Policy Manual (B) - Overall Campus & Residence Halls
table of contents
Campus Security System - 422
Children on Campus - 401
Drug-Free School Policy - 402
Firearms Policy - 405
Freedom of Assembly - 406
NCMC Colors - 410
Parking Policy - 411
Pets on Campus - 413
Remote Work Policy - 425
Sexual Harassment - 415
Snow Policy - 417
Tobacco-Free Policy - 416
Van Policy - 418
Guest Policy - 502
Room Damages - 504
Room Entry Policy - 505
Rough Play - 506
Student Housing - 508
CAMPUS SECURITY POLICIES AND PROCEDURES
Pursuant to the Crime Awareness and Campus Security Act of 1990, North Central Michigan College adopts the following security policies and procedures:
North Central Michigan College is committed to providing a safe and secure environment to all students, employees and visitors while pursuing activities on campus, and also at College sponsored instructional activities at its off-campus locations.
Emergencies occurring on-campus or at any of the College’s off-campus locations should be immediately reported to 911. Reports of non-emergency criminal actions should be directed to the Vice President of Student Affairs at 231-348-6618. All such calls/reports will be thoroughly investigated by the Vice President of Student Affairs or his/her designated representative together with the appropriate law enforcement officials as necessary. Violation of North Central Michigan College regulations, policies or conduct standards by students or employees will be administered in accordance with the appropriate disciplinary procedures. Violation of city/local/state or federal ordinances and regulations by students, employees and others will be referred to the appropriate law enforcement authority for subsequent action. The Vice President of Student Affairs will maintain all records or reports of alleged offenses, associated investigations and related action taken. The College does not have procedures for voluntary, confidential reporting of crimes nor does it authorize its professional counselors to inform students to voluntarily and confidentially report crimes for inclusion in the Annual Security report. The Annual Security Report is prepared by the Vice President of Student Affairs with information from local law enforcement agencies and incident reports.
Reports of criminal actions or other emergencies occurring in connection with College sponsored instructional activities at its off-campus locations should be reported immediately to appropriate local police authorities by dialing 911. The College does not sponsor or recognize off-campus student organizations.
In the event that a situation arises, either on or off-campus, that, in the judgment of the College President, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be issued through multiple communication methods, including the college website, email and emergency notification system.
CAMPUS SECURITY COMMITTEE
The President appoints a Campus Security Committee to review NCMC's security issues and recommend security policy adjustment to the President as necessary. Minutes of each meeting will be prepared and distributed to the campus community.
CAMPUS LAW ENFORCEMENT
The College has not found it necessary, appropriate or cost effective to maintain a separate law enforcement division or security department at this time and relies upon the City of Petoskey Department of Public Safety and other local law enforcement agencies for law enforcement on the College campus and its off-campus locations. The College maintenance staff under the direction of the Physical Plant Director is usually on duty at times when little or no activity is taking place upon the campus as well as during normal business hours and is expected to act as the "front line" for campus security, reporting unusual activities to the Vice President of Student Affairs upon a staff incident report form, or, if necessary, calling 911. The maintenance staff is expected as a part of its duties to make inquiry of persons who frequent the campus but are not recognized as students, employees or other persons connected with the College and appear to have no particular reason to be on campus. The maintenance staff is not expected to make an incident report as a result of such inquiries unless the inquiries produce a reasonable suspicion of illegitimate activity. If an incident report form is transmitted to the Vice President of Student Affairs, actions will be taken in accordance with the procedures above set forth. The College maintenance staff shall be a reporting agency only and not attempt to exercise police powers other than remaining vigilant for unusual activities upon the campus and the making of reasonable inquiries as above set forth.
RESIDENCE HALL AND CAMPUS BUILDINGS SECURITY POLICIES
The Residence Hall is locked 24 hours per day, 7 days per week. Residents have access to the building via electronic key. Non-residents must show picture ID and must be escorted from the lobby by a resident. Any incidents of theft in the building must be reported upon discovery to the Director of Campus Housing.
Other campus buildings are locked and unlocked by the maintenance staff at such times as may be specified by the Physical Plant Director based upon College class and administrative work schedules. The City of Petoskey Department of Public Safety is the agency primarily relied upon by the College for the prevention and investigation of accidents, fire and crime. 911 should be contacted immediately in any emergency situation occurring outside of normal campus business hours or at any time that the Vice President of Student Affairs is not available.
CAMPUS ACCESS POLICY
- Authority: The College may prohibit, limit, or otherwise restrict access to, or use of its buildings, facilities or other property as may be necessary to provide for the orderly conduct of the College's educational and service programs and the safety and security of the campus property, students, employees, guests and other visitors.
- Denial or Restriction of Access to College Property: The College may restrict or deny any person's access to a building or portion thereof if the person engages (or threatens to engage) in conduct which:
- interferes with the orderly operation of College programs, buildings or other facilities.
- violates College rules or regulations pertaining to the use of facilities.
- creates reasonable apprehension of harm or injury to persons or property; and/or
- is proscribed by law.
The President, or any person designated by the President, may restrict or deny any person's access to the entire campus if the person engages in conduct outlined above.
- Public Areas:
- Certain College locations are considered public locations which are open to orderly unsupervised access by faculty, staff, students and visitors. Such locations include the following:
- Unsecured outdoor locations (i.e., driveways, sidewalks, parking lots, lawn areas and the campus Natural Area).
- Indoor hallways, entrances, reception areas, stairways, elevators and public restrooms during regular building hours.
- The library‑conference center, the student and community resource center and cafeteria areas during open hours.
- Locations utilized for outdoor recreation during open hours.
- Certain public locations such as the library‑conference center, the student and community resource center and the Natural Area are subject to specific conduct policies which are hereinafter set forth.
- No College building, facility or other property shall be used for overnight camping which is defined as follows: The use of College facilities for living accommodation purposes such as overnight sleeping (including the laying down of bedding for the purposes of sleeping) or making any fire for cooking, or using tents, motor vehicles or other structures for sleeping or cooking constitutes camping, when it reasonably appears, in light of all the circumstances, that the participant(s), in conducting these activities is/are, in fact, using the area as a living accommodation.
- Procedures: A College employee or designee restricting or denying access shall issue a trespass warning (orally or in writing) to the person, if possible. A trespass warning may be issued to students or non‑students and may apply to an individual's vehicle as well.
- A person or persons issuing a trespass warning shall: (1) identify themselves (2) advise the person being warned that he/she is on College property and that permission to be on College property is revoked and (3) inform him/her that if he/she does not leave immediately or if he/she returns, he/she will be arrested and prosecuted for criminal trespass. A copy of a written trespass warning shall be delivered to the office of the College President. An oral trespass warning shall be documented in writing and the writing shall be delivered to the office of the College President.
- A student denied access to campus or any portion thereof may appeal the decision to the Vice President of Student Affairs or his/her designee. A nonstudent denied access to campus or any portion thereof may appeal the decision to the President or the President's designee.
- Persons issued a trespass warning may petition to reinstate the right to return to campus upon a showing that: (1) they will abide by the law and College regulations, (2) they have a legitimate purpose for being on campus. Petitions shall be in writing and submitted to the office of the President.
CHILDREN ON CAMPUS
Children under age 12 not enrolled in a College activity must be under the direct supervision of a responsible adult any time they are on College property. Students are not to bring children to class unless the child’s attendance is required as part of the student’s responsibilities in completing a course assignment or the student receives prior permission from the instructor. The College assumes no responsibility for the safety of children left unattended on its property.
DRUG-FREE SCHOOL POLICY
- Any student, full‑time or part‑time, of North Central Michigan College who engages in the unlawful or unauthorized sale, possession, use or distribution of illicit drugs, hallucinogenics, controlled substances, or alcohol on College property or designated College property or as any part of the College's activities is in violation of school policy regarding standards of student conduct.
- Any such violation by a student as described above will result in disciplinary action up to and including immediate expulsion from the College and referral to appropriate authorities for prosecution.
- Local law enforcement agencies will be notified if state underage drinking laws are violated.
- All students are advised that conviction of illegal possession, misuse, sale, manufacture, distribution and related actions with respect to illicit drugs and alcohol under local, state and federal statutes can result in extensive fines, forfeiture of property, and imprisonment.
- Information regarding the health risks associated with the use of illicit drugs and the abuse of alcohol can be obtained from the Student Services Office.
- Students interested in seeking alcohol/substance abuse counseling should contact the Student Services Office for referral to one of several community agencies.
DRUG-FREE WORKPLACE POLICY
Any employee of North Central Michigan College who uses illicit drugs, hallucinogenics, controlled substances, or unauthorized alcohol (“substances”) during working hours or who attempts to work while under the influence of same, potentially endangers him/herself as well as other employees.
- Possession, manufacture, distribution, dispensation, use, consumption or being under the influence of such substances while on College property, including parking lots, is strictly prohibited.
- Possession, manufacture, distribution, dispensation, use or consumption of illegal drugs or legal drugs being used in an illegal manner is strictly prohibited.
- All employees are required to notify the College of any criminal drug statute conviction for a violation occurring on College property no later than five (5) days after such conviction.
Violation of this policy will lead to discipline up to and including immediate discharge.
Employees interested in seeking alcohol/substance abuse counseling should contact one of the following agencies:
North Country Community Mental Health Services Bay Area Substance Education Services
Harbor Hall Inc. 231-347-5511 North Country Community Mental Health Services
Northern Michigan Substance Abuse Services North Country Community Mental Health Services
North Country Community Mental Health Services
CAMPUS SAFETY AND SECURITY POLICY
North Central Michigan College shall and does maintain a comprehensive Emergency Procedures Guide for the safety and security of College employees, students, and visitors on the College’s Petoskey campus. The Guide currently encompasses the following and may be amended, as necessary: bomb threats, building evacuations, dangerous persons on campus, neighborhood intruders, hostages, fires, gas leaks, release of hazardous materials, lockdowns, medical emergencies, missing students, off-campus emergencies, serious injuries or death, sexual offenses, suicides, student unrest, weather and pandemic illness.
