Student Policies and Procedures

Student Conduct, Responsibilities and Rights

Facilitation of the Learning Environment–Mutual Respect and Responsibility

A primary factor in NorthWest Arkansas Community College preserving its reputation as a high-caliber community of learners is the maintenance of mutual respect between faculty and students, and inherent responsibilities for both. In order to foster this collegial learning environment both faculty and students have rights and responsibilities as spelled out in the following tenets.

Tenets of Student/Faculty Rights and Responsibilities

• Students have the right to expect instructors to meet class regularly and to follow the college calendar.

• Faculty have the right to expect students to attend class regularly.

• Students have the right to expect instructors to be prepared and organized for class.

• Faculty have the right to expect students to be equally prepared and organized.

• Students have the right to expect faculty to hold scheduled office hours.

• Faculty have the right to expect students to keep appointments made with the instructor and to use scheduled office hours as a time to discuss any concerns about the class with the instructor.

• Students have the right to expect faculty to return graded assignments and tests within a reasonable time period.

• Faculty have the right to expect students to turn in assignments and test on time.

• Students and faculty have the right to expect respect from one another, and the responsibility to show respect.

• Faculty have the responsibility to model behavior which illustrates the value of higher education.

• Students have the responsibility of keeping an open mind so that they may learn the value of higher education.

• To maintain a positive learning environment, faculty require that students turn off cell phones in classrooms, laboratories, or studios.

• Observing these tenets should prevent problems from arising that disrupt this balance of rights and responsibilities.

Student Conduct Code

Observation of the preceding tenets should prevent most problems that disrupt a welcoming, conducive environment for learning as well as protect the rights of all participants. But to further clarify, the following student behaviors and acts, whether intentional or unintentional, are considered detrimental to the mission of a learning-centered postsecondary institution and deemed conduct violations. This is not an all-inclusive inventory of the types of actions that would rise to the level of a conduct violation but rather a list of some typical examples.

1. Obstruction or disruption of teaching, research activities, administration, disciplinary proceedings, or other scheduled college activities, including public service functions and other authorized activities of the College.

2. Theft, alteration or forgery of college documents, records, or evidence of identification or use of same with intent to defraud.

3. Abuse of any person on college premises or at any college-sponsored or supervised event, or conduct that threatens or endangers the physical or emotional health or safety of any such person.

4. Theft of or damage to any college property or the property of any member of the College community on campus.

5. Deliberate disobedience or failure to comply with directions of college officials acting in proper performance of their duties, such as requests to desist from specified activities or to leave the campus.

6. Use by any student organization of the College name or a claim to speak or act on behalf of the College or a college-related organization without due authorization.

7. Disorderly, lewd, indecent, or obscene conduct or language on campus or at a college-sponsored event.

8. Improper or indecent dress including the failure to wear shoes and shirts in campus buildings or on college owned or controlled property which constitutes a safety or health risk to the College community.

9. Acts against civil or criminal law in instances where the student conduct code is violated. Violators of public law may be referred to civil authorities for appropriate action and may be subject to disciplinary action through the Judicial Committee.

10. Deliberate destruction of, damage to, malicious misuse of, or abuse of college owned or controlled property.

11. Illegal manufacture, sale, possession, or use of alcoholic beverages, narcotics, marijuana, hypnotics, sedatives, tranquilizers, stimulants, hallucinogens and other similar known harmful or habit-forming drugs, prescriptions drugs and/or chemicals on college-owned or controlled property or at College-sponsored events.

12. Participation in, or organization of, any unauthorized activity to interrupt the functions of the College.

13. Unauthorized entry to or use of College facilities, including buildings and grounds.

14. Illegal or unauthorized possession or use of firearms, fireworks, explosives, dangerous chemicals or arms classified as weapons on College-owned or controlled property or at College-sponsored events.

15. Demonstrations which interfere with the rights of other members of the learning community or with the normal functions of the College.

16. Deliberate creation of a hostile learning environment for other students, faculty or administrative staff.

17. Failure to identify oneself upon request of a College official.

18. Drunkenness or being under the influence of drugs on College -owned or controlled property or college-sponsored events.

19. Unauthorized gambling on College or controlled property or College events.

20. Smoking or using tobacco products in classrooms or in any College facility.

21. Repeated disregard for College parking and smoking policies.

22. Sexual harassment of other students, faculty or staff persons.

Enforcement and Reporting of Student Conduct Violations

College representatives, i.e., any administrator, officer, faculty, or staff member of the College, can direct students to cease any activities that disrupt the orderly operation of the College or are in direct violation of College policies and procedures. At their discretion, any College employee can report said actions to the Vice President for Learning for consideration of whether these action(s) rise to the level of a conduct violation and if disciplinary actions are applicable. The preferred method of reporting is in writing but in situations that demand immediate attention, such as an individual who is a danger to self or others, an initial verbal report will suffice. The written report should be submitted as soon as possible after the initial verbal report.

