Policy Manual (A) - Board of Trustees, Instruction & Student Services

Table of Contents

Board of Trustees

Instruction

Student Services

Board of Trustees

ABILITY TO BIND POLICY -100

The President of the College retains authority to sign contracts/agreements regarding the College’s ability and intention to provide services where admissible by the contracting agency.  The President will keep the Board informed of all pending and committed contracts/agreements at regular monthly meetings.  The Board of Trustees will exercise the power to approve or decline any contract/agreement.

Where contracts/agreements require a Board Signature to bind a contract/agreement, the Chairman of the Board will sign the contract/agreement.  In his/her absence, the Vice Chair may sign and in his/her absence, the Secretary may sign.

_________________________________________              ___________________

Chairman, Board of Trustees                                                  Date

_________________________________________              ___________________

Secretary, Board of Trustees                                                  Date

AUTHORIZED SIGNATURE POLICY -101

It is the policy of the College to require two of four signatures on all checks issued by the College.  The four authorized signers are the Treasurer of the Board, the Secretary of the Board, the President, and the Vice President of Finance and Facilities.

NORTH CENTRAL MICHIGAN COLLEGE BIDDING POLICY -102

Purchases and Construction

1. For purchases of $5,000 or more, bids shall be secured from at least three prospects. 
2. Prospects shall be informed of what is required, and a record of notification shall be kept for the records.
3. Items in the area from $5,000 to $25,000 shall be handled either on a formal or informal basis and handled by the Administration with all information kept to be reported to the Board.
4. Items over $25,000 shall be done by formal bidding and awards made by the Board.
5. Awards shall be made on the basis of the best bid for the College.
6. The Administration and the Board reserve the right to reject any or all bids.
7. All contracts, purchases, and bid awards shall be conducted on a fair and equitable basis in accordance with the College’s policy to not discriminate against any business enterprise, including any owned or operated by women, minority group members or socially or economically disadvantaged individuals.  Whenever the purchase involves the expenditure of federal funds, the College shall comply with such federal laws and authorized regulations that are mandatorily applicable.  The College, in all of its purchasing, small comply with OMB Common Rule 36 (e).

DEPOSITORY POLICY - 103

At each Organizational Meeting, the Board of Trustees will designate which banks will be used as depositories.

FUNDRAISING POLICY - 104

The President or the President’s designee must approve all fundraising activities prior to the beginning of the activity by any student organization or employee of the College.

Approved 12/02

HANDLING OF FUNDS POLICY - 105

College funds will be handled as follows:

1. A blanket bond covering the Board of Trustees, and each employee of $100,000 be secured, the amount to be changed at the will of the Board of Trustees.
2. The Treasurer arrange for a bond of $100,000 in a Corporate Surety for the Treasurer, Secretary, President, and the Vice President of Finance and Facilities, the bond condition and the surety to both be subject to approval by the Board.
3. Disbursement of funds of North Central Michigan College will be handled in the following way:

Accounts will be established in which all public moneys will be deposited in the name of the Treasurer.  Disbursements from the account will be valid by check when signed by two of the following persons:

President of the College

Vice President of Finance and Facilities

Treasurer of the Board or Secretary of the Board

4. The President and designees are authorized to secure loans up to the amount of $3,000 (in the form of credit card use).
5. When the Treasurer has properly qualified for office by filing his/her surety bond with the Secretary of the Board and upon its approval by the Board, it will be the duty of the Treasurer to accept all funds of North Central Michigan College in his/her name as Treasurer, to properly deposit such funds in a designated depository in his/her name as Treasurer.

Approved 1/91

NAMING OPPORTUNITIES FOR CAMPUS BUILDINGS AND CAMPUS ENHANCEMENTS - 106

Naming of facilities and programs is a way to honor distinguished alumni, donors, and friends of North Central Michigan College. This policy is established to support a consistent methodology that ensures that all naming practices reflect the college’s purpose and mission. 

1.      BUILDINGS, ROOMS, AND SPACES

The following criteria must be met for a building to be named by a donor:

The minimum gift to have a new building named is $1,000,000 or 25% of the total cost of the building, whichever is less.  

The minimum gift to have an existing building named is $1,000,000 or 25% of the replacement cost of the building, whichever is less.

Gifts may be pledged over a five-year period.  All payments must be received within five years.

A majority vote of the members present at a meeting of the North Central Michigan College Foundation Board of Directors must be forwarded to the North Central Michigan College Board of Trustees for majority approval, which is required for a donor to name a building.

The following criteria must be met for a room or area within a building to be named by a donor, when it is a stand-alone project:

The minimum gift to have a room or area within a building named is $10,000 or 50% of the total cost of renovation of the room or area, whichever is greater.

Gifts may be pledged over a five-year period.  All payments must be received within five years.

A majority vote of the members present at a meeting of the Foundation Board of Directors must be forwarded to the College Board of Trustees for majority approval, which is required for a donor to name a building.

For designated fundraising campaigns, the Foundation Board of Directors and College Board of Trustees may approve a comprehensive naming plan encompassing recognition opportunities for the full scope of the project.

2.      ENHANCEMENT PROJECTS

Enhancements are defined as gardens, gazebos, fountains, statues, monuments, outdoor athletic facilities, such as tennis courts, basketball courts or playing fields, parking lots, and space within the NCMC natural area.  The following criteria must be met for an enhancement project to be named by a donor:

The minimum gift to have an enhancement project named is the total cost of the project.  If the Foundation Board of Directors forward an enhancement project less than the total cost of the project, the College Board of Trustees may, in its discretion, upon the recommendation of the President, and by a majority vote choose to approve the project. 

Except as immediately above set forth, a majority vote of the members-elect of the College Board of Trustees is required for a donor to name an enhancement project.

3.GENERAL POLICIES APPLICABLE TO BUILDINGS, ENHANCEMENT PROJECTS, PROGRAMS, AND ENDOWMENTS

Gift Details

Purpose.  The donation must be used only for educational, scientific or literary purposes (including any combination of such purposes and administrative purposes) in furtherance of the Foundation purposes.

Control of Property.  The fund will be the property of the Foundation and will not be deemed to be a separate trust fund held by the Foundation in a trustee capacity.  The Foundation has the exclusive legal control over all property of the fund.

Variance Power.  This declaration is subject to the Foundations authority to exercise its variance power to modify, restrict or condition the distribution or use of funds from the Fund or any specific charitable purpose of North Central Michigan College if in the sole judgement of the Foundations Board of Directors, such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the purposes of the Foundation.

Naming Details

Naming is considered permanent until or unless a facility is demolished, substantially renovated or expanded, or an academic unit or other program is discontinued. This is typically 25-30 years. If the period of time were to be unexpectedly less than that, the Foundation will work with the donor to appropriately continue their named recognition for the full 25-30 year period.

Before the Naming is announced, the Donor shall demonstrate reasonable and timely pledge payments. After the Naming is affixed, the Donor will continue pledge payments in accordance with the foregoing schedule. 

The proposed naming of any academic program, professorship, center, institute, department, etc. or part thereof must be mutually acceptable to the Donor and the Foundation and must be approved in writing by both the Donor and the Foundation.  

Changed Circumstances

In addition to any rights and remedies available at law, the Foundation Board may terminate any gift agreement and all rights and benefits accorded therewith, including terminating the Naming associated with the gift:

a. In the event of any default in payment of the Gift as provided by the specific gift agreement, or 

b. In the unlikely event the Board determines in its reasonable and good faith opinion that circumstances have changed such that the naming chosen by the donor would adversely impact the reputation, image, mission or integrity of the Foundation or the College due to a continued association with the donor and the continuation of the naming provided for in the gift agreement. 

Upon any such termination of a gift agreement and/or the associated naming, the Foundation and the College shall have no further obligation or liability to the donor and shall not be required to return any portion of the gift already paid.  The Foundation Board, however, may in its sole and absolute discretion determine an alternative recognition for the portion of the gift already received.

Exceptions

The Foundation Board reserves the right to approve exceptions to the items in Section 3 above on a case-by-case basis. Exceptions for gifts that exceed $1,000,000 will also require approval by the College Board of Trustees. When an exception is requested and/or granted, it is agreed that the request and the decision will remain confidential between the Donor and the Foundation.

Board of Trustees

Any proposed name, donation, or both approved and forwarded by the Foundation Board of Directors to the College Board of Trustees, that Board of Trustees in its sole discretion may reject a proposed name, donation, or both.

Furthermore, the College Board of Trustees retains the right to review naming opportunities on an individual basis and may refuse a proposed project that does not fit within the scope of the College mission and master plan.

Additionally, subject to the foregoing naming policies, the College Board of Trustees may, from time to time, and by a majority vote of the members-elect, honor or memorialize certain individuals or organizations in recognition of extraordinary contributions to the College. These contributions may include financial gifts, time and talent devoted to the College by community members, or distinguished service on the part of faculty and staff. The appropriate recognition opportunities will be identified by executive staff and recommended by the president to the College Board of Trustees.

PRESIDENTIAL SCHOLARSHIP POLICY - 107

The College will award a Presidential Scholarship (full tuition and fees) to a graduate from each public and private school in our service area.  One home-schooled student within our service area will be eligible for the Presidential Scholarship.

Approved 3/90
Revised 2/09

REFUND POLICY - 108

North Central Michigan College does not grant refunds for tuition and course fees to students who withdraw or reduce credit hours after the add/drop period of each semester.  The college may be required to adjust a student’s financial aid based on the student’s last date of academic related activity.  Refer to Return of Title IV fund policy 313 regarding Federal Aid adjustments.  If the college cancels a course, 100 percent of the tuition and fees will be reversed.

Revised 5/26/2020
Revised 2/17/2022

SERVICE FEE POLICY -109

Effective with the September start of the 2020-21 school year, the College will charge a service fee. The service fee replaces the registration fee which was in effect through the 2019-20 school year. The service fee will be established annually as a part of the annual budgeting process.

Revised April 15, 2014

Revised November 24, 2020

RESIDENCY FOR TUITION PURPOSES - 110

North Central Michigan College recognizes three separate residency groupings for purposes of levying tuition rates: In-District (Emmet County resident), In-State (Michigan resident) and Out­ of-State (Non-Michigan Resident). For residency determination, students must have resided within the State of Michigan or in Emmet County, with proof, prior to the end of the add/drop period  of the semester in which they plan to enroll.

Residency is subject to verification once per year. Verification is conducted by a mailing to all registered students to the permanent address on file. A "Do not forward" request is given to the Post Office for the mailing. If the mailing is returned as undeliverable, the student is placed on an "address hold" and must confirm an updated address in person, in the Office of Student Services. Proof of residency can be a Michigan driver's license, rent receipt or agreement, property tax receipt, voter's registration card, or an identification card from the Secretary of State Office. The College reserves the right to make the final decision on eligibility.

A Residency Review Committee consisting of the Vice President of Student Affairs and Vice President of Finance and Facilities will hear appeals of residency classification as established by the College. Arrangements for the hearing will be made by the Vice President of Affairs. Any adjustment made in tuition due to a change in residency shall not be retroactive.