The Guide shall be reviewed, tested, and updated at least once each school year by the Campus Security Committee assisted by appropriate College employees and local public safety personnel. Employees shall be provided information about the Guide at the time of initial employment and at least once each year thereafter.
Currently updated copies of the Guide shall be made available to all College administrators and employees. Current copies shall, also, be supplied to Petoskey Public Safety and the Charlevoix-Cheboygan-Emmet Office of Emergency Management.
FIREARMS, EXPLOSIVES OR WEAPONS
North Central Michigan College prohibits the possession of weapons in and around premises owned or controlled by the college and at college-sponsored events in other locations. This policy is for the safety of its employees, students, customers and the general public.
Except as noted below, the college prohibits the possession of the following on any campus or during any campus demonstration or protest: any firearm, stiletto, dagger, dirk knife, any knife having a double-edged blade, a switch knife or any knife having an automatic spring release which has a blade over one and one-half inches, a sling shot, black jack, metallic knuckles or knuckles of any substance with a similar effect as metallic knuckles, pellet guns, BB guns, mace, and pepper spray. In addition to the weapons identified above, North Central Michigan College also prohibits all other weapons, including, but not limited to: open flames (unless otherwise approved by Environmental Health and Safety), ammunition, explosives, paintball guns, replica guns, electronic incapacitation or other stun weapons, and any other object (including an otherwise innocuous object) that the college determines could be used (or is being used) to harass or injure another individual or that the college reasonably determines has the effect of intimidating another individual.
This policy does not apply to active law enforcement officials who are carrying weapons in the course of their duties. It also does not apply to items and materials that are approved by the College for educational purposes. The possession of any weapon on college property in violation of this policy by a college student, faculty member, or staff member will result in disciplinary action, up to and including termination of employment or expulsion.
Nothing in this policy precludes law enforcement or the college from taking appropriate law-enforcement action, including criminal complaints and/or arrests or civil no-trespassing actions.
FREEDOM OF ASSEMBLY
North Central Michigan College is a public institution of higher education whose authority is derived from the Michigan Constitution of 1963 and whose property and resources are primarily dedicated to academic, administrative and related functions. As an institution that highly regards the freedom of speech, freedom of expression and right to peaceably assemble, North Central Michigan College affords groups and individuals an invitation to exercise such freedoms on its grounds. The purpose of this policy is to facilitate expressive activities while ensuring that such activities do not interfere with College operations and the learning environment.
For anyone lawfully present on the College’s campus, the outdoor common and indoor common areas are designated as venues for free expression, including spontaneous expression, speeches, demonstrations and the distribution of information. Anyone who wishes to engage in commercial solicitation is required to reserve time and space for such activities following the terms of the College’s Solicitation Policy.
For purposes of this policy, the term “expressive activity” includes such activities as:
• Meetings and other group activities;
• Speeches, performances, demonstrations, parades, marches, rallies, vigils and other events;
• Distributions of informational materials, such as circulars, newspapers, leaflets and pamphlets;
• Any other expression, including spontaneous expression, protected by the First Amendment to the U.S. Constitution.
While North Central Michigan College maintains its authority to regulate the time, place and manner of expressive activities, it shall not consider or regulate the content of speech or viewpoint of speakers in the application of this policy. When expressive activities occur, North Central Michigan College will work to ensure that such activities transpire without interference by the College, provided the learning environment is not disrupted and campus safety is not compromised by the activities. If persons react negatively to expressive activities occurring on the campus of North Central Michigan College, the College will take necessary steps to ensure campus safety while allowing the expressive activity to continue, unless the College’s operations are materially and substantially disrupted.
For purposes of this policy, the terms “outdoor common” and “indoor common” refer to such areas as:
• Lawns, sidewalks, benches and other outdoor areas that are not otherwise reserved for use;
• Student lounges and other indoor areas designated for social interactions that are not otherwise reserved for use.
Expressive activities, as defined by this policy, are allowed on North Central Michigan College’s campus during the periods that College facilities are open to the general public.
No expressive activity at North Central Michigan College shall be permitted to:
• Violate or infringe upon the rights of others;
• Falsely defame an individual;
• Constitute a genuine threat or harassment;
• Invade privacy or confidentiality interests;
• Block access to campus buildings;
• Impede ingress or egress to the College or any College property, pedestrian pathway, parking lot, building, facility or event;
• Obstruct vehicular or pedestrian traffic;
• Include the use of audio amplification devices, unless specifically authorized by the College;
• Include the use of fire or pyrotechnics, unless specifically authorized by the College;
• Affix materials to College buildings, equipment, fences, trees or property, unless specifically authorized by the College.
North Central Michigan College does not assume any obligation or responsibility for the content of expressive activities or materials distributed. People engaging in expressive activities assume responsibility for damages to College property, for the cleanup of materials immediately following the conclusion of expressive activities, and for remaining in compliance with applicable local, state and federal laws.
COLLEGE NATURAL AREA CONDUCT POLICY
The College owns 200 acres adjacent to its campus which has been designated as a natural area. The following regulations apply to use of this facility.
a. Fires or burning of any kind are not permitted.
b. Dogs are permitted only if on a suitable leash.
c. Overnight camping (as defined in North Central Michigan College Campus Security Policy) is not permitted.
d. No bicycles are permitted.
North Central Michigan College (NCMC) follows an open door policy of admitting (a) high school graduates/GED (b) non-high school graduates 18 years or older (c) high school students under Michigan dual enrollment guidelines.
It is the policy of NCMC to ensure that all employees and students are aware of its commitment to both equal opportunity employment and equal opportunity and treatment of all persons.
It is the policy of NCMC to offer admissions, housing, employment, campus activities and financial aid without regard to race, color, national origin, religion, sex, sexual orientation, age, height, weight, marital status or familial status or disability protected by relevant law.
NCMC complies with Executive Order 11246, Titles VI and VII of the Civil Rights Act of 1964, as amended, Title II of the Americans With Disabilities Act of 1990 (ADA), as amended, Title IX of the Educational Amendments of 1972, as amended, Section 503 and 504 of the Rehabilitation Act of 1973, as amended, The Age Discrimination Act of 1975, as amended and all implementing regulations, the Age Discrimination in Employment Act of 1967 and all State of Michigan statutes prohibiting discrimination.
Any person who believes that he/she has been discriminated against by NCMC or any of its departments or personnel in violation of this policy should immediately file a Complaint with the Vice President of Finance & Facilities and request a copy of the NCMC Discrimination Grievance Procedures which provide for the prompt and equitable resolution of complaints alleging discrimination prohibited by federal, state and local statutes and ordinances. The Discrimination Grievance Procedures are also available on the NCMC website: www.ncmich.edu.
Questions concerning the NCMC non-discriminatory policy may be directed to the NCMC Vice President of Finance & Facilities, 1515 Howard St., Petoskey, Michigan 49770; Telephone: 231-348-6603.
Questions regarding Title IX should be directed to the NCMC Vice President of Student Affairs, 1515 Howard St., Petoskey, Michigan 49770; Telephone: 231-348-6618; Email: TitleIXCoordinator@ncmich.edu.
Inquiries by disabled students regarding academic support services should be directed to the Director of Learning Support Services at the same address as above, or call 231-348‑6817.
The Board of Trustees delegates the development and adherence to the “Discrimination Grievance Procedures” to the President.
Revised 10/07/14; Title IX contact information updated 10/23/15
DISCRIMINATION GRIEVANCE PROCEDURES
North Central Michigan College Discrimination Grievance Procedures are adopted in accordance with the non-discriminatory policy of the College and apply to all complaints of discrimination made by any person under the Age Discrimination Act of 1971 and its implementing regulations, Titles VI and VII of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, Title IX of the Education Amendments of 1972, Executive Order 11246 and all State of Michigan statutes prohibiting discrimination in any form.
- All complaints of discrimination shall be in writing and filed by the Complainant with the North Central Michigan (NCMC) Vice President of Finance and Facilities (the Vice President), 1515 Howard Street, Petoskey, Michigan, 49770 in a sealed envelope marked “Confidential”. The Vice President, for all purposes of these procedures under all laws prohibiting discrimination, is the Discrimination Grievance Coordinator.
- Complaints shall contain:
(1)The name, address and telephone number of the person making the complaint (Complainant)
(2)A concise description of the alleged discriminatory act or action
(3)The date or dates of the alleged discriminatory action
(4)The name of the person or persons alleged to have engaged in the discriminatory act or actions
- The Complaint shall be filed within one hundred and eighty (180) days after the Complainant becomes aware of the alleged discrimination.
- RESOLUTION OF COMPLAINTS
a. Informal Resolution:
The Vice President, or his/her designee may determine whether the complaint can be promptly resolved informally. (Examples: simple miscommunication or where an accused party admits wrongdoing and agrees to the appropriate corrective action). Informal resolution, shall, if indicated, be attempted as soon as possible and need not await a written response from the accused party unless deemed necessary by the Vice President (or designee). No Complainant shall be required to submit or consent to an informal resolution procedure and may at any time, before, during or after the initiation of the informal process, demand formal resolution of the complaint pursuant to Section 2. b. below. When a Complaint is informally resolved, a written summary of the resolution shall be provided to the NCMC President and all parties.
b. Formal Resolution:
(1)Response: An accused party shall be promptly provided with a copy of the Complaint and shall file a written Response with the Vice President within ten (10) days thereafter. The Vice President may waive the requirement for a written response if the matter has been informally resolved.
(2)Investigation & Hearing: When a Complaint has not been informally resolved, the Vice President or his/her designee (Investigative Hearing Officer) shall conduct an appropriate, full and impartial investigation of the issues raised in the Complaint. The Vice President or the designated Investigative Hearing Officer shall convene a formal administrative hearing at which the Complainant and the accused shall each have the right to submit sworn testimony of witnesses and other evidence relevant to the filed Complaint. All parties shall be advised of and entitled to the assistance of counsel at all times during the process and strict rules of evidence shall not apply. The Vice President or designated Investigative Hearing Officer may also, in or outside of the context of a hearing, call upon and interview persons he/she believes may have knowledge bearing on the matters raised in the Complaint and may require any party, at any time during the process, to provide additional documentation, information or evidence that the Officer may deem appropriate. The investigation shall commence and formal hearing convened no later than thirty (30) days after the accused has filed a Response and may be adjourned from time to time by agreement of the parties specifically waiving the time requirements of the grievance procedure as contained herein. Absent such a waiver, the investigation and formal hearing shall be completed within ninety (90) days after the original submission of the Response to the Complaint.