Disciplinary Actions

Disciplinary measures shall be applied to any student whose conduct adversely affects the College’s pursuit of educational objectives defined as:

1. The opportunity of all members of the learning community to pursue educational goals.

2. The maintenance of a learning environment conducive to intellectual and educational development.

3. The protection of College property and the safety, health and welfare of all members of the learning community.

The decision as to whether a specific student behavior rises to the level of a conduct violation(s) and the type(s) of disciplinary action(s) imposed resides with the Vice-President for Learning or her/his designated agents. Types of disciplinary actions/penalties include but are not limited to:

1. Remand case to the College’s Judicial Committee.

2. Letter of warning.

3. Restitution of College property, denial of certain privileges, or restriction of activities.

4. Disciplinary probation which prohibits the student from representing the College or participating in student activities; and subjects the student to immediate suspension if found in violation of additional prohibited conduct during the period of his/her probation.

5. Suspension – interruption of the student’s educational activities for a definite, stated period (usually no more than two weeks).

6. Dismissal – interrupts and terminates the student’s educational activities for a definite period of time (one semester or more).

7. Expulsion – termination of enrollment that is final. The Judicial Committee may review the action at a later time, but not less than two years after the date on which expulsion occurred.

Procedure for Imposition of Disciplinary Actions

Upon receiving a report of a possible conduct violation, the Vice President for Learning shall decide on evidence seen or reported if indeed a student conduct violation has occurred. In this deliberation, the Vice President for Learning also gauges whether the activity disrupts the orderly operation of the College and/or impinges upon or invades the rights of others in the College community. If, in the judgment of the Vice President for Learning, a conduct violation occurred, an appropriate disciplinary action is imposed. The student will be informed in a timely manner of the decision of the Vice-President and of any disciplinary action imposed.

In the case of a student perceived as a clear and present danger to self or others, the Vice-President can immediately take appropriate action depending on the situation up to and including but not limited to suspending or dismissing a student and have the individual escorted from the College campus.

In most cases, students found in violation of the student conduct code have the right to appeal the decision to the College’s Judicial Committee

Judicial Committee

Committee Composition

Membership on the Judicial Committee consists of a chairperson and a minimum of seven other faculty/administrative members all appointed by the President, and one student recommended by Vice President for Learning.

Purpose and Jurisdiction

The Judicial Committee provides a structured, educational environment for problem resolution and disciplinary actions involving students in the College community. The conduct of the Judicial Committee and related procedures protects students’ rights to due process and provides a forum to appeal decisions of violations and penalties handed down by the Vice President for Learning related to student misconduct. In all hearings before the Judicial Committee, specific rights are assured during every step of the process. These rights include notification of charges, time and date of a hearing, an opportunity to present evidence before an impartial committee, examination and rebuttal of all evidence and testimony used to make a decision and written notice of the committee’s decision. Proceedings of the Judicial Committee are protected by the Family Education and Rights to Privacy Act and the Buckley Amendment of 1974.

The jurisdiction of the Judicial Committee includes group and individual cases involving alleged violations of College policy and regulations, student conduct code violations, student academic dishonesty, requests for re-admission from suspension due to non-academic reasons and public law violations.

How cases reach the Judicial Committee

Referrals of alleged violations to the Judicial Committee are accepted from any College employee or student during the semester the alleged violation occurred or the regular academic semester (Fall or Spring) following the alleged violation. Usually, cases reaching the Judicial Committee come from the Vice President for Learning or parking ticket appeals. Another source is the direct appeal by students found in violation of the student conduct code by the Vice President.

Judicial Committee Hearing Due Process

The Judicial Committee proceedings facilitate opportunities for learning and behavior change while adhering to basic fundamentals of due process. The following procedural guidelines are established for conducting hearings:

1. The person against whom the grievance has been filed or filing an appeal, herein called the respondent, is notified by the Chair of the Judicial Committee that a grievance has been filed or the appeal has been received. It is preferable that grievances and appeals are filed within the semester the incident occurred but at the latest one academic semester (Fall or Spring) after the alleged incident.

2. A grievance or appeal must be filed in writing and contain the following information:

a. The cause of the grievance or appeal,

b. the corrective action desired, and

c. sufficient information upon which the grievance or appeal is based.