SECURITY TRANSFER POLICY - 111

It is the policy of the College that the President, Business Manager, Secretary, and the Treasurer of this Corporation, or any two of such officers, be and they hereby are fully authorized and empowered to transfer, endorse, sell, assign, set over, and deliver any and all shares of stocks, bonds, debentures, notes, evidences of indebtedness, or other securities now or hereafter standing in the name of or owned by this Corporation, and to make, execute, and deliver, under the corporate seal of this Corporation any and all written instruments necessary or proper to effectuate the authority hereby conferred.

Approved 1/81

SENIOR CITIZEN ENROLLMENT - 112

Effective May 1980 only Emmet County Senior Citizens will be granted tuition free enrollment subject to the following conditions:

1. That minimum class size must be attained without considering Emmet County Senior Citizen enrollment.
2. All Senior Citizens will meet regular course entry requirements.
3. That maximum class size shall not be exceeded by the enrollment of Senior Citizens.
4. That Senior Citizens would pay all regular fees, including registration, laboratory, activity, and breakage.
5. A Senior Citizen for these purposes is defined by statute as a person 60 years old or older.

Approved 5/80

UNDESIGNATED DONATION POLICY - 113

It is the policy of the College that all undesignated donations to the College be placed in the undesignated account within the North Central Michigan College Foundation effective July 1, 1990.

Approved 6/90

ETHICAL STANDARDS FOR FACULTY, STAFF, ADMINISTRATION AND BOARD OF TRUSTEES - 114

All employees of the college and members of the Board of Trustees are expected to exemplify the highest personal and professional standards of integrity, truthfulness, honesty and diligence.  In order to serve the College community and to maintain public confidence and trust in College operations, the following Ethical Standards have been adopted:

1. Recognize the basic dignity of all individuals with whom they interact in the performance of duties;
2. Represent accurately their qualifications;
3. Exercise due care to protect the mental and physical safety of students, colleagues, and subordinates;
4. Seek and apply the knowledge and skills appropriate to assigned responsibilities;
5. Keep in confidence legally confidential information;
6. Ensure that their actions or those of others on their behalf are not made with specific intent of advancing private economic interests;
7. Refrain from using position or public property, or permitting another person to use an employee’s position or public property for partisan, political, religious purposes.  This will in no way limit constitutionally or legally protected rights as a citizen;
8. Avoid accepting anything of value offered by another for the purpose of influencing judgment;
9. Address and resolve concern at the division or department level;
10. Avoid any appearance of preferential treatment, which includes engaging in a relationship of a romantic nature with a subordinate.

Approved 7/03
Revised 2/13

LOBBYING POLICY - 115

No federal appropriated funds will be paid, on or on behalf of the College, to any person for influencing or attempting to influence an officer or employee of a federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement.  If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal grant or cooperative agreement, the College shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, The College will include language relative to this certification in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and all subrecipients shall certify and disclose accordingly.

Effective 12/98

AWARDING HONORARY DEGREES - 116

North Central Michigan College will award an honorary degree to an individual as the highest form of recognition for one or more of the following reasons:

• To recognize extraordinary service to the College; or
• To recognize outstanding contributions to the community.

The honorary degree shall be based on the following areas in which individuals may have made significant contributions:

• Educational Service: Recognizing outstanding service that enhances educational opportunities for the area or that gives personal assistance that leads to the success of individuals in higher education.
• Humanitarian Service: Recognizing outstanding altruism that enhances the quality of life for others in the area.
• Servant Leadership: Recognizing outstanding service that goes "the second mile" beyond the servant's paid job description in any area of leadership and that benefits others and/or enhances their leadership capabilities.
• Arts and Letters: Recognizing outstanding contributions to the arts in any form that enhances the quality of life in the area.
• Entrepreneurial Leadership: Recognizing outstanding contributions to business/industry through creative start-ups of new enterprises or through innovative management or business or industry.  

Nominations for honorary degree recipients should be made to the President.   Nominations may be submitted by Trustees, Foundation Board members, individual employees, College offices and departments, or committees.  The President shall review nominees with a broad-based internal committee to garner input from faculty, the College Communications Department, Foundation, and Vice Presidents.  It is expected that one or two honorary degrees will be awarded per year, and there need not be an award in any given year.   Selected nominations will be recommended by the President to the North Central Michigan College Board of Trustees.   The Trustees will approve the final slate of nominees.

Approved 11/18

 EMERITUS APPOINTMENTS - 117

Policy:

Eligible faculty members may be conferred emeritus status by the North Central Michigan College Board of Trustees.

Procedure:

1. Selection criteria for emeritus status are as follows:  

• Faculty members who have terminated their responsibilities as the result of retirement after a minimum of 20 years of service to the College AND who have demonstrated meritorious teaching, published research, or distinguished service to the College community.

2. ​​​Nominations are made by submitting a letter to the Vice President of Academic Affairs and Student Success.  Nomination letters should include suitable detail describing the nominee’s qualifications and accomplishments.  Nominations must be received by the Vice President of Academic Affairs and Student Success not later than March 1.

3. The Vice President of Academic Affairs and Student Success will forward his/her recommendation to the President not later than March 31.

4. The President will forward his/her recommendation to the Board of Trustees for consideration at its April/May meeting.

5. The Board of Trustees will approve/disapprove the recommendation of the President. 

6. The Board of Trustees reserves the right, as it sees fit, to confer emeritus status to non-faculty employees of North Central Michigan College including, but not limited to, former administrators, staff members, and trustees who have demonstrated distinguished service to the College community.  In this case, a nomination letter should be submitted to, or generated by, the President.   

Privileges Accorded:

1. Staff parking at specified locations
2. Complimentary use of the Student and Community Resource Center
3. Attendance at departmental and College faculty meetings with voice but no vote
4. Participation in College ceremonies when appropriate
5. Listing in the College catalog and website
6. Complimentary passes to College-sponsored activities when possible

Approved 11/18

Instruction

ACADEMIC ASSESSMENT POLICY - 200

Degree-seeking students must submit ACT/SAT/High School GPA scores to North Central Michigan College (NCMC) prior to being admitted.  Students who have not taken the ACT, SAT or High School GPA must participate in the assessment testing adopted by NCMC.  Assessment testing is available on a walk-in basis at the Petoskey Campus Learning Support Services Lab (231-348-6682) and at the NCMC Gaylord and Cheboygan Educational Centers.

Placement into the appropriate math and English composition courses is mandatory based on the results of these assessments.

The following students may be exempt from assessment:

1. Students who have ACT/SAT/High School GPA or assessment scores on file at NCMC.
2. Guest students from other colleges/universities.
3. Students who have on file at NCMC proof of 15 or more transfer credit hours that include math and English credits, and a 2.0 or higher GPA.
4. Students who are only interested in pursuing “personal interest” coursework and not taking math or English.

Revised 8/18, 11/21

ACADEMIC CALENDAR POLICY - 201

Effective the Fall Semester of 1981, an academic calendar will provide for first semester classes starting after Labor Day and ending before Christmas, and the second semester will be 16 weeks in length.  The administration is authorized to implement annual calendars within these guidelines.  The standard hour for lectures/labs shall be 55 minutes.

ACADEMIC PROBATION/SUSPENSION POLICY - 202

A student is placed on academic probation when his/her cumulative grade point average (GPA) after enrolling for 6 semester credit hours falls below 2.00, the minimum level considered to be in good academic standing.  A student placed on academic probation will have two consecutive semesters of enrollment during which to bring his/her cumulative grade point average to 2.00 or above.  Failure to do so may result in academic suspension (denial of continued enrollment) for one full semester.  A student readmitted after suspension will have an additional two semesters in which to achieve a 2.00 cumulative grade point.

ACADEMIC STANDARDS POLICY - 203

Admittance to the North Central Michigan College community is a privilege which carries with it the responsibility for appropriate academic achievement.  The College reserves the right to place a student on probation or suspend a student whose academic achievement is such that continued enrollment would not be in the best interest of the College or the student.

DIRECTED/INDEPENDENT STUDY POLICY - 204

Directed/Independent Study is a means for earning credit for a course during a semester or session when it is not on the class schedule.  The Directed/Independent Study is begun and completed within the official dates of the semester for which it is requested, but students and faculty members do not meet for a set number of hours in a classroom setting.  Students are, however, required to spend an amount of time equivalent to that spent in a traditional course in order to satisfactorily earn credit.  An additional fee of $150 (beyond tuition) is assigned to all Directed/Independent Study courses.  This fee is in addition to any other fees that may be assigned to the course.  Lab courses are not normally available for Directed/Independent Study.

North Central Michigan College Intellectual Property Policy - 205

(As approved by the Administrative Council on October 1, 2002)

(Revised October 1, 2002)

I. PREAMBLE

Colleges are essentially institutions committed to the creation and dissemination of knowledge.  They are society’s means for encouraging, fostering, and protecting individual and collective scholarship, research, and creativity, and for sharing the results as widely as possible.  Colleges bear the important intellectual and cultural role of transmitting and perpetuating traditions of inquiry which society has found valuable, and of protecting them from encroachments that would obviate or distort them, or make them inaccessible to other inquirers.  Colleges are therefore committed to the academic life in the broadest sense of the word, beginning with their students but ultimately including all of humankind.

Notwithstanding their legal and economic status, and the accompanying privileges and responsibilities of those roles, the primary goal of colleges is not financial gain.  Moreover, their relation to the faculty is not a simple employer-employee relationship but rather a collaborative association in which the College serves as catalyst, and facilitator of professionals committed to pedagogical, scholarly, and service activities.  That is, the crucial and definitive interactions take place laterally among faculty members, students, and the larger intellectual and cultural world, and not vertically or hierarchically between the College and individual, isolated employees.

This Intellectual Property Policy respects these basic relationships and affirms the College’s commitment to academic freedom and the fostering of a rich environment in which it can flourish.  Pursuit of these goals includes the recognition and protection of the intellectual property rights of faculty, staff, students, and the College, and the acknowledgment of the supportive, enabling role of the academic community.  It also requires the fair distribution of any benefits arising from activities in which the College and its members are jointly engaged, including public recognition and, where appropriate, financial remuneration. This Policy attempts to articulate and balance these sometimes competing interests in a fair, manageable, and productive way.

II. OBJECTIVES

1. To make clear the College’s values with regard to intellectual property,
2. To encourage research, scholarship, and a spirit of inquiry,
3. To facilitate the dissemination of knowledge and technology for the benefit of the College and the community it serves,
4. To provide an administrative system to assist faculty and staff members in bringing new discoveries and developments into public use,
5. To provide an administrative system to evaluate, where appropriate, the commercial significance of new discoveries and developments,
6. To provide for the equitable disposition of interests in shared intellectual property among the author, creator, developer, the College and, where applicable, the external sponsor 
7. To provide incentives to creators in various forms, including professional development, recognition, and financial compensation, and
8. To safeguard intellectual property, so that it may receive adequate and appropriate legal protection against unauthorized use.