3. FINDINGS & DETERMINATION
Within thirty (30) days after the completion of the investigation and formal hearing on the Complaint, the Investigative Hearing Officer shall issue a Determination, which shall include written findings as to the validity of the Complaint and recommendations for resolution of the Complaint. Copies of the Determination shall be served upon both the Complainant and the accused within five (5) days after its issuance. If the findings include evidence of discrimination in the process, activity, policy, standard or method of administration, recommendations for changes shall be made and the efforts for such changes shall be coordinated with the department or unit of NCMC whose activity, policy, standard or method of administration is at issue. NCMC shall, if discrimination (including age discrimination) is found, make all reasonable, appropriate and necessary efforts to remedy such discriminatory practice(s) to ensure that such practice(s) not recur. In the event that the Complainant was adversely affected by a decision found to be discriminatory, the Complainant shall be given the opportunity for the decision to be reconsidered in light of the revised process, policy, activity, standard or method of administration.
If insufficient evidence of discrimination is found, written notice of that finding and its rationale shall be provided to both the Complainant and the accused together with a Notice informing the Complainant of a right to appeal the Determination to the NCMC President within ten (10) days of the receipt of the Notice.
Anything herein to the contrary notwithstanding, either party has the right to appeal a Determination made hereunder to the NCMC President within ten (10) days after the party has been served with the Determination.
Either party may appeal the Vice President or designated Investigative Hearing Officer’s Determination by filing a written Notice of Appeal with the NCMC President within ten (10) days after receipt of the Determination. The Notice shall include a copy of the Determination and state the basis for the Appeal, providing any additional or supplemental information or evidence that may support the Appeal. A copy of the documents filed by the Appellant shall be provided the other party who may file a Rebuttal Statement within ten (10) days of receipt of the Notice of Appeal.
The President shall review the record of the hearing officer’s investigation and any further information or evidence submitted with the Appeal and may consider any other relevant information that may come to the President’s attention. After appropriate consideration, the President may take any suitable action, including, but not limited to, affirming, modifying or reversing the Determination or requiring additional investigation. The President shall provide a written decision on the Appeal to all parties and the pertinent department/unit of NCMC. There shall be no further levels of review or appeal beyond the President.
5. DEVIATION FROM THE PROCESS
Except by written agreement of the parties, waiving time lines and agreeing to different time lines, the President and only the President may approve a deviation from these procedures and then, only upon proof of extenuating circumstances.
NORTH CENTRAL MICHIGAN COLLEGE COLORS
Blue and Gold have been designated as the official colors of North Central Michigan College.
Parking is permitted only in designated parking areas. Vehicles parked in undesignated areas may be towed at owner’s expense.
POLICY REGARDING PERSONA NON GRATA STATUS FOR NONSTUDENT VISITORS
- For the purposes of this rule, “persona non grata” means that a nonstudent has exhibited behavior which has been deemed detrimental to the College community and, thus, is no longer permitted to frequent or be present in any or specified College locations.
- For the purposes of this rule, “nonstudent visitor” means any person who is not an enrolled student nor an employee acting within the scope of his or her employment.
- As a general rule, persons who had been enrolled at the College but who have graduated, transferred, or terminated enrollment, are classified as nonstudents. Persons who have been admitted to the College, either for credit or noncredit but are not currently enrolled, are to be classified as students.
- It is intended that this rule provide a means for regulating the behavior of all persons, except College employees acting within the scope of their employment, who are present on College property and who are not subject to the jurisdiction of a student conduct policy.
- For the purpose of this rule, “behavior detrimental to the College community” includes but is not limited to actions by an individual which result in offenses against persons or property, disruption of College processes or programs, violation of a previous order given by a College official, a continuing pattern of violation of College rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a College office or official.
- This rule shall not be construed to limit the authority of administrative officials from taking action as may be warranted by the circumstances.
- Only those College officials who have been appointed as hearing officers have the authority to make a determination as to permanent persona non grata status at a meeting held in accordance with this rule.
- Warning notice.
- A nonstudent accused of behavior detrimental to the College community shall be served with a warning notice that such behavior is not acceptable and may result in that person being denied on a permanent basis the opportunity to frequent or be present in specified College locations.
- The warning notice shall contain:
- Name and last known address of the individual.
- The title of the College official who will arrange for the meeting and make the determination of whether or not to place the individual on permanent persona non grata status.
- The office location and phone number of that official.
- A specification of the alleged unacceptable behavior.
- The time limit within which a meeting with that official must be arranged.
- A warning that failure to arrange a meeting with the official within the limit will result in a determination as to permanent persona non grata status being made without the accused being present.
- A warning that the individual is on temporary persona non grata status on all locations of the College until the date and time, and pending the outcome, of the meeting referenced above.
- The warning notice may be issued by the following officials or their designee for the facilities under their jurisdictions:
- Vice Presidents
- Director of Physical Plant Services
- The Residence Hall Director
- The President
- Determination proceeding.
- At the meeting arranged under paragraph (D)(2)(b) above, the accused is entitled to know the nature and source of the evidence against him/her, to cross-examine any witnesses, and to present evidence, including witnesses on his/her behalf. If the accused chooses not to be present or participate, the process may nonetheless proceed.
- All meetings shall be held in private. All meetings shall be tape recorded, and the recording maintained as the official record of the meeting. The accused may be accompanied by another individual who may serve in an advisory capacity but who may not participate directly in the meeting.
- The hearing officer shall hear and weigh all evidence presented. To place the accused on permanent persona non grata status, there must be a finding by the hearing officer based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the College community. If such a finding is made, the hearing officer may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the hearing officer may place the nonstudent visitor on permanent persona non grata status for a period up to two years.
- Notification of permanent persona non grata status.
- Notification shall occur, when possible, at the time of determination of such status. If not given at the time of determination of persona non grata status, notification should occur at the first opportunity by the best means available.
- Notification should, when possible, be acknowledged by the signature of the person being put on persona non grata status. If not acknowledged by such individual’s signature, the signature of the official accomplishing such notification must appear on the form.
- The restrictions imposed by persona non grata status shall take effect upon receipt of the above notification.
- During the time that the temporary or permanent persona non grata is in effect, permission may be granted by the Vice President of Student Affairs for entrance of the person on such status to the specified College locations for a specified purpose and time.
- A written request for review may be made to the President at any time after a determination to impose persona non grata status has been made.
- The review shall be limited to:
- An examination of procedural errors which occurred in the persona non grata process; or
- New evidence which became available after the determination proceeding.
- The persona non grata status shall remain in effect, pending the decision on the review. The reviewing officer shall render a decision within ten working days of receipt of the request for review. The decision shall be final.
PETS ON CAMPUS
Pets brought to campus must be leashed at all times. Pets are prohibited in any of the campus buildings, including the Residence Halls, with the exception of animals specifically trained to assist a person with a disability.
PUBLIC USE OF NCMC FACILITIES
It is the policy of North Central Michigan College to provide all necessary and essential services to students and faculty appropriate to general activities and commensurate with functions usually associated with community colleges. The general public is encouraged to utilize all facilities and services in accordance with the purposes and goals of the College regarding community enrichment and service, however, no person is permitted to use College facilities for business or commercial purposes without approval of the College administration pursuant to a mutually agreed upon utilization contract. It is understood that some services, including the operation of a Conference Center, provided by North Central Michigan College may duplicate those offered by the private sector, but nonetheless, are appropriate to a proper utilization of facilities and realization of the College's purposes and goals. Except under extraordinary circumstances, facilities may only be rented for their intended purpose (as defined in the Campus Master Plan.)
TITLE IX SEXUAL HARASSMENT POLICY
I. Policy Section
II. Policy Subsection
#415 Sexual Harassment
III. Policy Statement
North Central Michigan College, “NCMC”, is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination, harassment, and retaliation on the basis of sex. This policy was created to reflect that commitment and to ensure compliance with 20 U.S.C. 1681, “Title IX”, including the revisions of 34 CFR part 106. NCMC is committed to providing policies and procedures that offer a prompt, fair, and impartial response and process for those involved in an allegation of sexual harassment. NCMC values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.
- Reason for Policy
This policy was created to comply with 20 U.S.C. 1681, “Title IX”, including the revisions of 34 CFR part 106.
Entities Affected by This Policy
All NCMC employees, students, members of the Board of Trustees and visitors to the campus
Who Should Read This Policy
All NCMC employees, students, members of the Board of Trustees and visitors to the campus
Sexual Misconduct Policy
A. Advisor: A person chosen by a party or appointed by the institution (external individual) to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
B. Complainant: An individual who is alleged to be the victim of conduct that could constitute Sexual Harassment or retaliation for engaging in a protected activity under this Policy.
C. Confidential Resource: An employee who is not a Responsible Employee required to report Sexual Harassment (regardless of Clery Act Campus Security Authority status).
D. Consent: Permission to engage in sexual activity; the Title IX policy will utilize the definition of Consent set forth in NCMC’s Sexual Misconduct Policy, 6.4.
E. Education Program and Activity: Education program and activities of NCMC are defined for purposes of this policy as the locations, events, or circumstances where NCMC exercises substantial control over both the Respondent and the context in which the sexual harassment occurs.
F. Final Determination: A conclusion by the preponderance of the evidence that the alleged conduct occurred and whether it did or did not violate policy.
G. Finding: A conclusion by the preponderance of the evidence that the conduct did or did not occur as alleged.
H. Formal Complaint: A document filed/signed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment or retaliation for engaging in a protected activity against a Respondent and requesting that NCMC investigate the allegation.