3. A pre-hearing conference will be held with the respondent and the Judicial Committee Chair. The purpose of this meeting is to offer an opportunity to discuss the situation one-on-one and to seek an acceptable resolution hopefully precluding the need to take the matter to the entire Judicial Committee. Failure to respond to the request for the pre-hearing conference is considered a violation of NWACC policy.

4. A hearing date with the Judicial Committee will be scheduled within ten (10) working days, excluding weekends and holidays, after the pre-hearing conference. Notice of the hearing will be given to all affected parties.

5. The respondent and the complainant, the individual who filed the grievance or remanded the alleged student conduct violation to the Vice President must appear in person and present their respective cases to the Judicial Committee. Witnesses may be called.

6. The respondent is entitled to be accompanied by counsel during Judicial Committee hearings. Choice of counsel is left to the respondent’s discretion and can be a student, an attorney, faculty or staff member. In case an attorney is chosen as counsel, five (5) working days advance notice must be given to the Chair of the Judicial Committee. Respondent’s counsel may question the complainant, respondent or witnesses but not members of the Judicial Committee. Questioning by respondent’s counsel may be halted at the discretion of the Judicial Committee. Always bear in mind the Judicial Committee is not a court of law, but rather an educational board discussing internal College issues.

7. The respondent shall be entitled to refuse to answer questions.

8. The respondent shall be entitled to a written decision of the case from the Judicial Committee Chair within five (5) working days following the hearing.

9. Upon evaluation of the evidence and information presented before the Judicial Committee, decisions are rendered upon whether (a) a student conduct violation occurred and (b) the appropriate type of disciplinary action. For those submitting an appeal of the Vice President for Learning decision on student conduct violations, two decisions are rendered also. The first being if (a) the Judicial Committee agrees that a student conduct violation indeed occurred. Thus either upholding or denying the appeal. A second is the (b) type of disciplinary action applied will be evaluated. Disciplinary actions imposed by the Vice President can be reduced, upheld, or increased.

Types of disciplinary actions that can be imposed by the Judicial Committee include but are not limited to:

A. A letter of warning.

B. Restitution of College property, denial of certain privileges, or restriction of activities, disciplinary probation which prohibits the student from representing the College or participating in student activities; and subjects the student to immediate suspension if found in violation of additional prohibited conduct during the period of his/her probation

C. Suspension - interruption of the student’s educational activities for a definite, stated period (usually no more than two weeks).

D. Dismissal - interrupts and terminates the student’s educational activities for a definite period of time (one semester or more).

E. Expulsion - termination of enrollment that is final. The Judicial Committee may review the action at a later time, but not less than two years after the date on which expulsion occurred.

10. The respondent or complainant may appeal in writing the decision of the Judicial Committee to the Vice President for Learner Support Services. Appeals to the Vice President for Learner Support Services must be filed within five (5) working days (exclusive of weekends and holidays) after the written decision of the Judicial Committee is received. Generally, one or more of the following conditions must be evident for an appeal to be granted:

A. Clearly show that the hearing was unfair.

B. Show that relevant evidence had not been reviewed.

C. Submit new evidence.

Upon reviewing the case, the Vice President for Learner Support Services may affirm, modify, or reverse the original decision or request a new hearing.

11. The decision of the Vice President for Learner Support Services will be given to all parties in writing within ten (10) working days, excluding weeknds and holidays. The decision of the Vice President for Learner Support Services is final.

Academic Appeals Procedure

Recognizing that both students and faculty have rights regarding academic matters, NorthWest Arkansas Community College sets forth the following grievance procedure. This procedure serves the purpose of providing the student with redress and due process, protecting faculty rights to freedom of instruction, providing a mechanism for problem solving and achieving an equitable resolution to academic grievances as quickly as possible. An academic grievance will only be accepted during the semester the alleged incident occurred or the regular academic semester (Fall or Spring) following the alleged incident. This procedure also allows for grievances concerning equal access issues or the provision of educational accommodations for students with disabilities.

The following steps are to be followed for appeals related to academic matters, such as differences of opinions on grades, assignments, attendance, or classroom procedures:

1. The student meets with the faculty member regarding any classroom problem. The student and faculty member should discuss the problem thoroughly and attempt to reach an agreement.