III. COVERAGE & DEFINITIONS

1. General.  This Policy covers all intellectual property conceived, created, first reduced to practice, written, or otherwise produced by faculty, staff, administrators, or students of NORTH CENTRAL MICHIGAN COLLEGE in whole or in part in the course of performing their College responsibilities or using NORTH CENTRAL MICHIGAN COLLEGE funds, facilities or other resources.
2. Intellectual Property Defined.  The term “intellectual property”, for the purpose of this Policy, is defined as the tangible results of scholarship, research, development, teaching, or other intellectual activity.  Intellectual property includes, but is not limited, to the following:

1.  Inventions, discoveries, or other new developments which are appropriate subjects of patent applications, whether patentable or not.

2. Written materials; exhibits; sound, video, and other media productions; computer programs; computer-based instructional materials; works of art including paintings, sculptures, and musical compositions; and all other material protectable under U.S. or foreign copyright law.

3.  Tangible research materials including biological, chemical, physical, and technological products; as well as analytical procedures and laboratory methods. These may or may not be patentable or copyrightable.

3. The three categories above are not mutually exclusive; a given article of intellectual property may include aspects of all three categories.   The term “intellectual property” is also defined to include all underlying utility patents, design patents, design registrations, utility models, industrial design copyright, trademarks, trade dress, trade secrets and all other forms of intellectual property protection or proprietary rights available throughout the world.

   IV. GENERAL POLICY

1. College Ownership Generally.  All rights in and to intellectual property defined in Section III, except certain intellectual property exempted under this Policy, shall be owned and controlled by NORTH CENTRAL MICHIGAN COLLEGE.  The individual covered under this policy hereby assigns to NORTH CENTRAL MICHIGAN COLLEGE all right, title and interest in and to all intellectual property that it creates and that this Policy covers under Section III and does not otherwise expressly exempt.
2. Intellectual Property Disclosure.  When a NORTH CENTRAL MICHIGAN COLLEGE faculty member, staff member, administrator, or student creates an item of intellectual property which, under the terms of this Policy may be owned and controlled by NORTH CENTRAL MICHIGAN COLLEGE, the creator shall report the intellectual property to the  (a proposed) Intellectual Property Committee (IPC) by completing a Disclosure Form (Attachment 1). The creator shall also (i) cooperate in the execution of all legal documents reasonably requested by College to protect its rights under this Policy and cooperate in the review of literature and prior art (e.g., patent searches); (ii) be given the opportunity to assist in the further commercial development of the intellectual property as defined in Section VI; and (iii) have an interest in and share in any income derived from the commercialization of such property, as set forth in this Policy.
3. Exempted Intellectual Property.  In accord with the commitments expressed in the Preamble, traditional products of scholarly activity which have customarily been considered to be the unrestricted property of the author or creator are exempted from this general policy in IV.A. above, provided that they are not institutional works and did not make significant use of College resources or the services of college non-faculty employees working within the scope of their employment (see Paragraph D below).  Such traditional products of scholarly activity are the following:  books, monographs, articles, reviews, and other works of artistic imagination (including paintings, sculptures, plays, choreography, musical compositions, and software).  If a work product is exempted from the general policy in IV.A. above, the College shall have, and the creator hereby grants to College, the perpetual and royalty-free right to copy and use the work for providing instructional services. The latter include projects undertaken during sabbatical leaves, faculty fellowships, and other special assignment periods intended for such activities.

The exemption also encompasses works produced by students, either alone or with the assistance of NORTH CENTRAL MICHIGAN COLLEGE faculty or staff, if they fall under the description in the preceding paragraph.

NORTH CENTRAL MICHIGAN COLLEGE will not claim ownership rights to such traditional works, unless there is a written agreement to the contrary.  Whether the College claims ownership of a work will be determined in accordance with the provisions of this Policy and not solely based upon whether the work constitutes a work made for hire under U.S. copyright law.  The College’s ownership of a work made for hire may be relinquished only by an official of the College who is duly authorized to do so.

The U.S. Copyright Act defines a "work made for hire" as:

(1)  a work prepared by an employee within the scope of his or her employment; or

(2)  a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a sound recording, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwards, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructional text" is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.

4. Work Produced in Support Units.  Intellectual property produced in certain NORTH CENTRAL MICHIGAN COLLEGE support units (non-academic departments) whose mission includes the production of works for instructional, public service, or administrative use, and which employ designated staff or faculty for the purpose of producing such works (e.g., Student Services, Learning Support Services, Marketing, Library and Academic Technology Services, and similar units), are deemed to be “works made for hire” and, therefore, the property of NORTH CENTRAL MICHIGAN COLLEGE.  Such works may include brochures, films, videotapes, telecourses, recordings, displays, drawings, slides, models, computer programs, and the like.  NORTH CENTRAL MICHIGAN COLLEGE shall own and control all such intellectual property produced in such units for such purposes.  Income from the use of such works shall be subject to NORTH CENTRAL MICHIGAN COLLEGE resource management and budgeting policy.

Non-significant utilization of NORTH CENTRAL MICHIGAN COLLEGE support units to prepare instructional materials does not automatically transform such materials into work made for hire or deprive faculty of ownership rights.  Rather, it generally continues the College's traditional role of facilitating the faculty's usual teaching activities and thus falls under the exemption in IV. C. above.  Examples of non-significant utilization of College support units include ordinary use of desktop computers, the College library and limited secretarial or administrative resources.  Due to technical advances and other circumstances, new and exceptional cases may arise. When they do, disposition shall be made by the (proposed) IPC according to the following factors: the initiation of the creative effort, control over the work's content and form of expression, and the amount of extraordinary or non-usual support afforded by the College. Creators should consult with their immediate chair or administrative superiors to determine whether an official disclosure of such materials is required. The NORTH CENTRAL MICHIGAN COLLEGE support unit should discuss with the creator the ownership, use, and disposition of all instructional materials prior to their creation.  Nothing in this paragraph shall limit the rights of the employees of such units to works produced or developed outside the scope of their employment and not involving the use of NORTH CENTRAL MICHIGAN COLLEGE facilities or resources.

5. Works of Non-Employees.  Under United States copyright law, works of non-employees such as consultants and independent contractors generally are owned by the creator and not by the College, unless there is a written agreement to the contrary.  It is the College’s policy that the College shall retain ownership of such works, and the College will generally require a written agreement from non-employees that ownership of such works will be assigned to the College.
6. Sponsored Projects.  NORTH CENTRAL MICHIGAN COLLEGE shall own and control the rights to intellectual property resulting from sponsored projects (“sponsored projects” are those with some form of specific underwriting, e.g., grant funded projects, a foundation funded project, etc.). In some instances, the provision of additional or unusual funding, background information, product samples, or confidential proprietary data by a sponsor may create a situation in which the sponsor may claim partial or complete ownership of intellectual property that might result from the sponsored project. In such cases, final disposition of the property may be negotiated as a part of the sponsored project agreement.
7. In those cases where the final disposition of the property has not been negotiated as part of a sponsored project agreement, NORTH CENTRAL MICHIGAN COLLEGE will proceed as described in Section VI.

V. ADMINISTRATIVE PROCEDURES

1. General.  The legal interests of NORTH CENTRAL MICHIGAN COLLEGE and its faculty members, staff members, administrators and students in any intellectual property, except intellectual property described in Section IV.C., shall be determined in accord with this Policy by the (proposed) Intellectual Property Committee (IPC).
2. Intellectual Property Committee.  The (proposed) IPC shall be a standing committee appointed by the Vice President of Instruction and Student Success in consultation with the College President and the Faculty Association. The committee will include no more than five (5) members, two full time faculty, two staff members, and the Vice President of Instruction and Student Success.  Its members shall be members of the faculty and staff chosen to provide broad technical expertise across various disciplines.  The IPC may also include an outside member with relevant expertise. Additional expertise may be sought by the (proposed) IPC as needed in the consideration of a particular intellectual property matter.
3. Disclosure Process.  All intellectual property not exempted in IV. C. shall be disclosed by the creator to the (proposed) Intellectual Property Committee (by completing Attachment 1) prior to public disclosure.

1. If the (proposed) IPC determines that the intellectual property under consideration is exempted under IV. C., it shall release the property to the creator and NORTH CENTRAL MICHIGAN COLLEGE shall not claim the property.

2.  The (proposed) IPC may determine that NORTH CENTRAL MICHIGAN COLLEGE has a legal interest in the property but that the chances of successful commercialization are minimal or that the costs of pursuing such commercialization outweigh the income potential. In such cases the (proposed) IPC may, in writing, release the property to the creator as above.

3.  If the (proposed) IPC determines that NORTH CENTRAL MICHIGAN COLLEGE has a legal interest in the property and judges that there is a reasonable chance for successful commercialization, it shall:

(a)  inform the creator in writing that NORTH CENTRAL MICHIGAN COLLEGE claims ownership rights to the property;

(b) determine and record the rights of the creator to share in any income with NORTH CENTRAL MICHIGAN COLLEGE in accord with Section VII; and

(c) refer the matter to the Vice President of Instruction and Student Success together with its recommendation as to appropriate courses of action.

(d) the creator shall execute an acknowledgment and, where applicable, an assignment of ownership rights to NORTH CENTRAL MICHIGAN COLLEGE. (See Attachment 3.)

4. Property Valuation.  The (proposed) IPC will have the responsibility for valuing the intellectual property so that NORTH CENTRAL MICHIGAN COLLEGE’s interests in any subsequent negotiations are protected. The process for licensing, selling, or otherwise conveying intellectual property will comply with any applicable federal or state statutes. With close consultation and collaborations with the creator, the (proposed) IPC shall determine the appropriate method of protection of the property and, where appropriate, obtain such protection. All costs associated with these actions shall be borne by NORTH CENTRAL MICHIGAN COLLEGE, except that such costs shall be offset against future income in accord with Section VII.C. NORTH CENTRAL MICHIGAN COLLEGE will distribute any net income from commercialization in accord with this Policy and the determinations of the (proposed) IPC.
5. Pending Status.  In some cases the (proposed) IPC may find that NORTH CENTRAL MICHIGAN COLLEGE has an ownership right in the creation but that the creation has not been developed to the point where a decision as to patentability or commercialization is possible. In such cases, the (proposed) IPC shall place the creation in a pending status, provide the creator with reasons for taking such action and with suggestions as to additional information or data that might be helpful, and request that the creator report back to the (proposed) IPC at some specified date.
6. Time for Determination.  Except for Section V.E., if the (proposed) IPC takes no action within nine (9) months after receiving the initial report of the new creation, the right to the creation shall be deemed to be released to the creator. The (proposed) IPC shall keep the creator informed about its actions.
7. Request to Commercialize Exempt Property.  NORTH CENTRAL MICHIGAN COLLEGE faculty, staff, or students may request that NORTH CENTRAL MICHIGAN COLLEGE accept, for management and commercialization, intellectual properties not originally subject to this Policy. Given such a request, the Vice President of Instruction and Student Success, with the advice of the (proposed) IPC, shall determine if there is a reasonable expectation that the property can be commercialized successfully. If NORTH CENTRAL MICHIGAN COLLEGE accepts management and commercialization responsibilities for such intellectual property, the intellectual property shall become subject to, and shall be treated in accord with, all provisions of this Policy.
8. Third-Party Property.  Intellectual property referred to or offered to NORTH CENTRAL MICHIGAN COLLEGE by third parties ("off the street") shall be treated as any other gift offer and shall be channeled through the NORTH CENTRAL MICHIGAN COLLEGE Office of the Vice President of Finance and Facilities, OR, the NORTH CENTRAL MICHIGAN COLLEGE FOUNDATION.  If accepted by the NORTH CENTRAL MICHIGAN.
9. COLLEGE FOUNDATION, the property shall be managed by the director of the college foundation in accord with appropriate parts of this Policy and the terms of the gift agreement.