I. Formal Grievance Process: A method of formal resolution designated by NCMC to address conduct that falls within the policies included below, and which complies with the requirements of 34 CFR Part 106.45.
J. Hearing Decision-maker(s): Those who have decision-making and sanctioning authority (in cases with student Respondents) within NCMC’s Formal Grievance process. The Hearing Decision-maker(s) is an external individual.
K. Investigator: The person or persons (maybe external individual) charged by NCMC with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
L. Responsible Employee: A NCMC employee who is obligated by policy to share knowledge, notice, and/or reports of Sexual Harassment and retaliation with the Title IX Coordinator. For additional information about the role of the Responsible Employee, refer to NCMC’s Sexual Misconduct policy.
M. Notice: When an employee, student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of Sexual Harassment and/or retaliatory conduct.
N. Official with Authority (OWA): An employee explicitly vested with the responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of NCMC.
O. Parties: Both the Complainant(s) and Respondent(s), collectively.
P. Remedies: Post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to NCMC’s educational program.
Q. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitutesexual harassment or retaliation for engaging in a protected activity.
R. Resolution: The result of an informal or Formal Grievance Process.
S. Sanction: A consequence imposed by NCMC on a Respondent who is found to have violated this policy.
T. Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
a. An employee of NCMC conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct. This is referred to as “quid pro quo” sexual harassment.
b. Unwelcome conduct, determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively denies a person equal access to NCMC’s education program or activity.
c. Sexual assault, as defined in 20 U.S.C. 1092 (f)(6)(A)(v), which defines “sexual assault” as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. That is further defined as:
i. Sex Offenses, Forcible: Any sexual act directed against another person without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
1. Forcible Rape:
a. Penetration, no matter how slight,
b. of the vagina or anus with any body part or object, or
c. oral penetration by a sex organ of another person,
d. without the consent of the Complainant.
2. Forcible Sodomy:
a. Oral or anal sexual intercourse with another person
c. and/or against that person’s will (non-consensually), or
d. not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
3. Sexual Assault with an Object:
a. The use of an object or instrument to penetrate, however slightly,
b. the genital or anal opening of the body of another person,
d. and/or against that person’s will (non-consensually)
e. or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
4. Forcible Fondling:
a. The touching of the private body parts of another person (buttocks, groin, breasts)
b. for the purpose of sexual gratification,
d. and/or against that person’s will (non-consensually)
e. or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
ii. Sex Offenses, Non-forcible:
a. Non-forcible sexual intercourse
b. between persons who are related to each other
c. within the degrees wherein marriage is prohibited by Michigan law.
2. Statutory Rape:
a. Non-forcible sexual intercourse
b. with a person who is under the statutory age of consent of Michigan.
d. Dating Violence, defined in 34 U.S.C. 12291(a)(10) as:
i. Violence on the basis of sex committed by a person who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
2. For the purposes of this definition—
a. Dating violence includes, but is not limited to emotional, psychological, sexual or physical abuse or the threat of such abuse.
b. Dating violence does not include acts covered under the definition of domestic violence.
e. Domestic Violence, defined in 34 U.S.C. 12291(a)(8) as:
Violence on the basis of sex committed by a current or former spouse or intimate partner of the Complainant,
by a person with whom the Complainant shares a child in common, or
by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Michigan, or
by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Michigan.
To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
f. Stalking, defined in 34 U.S.C. 12291(a)(30) as:
engaging in a course of conduct on the basis of sex directed at a specific person that would cause a reasonable person to fear for the person’s safety, or the safety of others; or suffer substantial emotional distress.
For the purposes of this definition:
1. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling
U. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Parties to restore or preserve access to NCMC’s education program or activity, including measures designed to protect the safety of all parties or the educational environment, and/or deter Sexual Harassment and/or retaliation.
A. Scope of Policy: The core purpose of this policy is the prohibition of sexual harassment as defined by Title IX. Sometimes sexual harassment involves exclusion from activities, such as admission, athletics, or employment. Other times, that harassment can encompass sexual harassment, sexual assault, stalking, dating violence or domestic violence. When an alleged violation of this Title IX policy is reported, the allegations are subject to resolution under this process, where appropriate, as determined by the Title IX Coordinator, and as detailed below.
When the Respondent is a memner of the NCMC community, a grievance process may be available regardless of the status of the Complaintant, who may or may not be a member of the NCMC comunity. This community includes, but is not limited to, students (as defined by the Student Code of Conduct), student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers and invitees. The procedures described in this policy may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this Policy.
B. Title IX Coordinator: The Title IX Coordinator is the official designated by NCMC to ensure compliance with Title IX and NCMC’s Title IX program. The Title IX Coordinator has the primary responsibility for coordinating NCMC’s efforts related to the intake, investigation, resolution and implementation of supportive measures to stop, remediate, and prevent sexual harassment prohibited under this policy. The Vice President of Student Affairs, Renee DeYoung, serves as the Title IX Coordinator and oversees implementation of NCMC’s Title IX policy. Some references to the Title IX Coordinator within this policy may include an appropriate designee. Complaints, inquiries or concerns about this policy and procedures may be made directly to the Title IX Coordinator, by using the following contact information:
C. Independence and Conflict of Interest: The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The members of the Title IX Team who are involved in any particular case are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
Any individual materially involved in the administration of the resolution process, including the Title IX Coordinator, Investigator(s), and Hearing Decision-maker(s)(s) may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. The Parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another member of the Title IX team will be assigned to fill the role, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the Human Resources` Director. To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact the Human Resources Director at email@example.com or 231-348-6837. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.
D. Duty to Report: NCMC requires that all employees are considered Responsible Employees and will report to the Title IX Coordinator if they become aware of an incident that may violate this Title IX policy. This designation is separate from an Official with Authority as defined in this policy. Determining who is an Official with Authority is a legal determination of who is explicitly vested with responsibility to implement corrective measures on behalf of NCMC. Regardless of an employee’s designation as an Official with Authority, all NCMC employees are required per this policy and NCMC’s Sexual Misconduct policy to report any actions which may violate the Title IX or Sexual Misconduct policies.
E. Filing a Complaint:
a. Complaints and notices of alleged policy violations may be made in any of the following ways:
File a complaint with, or give verbal notice to, the Title IX Coordinator using the contact information in Section X.B. of this policy. Such a report may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address listed for the Title IX Coordinator.
Report online, using the reporting form posted at https://www.ncmich.edu/safety/title-ix/how-to-file-a-report.html
b. Anonymous reports: Anonymous reports can be made through any of the means above. Individuals who are considering making an anonymous report should be aware of the following:
The information contained in anonymous reports may give rise to a need to investigate. Without a known Complainant, NCMC may be limited in its ability to obtain follow-up information and appropriately respond to the complaint.
NCMC tries to provide supportive measures to all Complainants, which is impossible with an anonymous report.
The act of reporting carries no obligation to initiate a Formal Complaint. NCMC seeks to respect Complainants’ requests regarding complaints, as described further in this Title IX Policy, Section X.M.
c. A Formal Complaint is a document filed and/or signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that NCMC investigate the allegation(s). A Formal Complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information in Section X.B. A Formal Complaint will contain a Complainant’s or the Title IX Coordinator’s digital or physical signature, or otherwise indicates who is filing the Formal Complaint. If notice is submitted in a form that does not meet this standard, the Title IX Coordinator will contact the Complainant to verify their intent to file a Formal Complaint and ensure that it is filed correctly. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a Complainant or party.
F. Supportive Measures:
a. Process: NCMC will offer and implement appropriate and reasonable supportive measures to the Parties upon notice of alleged sexual harassment and/or retaliation. The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the Title IX Coordinator will inform the Complainant, in writing, that they may file a formal complaint with NCMC either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
b. Privacy: NCMC will maintain the privacy of the supportive measures, provided that privacy does not impair NCMC’s ability to provide the supportive measures or respond appropriately to the concern. NCMC will act to ensure as minimal an academic impact on the parties as possible. NCMC will implement measures in a way that does not unreasonably burden the other party.
c. Options: Supportive measures may include, but are not limited to:
- Referral to confidential resources, including counseling and other mental health services, and community-based service providers
- Class schedule modifications, withdrawals, or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Visa and immigration assistance
- Student financial aid counseling
- Education to the community or community subgroup(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Implementing contact limitations (no contact orders) between the parties
- Academic support, extensions of deadlines, or other course/program-related adjustments
- Issuing Timely Warnings, per the Clery Act.
- Any other actions deemed appropriate by the Title IX Coordinator
G. Emergency Removal: NCMC can act to remove a Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any individual has arisen from the allegations of Sexual Harassment and justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with NCMC’s Behavioral Intervention Team (BIT), using the BIT’s standard objective threat assessment procedures. The Respondent will have notice and an opportunity to challenge the decision immediately following the removal. NCMC has the authority and discretion to place an employee on administrative leave during the pendency of an investigation even where the requirements for an emergency removal are not met.
H. Promptness: All allegations are acted upon promptly by NCMC after receiving notice or a Formal Complaint. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but NCMC seeks to avoid all undue delays within its control. Any time the general timeframes for resolution outlined in the Title IX policy will be delayed, NCMC will provide written notice to the parties of the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
I. Privacy: Every effort is made to preserve the privacy of reports. NCMC will not share the identity of any individual who has made a report or complaint of sexual harassment or retaliation pursuant to this policy, including the identity of the Parties, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under NCMC’s policies.
J. Jurisdiction: NCMC’s Title IX policy applies when:
a. The alleged conduct occurred in the Education Program and Activities of NCMC, defined for purposes of this policy as the locations, events, or circumstances where NCMC exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs. This could include an off-campus building owned or controlled by NCMC.
b. NCMC has control over the Respondent at the time of the complaint.
c. The alleged conduct occurs against a Complainant who is in the United States.
d. If a Formal Complaint is filed, at the time of filing the Formal Complaint, a Complainant is participating in or attempting to participate in NCMC’s education program or activity.