2. If an agreement cannot be reached between the student and faculty member, the appropriate lead faculty, department head, or division chair is contacted to mediate the problem within ten working days after the request for mediation. The student, faculty member, and lead faculty/department head/division chair are to meet together to thoroughly discuss the problem and attempt to reach solution. The following list provides the names of the appropriate academic personnel for students to contact:

• Division of Business and Computer Information

Division Dean: Bob Marion (Interim)

Lead Faculty for Business: LeAnn Caudle

Lead Faculty for Computer Info: Rebecca Webb

Lead Faculty for CAD: Nathan Ellington

• Division of Communication and Arts

Division Dean: Anita Jones

Lead Faculty for Art: Deborah Terry

Program Coordinator for Graphic Design: Victor Chalfant

Lead Faculty for Music: Steve Cooper

Lead Faculty for English: Audley Hall

Lead Faculty for Developmental Reading and Writing: James Laughton

Lead Faculty for Communications: Mary Moore

Lead Faculty for International Languages: Cindy King

• Division of Science and Math

Division Dean: Marvin Galloway

Lead Faculty for Science: Caroline Burton

Lead Faculty for Math: Tracy Vaughan

Lead Faculty for Developmental Math: Carol Olson

Program Coordinator for Aviation: David Bowman

Program Coordinator for Environmental Regulatory Science: Cindy Hammons

• Division of Social and Behavioral Sciences and Education

Division Dean: Jerry Vervack

Lead Faculty for Social Sciences: Judy Tobler

Lead Faculty for Behavioral Sciences: Conrad Krauft

Lead Faculty for Education & Wellness: Regina Ryel

Program Coordinator for Criminal Justice : TBA

Program Coordinator for Paralegal: Mary Lowe

Program Coordinator for Early Childhood Education: Phyllis McGinty

• Department of Health Professions

Division Dean: Monte Gagliardi

Director of PTA: Deanna Fletcher

Director of Respiratory Care: Alan Clark

Director of EMT: Jamin Snarr

Director of Fire Science: Jeff Sprott

Intrim Director of Nursing: Elaine Holloway

3. If a resolution has not been reached as a result of the mediation conference, the student may formalize the appeal by putting it in writing, including conditions giving rise to the appeal, the names of the parties involved, and the remedy requested. The written appeal must then be submitted to the Vice President for Learning within 24 hours (exclusive of weekends and holidays) after the conclusion of the mediation conference. The Vice President first determines if previous steps in the process have been followed and explains the next part of the procedure. The Vice President then notifies the significant parties that an academic appeal has been filed and supplies a copy of the appeal to all parties. The Vice President arranges a meeting with the student, faculty member, and division chair/department head/lead faculty. At this meeting, the issues of appeal are thoroughly discussed in an attempt to find resolution.

4. If resolution is not achieved, the Vice President for Learning will make a decision and inform all parties in writing within ten (10) working days. The decision of the Vice President for Learning on academic appeals is final.

Student Parking

Students do not need to register their motor vehicles with NWACC in order to park on campus. However, automobiles, trucks, motorcycles, and motor scooters are considered motor vehicles and their operators are required to comply with all parking and traffic regulations while on campus. All parking lots are marked with signs designating areas for student, handicapped, staff and faculty parking.

Increasing enrollment makes spaces sometimes difficult to find, especially during the peak hours of 8:00 AM to 2:00 PM, so allow extra time to find a legal parking space.

Responsibility for finding a legal parking space rests with the motor vehicle operator. If the operator does not comply with campus parking and traffic regulations, the operator may receive a ticket. Each citation or ticket has a corresponding fine. Fines must be paid at the Cashier’s window, located on the first floor of Burns’ Hall, within ten (10) business days, excludes weekends and holidays, of the offense.

Examples of offenses that a driver will receive a citation for include but are not limited to the following:

• Failure to yield right-of-way

• Hazardous driving

• Leaving scene of an accident

• Failure to obey traffic control device

• Careless and prohibited driving

• Unauthorized parking in handicapped space

• Safety hazard, i.e., parking in fire lane, impeding access to fire hydrant, etc.

• Parking in unauthorized area.

Students receiving tickets/citations issued by NWACC’s Department of Public Safety have the right to appeal if they feel the citation is unjustified. Citation appeals are administered under the auspices of NWACC’s Judicial Committee. The appeal process must be initiated in the semester in which the ticket was received. To initiate the process, an appeal form, obtained from the Department of Public Safety or the Learner Development Center, must be filled out completely and submitted to the Chairperson of the Judicial Committee. After reviewing the appeal form, the Chair of the Judicial Committee will arrange a pre-conference hearing with the student receiving the citation. The purpose of this meeting is to offer an opportunity to discuss the situation one-on-one and to seek an acceptable resolution hopefully precluding the need to take the matter to the entire Judicial Committee. Failure to respond to the request for the pre-hearing conference is considered a violation of NWACC policy. If a resolution is not reached during the pre-conference hearing, then a meeting with the Judicial Committee will be scheduled within ten (10) working days

Failure to pay fines will result in further action being taken. If a student has received two violations, the student will, after receipt of a third offense, have records placed on hold. This action will not allow a student to add/drop classes, enroll in future classes or obtain a copy of transcript until the fines are paid. The third offense may also result in the vehicle being towed at the student’s expense.