  VI. COMMERCIALIZATION

1. For purposes of protection and commercialization of intellectual property owned by NORTH CENTRAL MICHIGAN COLLEGE, patent or copyright coverage may be sought, or the property may be treated as proprietary information, technical know-how, or trade secret.
2. In seeking and developing commercialization of intellectual property, NORTH CENTRAL MICHIGAN COLLEGE, through the (proposed) IPC, shall be guided by the following principles:

1.  The primary objective and responsibility of NORTH CENTRAL MICHIGAN COLLEGE shall be to assure that the products of its intellectual activity are brought into the widest possible use for the general benefit of the community the College serves.

2. Intellectual property should be treated as an asset and an appropriate return should be sought.

3.  Active creator participation in all commercialization efforts shall be vigorously sought.

3. In an effort to commercialize the intellectual property, NORTH CENTRAL MICHIGAN COLLEGE may seek a variety of arrangements such as licenses, outright assignment or sale of rights, partnerships, and joint ventures. The selection of particular arrangements will depend on the circumstances of each.
4. In some situations it may be in the best interest of NORTH CENTRAL MICHIGAN COLLEGE, the general public, and the creator to enter into commercialization arrangements with entities wholly or partially owned or controlled by the faculty, staff, or students who originated the property. Due to the potential of such arrangements for contributing to the economic development of the state and local areas, such arrangements may be considered and accepted, provided they are not specifically prohibited by law and that adequate provisions, including full disclosure of interests, are made to avoid or otherwise protect against conflict of interest on the part of those involved.
5. Commercialization of intellectual property by NORTH CENTRAL MICHIGAN COLLEGE may involve discussions and negotiations over months and sometimes years. Based on national data, the process more often fails than succeeds. If no commercialization has occurred within two years after the property has been transferred to NORTH CENTRAL MICHIGAN COLLEGE, the creator may request that all rights be transferred.
6. Such requests should be directed to the (proposed) IPC, which shall explain what efforts have been made, what additional efforts are planned, and shall make a recommendation to the Vice President of Instruction and Student Success as to disposition. If the Vice President of Instruction and Student Success, in consultation with the (proposed) IPC, determines that there is little chance of successful commercialization, all rights may be transferred to the creator, and NORTH CENTRAL MICHIGAN COLLEGE shall no longer claim any rights to the property. If the Vice President of Instruction and Student Success determines that NORTH CENTRAL MICHIGAN COLLEGE has undertaken reasonable efforts to commercialize and that further NORTH CENTRAL MICHIGAN COLLEGE efforts offer reasonable chances of success, the creator’s request may be denied. Such denials will be accompanied by a report summarizing the factors considered by the Vice President of Instruction and Student Success in arriving at the decision. The creator may request a review of the disposition in accordance with this paragraph annually. Such requests should be directed to the (proposed) IPC, which will forward a recommendation to the College President.

VII. ROYALTY INCOME SHARING POLICY

1. General.  Except as otherwise provided through supplementation under Section VII.C., or unless otherwise set forth in a separate written agreement between the parties, net revenue (defined below) derived from the commercialization of intellectual property covered by this Policy shall be shared as follows:  40% to the creator and 60% to the College to be distributed as it determines in its sole discretion.
2. Net Revenue Defined.  As used in this Policy, the term “net revenue” means gross receipts (royalties, license fees, and other such payments received by NORTH CENTRAL MICHIGAN COLLEGE on behalf of the creator and NORTH CENTRAL MICHIGAN COLLEGE) minus necessary deductible costs (e.g., mailing or courier costs, patent enforcement, necessary travel, auditing fees, creation, and production costs).  The term “gross receipts” refers to agreed-upon payments specified in a license or other commercialization agreement.  NORTH CENTRAL MICHIGAN COLLEGE reserves the rights to suspend distribution of revenue when there is reason to believe that substantial deductible costs will be incurred in the future. The creator shall be informed of such decisions.  An annual detailed accounting of revenue and costs shall be made available to the creator.  Arrangements for expertise or talent from other units, or from outside NORTH CENTRAL MICHIGAN COLLEGE, may include payments based on sales or usage of such works.  Such payments are considered to be deductible costs of production.
3. Creator Share.  The creator's rights to share in revenue as stated above (but not including the College's share) shall remain with the individual or pass to the individual's heirs and assigns for so long as net income is derived from the property.
4. More than One Creator.  When two or more individuals have made substantial creative contributions to intellectual property, such persons will determine among themselves, in writing, the individual share each will receive. A copy of the agreement will be filed with the (proposed) IPC at the time of disclosure. In the event that they cannot reach such agreement, each individual will have the opportunity to present written and oral statements to the (proposed) IPC. After such presentations, the (proposed) IPC will make a final determination.

VIII. SHARING OF RESEARCH MATERIALS

It is the College’s policy that research materials shall not be shared without a written agreement that has been approved in advance by the Vice President of Instruction and Student Success.  Any agreement submitted to the College for approval shall be substantially in the form set forth in Attachment 2.  When significant costs to NORTH CENTRAL MICHIGAN COLLEGE are involved in producing the material, provision for the recovery of those costs not covered by sponsor support shall be considered in making a sharing agreement. A copy of any such agreement shall be maintained by the Vice President of Finance and Facilities.

IX. CONSULTING AGREEMENTS

1. Any faculty or staff member engaged in consulting work or in business is responsible for ensuring that clauses in the individual's agreements are not in conflict with this Policy, or with NORTH CENTRAL MICHIGAN COLLEGE's commitments or agreements with third parties; and that NORTH CENTRAL MICHIGAN COLLEGE's rights and the creator's obligations to NORTH CENTRAL MICHIGAN COLLEGE are in no way abrogated or limited by the terms of such agreements. Questions about potential conflicts should be directed to the Office of the Vice President of Instruction and Student Success.
2. Faculty and staff members shall make clear to those with whom they make such agreements their obligations to NORTH CENTRAL MICHIGAN COLLEGE and shall ensure that other parties to the agreement are provided with a current copy of this Policy.

X. BINDING NATURE OF THIS POLICY

The policies set forth herein constitute an understanding which is binding on NORTH CENTRAL MICHIGAN COLLEGE faculty, staff, and students as a condition of their participation in NORTH CENTRAL MICHIGAN COLLEGE research, teaching, and service programs and for their use of NORTH CENTRAL MICHIGAN COLLEGE funds, facilities, or other resources.  

XI. REVISIONS AND MODIFICATIONS TO THIS POLICY

This Policy and any associated attachments are subject to ongoing assessment and future modification. The version of this Policy in effect at the time of disclosure is binding. Faculty members and staff are therefore expected to acquaint themselves with the current version, which is kept on file at the library and the Office of the Vice President of Instruction and Student Success, and posted on the NORTH CENTRAL MICHIGAN COLLEGE web site.

Authorized parties to initiate such changes and procedures include the Vice President of Instruction and Student Success, in consultation with the (proposed) Intellectual Property Committee (IPC).  Final approval of any policy change to be made shall be made by the College President and the Board of Trustees.

* * * * *

205.1

ATTACHMENT 1

NORTH CENTRAL MICHIGAN COLLEGE Intellectual Property Disclosure Form

If this is a first-time disclosure, please include a Curriculum Vita of the principal creator(s).

Upon completion of this form and signature by all appropriate parties, please return to:

Dr. Peter Olson

Vice President of Instruction and Student Success

North Central Michigan College

1515 Howard St.

Petoskey, MI  49770

polson@ncmich.edu

FAX:  (231) 348-6660

Please download this form (at an appropriate and to-be-developed web page at the college’s web site) and provide the requested information after the relevant entries. Retain a hard copy of the completed form for your own files.

If you have any questions about this form or NORTH CENTRAL MICHIGAN COLLEGE's Intellectual Property Policy, please contact Dr. Peter Olson (231) 348‑6660, polson@ncmich.edu.
 

CHECKLIST TO COMPLETE BEFORE SUBMISSION TO SPONSORED PROGRAMS

• Have all creators signed at V.1 ?
• If there is a Principal Investigator (Vice President or Division Director), has he/she signed at V.2 ?
• Has the creator's Immediate Division Director or Vice President signed at V.3 ?

Has all appropriate supporting material been included?

• Have you included Attachment 3, if required? (See I.6.)
• Has the Curriculum Vitae of the principal creator(s) been included?
• Has a hard copy been made for your records?

NORTH CENTRAL MICHIGAN COLLEGE

INTELLECTUAL PROPERTY DISCLOSURE

No. _____________ (to be entered by Office of the Vice President of Instruction and Student Success)

NOTE: Disclosures are treated as confidential information. Except for individuals engaged in the evaluation and approval process, the information will not be divulged to others without the permission of the creator(s), except as required by law.

I. PRELIMINARY INFORMATION

1. TITLE OF WORK: ______________________________________________

2. TYPE OF WORK (examples: invention, software, book, article, video, film, other):

    ___________________________ .  
 

3. LIST OF CREATOR(S):

4. Was the effort that led to this work undertaken as part of a Sponsored Project?

     Yes_____ No_____ If Yes, complete (a) - (d) :

(a) NORTH CENTRAL MICHIGAN COLLEGE Grant or Project

      No:________________________________

(b) Name of sponsoring agency or company:_________________________________

(c) Contract or Grant Period: Start: ______________ End: ______________

(d) Attach a copy of Grant or Contract document, if available.

5.  As far as you know, does the sponsor have any claims to the creation?

     Yes _____ No _____ Uncertain _____ (If Yes or Uncertain, please explain.)

6.   Based on your understanding of the NORTH CENTRAL MICHIGAN COLLEGE Intellectual Property Policy, the intellectual property rights to this invention belong to and are owned by:

(a) _____ the creator(s)

(b)_____ NORTH CENTRAL MICHIGAN COLLEGE (with royalty sharing as per Intellectual Property Policy). If (a), please fill out the "Acknowledgment of NORTH CENTRAL MICHIGAN COLLEGE Ownership" form (Attachment 3).

II. DESCRIPTION OF CREATION

Brief Description (written for non-specialists): If the creation is a copyrighted work, describe its contents and attach a copy, if available. If the work is an invention, identify its novel or unusual features. (Please attach any sketches, drawings, photographs, or other materials that may help illustrate the creation.)