K. Retaliation: It is prohibited for NCMC or any member of the NCMC community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has engaged in a protected activity. Protected activity under this policy includes reporting an incident that may implicate this policy, filing a Formal Complaint, participating or refusing to participate in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. NCMC will take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
Charges against an individual for code of conduct violations that do not involve Sexual Harassment but arise out of the same facts or circumstances as a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. The exercise of rights protected under the First Amendment does not constitute retaliation.
L. Materially false statements: Making a materially false statement as part of a Title IX investigation is a violation of NCMC’s Code of Conduct. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
M. Complainant’s Expressed Desire Not to Proceed: If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a Formal Complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.
The Title IX Coordinator has ultimate discretion over whether NCMC proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process upon completion of an appropriate risk assessment. The Title IX Coordinator’s decision will be based on results of the risk assessment that show a compelling risk to health and/or safety that requires NCMC to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. NCMC may be compelled to act on alleged misconduct regardless of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and NCMC’s ability to pursue a Formal Grievance Process fairly and effectively. When NCMC proceeds with the Formal Grievance Process, the Complainant or their Advisor may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy regardless of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.
NCMC’s ability to remedy and respond to notice may be limited if the Complainant does not want to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing NCMC’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow NCMC to honor that request, NCMC will offer informal resolution options as discussed in Section X.O.4 of this Policy, supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by NCMC, and to have the incidents investigated and properly resolved through these procedures.
N. Amnesty for Complainants and Witnesses: The NCMC community encourages Complainants and witnesses to report misconduct and crimes. Sometimes, Complainants or witnesses are hesitant to report to NCMC officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interests of the NCMC community that Complainants choose to report misconduct to NCMC officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. To encourage reporting and participation in the process, NCMC maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant.
O. Title IX Process:
1. Notice and Complaint: Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of this Title IX Policy pursuant to Section X.E, NCMC will initiate a prompt initial assessment to determine the appropriate next steps.
a. The initial assessment will involve:
A. Title IX Coordinator determines if Complainant wishes to make a Formal Complaint and assists them in doing so if desired.
B. If there is no Formal Complaint filed by Complainant, Title IX Coordinator determines if there is an institutional risk to health or safety, as discussed in Section X.M., sufficient for the Title IX Coordinator to sign the Formal Complaint.
C. Title IX Coordinator offers Supportive Measures to the Complainant and notifies them of their right to have an Advisor as part of the process.
b. The initial assessment will conclude in at least one of the following responses:
A. Supportive measures as described in Section X.F., if the Complainant does not want to proceed formally, and/or
B. Proceeding with an informal resolution, and/or
C. Proceeding with a Formal Grievance Process, to include an investigation and a hearing, which will determine whether or not NCMC’s Title IX Policy has been violated. If so, NCMC will promptly implement effective remedies to address the potential recurrence of the harassment or its effects.
1. If the Complainant wishes to proceed with a Formal Grievance Process, the Title IX Coordinator will determine if the alleged Sexual Harassment falls within the scope of the Title IX Policy.
2. If it does not fall within the scope of the Title IX Policy, the Title IX Coordinator will “dismiss” the Title IX complaint, and offer other policy options to the Complainant, including the Sexual Misconduct policy.
3. If the actions alleged fall within the scope of the Title IX Policy, the Title IX Coordinator will initiate (or designate an investigator to initiate) an investigation of whether the alleged sexual harassment violates NCMC’s Title IX Policy.
2. Dismissal of Complaint
a. Mandatory: Dismissal of the Title IX Complaint is mandatory if at any time during the investigation or hearing, it is determined that:
A. The conduct alleged in the formal complaint would not constitute Sexual Harassment as defined in the Policy hereinabove, even if proved; and/or
B. The conduct did not occur in an educational program or activity controlled by NCMC, and/or NCMC does not have control of the Respondent; and/or
C. The conduct did not occur against a person in the United States; and/or
D. At the time of filing a formal complaint, a complainant is not participating in or attempting to participate in the education program or activity.
b. Discretionary: Dismissal of the Title IX Complaint is discretionary if, at any time during the investigation or hearing:
A. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein, though the Complainant may later request to reinstate or refile the complaint; or
B. Specific circumstances prevent NCMC from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
c. Procedure for Dismissal: Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the Parties. This dismissal decision is appealable by any party.
d. Appeal of Dismissal: NCMC’s decision to dismiss or not to dismiss is appealable by either Party under the procedures for appeal below.
3. Advisors: The Parties may each have an Advisor of their choice with them for all meetings and interviews within the Formal Grievance process, if they so choose.
a. Witnesses as Advisors: Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision- maker(s).
b. Who can serve as Advisor: The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of NCMC.
c. NCMC Advisor: The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available from NCMC, the Advisor will be trained by NCMC and will be familiar with NCMC’s processes. Advisors may request to meet with the Title IX Coordinator in advance of portions of the Formal Grievance process to allow Advisors to clarify and understand their role, as well as the relevant Policies and Procedures. One party’s choice to select an attorney to serve as their Advisor does not obligate NCMC to provide an attorney for the other Party.
d. The Right NOT to have an Advisor: Parties have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing. At a hearing, Parties must have an Advisor to facilitate cross-examination. If a Party does not have an Advisor for a hearing, the Title IX Coordinator or designee will appoint a trained Advisor for the limited purpose of conducting any cross-examination.
e. Role of the Advisor: The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors are not to interrupt the meeting and are primarily present for support and consultation with the Party. If unable to comply with expectations, Advisors may be asked to leave. Advisors may not speak on behalf of the Party they advise except during the cross-examination portion of the hearing proceeding.
f. Expectations for Advisors: All Advisors are subject to NCMC policies and procedures and are expected to advise their advisees without disrupting proceedings. Advisors are not present in a hearing to present statements or arguments or to facilitate direct examination. Advisees may consult with their Advisors as requested and may do so privately as needed.
g. Information Sharing with Advisors: Parties may share any information directly with their Advisors, to facilitate the Advisor’s participation in the process. Upon request, the Title IX Coordinator can provide a consent form to authorize NCMC to share information directly with the Advisor. Advisors will sign an agreement to keep all information confidential, including student they advise as well as other student.
h. Unionized employees: For parties who are entitled to union representation, NCMC will allow the unionized employee to have their union representative (if requested by the party) as well as an Advisorof their choice present for all meetings and interviews as part of the Formal Grievance Process. Union representatives will be held to the expectations of Advisors and the scope of their role will be consistent with the appropriate Collective Bargaining Agreement. To uphold the principles of equity, the other party (regardless of union membership) will also be permitted to have two Advisors.
- Informal Resolutions: NCMC does not require, as a condition of any right or privilege, waiver of the right to an investigation or participation in the Formal Grievance Process. After a Formal Complaint is filed, and before making a determination regarding responsibility for a violation of this Policy, NCMC may facilitate an informal resolution process that does not involve a full investigation and adjudication, if NCMC:
a. Provides to the parties a written notice disclosing:
the requirements of the informal resolution process,
the circumstances under which the parties are precluded from resuming a formal complaint arising out of the same allegations, provided that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the Formal Grievance Process.
b. Obtains the Parties’ voluntary, written consent to the informal resolution process, and
c. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
- Formal Grievance Process Participants: The Formal Grievance Process is carried out by the Title IX Coordinator, Investigator(s), including the Title IX Coordinator, Hearing Decision-maker(s)s, Appeal Decision-maker(s)s, and Advisors.
- Training of Formal Grievance Process participants: The Title IX Coordinator, Hearing Decision-maker(s)s, Appeal Decision-maker(s)s, and investigators receive annual training on the following topics, as appropriate for their role. Materials used to train Formal Grievance Process participants, as well as those who facilitate informal resolution processes, are available via https://www.ncmich.edu/safety/title-ixtrainingmaterials.html
The scope of NCMC’s Title IX Policy
How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
Disparate treatment and impact
Reporting, confidentiality, and privacy requirements
Applicable laws, regulations, and federal regulatory guidance
How to implement appropriate and situation-specific remedies
How to investigate in a thorough, reliable, and impartial manner
How to uphold fairness, equity, and due process
How to weigh evidence
How to conduct questioning
How to assess credibility
Impartiality and objectivity
How to render findings and generate clear, concise, evidence-based rationales
The definitions of all offenses
How to apply definitions used by NCMC with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
Any technology to be used at a live hearing
Issues of relevance of questions and evidence
Issues of relevance to create an investigation report that fairly summarizes relevant evidence
How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations
- Notice of Investigation and Allegations: The Title IX Coordinator will provide written notice of the investigation and allegations (NOIA) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who is to be given advance notice if possible of when the NOIA will be delivered to the Respondent.
a. The Notice of Investigation and Allegations will include:
i. A meaningful summary of all of the allegations,
ii. The identity of the involved parties (if known),
iii. The precise misconduct being alleged,
iv. The date and location of the alleged incident(s) (if known),
v. The specific policies implicated,
vi. A description of the applicable procedures,
vii. A statement of the potential sanctions/responsive actions that could result,
viii. A statement that NCMC presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,
ix. A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence obtained during the review and comment period,
x. A statement about NCMC’s policy on retaliation,
xi. Information about the privacy of the process,
xii. Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor,
xiii. A statement informing the parties that the Title IX policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process,
xiv. Details on how the party may request disability accommodations during the Formal Grievance Process,
xv. A link or information about relevant community or college resources, including mental health resources,
xvi. The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the Investigator(s) may have, and
xvii. An instruction to preserve any evidence that is directly related to the allegations.
b. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
c. The Notice of the Investigation and Allegations will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official NCMC records, or emailed to the Parties’ NCMC-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
- Assigning Investigators. Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints an investigator, who may be the Title IX Coordinator, to perform the investigation. That investigator will reach out to the Parties and begin the investigation.
8. Presumption and Standard of Proof: NCMC operates with the presumption that the Respondent is not responsible for the alleged Sexual Harassment. This presumption exists unless and until the Respondent is determined to be responsible for a policy violation by a preponderance of the evidence. The preponderance of the evidence standard means whether it is more likely than not that the Respondent violated the Policy as alleged.