Public Laws

Students are expected to be familiar with and observe all provisions of federal, state and local laws. Violators of public law may be referred to civil authorities for appropriate action and may be subject to disciplinary action through the Office of the Vice President for Learner Support Services or the College Judicial Committee. In general, students who violate federal, state, or local laws while off-campus will not be subject to College jurisdiction unless the clear and distinct interest of the College is involved or affected. Ordinarily, when such violations occur, the learning community will not intervene and students would be answerable to civil authorities only. A decision that the College’s interest is involved or affected by a violation of law will be based upon the relevance of one or more of the following elements:

1. The academic integrity of the College is violated.

2. The maintenance of the College’s program of higher education is jeopardized.

3. The safety and welfare of persons and/or property in the College community are threatened.

This general policy does not in any way limit the application of more specific provisions pertaining to student conduct.

Academic Dishonesty

Academic dishonesty involves acts which may subvert or compromise the integrity of the educational process at NWACC. Included is any act by which students gain or attempt to gain an academic advantage for themselves or another by misrepresenting their or another’s work or by interfering with the completion, submission, or evaluation of another’s work. These include, but are not limited to, accomplishing or attempting any of the following acts:

1. Any alteration of grades or official records.

2. Using any materials that are not authorized by the instructor for use during an examination.

3. Copying from another student’s paper during an examination.

4. Collaborating during an examination with any other person by giving or receiving information without specific permission of the instructor.

5. Stealing, buying, or otherwise obtaining information about an examination not yet administered.

6. Any collaboration on laboratory work, take- home examination, homework, or other assigned work when instructed to work independently.

7. Substituting for another person or permitting any other person to substitute for oneself to take an examination.

8. Submitting as one’s own any theme, report, term paper, essay, computer program, other written work, speech, painting, drawing, sculpture, or other art work prepared totally or in part by another.

9. Submitting, without specific permission of the instructor, work that has been previously offered for credit in another course.

10. Plagiarism (See Below)

11. Sabotage of another student’s work.

12. Falsification or forgery on any College form or document.

13. Submission of altered or falsified data as experimental data from laboratory projects, survey research, or other field research.

14. Any willful act of dishonesty that interferes with the operation of the academic process.

15. Facilitating or assisting in any act of academic dishonesty.

Plagiarism

Plagiarism results when a student presents the words or ideas of someone else as if they were his/her own. If the words of someone other than the writer are reproduced without acknowledgment of the source or if someone else's ideas are paraphrased in such a way that leads the reader to believe they originated with the writer, then plagiarism has occurred.

Plagiarism can be either intentional or unintentional. Intentional plagiarism is the knowing, deliberate copying or downloading or buying of information with the intent of passing it off as original with the writer. Intentional plagiarism is a very serious form of academic dishonesty that can lead to suspension from school. Unintentional plagiarism is the misrepresentation of information through ignorance or carelessness.

It is the responsibility of all NWACC students to understand what plagiarism is and to learn the proper methods of documentation so as to avoid this form of academic dishonesty.

Sanctions

The choice of sanctions in cases of academic dishonesty always involves considerations of the integrity of the educational process of the College. There is no place in that process for academic dishonesty; and if a student is undermining the integrity of that process, then separating that student from the learning community is the natural sanction. The following are possible sanctions for academic dishonesty:

A. Grading Sanctions

An instructor may apply grading sanctions. Such sanctions may also be recommended by the Judicial Committee, but the final decision will be that of the instructor. Grade sanctions may consist of either grades of zero or failing grades on part or all of a submitted assignment or examination, or a lowering of a course grade, or a failing grade. All grade sanctions must be appropriately reported. A grade sanction may be appealed by the student to the Vice President for Learning.

B. Admonition or Probation

1. Admonition: This is a firm warning against future violations, filed in the Office of the Vice President for Learning.

2. Conduct Probation: This is a probation imposed for a specified period and constitutes a final warning and a second chance to demonstrate what has been learned and to show improved judgment.

3. Personal Probation: This is a probation imposed for a specified period and constitutes a warning of more severe sanctions. This requires the student to meet periodically with a College official to discuss and explore alternatives to the kind of behavior which resulted in the sanction.

4. Disciplinary Probation: This is a probation imposed for a specified period and constitutes a warning which affects the student’s good standing in the College. Violations of regulations during the period are likely to result in suspension or expulsion. During this period, the student is no longer to hold campus offices, receive honors, or represent the College in extracurricular activities.