III. INVENTIONS

A. Record of Disclosure

1. Has the creation been described in a publication? Yes_____ No_____ Has it been described orally at public meetings? Yes_____ No_____ If Yes, provide details and attach copies of such publications or presentations.

2. Is a publication or oral presentation about the creation planned? Yes_____ No_____ If Yes, give date (estimate, if unknown) and attach copies, if available.

3. If applicable, has the creation been tested? Yes_____ No_____ Are test data available? Yes_____ No_____ If Yes, explain.

4. Are there known creations by others that are similar or related to this one? Yes_____ No_____ If Yes, describe, including information on relevant patents, publications, or presentations, if available.

5. Has information or material been disclosed to industry representatives? Yes_____ No_____ Has any commercial or non-commercial interest been shown? Yes_____ No_____ If Yes, name companies or institutions, and specific individuals and their titles, if known.

B. Evaluation

1. Briefly describe the technical impact this creation is likely to have on the field of   endeavor.  What are the possible uses of or markets for the creation?

2. Does the creation possess any disadvantages or limitations? Yes_____ No_____ If so, can they be overcome? Yes_____ No_____ If Yes, explain.

3. Please describe the creation’s current stage of development, projected timeline to completion, and needed resources.

4. Estimate the economic potential of this creation, if successfully commercialized, in terms of annual revenues:

less than $10,000 _____

$10-$100,000 _____

$100,000-$1 million _____

over $1 million _____

5. If the creation is of a type on which patent(s) may be pursued, do you consider it worthwhile to spend up to $15,000 to obtain a U.S. Patent?

Yes_____ No_____ (Explain.)

6. Please list individuals (on or off campus) with technical, economic, or other knowledge in the field of the creation who could be asked to provide a confidential review, assessment, or evaluation of the technical or commercial potential of this creation.

C. Conception Record

While most creators keep notes and records to document their work and discoveries, these are often in a form that is not acceptable in a patent court as a valid "conception record" to prove when the work was first conceived. By completing the following "Execution of Witness" a Conception Record is established. The date of witnessing provides a fallback position if earlier records and dates are not acceptable.

EXECUTION OF WITNESS

This invention was first explained to me by the creator(s):

____________ [witness name] ___________ on the _________ (day) of ___________ (month), _________ (year) and understood by me, and/or the attached disclosure was read and understood by me on the __________ (day) of ____________ (month), ________ (year).

_____________________________________ ____________________________

      Signature of Witness                                                         Date
 

IV. INFORMATION FOR DETERMINATION OF OWNERSHIP

The following information is needed for the Intellectual Property Committee (IPC) to evaluate the ownership of the Intellectual Property according to item I.6. If the committee concludes that ownership rests with NORTH CENTRAL MICHIGAN COLLEGE, you will be required to sign an Acknowledgment Form. (See Attachment 3.)

1. Were NORTH CENTRAL MICHIGAN COLLEGE resources such as facilities, equipment, materials, funds, and information, or the time or services of yourself and/or other NORTH CENTRAL MICHIGAN COLLEGE employees, used in the production of the work or development of the creation?

Yes_____ No_____ (If Yes, describe the nature of these contributions. Note that for this purpose, Sponsored Research funds are considered NORTH CENTRAL MICHIGAN COLLEGE resources.)

2. Have you made or worked on this creation during your usual NORTH CENTRAL MICHIGAN COLLEGE working hours?

Yes_____ No_____ (Explain)

3. Do you consider this work a result of the normal activities expected of you by your appointment/employment by NORTH CENTRAL MICHIGAN COLLEGE (e.g., teaching, research, development, public service, etc.)?

Yes_____ No _____ (Explain)

4. Did you have an expressed (oral or written) agreement with NORTH CENTRAL MICHIGAN COLLEGE to produce this creation?

Yes _____ No _____ (Explain)

V. SIGNATURES

1. Names & Signature(s) of Creator(s):

__________________________________ __________________________________

__________________________________ __________________________________

__________________________________ __________________________________

__________________________________ __________________________________

2. If Sponsored Project funding was involved in the development of work, name and signature of Principal Investigator (Divisional Director or Vice President).

__________________________________ ___________________________________

Typed Name                                                   Typed Title

__________________________________ ___________________________________

Signature                                                         Date
 

3. Name and signature of Immediate Administrative Supervisor of the creators.

__________________________________ ___________________________________

Typed Name                                                   Typed Title

__________________________________ ___________________________________

Signature                                                         Date

205.2

ATTACHMENT 2

Agreement to Share Research Materials

Dear ________________________:

This is to acknowledge your request that certain research materials developed in the laboratory of
_________________________ [researcher name(s)] _________________ at NORTH CENTRAL MICHIGAN COLLEGE be transported to your laboratory at ______________________________________ for scientific research purposes. I/we also acknowledge the implied representation that you and your associates are cognizant of any potential hazards that may exist in working with these materials. The materials concerned, which are owned by NORTH CENTRAL MICHIGAN COLLEGE, are ________________ [describe] ______________.

I/we will be pleased to permit the use of these materials by you within your laboratory for our cooperative scientific research. However, I/we am/are requesting your agreement that the materials will be used only for our cooperative work, that you will bear all risk to yourself and/or any others resulting from your use, and that you will not pass on these materials, and their progeny or derivatives, to any other party or use them for commercial purposes without the express written consent of NORTH CENTRAL MICHIGAN COLLEGE. In addition, any public or written announcement of this work and/or its results must credit NORTH CENTRAL MICHIGAN COLLEGE as the source of these materials. You must keep us informed on a quarterly basis of any results obtained by using these materials, especially if publication in the open literature is contemplated, but also if no publication results. You understand that no other right or license to these materials, their progeny or derivatives, is granted or implied as a result of our transmission of these materials to you.

These materials are to be used with caution and prudence in any experimental work, since their characteristics are not entirely known.

If you agree to accept these materials under the above conditions, please sign the enclosed duplicate of this letter and return it to me/us. The materials requested will be sent to you upon our receipt of the signed duplicate letter.

Sincerely,
 

______________________________________________________________ 

Name & title of NORTH CENTRAL MICHIGAN COLLEGE Researcher(s)

___________________________________________________________

Signature of NORTH CENTRAL MICHIGAN COLLEGE Researcher(s)

________________

      (Date)
 

_________________________ 

Name & Title of Researcher(s)

_________________________

Signature of Researcher(s)

________________

      (Date)

_________________________

Immediate Administrative Supervisor

_________________________

Immediate Administrative Supervisor

I/we accept all the conditions and stipulations noted above.

_____________________________ _____________________________ ____________

Name & Title of Requestor(s)                         Signature of Requestor(s)       Date

205.3

ATTACHMENT 3

Acknowledgment of North Central Michigan College Ownership

As stated in the attached College (NORTH CENTRAL MICHIGAN COLLEGE) Intellectual Property Disclosure Form No. __________ (Attachment 1), I/we, the undersigned, as the creator(s) of the creation described as _______________________________________________ do hereby acknowledge NORTH CENTRAL MICHIGAN COLLEGE’s ownership of, and hereby assign to NORTH CENTRAL MICHIGAN COLLEGE, all rights, titles and interests in and to the creation, including any and all copyrights, patents, reissues and extensions thereof. NORTH CENTRAL MICHIGAN COLLEGE also is the owner of all rights, titles and interest in the creation even if such creation is not patentable.

I/we agree that, in accordance with the NORTH CENTRAL MICHIGAN COLLEGE Intellectual Property Policy, I/we will execute all necessary assignments as requested by NORTH CENTRAL MICHIGAN COLLEGE, its successors and assigns, in order to facilitate the filing of patent applications and/or copyright registrations. I/we will render any reasonable assistance that is requested to aid in the preparation of such applications.

Prior to the execution of this Acknowledgment, we have not granted the right or license to make, use, or sell said creation to anyone except NORTH CENTRAL MICHIGAN COLLEGE, nor have we otherwise encumbered our rights, titles, or interests in said creation. We will not execute any instrument in conflict with this Acknowledgment.

All royalties, rents, payments, or cash receipts from the sale, assignment, transfer, licensing or use of the creation shall be the property of NORTH CENTRAL MICHIGAN COLLEGE and distributed according to provisions of the Intellectual Property Policy current at the time of signature. Any share of revenues to be paid to the creator(s) shall be distributed as follows (percentages must total 100% of the creator/s royalty shares). If all creators will share equally, so indicate by listing "equal" as the percentage. DO NOT LEAVE BLANK.

IN WITNESS WHEREOF, we have hereby affixed our signatures:

Date                Creator(s)                                Signatures                   Percentage

______ ________________________ ______________________ _______________

______ ________________________ ______________________ _______________

______ ________________________ ______________________ _______________

Total = 100%

Royalties for College-Owned Disclosures

Below is the approved cost share for property that generates royalty revenues, indirect costs, and direct expenses with one creator. NORTH CENTRAL MICHIGAN COLLEGE’s Intellectual Property Policy, Article VII.B., sets royalty sharing among creators and NORTH CENTRAL MICHIGAN COLLEGE as follows: 40% to the Creator(s), 25% to the General Fund, 10% to Foundation, and 25% to the College/Department or equivalent administrative unit of the Creator(s).

Invention #: U.S. Dollar Amount

Royalty Revenue for fiscal year _______: ____________

Minus other authorized costs (see Sect. VII.A) ____________

Balance to be distributed ____________

Creator(s) -- 40% ____________

General Fund -- 25% ____________

Foundation -- 10% ____________

College / Department or

equivalent administrative unit -- 25% ____________

* * * * *

(Original assembler, “author”:  Eric M. Grandstaff, NCMC LAT)

ITV/VIDEOCONFERENCING ROOM POLICIES ON

CLASS CANCELLATION, COLLEGE BREAK, AND PENALTIES - 206

College Holidays and Spring Breaks

In general, when the College is closed for a holiday, its ITV facilities are closed.  North Central’s ITV facilities remain open and available for use during its spring break.

Inclement Weather at University Site

If the university’s campus is closed or classes canceled at the university preventing the transmission of an ITV class; OR, the instructor does not hold an ITV class, it is the responsibility of the university to notify its students of the cancellation, as North Central Michigan College does not maintain a class list/roster.  North Central Michigan College will post the closing on the ITV classroom door, indicating the university’s cancellation.

Inclement Weather on North Central Michigan College Campus

If North Central’s campus is closed due to weather: ITV classes WILL be canceled.  North Central’s Distance Education Services will notify you as soon as WE have received a closing notice from the College’s administration.  It is the responsibility of the university to notify its students of the cancellation, as North Central Michigan College does not maintain a class list/roster.  North Central Michigan College will not bill for ITV services in the event of inclement weather.

Cancellation of a Semester Class

North Central Michigan College welcomes university partners, who through Interactive Television (ITV) provide four-year and Master’s level programs through the facilities of North Central Michigan College. 