9. Investigation Procedures: All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available relevant evidence. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record. An investigation will typically consist of the following steps:
a. Determine the identity and contact information of the Complainant.
b. Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of all of the specific policies implicated.
c. Ensure that a prompt initial assessment is conducted to determine if the allegations indicate a potential policy violation.
d. Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and anticipated order of interviews for all witnesses and the parties.
e. Notify all Parties of their right to have an Advisor of their choosing for all meetings attended by that Party.
f. Meet with the Complainant to finalize their interview/statement, if necessary.
g. Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA may be amended with any additional or dismissed allegations.
h. Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings.
i. Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible.
j. When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose.
k. Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
l. Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions.
m. Complete the investigation promptly and without unreasonable deviation from the intended timeline.
n. Provide regular status updates to the parties throughout the investigation.
o. Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used in the investigation report.
p. Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence.
q. Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported Sexual Harassment, including evidence upon which NCMC does not intend to rely in reaching a determination. Provide a ten (10) business day review and comment period so that each party may meaningfully respond to the evidence. The Parties may elect to waive the full ten days.
r. The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses.
s. The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report.
t. The Investigator(s) should document all rationales for any changes made after the review and comment period. The Investigator(s) shares the report with the Title IX Coordinator, if other than the investigator, and/or legal counsel for their review and feedback.
u. The Investigator will incorporate any relevant feedback, and the final report is then shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report.
10. Title IX Hearing Scheduling: If the complaint is not resolved through Informal Resolution, the Title IX Coordinator should schedule a hearing, which shall proceed as follows:
a. The hearing shall be scheduled not less than ten (10) business days from the date the final investigation report is transmitted to the Parties and the Decision-maker(s), unless all Parties and the Decision-maker(s) agree to an expedited timeline.
b. The Title IX Coordinator will select Hearing Decision-maker(s) (external individual). A Hearing Facilitator will also be present to guide the process and ensure procedural requirements are met.
c. The hearing will begin at a time arranged by the Hearing Decision-maker(s) and the Title IX Coordinator.
d. The Title IX Coordinator or the Decision-maker(s) will send notice of the hearing to the Parties not less than ten (10) business days before the hearing is scheduled to be held. Once mailed, emailed, and/or received in person, notice will be presumptively delivered. The notice of hearing will contain:
A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
The time, date, and location of the hearing.
Any technology that will be used to facilitate the hearing.
Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Decision-maker(s) and Parties to see and hear a party or witness answering questions. Such a request must be raised if possible, with the Title IX Coordinator at least five (5) business days prior to the hearing.
A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker(s) on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.
Information on how the hearing will be recorded and on access to the recording for the Parties after the hearing.
A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-maker(s). For compelling reasons, the Decision-maker(s) may reschedule the hearing.
Notification that the parties may have the assistance of an Advisor of their choosing at the hearing and will be required to have one present for any cross-examination questions they may desire to ask. The party must notify the Title IX Coordinator if they do not have an Advisor, and the Title IX Coordinator will appoint one. Each party must have an Advisor present for the purpose of cross-examination.
A copy of all the materials provided to the Decision-Maker(s) about the matter, unless they have been provided already.
An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least five (5) business days prior to the hearing if possible.
12. Title IX Hearing Proceedings:
a. Evidentiary Considerations: Any evidence that the Decision-maker(s) determine(s) is relevant and credible may be considered.
The hearing does not consider:
(a) incidents not directly related to the possible violation, unless they evidence a pattern;
(b) the character of the parties; or
(c) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
Relevance Considerations: All questions are subject to a relevance determination by the Decision-maker(s). The Advisor will present the proposed question, the proceeding will pause to allow the Decision-maker(s) to consider it. The Decision-maker(s) will determine whether the question will be permitted, disallowed, or rephrased. The Decision-maker(s) may explore arguments regarding relevance with the Advisors, if the Decision-maker(s) so chooses. The Decision-maker(s) will then state their decision on the question for the record and advise the party/witness to whom the question was directed accordingly. The Decision-maker(s) will explain any decision to exclude a question as not relevant, or request to reframe it for relevance.
The Decision-maker(s) will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Decision-maker(s) has final say on all questions and determinations of relevance, subject to any appeal; the Decision-maker(s) may consult with legal counsel on any questions of admissibility. The Decision-maker(s) may ask advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the advisors on relevance once the Decision-maker(s) has ruled on a question.
b. Procedures: At the hearing, the Decision-maker(s) has the authority to hear and make determinations on all allegations of Sexual Harassment and/or retaliation. The Decision-maker(s) will answer all questions of procedure.
c. Introduction of Investigation Report at Hearing: Upon request by the Decision-maker(s), the Investigator(s) will present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Decision-maker(s) and the parties (through their Advisors). The Investigator(s) may be present during the entire hearing process, but not during deliberations. Neither the parties nor the Decision-maker(s) should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and the Investigators, Advisors, and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the Decision-maker(s) will direct that it be disregarded.
d. Testimony at Hearing: Once the Investigator(s) present their report and are questioned, the Parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Decision-maker(s) and set forth in the Hearing Procedures. The Parties/witnesses will submit to questioning by the Decision-maker(s) and then by the parties through their Advisors, which is the cross-examination.
e. Refusal to submit to cross-examination at hearing: For purposes of considering alleged violations of this Policy, if a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend, or they attend but refuse to participate in cross-examination, then the Decision-maker(s) may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. The Decision-maker(s) must disregard that statement. If the party or witness attends the hearing and answers some cross-examination questions, only statements related to the cross-examination questions they refuse to answer cannot be relied upon. However, if the statements of the party who is refusing to submit to cross-examination or refuses to attend the hearing are the subject of the allegation itself (e.g., the case is about verbal harassment or a quid pro quo offer), then those statements are not precluded from admission. The Decision-maker(s)(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
f. Deliberation: The Decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. A hearing facilitator may be invited to attend the deliberation by the Decision-maker(s), but is there only to facilitate procedurally, not to address the substance of the allegations.
g. Decision: After post-hearing deliberation, the Decision-maker(s) renders a determination based on the preponderance of the evidence: whether it is more likely than not that the Respondent violated the Policy as alleged. The Decision-maker(s) will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence disregarded, and credibility assessments.
h. Sanctioning decision: After conclusion of the hearing portion of the proceeding, if there is a finding that the alleged conduct occurred and a final determination that the Title IX policy was violated, the Hearing Decision-maker(s) will proceed to make a sanction recommendation to the Title IX coordinator. For student Respondents the recommendation will be given to the Vice President of Students Affairs and in consultation with appropriate parties to determine an appropriate sanction. For employee Respondents, the case will be referred to Human Resources. In those employee cases, HR, in consultation with supervisors, Deans and other appropriate parties will determine an appropriate sanction. Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility. The parties may each submit a written impact statement prior to the hearing for the consideration at the sanction stage of the process when a determination of responsibility is reached.
Sanction Considerations: Appropriate considerations in determining sanction include:
a) The nature, severity of, and circumstances surrounding the violation(s) and the impact on the Parties;
b) The Respondent’s disciplinary history;
c) Previous allegations or allegations involving similar conduct;
d) The need for sanctions/responsive actions to bring an end to the Sexual Harassment;
e) The need for sanctions/responsive actions to prevent the future recurrence of the Sexual Harassment; and
f) The need to remedy the effects of the Sexual Harassment and/or retaliation on the Complainant and the community.
i. Notice of Outcome: Using the deliberation statement, the Title IX Coordinator will work with the Decision-maker(s) to prepare a Notice of Outcome. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors, as requested, simultaneously.
a) Delivery of Notice: Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official NCMC records, or emailed to the parties’ NCMC-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
b) Contents of Notice: The Notice of Outcome will identify the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by NCMC from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held. The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent NCMC is permitted to share such information under law; any sanctions issued which NCMC is permitted to share according to law; and any remedies provided to the Complainant designed to ensure access to NCMC’s educational or employment program or activity, to the extent NCMC is permitted to share such information under law. The Notice will also include available appeal options.
a. For student Respondents: Sanctions for students can include, but are not limited to:
a verbal or written warning;
establishment of mandatory behavior conditions;
recommendations for counseling;
permanent removal from a course or academic program;
loss of access to college computers and/or network;
specific project designed to assist the student in better understanding the overall impact of the behavior;
restitution of damages/stolen property;
suspension without pay from his or her on campus job;
prohibit participation in extracurricular activities or interscholastic or leadership positions;
b. For employee Respondents: Sanctions for employees can include, but are not limited to:
a verbal or written warning;
a Performance Improvement Plan;
recommendations for counseling;
additional training or educational requirements;
removal of responsibilities or leadership roles,
14. Withdrawal or Resignation While Charges are Pending:
a. Should a student decide to not participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent withdraw permanently from NCMC, the Formal Grievance Process per the Title IX Policy ends, as NCMC no longer has disciplinary jurisdiction over the withdrawn student. A hold will be placed on the student’s ability to return, pending resolution of the process. NCMC will continue to address and remedy any systemic issues, ongoing effects of the alleged Sexual Harassment, etc.
b. Should an employee Respondent resign with unresolved allegations pending, the Formal Grievance process per the Title IX Policy ends, as NCMC no longer has disciplinary jurisdiction over the resigned employee. The employee may no longer be eligible for rehire, absent appropriate resolution of the Formal Grievance Process. NCMC will continue to address and remedy any systemic issues, ongoing effects of the alleged Sexual Harassment, etc.
a. Request for Appeal: Any party may request an appeal, which must be submitted in writing to the Title IX Coordinator with-in 10 business days from the Notice of Outcome date. The Title IX Coordinator will consult with outside counsel and determine if the request meets the grounds for appeal. If so, the Title IX coordinator will forward the appeal to an external Appeal Decision-maker(s) (separate for the Hearing Decision-maker(s)). Employee appeal processes will comply with collective bargaining agreements. Utilizing the appeals process does not prohibit a unionized employee from using the grievance process at the conclusion of the appeal.
b. Grounds for Appeal: One or more of the following grounds must be identified and explained in the Request for Appeal:
Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.
c. Response to Appeal: If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-maker(s) will notify the Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the Hearing Decision-maker(s). The Parties will be given five (5) business days to submit a written response to the appeal. All responses will be forward to the other Parties for review and comment. The non-appealing party may also choose to raise a new ground for appeal at this time. If so, that will be reviewed for standing by the Appeal Decision-maker(s) and either denied or approved. If approved, it will be forwarded to the other Parties, who will have the opportunity to submit a written response within five (5) business days.
d. Notice of Appeal Outcome: The Notice of Appeal Outcome will be sent to all parties simultaneously by the Appeal Decision-maker(s). This Notice will include the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which NCMC is permitted to share according to law, and the rationale supporting the essential findings to the extent NCMC is permitted to share under state or federal law. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ NCMC-issued email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
e. Sanction/discipline status during Appeal: Student sanctions or employee discipline are stayed during the appeal process. Supportive measures may continue or be put in place at this time.