5. Educative Sanctions: These include a variety of assignments, tasks, or experiences that should make the offender more aware of the nature of the general problem of academic dishonesty. These may be applied in conjunction with any admonition or probation.

C. Suspension or Expulsion

Since academic dishonesty is a violation of the Student Code of Conduct as well as a breach of student academic responsibilities, the student is also subject to suspension and expulsion. Through due process, the student may appeal the allegation and/or sanction within 24 hours (exclusive of weekends and holidays) after a decision has been rendered. The appeal must be made in writing to the Chair of the Judicial Committee (Associate Vice President for Student Development) and in accordance with the steps outlined in Due Process. During the course of an appeal process, the student’s participation in the affected class should continue, thus enabling any action to be reversed without prejudicing the student’s academic standing.

Professional Preparation Programs, Codes of Ethical Conduct

The obligations assumed by those who are entrusted with health and safety of our community transcend mere professional knowledge and expertise. Therefore, in addition to academic competence and the standards of appropriate behavior required of all NWACC students, persons enrolled in the Allied Health, Nursing, Law Enforcement and other professional preparation programs are expected to possess and demonstrate qualities of professional conduct, integrity and ethical behavior, which reflect their suitability to assume this trust. It is the student’s responsibility to carefully review the professional code of ethics and specific program requirements with his/her respective program faculty, and to abide by the ethical standards adopted by that profession.

Discipline Records

A transcript records only information of an academic nature and disciplinary action which denies the student the privilege of continuing in or returning to the College. Other discipline records are kept for five (5) years by the Vice President for Learner Support Services. These are confidential and not made available to otherwise unauthorized persons except upon consent of the student.

The College will abide by all federal and state regulations regarding the privacy of student records and comply with the Family Education Right to Privacy Act and the Buckley Amendment of 1974 regarding access procedures.

Student Complaints

Improving institutional effectiveness is a priority for the NWACC Board of Trustees, administration, staff and faculty. Student complaints and concerns are taken seriously and appropriate corrective solutions are pursued in a timely fashion. Any student who has a bonafide complaint should contact the Vice President for Learner Support Services or the Vice President for Learning. Suggestion boxes are, also, located throughout the College facilities to collect students’ suggestions and concerns. The vice president(s) review complaints to determine the appropriate institutional procedure necessary to address and/or correct the concern. The vice president(s) have an open door policy and are happy to visit with students regarding their concerns; however, in order for a student’s concern to become a formal complaint, it must be submitted in writing, delivered to the appropriate administrative office and contain the following information:

A. The cause for the complaint,

B. the corrective action desired, and

C. sufficient information upon which to base a decision or formulate a solution.

In extenuating circumstances or if the student prefers, the complaint may be verbal.

When appropriate, student complaints will be addressed through the College’s due process procedure or the academic appeals procedure. Written complaints will be responded to in writing within ten (10) working days, by the appropriate Vice President. If any disciplinary action is imposed, it will be taken in accordance with relevant Board policies and administrative procedures. Written complaints will only be addressed and acted upon during the semester the precipitating event occurred or prior to the end of the next academic semester (Fall or Spring).

The College will abide by all federal and state regulations regarding the privacy of student records and comply with the Family Education Right to Privacy Act and the Buckley Amendment of 1974.

Non-students in NWACC Facilities

Action may be taken against any and all persons who have no legitimate reason for their presence in NWACC facilities. Although such persons are not subject to College sanctions, they will be subject to the relevant sections of the penal code of Arkansas.

Sexual Harassment Policy

It is the policy of NorthWest Arkansas Community College to maintain the College community as a place of work and study for staff, faculty, and students free of sexual harassment and all forms of sexual intimidation and exploitation. All students, staff, and faculty should be aware that the College is prepared to take actions to prevent and correct such behavior.

It is the policy of this institution that sexual harassment, as defined in the Federal Guidelines on Sexual Harassment in the workplace by the Equal Employment Opportunity Commission on November 10, 1980 (29CFD, section 1604.11 (a) - (f), is intolerable and unconscionable.

Students who are enrolled in classes offered through NorthWest Arkansas Community College may be expected to participate and cooperate in classroom, laboratory, clinical, or tutorial situations requiring close proximity or physical contact with other students or instructors. Physical contact may occur in a variety of learning environments such as laboratory or clinical settings which require a student to physically come in contact with an instructor or another student as part of the teaching/learning process. Such required activities will not be considered sexual harassment.

Students who may be uncomfortable with specific learning situations are urged to consider which programs or classes they wish to take. Administrators, counselors and faculty are available for any questions a student may have about a specific learning situation.