The penalties for late cancellation of an ITV class are as follows:

• If an ITV course using NCMC ITV facilities and scheduled by agreement by a College or university with North Central Michigan College is canceled within 120 days of the start of the university’s semester, there shall be no penalty imposed.
• If an ITV course using NCMC ITV facilities and scheduled by agreement by a college or university with North Central Michigan College is canceled within 60-90 days of the start of the university’s semester, there shall be a penalty of 60% of the cost of room use and costs of student technical support.
• If an ITV course using NCMC ITV facilities and scheduled by agreement by a college or university with North Central Michigan College is canceled within 30 days of the start of the university’s semester, there shall be a penalty of 90% of the cost of room use and costs of student technical support.

LEARNING SUPPORT SERVICES ACCEPTABLE USE POLICY - 207

Learning Support Services (LSS) is a free lab and study center for students at North Central Michigan College as well as local community members.  The use of the LSS lab is a privilege and not a right.  Users of this lab must follow certain guidelines and regulations for its use or they will no longer retain the right to use LSS.  By using any LSS equipment, the user is agreeing to abide by the LSS acceptable use policy.

Policy Statement:

LSS's acceptable use policy covers all computers and equipment in the LSS labs or classroom, including servers used in this space.

Students enrolled in courses at North Central Michigan College may use the lab after filling out and submitting an application for use each semester.  Community members may use LSS only when no students are waiting to use equipment in the lab.  All users must sign in and sign out of the lab when using LSS resources.

NCMC personnel reserve the right to determine which specific practices are considered acceptable and which are not and to modify the LSS acceptable use policy.

Acceptable Uses:

Computers and equipment at LSS are designated primarily for educational purposes.  This includes work that must be done to fulfill requirements for a course being taken at NCMC or at one of its university partners.  All other uses (Internet browsing for entertainment, personal email, non‑College related research or use) are secondary to educational uses.  Furthermore, NCMC/University Center student use takes precedence over any and all use by community members.  Community members will be asked to give up equipment they are using if a student is waiting to use that equipment.

Unacceptable Uses:

Users may not use LSS equipment, networks, or services to engage in activity that violates local, state, federal, or international law or that is intended to obscure illegal activity.

Users may not change the hardware or software configuration of LSS equipment.

Game playing that compromises the integrity or the load of the network is prohibited.  Other emerging recreational games that inhibit legitimate educational and research use by other users will be prohibited at the discretion of NCMC staff.

Users may not view offensive information in the LSS lab, including, but not limited to: pornographic images, images of a sexual nature, images involving sexual activity, hate sites, or any website that promotes violence or illegal activities.  Users may not submit or distribute materials that are considered illegal to possess, or the distribution of which would violate the legitimate rights of its owner and licensee, or which are not considered consistent with accepted community standards.

Users may not use the LSS lab in a manner that intentionally or negligently disrupts normal network use and service. Such disruption includes, but is not limited to: intentional or negligent propagation of computer viruses, sending offensive messages, knowingly causing a system crash, violating the personal privacy of another, and the unauthorized access to protected and/or private network resources. NCMC personnel will be the sole determiners of what is considered unacceptable.

Users may not violate the legal protection provided by copyrights, licenses, or other legal means.  They may not make copies of any licensed or copyrighted computer program found on any LSS computer.  They may not share with others messages, information, or data that is private, licensed, proprietary, or covered by non‑disclosure agreements.

Users may not engage in any activity that might compromise the confidentiality of electronic mail or other information not intended for general consumption.

Users may not operate businesses or other money‑making ventures from the LSS lab or using LSS equipment or resources.

Users will follow any guidelines not listed here that are established by LSS staff.  In addition, all users will treat lab staff with respect and agree to leave promptly when the lab has closed.

Violations/Sanctions:

Users who violate the acceptable use policy will face expulsion from the lab.  For minor violations, a verbal and then written warning will be issued before expulsion. For major violations, the user will be denied any LSS lab privileges immediately. NCMC personnel are the sole determiners of minor and major violations of the acceptable use policy.

Questions or comments regarding this policy should be directed to:

Director of Learning Support Services

North Central Michigan College

Approved 1/02

LIBRARY ACCESS POLICY - 208

It shall be the policy of the North Central Michigan College (NCMC) Board of Trustees that the Library supports the mission of North Central Michigan College by providing students, faculty members, staff, and community members access to content, services, and spaces.  Library content is chosen to support the College community’s educational programs and course objectives through the selection and retention of timely, relevant, appropriate, and accessible resources. 

Administration will be responsible for implementing this policy in conjunction with Library faculty and staff. 

Revised 10/23

LIBRARY CONDUCT POLICY - 209

Policy 209 was removed effective October 2023.

TRAVEL POLICY - 210

It is the policy of North Central Michigan College to permit travel for educational purposes for faculty, staff, and students.  Students must have a signed “Accident Waiver and Release of Liability” form on file prior to each trip.

COPYRIGHT POLICY - 211

Employees and students of North Central Michigan College must comply with all Federal Copyright laws.

Approved 12/03

CREDIT FOR PRIOR LEARNING POLICY - 212

This North Central Michigan College (NCMC) Board of Trustees policy shall provide opportunities for students to transfer knowledge and skills acquired in an occupational environment, through life experience, or other educational endeavors into college credit. 

In addition, NCMC will recognize up to 45 credits for Advanced Placement (AP) and/or College-Level Examination Program (CLEP), provided scores on the AP are three or higher and CLEP scores are 50 or above.

Military training credit may be awarded where such credit is applicable to the student’s declared program of study.  Evaluations are consistent with the American Council on Education Guide to the Evaluation of Education Experiences in the Armed Forces recommendations.  NCMC will allow up to 45 semester credits from military service schools.

No more than 45 semester credits from all external sources will be utilized in transfer by NCMC toward a degree or certificate.  At least 15 semester credit hours must be taken from NCMC (8 credit hours for a certificate of development) before a certificate or degree may be earned.

Instructional administrators shall be responsible for determining the credit awarded for demonstrated competency and/or proficiency through instructor-developed examination, national/state/third-party examination or credential, or other appropriate means.

The NCMC Board of Trustees, from time to time, will adjust the charge per contact hour as necessary.

Approved 2/15
Revised 11/21

ENROLLMENT OF UNDOCUMENTED ALIENS - 300.1

North Central Michigan College does not admit undocumented or illegal aliens.

Approved 9/08

RECORD SUSPENSION (HOLD) POLICY - 301

North Central Michigan College may place a "hold" on a student's record for a variety of reasons.  A "hold" indicates that records cannot be released or a registration cannot be processed.  Reasons for a "hold" include:

Financial

A "hold" may be placed at the request of the NCMC Business Office against the enrollment of a student or the release of official transcripts when he/she has failed to discharge his/her financial obligations to the College.

Disciplinary

A "hold" may be placed at the request of the Vice President of Student Affairs against the enrollment of students who have been suspended or expelled for disciplinary reasons.

Library Books

A "hold" may be placed by the library against the enrollment of a student who has failed to return a library resource or who has failed to pay fines or charges owed to the library.

Medical

A "hold" may be placed at the request of the Vice President of Student Affairs against the enrollment of students who have left the College because of psychological or medical problems, pending demonstration to the satisfaction of the College that such problems have been resolved.

Academic

A "hold" may be placed at the request of the Vice President of Student Affairs against the enrollment of a student for failure to maintain the standards outlined in the academic standards policy, detailed in the Student Handbook.

REPEATING COURSES FOR IMPROVEMENT OF GRADE - 302

Students may repeat courses, when available, at their own discretion in an effort to improve grades.  In such cases, no additional credit will be allowed.  The last grade earned will be the student's official grade for the course.  Courses may be taken no more than three times.  Please note: The College is under no obligation to schedule and/or continue discontinued courses to make them available.  Final grades and academic dishonesty penalties may be appealed according to that procedure described in the Student Handbook, available from the Student Services Office.

Revised 8/18

SOLICITATION POLICY - 303

Canvassing or soliciting for funds, sales or subscriptions is allowed on the College campus and in College buildings with written permission from the Vice President of Student Affairs.  Any persons engaging in such an activity must also agree to follow the College’s procedures.

The sale of merchandise of any kind whatsoever, or publications or services upon College property, other than by the regularly authorized stores, restaurants, departments or divisions of the College is prohibited except upon written permission of the Vice President of Student Affairs.

Any persons violating this rule shall be subject, upon proper notice, to eviction from College property or arrest.

Revised 6/17

STUDENT CONDUCT POLICY - 304

North Central Michigan College observes procedural and substantive due process in disciplinary actions.  This includes equality of enforcement, clear notification of charges, opportunity to be heard, and right of appeal.  The College reserves the right to enforce the withdrawal, dismissal or suspension of students who do not maintain satisfactory standards of conduct and/or scholarship as determined by the College.

A complete description of North Central Michigan College’s procedural due process, disciplinary actions, forms of misconduct, and consequences appear in the North Central Student Handbook published annually and made available to students throughout the year.  Copies are available from the Student Services Office.

STUDENT NAME CHANGE POLICY - 305

Students requesting name changes are required to submit to Student Services a copy of the legal document authorizing such change (marriage license, divorce decree, court order, etc.).  A current driver’s license reflecting the change may also be accepted.  Questions regarding this policy or possible exceptions to it should be directed to the Vice President of Student Affairs.

NORTH CENTRAL MICHIGAN COLLEGE POLICY ON STUDENT ORGANIZATIONS - 306

 Specific Policies

1. To be recognized as an approved campus group, an organization must file with the Secretary of the Student Senate and the Vice President of Student Affairs a request for College recognition which must include:
   a.  The name of the club or organization
   b.  A statement of purpose
   c.  Criteria for membership
   d.  The rules of procedure
   e.  A current list of officers
   f.  The name of the faculty advisor

This request will be considered by the Student Senate, which will forward its recommendations to the Vice President of Student Affairs for administrative approval.  When approval has been given by the Vice President of Student Affairs, the Student Senate Secretary will inform both the Senate and the organization of its recognized status.  Student Senate is responsible for making an announcement to the student body when a new student organization has been established.  No privileges will be granted to an organization until it has been approved and officially recognized by both the Senate and the Vice President of Student Affairs.

2. The policies and actions of the student organization should be determined by a vote of only those persons who are registered students or faculty members.
    
3. Organizations which adhere to the general principles and specific policies of this statement may have access to the College facilities, equipment, and activity funds by following the normal procedure.

This policy will become effective February 6, 1978.

Approved 1/78
Revised 8/18

STUDENT RECORDS AND INFORMATION - 307

Pursuant to the Family Educational Rights and Privacy Act of 1974, students at North Central Michigan College are entitled to review records, files, documents, and other materials containing information directly related to them which are maintained by the College.  In accordance with regulations issued by the Secretary of Health, Education and Welfare, students may request a hearing to challenge the content of educational records to insure that the records are not inaccurate, misleading, or otherwise in violation of their rights.  A student may insert in his or her records a written explanation in regard to the contents of such records if suggested corrections or deletions are not made by the College.

