, dated and must specify the information to be released, the reason for release and the names of individuals to whom the information is to be released.

The following records are maintained in students’ files: application for admission, transcripts from other colleges, academic history records and general correspondence.

The following information about individual students is classified as “directory information” and will be released upon request to any person. Individual students or parents (if eligible) have a right to submit a request in writing to the custodian of student records that all or any part of the directory information NOT be released.

• name
• address
• major field of study
• dates of attendance
• degrees, certificates or diplomas received
• honors received

Rights for Students in the Associate in Arts Degree Program

Florida Community College associate in arts graduates are guaranteed the following rights under the Statewide Articulation Agreement (State Board of Education Rule 6A–10.024):

1. admission to one of the 11 state universities, except to limited access programs which have additional admission requirements,
2. acceptance of at least 60 credit hours by the state universities toward the baccalaureate degree,
3. adherence to university requirements and policies based on the catalog in effect at the time the student first entered a community college, provided the student maintains continuous enrollment,
4. transfer of equivalent courses under the Statewide Course Numbering System,
5. acceptance by the state universities of credit earned in accelerated programs (e.g., CLEP, AP, PEP, Dual Enrollment, Early Admission and International Baccalaureate),
6. no additional General Education Requirements,
7. advance knowledge of selection criteria for limited access programs and
8. equal opportunity with native university students to enter limited access programs.

Should any guarantee be denied, students have the right of appeal. Each state university and community college shall make available established appeal procedures through the respective articulation officers.

Equal Access — Equal Opportunity

Florida Community College is an equal access/ equal opportunity/affirmative action college in education and employment. The commitment of Florida Community College’s District Board of Trustees and the College administration to equal opportunity extends to all facets of governance, operational procedures, instructional programs, student activities and services.

The admission and employment policies of the College provide equal access to educational services and equal opportunity for employment within the College.

The College is guided by the principle that no person who chooses to learn or work at Florida Community College shall be treated differently because of age, race, color, religious beliefs, national origin, sex, marital status or disability.
Inquiries or complaints may be addressed to the Assistant to the President for Equal Access/Equal Opportunity, Florida Community College, Donald T. Martin Center for College Services, Room 249, 501 W. State St., Jacksonville, FL 32202. Or call 904.632.3221.

Inquiries or complaints regarding access to Florida Community College programs, activities, facilities and/or employment practices for people with disabilities may be addressed to the Associate Vice President of Student Success and ADA Coordinator, Florida Community College, 501 W. State St., Jacksonville, FL 32202. Or call 904.632.5004 (voice) or 904. 766.6766 (TDD).

Sexual Harassment

Sexual harassment as defined in District Board of Trustees Rule 6Hx7–1.3, Definitions, is hereby deemed to be discrimination on the basis of sex and is expressly prohibited by this rule. This prohibition shall apply to every facet of the College’s operation including but not limited to employment and student environments, which include peer harassment. Any violation hereof shall result in disciplinary action, as appropriate.

Definition — 6Hx7–1.3 Definitions — 1.3

Sexual harassment is defined as any unwelcome sexual advance, request for sexual favor, or other verbal, non-verbal or physical conduct of a sexual nature, whenever:

1. submission of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or course progress,
2. submission to or rejection of such conduct is used as the basis for employment or course decisions affecting that individual, or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational experience, or creates an intimidating, hostile or offensive work or educational environment.

Peer sexual harassment is defined as sexual harassment of a student or students by another student or group of students which creates a hostile environment.

Procedures for Addressing Alleged Discrimination, Unfair or Inequitable Treatment or Sexual Harassment

Grievances relating to alleged discrimination, unfair or inequitable treatment or sexual harassment shall be handled as follows:

Students having a complaint against College employees shall first direct their complaint to the employee, unless the complaint is of such a nature that the student is uncomfortable discussing the matter with the College employee. All student complaints should be communicated within three (3) months following the alleged incident. To initiate the formal grievance process, in the case of alleged sexual harassment, the student shall discuss the complaint with the campus dean of student success or the director of equal access/equal opportunity (equity coordinator). (If appropriate, the dean or director may designate another individual to discuss the matter with the student.)

If the complaint cannot be resolved informally, then the student shall present a formal grievance in writing to the campus dean of student success or the director of equal access/equal opportunity (equity coordinator). This shall be done within fifteen (15) class days after the alleged incident is reported to the dean or director.

The campus dean of student success or the director of equal access/equal opportunity (equity coordinator) shall conduct a preliminary investigation and resolve the concern, if possible. If the charge is deemed to merit further review, the campus dean of student success or director of equal access/equal opportunity (equity coordinator) will discuss the charge with the campus president and, if appropriate, the general counsel. Depending on the nature of the charge, the campus president will consult with the general counsel, and the executive vice president for instruction and student success. The matter will be resolved through procedures outlined in APM 02–1701 (Due Process for Career Employees) or APM 02–1702 (Due Process for Instructional, Professional and Administrative Personnel), whichever is appropriate.

The recommendation resulting from the review process shall be submitted to the College president, who will render a final decision in a timely manner.