16. Recordkeeping: NCMC will maintain records of the complaints, policies and processes set forth in this Title IX policy pursuant to institutional and legal requirements.
XII. Effective Date
This policy goes into effect August 26, 2020.
XIII. Policy History
August 2020: This policy was created as a stand-alone policy separate from the Sexual Misconduct policy to comply with the newly-revised requirements of 20 U.S.C. 1681 and 34 CFR part 106. This policy was adapted and is used with permission of Grand Rapids Community College.
XIV. Next Review/Revision Date
North Central Michigan College (“the College”) is dedicated to maintaining a healthy work and learning environment for all students, employees and visitors. While the College already prohibits smoking inside its buildings and facilities, beginning on the 1st day of August 2011, the policy will expand to prohibit tobacco use in all outdoor locations owned or controlled by the College. Smoking is allowed only on the inside of individual automobiles. Use of tobacco is allowed outside for religious or instructional purposes.
Specifically, this policy is intended to eliminate the potential for exposure to second-hand smoke and encourage a healthy lifestyle for employees and students. For purposes of this policy, tobacco is defined as any tobacco product, including e-cigarettes and smokeless or spit tobacco.
Revised 5/11, 5/17
If it is necessary to cancel classes on campus, the administration will make every effort to notify all local radio and TV stations by 6:30 a.m. for day classes and 4:00 p.m. for evening classes.
Cancellation of classes in Gaylord or Cheboygan follow the policy of those schools, which will also be announced on local radio and TV stations.
If classes are canceled, employees will not be required to report to work unless specifically requested by their supervisors.
If the College does not close and an employee cannot get to work because of weather, that person may use personal or vacation time.
VAN POLICY FOR FACULTY AND STAFF
Vans are available on a first come, first serve basis. Reservations are made with the Secretary of the Vice President of Finance and Facilities. Any emergencies or exceptions will need the approval of the Vice President of Finance and Facilities.
The van is available primarily for the use of faculty and staff who have limited travel budgets. The vice presidents agreed that, in most cases, they would relinquish their reservation if needed by someone else. In those cases, you should contact that vice president personally.
Bulletin Board Posting Policy
Anyone wishing to post advertisements or announcements is required to have the items date-stamped by Student Services. Any advertisements or announcements without a date stamp are subject to immediate removal. All advertisements or announcements may be posted for a maximum of thirty (30) days and will be removed.
Acceptable areas of posting are the designated bulletin boards in all campus buildings. Postings that have not been date-stamped or are not posted in acceptable areas will be removed by the College.
Posting on glass doors and windows is prohibited.
Revised 2/05, 6/17
NORTH CENTRAL MICHIGAN COLLEGE
INFORMATION TECHNOLOGY RESOURCES
This policy is designed to guide students, faculty and staff in the acceptable use of computer systems, networks, telephones, voice mail, fax machines, and other information technology resources at North Central Michigan College.
2.0 Guiding Principles
2.1 The College community is encouraged to make innovative and creative use of information technologies in support of educational, scholarly, and administrative purposes.
2.2 North Central Michigan College recognizes the importance of copyright and other protections afforded to the creators of intellectual property. Users are responsible for making use of software and other information technology resources in accordance with copyright and licensing restrictions and applicable College policies. Using information technology resources in a manner violating these protections, or furthering the unauthorized use or sale of protected intellectual property, is prohibited.
2.3 North Central Michigan College cannot protect individuals against the receipt of potentially offensive material. Those who use electronic communications occasionally may receive material that they might find offensive, not consistent with community standards, or not suitable for children. Use of any information obtained through North Central’s campus network and/or Internet access is at one’s own risk. North Central Michigan College and its campus network/Internet service will abide by local legal standards concerning pornography. Those who make personal information available about themselves through the Internet or other electronic media may expose themselves to potential invasions of privacy.
2.4 Information technology resources are provided to support the College's scholarly, educational, and administrative activities. Information technology resources are limited, and should be used wisely and with consideration for the rights and needs of others.
2.5 The use of North Central Michigan College computer systems, networks, telephones, voice mail, fax machines, and other information resources is a privilege, not a right, and inappropriate use of such resources may result in suspension or termination of privileges and/or other discipline.
2.6 Information technology at North Central Michigan College is a non-public forum.
3.0 User Responsibilities
3.1 Users are expected to use computer and network resources in a responsible manner. Users should take appropriate precautions to ensure the security of their passwords and prevent others from obtaining access to their computer resources. Convenience of file or printer sharing is not a sufficient reason for sharing computer accounts and passwords.
3.2 The following behaviors are prohibited while using College information technology resources, including computers and networks owned or operated by North Central Michigan College, or to which North Central Michigan College is connected.
- Modifying system or network facilities, or attempting to crash systems or networks;
- Using, duplicating or transmitting copyrighted material without first obtaining the owner's permission, in any way that may reasonably be expected to constitute an infringement, or that exceeds the scope of a license, or violates other contracts;
- Tampering with software protections or restrictions placed on computer applications or files;
- Using College information technology resources for personal for-profit purposes;
- Impersonating another user or otherwise falsifying a user name in email;
- Degrading or disrupting the network, hindering access to the network, or otherwise excessively using resources in a manner which effectively denies service to other users;
- Sending chain letters, junk mail, "spam," "flaming," "mailbombs," or other similar types of broadcast messages;
- Sending a message to more than ten (10) internal or external email addresses except as required to conduct College business;
- Sending messages that are malicious or that a reasonable person would find to be harassing or threatening;
- Subverting restrictions associated with computer accounts;
- Using information technology resources to obtain unauthorized access to records, data, or other forms of information owned, used, possessed by, or pertaining to the College or individuals;
- Accessing another person's computer account without permission. Users may not supply false or misleading data, or improperly obtain another's password to gain access to computers or network systems, data or information. Obtaining access to an account name or password through the negligence or oversight of another is considered to be a specifically prohibited use;
- Intentionally introducing computer viruses, worms, Trojan Horses, or other rogue programs into information technology resources that belong to, are licensed to, or are leased by North Central Michigan College or others;
- Physically damaging information technology resources;
- Using, or encouraging others to use, information technology resources in any manner that would violate this or other College policies or any applicable state or federal law; and,
- Falsely reporting or accusing another of conduct that violates this policy, without a good faith basis for such an accusation.
- Users may not engage in any activity that might compromise the confidentiality of electronic mail or other information not intended for general consumption.
- Game playing that compromises the integrity or the load of the network service is prohibited. Other emerging recreational games that inhibit legitimate educational and research use by attached users will be prohibited at the discretion of the network and Internet access administrators.
- 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 or licensee, or which are not considered consistent with accepted community standards.
- The network and Internet access services provided by the College are of the exclusive use of its users and may not be shared by or transferred to other parties. A user of an account is responsible for all actions and electronic transactions committed under his/her login name.
3.3 Users should remember that information distributed through the College's information technology resources may be considered a form of publication. Although North Central Michigan College does not take responsibility for material issued by individuals, users must recognize that third parties may perceive anything generated at North Central Michigan College as in some manner having been produced under North Central Michigan College auspices. Accordingly, users are reminded to exercise appropriate language, behavior, and style in their use of information technology resources.
4.0 Policy Administration
4.1 The College encourages all members of its community to use electronic resources in a manner that is respectful of others. The College reserves the right to examine any computer files. The College reserves this right for bona fide purposes, including, but not limited to:
- enforcing policies against harassment and threats to the safety of individuals;
- protecting against or limiting damage to College information technology resources;
- complying with a court order, subpoena or other legally enforceable discovery request;
- investigating and preventing the posting of proprietary software or electronic copies of texts, data, media or images in disregard of copyright, licenses, or other contractual or legal obligations or in violation of law;
- safeguarding the integrity of computers, networks, software and data
- preserving information and data;
- upgrading or maintaining information technology resources;
- cooperating with law enforcement authorities in the investigation of suspected criminal activity.
4.2 The College may suspend or terminate the use of its computers and network systems when presented with evidence of a user's violation of College policies, or federal or state laws, or when it is necessary to do so to protect the College against potential legal liability. The College reserves the right to limit access to its information technology resources, and to remove or limit access to material stored on College information technology resources. The administration of the college reserves the right to review any material stored in files.
4.3 All users are expected to conduct themselves consistent with these responsibilities. Abuse of computing privileges may subject the user to disciplinary action as established by applicable College policies and/or collective bargaining agreements.
4.4 The College and users must recognize that all members of the College community are bound by federal and state laws pertaining to civil rights, harassment, copyright, security and other statutes governing use of electronic media. This policy does not preclude enforcement under such laws.
4.5 The college abides by the currently operative Michnet Acceptable Use Policy. Copies of this policy are available fro review in the North Central Michigan College Library.
4.6 All information services and features contained on this network are intended for the private use of its student and faculty patrons, and any commercial or unauthorized use of those materials in any form is expressly forbidden.