Access and review are subject to the following conditions:

1. The College has 45 days to comply with a student's written request to review his or her records.
2. All information declared confidential by the Act or excluded from the definition of "educational records" in the Act is not available for inspection; and
3. After reviewing records, a student may request the unit maintaining the record to remove or modify information the student believes is misleading, inaccurate, or inappropriate.  If the request is refused, the student may insert in the records a written explanation in regard to the contents objected to or the student may file an appeal with the office in charge of the records. This appeal will be heard by a person or committee appointed by the administrator of the office involved.

The Act further states that certain information can be constructed to be directory information which is available to the public. These are the items the College declares to be directory information available to the public: name, primary field of study, dates of attendance, and whether or not the student is currently enrolled.  A student has the right to inform the College that any or all of the above information should not be released without his/her prior consent.  Students who wish to restrict the release of this information must complete a written request to that effect at the Student Services Office.  Any information other than the items listed previously will not be released by the College without the student's specific written permission except as provided by law.

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STUDENT CODE OF CONDUCT - 308

The purpose of the Student Code of Conduct at North Central Michigan College (NCMC) is to foster a positive and safe learning environment for the College by articulating conduct prohibited by the College. This serves as a guiding framework that articulates the expectations and standards essential for creating an environment conducive to learning, personal growth, and mutual respect among all members of our academic community. This document reflects our commitment to promoting ethical behavior, fostering a culture of diversity and inclusion, and ensuring the well-being and success of every student. 

The Student Code of Conduct applies to individuals from the time that an offer of admission is extended and thereafter if the individual has a continuing educational interest in the college; this individual is referred to as “student.”  It also applies to guests of members of the College community whose hosts may be held accountable for the misconduct of their guests. This code may also be applied to high school partner programs including, but not limited to dual enrollment and Early College. 

Students are responsible for obeying municipal, state, and federal laws which govern the community, as well as the rules and regulations of the College. If a student participates individually or as a member of a group in any violation of Code of Conduct (listed below), they can be subject to disciplinary action. Further, sanctions may be imposed upon student groups or organizations, including the sanction of deactivation which entails the loss of all the privileges and/or College recognition for a specified period. The Student Conduct Standards also apply to off-campus activities, such as field trips, off-campus classes, and College-sponsored events. On a case-by-case basis, the Vice President of Student Affairs or other appropriate Vice Presidents will determine if a campus hearing is necessary. A campus hearing is a formal process to determine whether a student has violated any rules, regulations, or codes of conduct. The purpose is to ensure a fair and just resolution while upholding the rights of both the accused student and the campus community. 

Enrollment carries with its obligations relative to conduct both within and outside the classroom. If a student is accused of less than acceptable behavior, College procedures provide for due process to ensure that the student receives fair and equitable treatment.

Violations of the Code of Conduct:

1. Academic Dishonesty – Conduct, cheating or plagiarism or other forms of academic dishonesty including acquisition without permission of tests or other academic materials. Included are those students who aid and abet, as well as those who attempt such behavior. Plagiarism includes, but is not limited to, the use whether by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear attribution. 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. Incidents of academic dishonesty shall be dealt with according to the Academic Dishonesty Procedure found in the Student Handbook.

2. Alcohol and Drug – the unauthorized use, possession, sale, manufacture or distribution of illegal drugs, controlled substances, look-a-like drugs, narcotics, drug paraphernalia, alcoholic beverages, or being under the influence of the same while on NCMC premises, at NCMC sponsored activities, engaged in coursework, or conducting any college-related business. Federal/State laws related to underage drinking/drug laws will be enforced with the assistance of appropriate authorities. 

3. Animals – Animals are prohibited in NCMC facilities, except for specially trained therapy dogs and working service dogs for persons with a disability. Such specially trained dogs must always be under the control of the handler. If it is not apparent the animal is trained to help, College staff may ask whether the animal is required because of a disability and what work or task the animal has been trained to perform. Please refer to Pets on Campus board policy #413.

4. Bullying – Bullying is strictly prohibited here at NCMC. This is defined as any unwanted, aggressive behavior intended to intimidate, harm, or coerce another individual. This includes but is not limited to repeated unwanted verbal, physical, or written acts which are hostile or offensive, as well as cyberbullying through electronic communication, targeted at an individual or group and creates an intimidating and/or threatening environment producing a risk of psychological and/or physical harm. Offensive behaviors may include, but are not limited to, inappropriate behaviors such as abusive language, derogatory remarks, insults, or epithets. Other offensive behaviors may include the use of condescending, humiliating, or vulgar language, swearing, shouting or use of unsuitable language, use of obscene gestures, or mocking. 

5. Children and Dependent Adults on Campus – Any person who brings with them a minor child or dependent adult to any NCMC facility or property is responsible for the actions of the minor child or dependent adult. Minor children and dependent adults are not to be left unattended (including inside automobiles). These children and dependent adults are not to attend class unless the attendance is required as part of the student’s responsibility in completing a course assignment. 

6. Computer Misuse – Violations of the NCMC Information Technology Resources Use Policy (Board Policy #420) of the College computer system, facilities, hardware, software, and all computerized information is prohibited in the following circumstance, including but not to be limited to:

• Unauthorized entry into a file, whether to use, read, change or for any other purpose.
• Unauthorized transfer of a file, including peer-to-peer file sharing.
• Unauthorized use of another individual’s identification and password.
• Use of computing facilities to interfere with the work of another student, faculty member or College official.
• Use of computing facilities to send obscene or abusive messages.
• Use of computing facilities to interfere with normal operation of the College’s computing system.
• Use of computing facilities in a manner which violates state or federal copyright laws, e.g., unauthorized duplication of copyrighted or licensed software.

7. Discrimination – 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, sex (sex or gender, affiliation, expression or orientation), political affiliation, veteran status, or any other characteristic covered by law.

8. Dishonesty – Misrepresentation of facts or intentionally furnishing false information to the College or a College officer whether verbally, in writing or by completing required forms; making a false statement which materially interferes with college processes or procedures. If a student is seeking a degree at North Central and fails to disclose that he/she has attended other academic institutions prior to his/her enrollment at North Central, he/she is violating the Student Code of Conduct standards and is jeopardizing his/her continued enrollment at North Central.

9. Disorderly Conduct – disorderly, lewd, indecent, or obscene conduct or expressions.

10. Disrupting Normal College Operations – 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. Refer to Policy 402 Freedom of Assembly Policy which promote free exchange of ideas and safe and efficient operation of the College. 

11. Disruptive Behavior – Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other College activities or functions, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on college premises.

12. Failure to Comply with College or Civil Authority – of college officials or designated agents acting in the performance of their duty.

13. Failure to Pay – Failure to pay fines, fees, or other debt to the college.

14. Failure to Return College Property – Failure to return college property loaned to the student.

15. Failure to Follow Emergency Procedures – Including fire alarms or lock downs. Students are required to evacuate any building when a fire alarm is sounded and to follow emergency procedures as instructed by college officials.

16. Forgery – Alteration or misuse of college documents, records, or identification, or forging a college staff person’s name or initials.

17. Fraud – 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.

18. Gambling – Encouraging, promoting, or participating in unauthorized gambling of any kind is not permitted on the campus or at college sponsored events.

19. Harassment – Repeated, malicious mistreatment, verbal abuse or conduct that is threating, intimidating, humiliating, insulting, isolating, or undermining another’s reputation through verbal or non-verbal communications. Any verbal or physical conduct that shows hostility, intimidation, threat, or aversion toward another individual.

20. Hazing – 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. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.

21. Obstruction/Abuse of Student Code of Conduct Process – 1) Failure to comply with the Student code of Conduct process; 2) Falsification, distortion, or misrepresentation of information; 3) Disruption or interference with the orderly process of a discipline hearings; 4) Attempting to influence, intimidate, or discourage an individual’s participation throughout the conduct process directly or indirectly; and/or 5) Attempting to influence the impartiality of an Appeal Board committee member.

22. Retaliation – Any intentional adverse action against any individual who makes an allegation, files a report, serves as a witness, assists a complainant or respondent, or participates in any college investigation or proceeding.

23. Sexual Misconduct including, but not limited to, the following:

• Sexual Assault - any form of unwanted sexual contact obtained without consent and/or obtained using force, threat of force, intimidation, or coercion.
• Domestic violence - a felony or misdemeanor crime of violence committed by - a current or former spouse or intimate partner of the complaining student;  a person with whom the complaining student shares a child in common; a person who is cohabitating with or has cohabitated with the complaining student as a spouse or intimate partner; a person similarly situated to a spouse of the complaining student under the domestic or family violence laws of the jurisdiction receiving grant monies (under VAWA), or any other person against an adult or youth complaining student who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
• Dating violence - violence committed by a person who is or has been in social relationship of a romantic or intimate nature with the complaining student; and where the existence of such a relationship shall be determined based on a consideration of the following factors:  length of the relationship; type of the relationship; and the frequency of interaction between the persons involved in the relationship.
• Stalking or Cyberstalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.
  Any form of harassment toward an individual or group of individuals. NOTE:  The Elliott-Larsen Civil Rights Act defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature” when such “conduct or communication has the purpose or effect of substantially interfering with an individual’s education or creating an intimidating, hostile or offensive educational environment.”
• Non-Consent - sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity. Consent must be clear and unambiguous for each participant at every stage of a sexual encounter. The absence of “no” should not be understood to mean that there is consent. A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, is not capable of giving valid consent. The use of alcohol or drugs may seriously interfere with the participants’ judgment about whether consent has been sought and given. Consent must meet all the following standards:
  • Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of not consenting.
  • Coercion. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that s/he does not want to engage in the behavior.
  • Provided Knowingly. Legally valid consent to sexual activity cannot be given by:
    • A person under the legal age to consent (16 years old in Michigan,), or
    • An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated.
    • An incapacitated person is someone who cannot make rational, reasonable decisions because s/he lacks the capacity to understand the “who, what, when, where why and how” of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.
• Specific Activity. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the reasonability of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.

24. Sexual Harassment, Sexual Misconduct, and Retaliation – Violation(s) of the Title IX-Sexual Harassment, Sexual Misconduct, Retaliation policy (Board Policy #415).

25. Soliciting – Soliciting in campus buildings or on campus grounds is prohibited. Exceptions are made for ticket sales for campus functions only when approved by the Vice President of Student Affairs. Students are not allowed to use their residence hall rooms for any commercial purpose.

26. Tampering with Fire Fighting Equipment and Fire Drills – Pulling false fire alarms, tampering with, or misusing fire alarm systems, interfering with firefighters, and tampering with or removing fire-fighting equipment are prohibited. All persons are expected to follow posted building evacuation procedures in the event of fires or fire drills.

27. Theft of, or damage to - Property of the College or a member of the College community or campus visitor, on or off campus.

28. Unauthorized Presence/Use of College Facilities – Unauthorized entry into, presence in, or use of college facilities or equipment which has not been reserved or accessed through appropriate College officials. Possession, duplication, or the use of keys to any college premises.

29. Unauthorized Use of College Property – Unauthorized use of the name, logos, or publication of the College or a College-related agency.