Students who believe they have been subjected to sexual harassment are encouraged to report the problem promptly to the Vice President for Learner Support Services.

The determination of what constitutes sexual harassment will vary with the particular circumstances, but it may be described generally as unwanted and unwelcome sexual behavior, sexual advances, requests for sexual favors, such as physical contact and verbal comments or suggestions when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or status in a class or program, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or evaluations affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or learning environment. The employees and students have the right to work and/or learn in an environment free from discriminatory intimidation, ridicule, and insult whether based on sex, race, religion or national origin.

It is also the policy of this College that all employees and students be given the opportunity through established steps and processes as specified in the College’s grievance procedure, to resolve sexual harassment complaints. The College’s sexual harassment policy does not reflect any change in the general College grievance procedure.

One purpose of the sexual harassment procedure is to try to solve problems before they become serious problems. Therefore, persons who are subjected to unwanted, unwelcome, or offensive sexual behavior, which does not rise to the level of sexual harassment as defined above or by law, may still use this procedure to get the sexual behavior stopped.

Anyone who is subjected to sexual harassment or to unwanted, unwelcome, or offensive sexual behavior should, if possible, first try to resolve the problem with the person engaging in the harassment or behavior by informing that person that the harassment or behavior is not wanted. If the harassment or behavior continues, then the person may follow the procedure below.

Students should submit a written statement, made in good faith, and expressed in reasonable terms, of any complaints of sexual harassment or unwanted, unwelcome, or offensive sexual behavior. Any such statement should contain:

A. The cause for the complaint,

B. the corrective action desired, and,

C. sufficient information upon which to base a decision.

In extenuating circumstances or if the student prefers, the complaint may be verbal, not written. In case of a verbal complaint, the person receiving the complaint shall create a document detailing the complaint. All such complaints should be considered confidential. A student who believes they have been subjected to sexual harassment should submit his/her complaint to the Office of the Vice President for Learner Support Services. The Vice President for Learner Support Services should, within ten (10) working days, hold a mediation meeting attended by both the Complainant and the Respondent. The Vice President shall assist both parties in reaching an understanding which resolves the problem with a focus on changing current and future behavior. NWACC has counselors and staff trained to help with such problems, and they may be called on to assist with the mediation. The mediation meeting may be adjourned from time to time by the Vice President if progress, in the opinion of the Vice President, is being made. If a resolution is reached, then the procedure ends.

If the mediation is not successful in resolving the problem to the satisfaction of both parties, then the following formal procedure will be followed. The Vice President for Learner Support Services shall act as an investigator unless his or her objectivity is impaired, in which case, the President may appoint an alternate investigator. The investigator shall interview the Complainant, the Respondent, any witnesses identified by the Complainant and Respondent, and any other person deemed appropriate by the investigator. The investigator shall, within ten (10) working days of being forwarded the complaint, report his/her findings to the President with a recommendation on whether further review is needed or not needed. Further review will be needed if the complaint has not been resolved and it appears that there may be some merit to the complaint.

The President shall not be bound by the recommendation of the investigator and may make an independent determination based on the findings of the investigator either to end the investigation or to create a Review Panel for further investigation. The President shall make his decision within ten (10) working days of receiving the report of the investigator.

If the President decides to create a Review Panel, the Review Panel shall be appointed within ten (10) working days of the President’s decision to create the Review Panel. The Review Panel shall consist of five (5) members. If a student is involved as either the Complainant or the Respondent, then at least one (1) member of the Review Panel shall be a student appointed by the Vice President for Learner Support Services. The Review Panel shall be composed of either three (3) men and two (2) women or three (3) women and two (2) men. The overall goal shall be to create an objective and impartial Review Panel. Further information regarding the selection, composition and role/responsibilities of the Review Panel is available in Board Policy 5-8h.

The Review Panel shall report its findings, with appropriate documentation and recommendations, to the President, who shall provide the report to the Complainant and the Respondent. The decision of the Review Panel will be final unless the Complainant or Respondent appeals in writing to the President within ten (10) working days after receipt of the Review Panel report. The President may:

A. affirm the decision of the Review Panel,

B. remand the case to the Review Panel for further consideration, or

C. review the report of the Review Panel and arrive at an independent decision stating in writing the grounds for such independent decision.

The decision of the President, other than remanding to the Review Panel, will be final. If any disciplinary action is subsequently taken, it will be taken in accordance with relevant Board Policies 5-8d for students code of conduct and due process. Unfounded or false accusations concerning sexual harassment will be dealt with appropriately. Although NWACC cannot speak for any accused person, the institution will not retaliate against any Complainant in bonafide sexual harassment cases. Innocent until proven guilty will be the institution’s position.