30. Use of Smoking and Tobacco Products – NCMC prohibits the use of tobacco in any form and the use of electronic smoking devices in all public places, places of employment, and places of recreation, at all its campus locations. Violations of the Tobacco-Free Board Policy #416.

31. Vandalism – Attempted or actual damage to or destruction of NCMC property, the property of a member of the NCMC community, or the property of an authorized campus visitor. This includes actions that have the potential for such damage or destruction and conduct which threatens to damage or creates hazardous conditions.

32. Violation of the Freedom of Assembly Policy- Any violation of college policy (#406) or federal, state or local law.

33. Violence – Participating in any form of violence, the threat of violence, or causing reasonable concern of such harm.

34. Voyeurism – Spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature. This includes the use of device to capture, audio, video or digital record or photograph of any person which on college premises or College events where there is a reasonable expectation of privacy (i.e., restrooms, locker rooms, etc.) without the person’s prior knowledge, when such a recording is likely to cause injury, distress or damage to reputation.  The storing, sharing and/or distribution of such unauthorized records by any means is also prohibited.

35. Weapons – the unauthorized possession or use of firearms, or weapons of any other kind is prohibited on campus. The use or display of any object or instrument in a dangerous or threatening manner directed towards others, including but not limited to firearms, explosives, knives, or fireworks.

Approved 2/07
Revised 9/18
Revised 3/24

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WITHDRAWAL POLICY - 309

Students may withdraw from a class two weeks prior to the end of the fall and winter semesters and through the sixth week for the summer semester.

A grade of “W” is assigned on the student’s transcript for these courses.  Students who stop attending classes but do not officially withdraw receive the grade of “E” at the end of the semester.

Revised 4/17

MULTIPLE CREDENTIALS - 310

North Central Michigan College will award only the highest credential within a given academic discipline for which a student is eligible in a given semester.

Approved 1/09

FINANCIAL AID SATISFACTORY ACADEMIC PROGRESS - 311

In order to receive financial aid, students must meet individual financial aid program requirements and make satisfactory progress toward completing a degree or certificate.  North Central Michigan College's Satisfactory Academic Progress Policy applies to all students who receive financial aid from any financial aid program administered by the college, unless exempt by the program.  Federal regulations require that colleges review all enrollment periods and credit hours taken whether or not Title IV financial aid was received.

Satisfactory Academic Progress is monitored at the completion of each period of enrollment. This includes the fall semester, winter semester, and summer term.

As of June 22, 2021, this Satisfactory Academic Progress Policy supersedes any previous policies.

Revised 2/22

NON-EMERGENCY TEXT MESSAGING POLICY - 312

Text messaging is an additional method of communication that North Central Michigan College uses to supplement communication with the campus community.  This policy is intended for every day, non-emergency use.  Text messaging may be used by authorized College employees during the normal workday to relay information about admissions, academic requirements or deadlines, registration information, financial aid, and other matters that are time sensitive and necessary for student success. 

Approved 2/18   
Revised 11/21

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RETURN OF TITLE IV FUNDS - 313

(Withdrawals for Students with Financial Aid)

If a student totally withdraws from school, “officially” or “unofficially,” before the term is completed and is the recipient of Title IV funding, the Financial Aid Office is required to calculate both the earned and unearned aid for the semester.  Title IV funding includes financial aid in the form of Pell Grants, Direct Subsidized and Unsubsidized Loans, Parent PLUS Loans and Federal Supplemental Educational Opportunity Grants (FSEOG).  If the student received more assistance than they “earned” by only attending a portion of the semester, the excess funds must be returned by North Central and/or the student to the U.S. Department of Education.

The federal return calculation requires a return of Title IV financial aid be completed if the student received any Title IV financial aid and the student withdrew before completing 60% of the semester.  To calculate the amount of aid the student has earned up to the date of withdrawal for official withdrawals or the last date of attendance for unofficial withdrawals, divide the number of calendar days the student attended classes by the number of calendar days in the semester/term (scheduled breaks of 5 days or longer are excluded).  The resulting percentage is then multiplied by the total Title IV funds that were awarded and disbursed or that could have been disbursed to the student.  This is the earned amount of Title IV aid that the student can keep.  The unearned amount must be returned to the U.S. Department of Education by the College and/or the student.

Unearned Title IV aid must be returned in the following order:        Unsubsidized Direct Loans

                                                                                                                     Subsidized Direct Loans

                                                                                                                     Parent PLUS Loans

                                                                                                                     Pell Grants

                                                                                                                     FSEOG Grants

                                                                                                                     Other Title IV Aid

As required by the U.S. Department of Education regulation, all required Return of Title IV calculations are processed within 30 days of the date stamped on the student’s record for students who officially withdrew using the drop function in the Student’s Portal or the date of the student’s notification, whichever is later.  For students who unofficially withdraw, Return of Title IV calculations are also processed no later than 30 days after the end of the period of enrollment for students who unofficially withdrew by using the date given by the instructor as the last date of attendance.  The College is required to return the unearned portion of the student’s Title IV aid to the U.S. Department of Education within 45 days of the date the College determined was the official drop date on the student’s record or date of student’s notification to withdraw for official withdrawals and for unofficial withdrawals using the date instructor listed as last date of attendance.

If a student did not initially receive all of the funds they earned, the student may be due a post-withdrawal disbursement.  If a student’s post-withdrawal disbursement includes Pell and FSEOG Grants, the funds will be transferred into the student’s College account to pay outstanding charges.  If the post-withdrawal disbursement includes loan funds, the College has 30 days from the withdrawal date to obtain the student’s written permission and/or parent’s written permission in the case of a Parent PLUS Loan prior to transferring into the student’s College account.  The student may choose to decline the loan funds so as not to incur additional debt.

Once the determination of earned and unearned aid has been made, withdrawn students will be notified via U.S. Postal Mail or student email of their eligibility for funds and the amount to be returned.

Approved 5/18

MILITARY/VETERANS  - 314 

The following policies apply to North Central Michigan College students who are veterans or active duty military members.

• IN-STATE RESIDENCY FOR MILITARY VETERANS: 

Any individual using educational assistance under either Chapter 30 (Montgomery GI Bill^® -Active Duty Program), Chapter 33 (Post-9/11 GI Bill^®), Chapter 35 (VA Survivors’ and Dependents’ Educational Assistance)  of title 38, United States Code, and/or the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311(b)(9) who lives in the State of Michigan while attending North Central Michigan College (regardless of his/her formal state of residence) will be charged in-state tuition.

Approved 4/15
Revised 2/17/22

• STUDENT CALLED TO ACTIVE MILITARY DUTY DURING SEMESTER: 

Students called to active military duty during a semester may elect to partially or fully withdraw from the semester.  All tuition and fee charges will be removed on the withdrawn courses regardless of the time spent in class.  If the student’s tuition bill has already been paid by the student without any financial aid assistance, a refund will be given.

In the event the student’s tuition bill has been paid by other sources (Federal Financial Aid; Military Assistance-TA Funds; Scholarships), all funds will be returned to the source.

       Approved 9/16
       Revised 8/17

• READMISSION POLICY FOR SERVICE MEMBERS:

North Central Michigan College will promptly readmit a service member called or ordered to duty for more than 30 consecutive days.  The student must notify the College’s Academic/Veteran Advisor of such service with as much advance notice as possible with the understanding that no notice is required if precluded by military necessity, such as service in operations that are classified or would be compromised by such notice.

The College will readmit the student with the same academic status, which means:

• To the same program to which the student was last admitted, or, if that exact program is no longer offered, the program that is most similar to that program, unless the student chooses a different program;

• At the same enrollment status, unless the student wants to enroll at a different enrollment status;

• With the same number of credit hours previously completed, unless the student is readmitted to a different program to which the completed credit hours are not transferable;

• With the same academic standing (ex. with the same satisfactory academic progress status) the student previously had

If the College determines that the student is not prepared to resume the program with the same academic status at the point where s/he left off or will not be able to complete the program, the College will make reasonable efforts at no extra cost to help the student become prepared or to enable her/him to complete the program.  This will include providing refresher courses and allowing the student to retake a pretest at no extra cost.  The College will not be required to readmit the student if it determines that there are no reasonable efforts to be taken to prepare the student or if after making reasonable efforts the student is not prepared to resume or complete the program.

A student’s readmission rights terminate in the case of a dishonorable or bad conduct discharge, general court-martial, federal or state prison sentence, or other reasons as described in 34 CFR 668.18(h).

       Approved 7/19

• VETERANS’ BENEFITS POLICY FOR TITLE 38 UNITED STATES CODE SECTION 3679€ SCHOOL COMPLIANCE:

North Central Michigan College will permit any individual who is entitled to education assistance under chapter 31, vocational Rehabilitation and Employment, chapter 33, Post 9/11 GI Bill®, or chapter 35, survivors’ and dependents’ educational assistance, benefits to attend or participate in the course of education during the period beginning on the date to which the individual provides to the college a certificate of eligibility for entitlement to education assistance under chapter 31, 33, or 35 and ending on the earlier of the following dates:

1. 1. The date on which payment from VA is made to the College
   2. 90 days after the date the College certified tuition and fees following the receipt of the certificate of eligibility

North Central Michigan College will not impose any penalty, including the assessment of late fees, the denial of access to classes, libraries, or other College facilities, or the requirement that a covered individual borrow additional funds, on any covered individual because of the individual’s inability to meet his or her financial obligations to the college due to the delayed disbursement funding from VA under chapter 31, 33, or 35.

Approved 8/19
Revised 2/17/22

ACADEMIC FORGIVENESS - 315

A maximum of 12 semester hours of failing grades for classes not required in a student’s academic program, may be requested to be removed from the computation of student’s semester and cumulative GPA through Academic Forgiveness.   Original grades remain on the transcript, but a notation is made that “E” final grades are not included in the calculation of term and cumulative GPA.

The following requirements apply:

1. Student must be currently enrolled.
2. Student must have stepped away for a period of 3 years or more after the courses being requested for academic forgiveness were taken at the institution.
3. Upon return the student must complete a minimum of 12 semester hours with a cumulative GPA of 2.0 or higher to be considered for academic forgiveness.
4. Courses considered under academic forgiveness cannot be required in a student’s academic program.
5. All academic forgiveness requests are reviewed in committee and the student is notified of the determination by email.  All decisions are final and cannot be resubmitted.
6. Original grades remain on the transcript, but a notation is made that “E” final grades are not included in the calculation of term and cumulative GPA.
7. All forgiven courses will continue to be considered for Financial Aid eligibility.
8. Students receiving academic forgiveness are not eligible for honors at graduation.

Approved 1/20

POSTHUMOUS DEGREES - 316

North Central Michigan College recognizes the loss to the College, family and friends when a student is deceased while enrolled at the College. The award of a posthumous degree may be an appropriate recognition of a student’s academic achievement when the student’s progress would have likely fulfilled the requirements of a degree except for the occurrence of death. The Registrar of the College will oversee the procedure of awarding Posthumous Degrees.

Approved 1/24/2023

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