Drug and Alcohol Abuse Prevention Information

Northwest Arkansas Community College recognizes the responsibility to provide a healthy environment where students may learn and prepare themselves as fully functioning individuals. Substance abuse threatens the College mission as an institution of higher education, and interferes with the learning process.

Substance Abuse Prevention Programs

• Alcohol and Drug Education units are included in the course content of several classes offered throughout the College Curricula.

• Alcohol and Drug Education materials are available at all NWACC classroom facilities for all students, staff, and faculty.

• Alcohol and drug policy information is distributed to students on an annual basis.

• Counselors make appropriate referral to community service providers on a case by case basis.

• Annually, the College observes a drug and alcohol awareness week.

Alcohol and Drug Prevention Policy

Illicit drug and alcohol abuse and their use in the school or at the workplace are subjects of immediate concern in our society. From a safety prospective, the users of drugs and alcohol may impair the well-being of all students, employees and the public at large. Such substance use may also result in damage to College property. Therefore to comply with the Drug-Free Workplace Act of 1988, U.S.C.A. title 41, Section 701 et seq, and the State of Arkansas *E0-89-2, it is the policy of NorthWest Arkansas Community College that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on College premises or at any College function is prohibited. The NWACC Alcohol and Drug Policy is consistent with the Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226). Any student or employee violating this policy will be subject to discipline up to and including expulsion or termination.

1. NorthWest Arkansas Community College will not differentiate between drugs users and drug sellers. Any student or employee who possesses or in any way transfers a controlled substance to another person or sells or manufactures a controlled substance while on the College premises will be subject to discipline up to and including expulsion or termination.

2. The term “controlled substance” includes any drug listed in 21 U.S.C.A. Section 352 (d) and 812 and other federal or state regulations. Generally these are drugs which have a high potential for abuse.

3. Each employee is required by law to inform NorthWest Arkansas Community College if convicted for violation of any federal or state criminal drug statute when such violation occurred on the College premises. Each employee is required to report such conviction within five days of the conviction. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition or a sentence by a judge or jury in any federal court, state court, or any other court of competent jurisdiction.

4. In the case of an employee, NorthWest Arkansas Community College must notify the U.S. government agency with which any contract has been made or from which any grant has been received within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of such a conviction.

5. If a student or employee is convicted of violating any criminal drug statue while engaged by NorthWest Arkansas Community College, he/she will be subject to discipline up to and including termination. Alternatively, the College may require the student to successfully finish a drug abuse program sponsored by an approved private or government institution.

6. Alcoholic beverages shall not be used in any College educational or recreational building.

7. There shall be no use of alcoholic beverages at any and all College functions. College function is defined as a function which any student may freely attend.

8. Alcoholic beverages shall not be used at any College-sponsored student social function. A social function is defined as any event given by or for a College affiliated organization.

Health Risks of Alcohol and Drugs

One of the important cornerstones in creating a drug-free community is education. By becoming familiar with the specific effects and dangers of drugs, each individual is better able to make informed, responsible decisions. More information on the health effects of drugs and alcohol can be found in the printed literature distributed by the College.

Use of Bulletin Boards

Bulletin boards are place throughout the NWACC buildings. Anyone wishing to post material on bulletin boards or walls should first obtain approval from the Supervisor of the Student Information Center. Items posted in NWACC buildings without authorization are subject to removal. Individuals are responsible for removing dated materials.

Student Publications

No student or group of students may use the name of the College for any publication or activity without the approval of the Dean of Learner Development or his or her designee. This applies to printed materials, tickets, posters, advertising, and solicitations of any type.

The distribution of handbills, pamphlets, and other literature on the grounds or in the buildings of the College is prohibited without the permission of the Dean of Learner Development. The Dean may restrict the time and location of any such distribution and require distributors to collect discarded literature.

Closing Due to Weather Conditions

Closing of NWACC classes and administrative offices may be necessary from time to time due to bad weather and/or emergency situations. Decisions on any closings or subsequent openings are made by the President or the President’s designee.

Announcements of decisions to close and/or open normally will be announced at approximately 6:00 a.m. for daytime activities and 3:00 p.m. for evening activities through the local media, the Student Information Line (619-4377) and the College Web Page.

Unless announced otherwise, NWACC will be open at regularly scheduled times. This policy may differ from bad weather/emergency policies of public schools districts because:

1. NWACC does not bus students, as do the public schools.

2. The College has evening classes, but the public schools normally do not.

3. NWACC classes may be canceled, but the College administrative offices may be open.

Sometimes the College will open at a time that does not correspond with a regularly scheduled class period. In that case, students should report to their next class that begins after the College opens.