4.7 All information contained on North Central’s network and the Internet is placed here for general educational and informational purposes and is in no way intended to refer to or be applicable to any specific person, case, or situation.
4.8 The College does not warrant that the functions of this system will meet any specific service operational requirements or expectations that an individual may have nor shall it be liable for any indirect, incidental, or consequential damages (including lost data, information, or profits) sustained or incurred in connection with the use, operation, or inability to use the system.
4.9 All users of the network will release the College, its operators, information/network suppliers, employees, attorneys, agents, and any institutions with which North Central Michigan College is affiliated for any and all claims of any nature arising from an individual’s use or inability to use, the campus network and its Internet access.
5.0 Reporting Violations
5.1 Allegations of student conduct that is believed to violate this Acceptable Use policy should be reported in writing to the Vice President of Student Affairs. Allegations of faculty or staff conduct that is believed to violate this Acceptable Use Policy should be reported in writing to the appropriate vice president; either the Vice President of Instruction and Student Success, or the Vice President of Finance and Facilities. To ensure the fairness of any proceedings that may follow a reported violation, the individual filing the report should not discuss or provide copies of the allegations to others.
The Board of Trustees may revoke or revise this policy at any time and without notice.
7.0 Effective Date
7.1 This Policy is effective upon issuance.
December 16, 2003
North Central Michigan College will take appropriate action to protect the privacy of individuals, students and employees in its records and operations.
CAMPUS SECURITY SYSTEM
It is the policy of North Central Michigan College to operate and maintain a camera security system throughout campus. This system may be used internally or by any public safety agency for public safety purposes on campus.
EMPLOYEE CRIMINAL BACKGROUND CHECK
Beginning September 1, 2009, criminal background checks will be conducted on all newly hired employees.
RECORD RETENTION, DISPOSAL AND ARCHIVE POLICY
It is the intention of the College to retain college records in compliance with legal requirements, audit guidelines and sound business practices and to preserve and protect the history of the College.
College records are found in both paper and electronic formats; such as, legal contracts, vendor invoices, employment application, photographs, microfilm, digital images, e-mail messages and databases.
Financial, operational and historical records shall be maintained at a minimum, in accordance with departmental Record Retention and Disposal Schedules.
The College archive will consist of records and collections which are judged worthy of permanent preservation in order to facilitate general and historical reference and research.
REMOTE WORK POLICY
This policy outlines expectations for employees of North Central Michigan College who work remotely from home in lieu of working in the College’s offices. This policy was implemented in response to State of Michigan orders, rules, and guidelines related to the COVID-19 public health emergency, but the College may in its sole discretion extend this policy beyond the duration of such orders, rules, and guidelines. One of the purposes of this policy is to ensure that both employees and our College will benefit from these arrangements.
The College will promote remote work to the extent that such work can be completed in a feasible manner to meet a temporary need. Remote work, however, is not feasible for all positions or employees. Employees may work remotely on a continuous or intermittent basis depending on feasibility at the discretion of the College. Not all roles are suited to remote work because, for example, they require hands-on work or use of onsite resources. Employees’ remote work feasibility has been or will be assessed by the College. Such assessment has been or will be documented on the College’s Remote Work Determination Spreadsheet. After the College assesses a position’s or an employee’s responsibilities and duties, the affected employees will be informed whether and on what schedule they will be required to work in-person and/or remotely. All remote work must receive prior approval from the College’s Human Resources Department or other designated persons, as appropriate.
Remote work is not an employee benefit intended to be available to the entire organization nor permanently for any position. As such, no employee is entitled, or guaranteed the opportunity, to remote work. The College may terminate any employee’s approval to work remotely, with or without cause, upon notice to the employee. This Policy is not a contract of employment for any period of time or under particular circumstances and may not be construed as such.
Remote work employees must provide their primary working address to the College. Employees must have reliable cell phone and internet service at their remote work location. The College may inspect (remotely or in-person, depending on the circumstances) the remote work location for the purpose of ensuring compliance with this policy, determining that the site is safe and free from hazards, and to maintain, repair, inspect, or retrieve College equipment, software, data or supplies.
Remote Working that Works
To ensure that employee performance will not suffer due to a remote work arrangement, remote workers must:
- Choose a quiet and distraction-free working space
- Have an internet connection that is adequate for their job and ability to gain access to the College-required secure communication and secure information technology equipment and platforms.
- Dedicate their full attention to their job duties during working hours and not conduct personal business while on official duty at home.
- Make arrangements to work separately and without interruption if there are any other persons at home with you while you are working. If the employee has children at home who cannot care for themselves, the employee must have adequate childcare for them. Remote work is not intended to be a substitute for childcare arrangements. Instead, you may be eligible for leave to care for your children under certain circumstances, and should contact HR to request such leave.
- Adhere to all work schedules and meal and rest breaks agreed upon with their manager and in compliance with applicable law. Remote workers must place schedule deviations on their calendar and get advance approval from their supervisor to ensure accessibility. If a remote worker cannot work for any health-related or other personal reason, they must follow the College’s attendance notice and reporting procedures.
- Ensure their schedules overlap with those of their team members for as long as is necessary to complete their job duties effectively. Team members and managers should determine long-term and short-term goals. They should frequently meet (via phone or Zoom, etc.) to discuss progress and results.
- Consistently communicate in a timely, thorough and professional manner with coworkers and third parties
Compliance with Policies
Our remote employees must follow all College policies like their office-based colleagues. Examples of policies that all employees should abide by include, but are not limited to, the following:
- Social media
- Protection of College data and property
- Employee Code of Conduct
- Dress professionally when meeting in-person or by video with customers and fellow team members
- Anti-discrimination/Anti-harassment/Equal opportunity
- Attendance and leave policies
- Respectful workplace and anti-bullying policies.
Except as approved by your manager or supervisor in advance, you will work remotely [every day][on the following schedule remotely and the following schedule in the office], during your assigned work hours. Non-exempt employees must follow all applicable policies including, but not limited to, meal and rest breaks, requesting prior approval for overtime, and timekeeping. Off-the-clock work is prohibited, and all hours worked must be accurately reported. Remote workers must adhere to their usual workweek hours unless prior authorization for additional (or overtime) hours has been granted.
Equipment and Expenses
The College will provide our remote employees with equipment that is essential to their job duties, i.e., laptops, headsets and cell phones (when applicable). The College will install College required hardware or software to enable remote work when employees receive their equipment. Equipment or software that the College provides is College property, and the College retains ownership and control over such property. The College reserves the right to monitor the activity and content of such property including, but not limited to, internet use and emails, so employees should have no expectation of privacy. Employees must keep College property safe and avoid any misuse. Equipment provided by the College is for business purposes only. The remote worker must keep an inventory of all College property received and agree to take appropriate action to protect the items from damage and theft. Employees must take proper measures to secure College information, assets and systems. Falure to do so could result in disciplinary action up to and including termination of employment could occur.
Among other requirements, employees must:
- Keep their equipment password protected
- Secure their home wi-fi network with a required password
- Not allow others to use College equipment or access College information
- Store College equipment and information in a safe and clean space when not in use
- Follow all data encryption, protection standards and settings
- Refrain from visiting untrustworthy or suspicious sites
- Only download authorized software with prior approval
- Keep confidential information in locked file cabinets and desks
- If a shredder is not available at the remote location, all the College documents will be set aside and stored for future shredding at the College instead of throwing the College’s confidential or sensitive information in the trash
- All College policies on Information Technology and internet and technology use apply to working remotely.
Upon termination of employment or remote work, and at any earlier request from the College, all College property must be returned to the College.
The College will reimburse all remote workers for reasonable and necessary business-related expenses that are incurred due to remote work (e.g., internet, shipping costs). However, the College will not be responsible for any costs associated with repairs, remodeling, furniture or lighting for the home working space.
It is preferred that the College provide office supplies. Please send a request for offices supplies to [where] and the College will make the necessary arrangements to have those supplies delivered or packaged for pick up.
Employees must maintain their home working space in a safe manner, free from hazards. As a condition of permission to work remotely, the employee must verify that the facility to be used for working remotely is safe and suitable for the purposes of the employee’s work. The department supervisor or VP may deny an employee the opportunity to work remotely if the alternate worksite is at any time found to not be conducive to safe, productive work.
Injuries sustained by the employee in a home office location and in with the performance of his or her regular work duties are typically covered by the College's workers' compensation policy. Remote workers must notify the College of such injuries as soon as practicable.
When in-person meetings are required, they should not be held at any remote worksite. Rather, arrangements should be made to conduct such meetings at the College’s offices or at the vendor’s/customer’s location consistent with other applicable policies and procedures. The employee is responsible for injuries to family members and liable for any injuries sustained by visitors to his or her home worksite. If a remote vendor meeting is held at a home worksite without approval, disciplinary action up to and including termination of employment could occur.
The remote worker must determine, and is solely responsible for, their own tax or legal implications under IRS, state or local laws.
I have read, understand, and agree to abide by the terms of this remote work policy. I understand that I may be returned to work on site at the sole discretion of the employer.
Employee Name: ____________________
Employee Date: _____________________
Employee Signature: ____________________
Supervisor Name: ____________________
Supervisor Date: _____________________
RESIDENCE HALL CONTRACT INFORMATION
The contract is for the full, regular academic term or from the time of arrival until the end of the current term.
Leaving the College
A student who leaves the College during the term must follow the checkout procedure with the Director of Campus Housing’s office. Room charges terminate the Saturday following checkout day.
Students leaving the residence hall during the school year without a release from the contract continue to be liable for room charges, which accrue against their accounts.
A resident deciding during winter or spring breaks not to return to NCMC and the residence hall must notify the Director’s office by 5 p.m. the last day of registration. The student must also complete the checkout procedures. Those who fail to follow these procedures will be liable for room and board charges until they cancel their reservation.
Residents may not sublet open space in a room nor have permanent guests living in their rooms. Residents are allowed to have three guests signed in under their name at one time during the day. No more than two guests may stay in one room more than two nights per week. These privileges shall not be so construed as to permit people to “move in” for an extended period of time. The Director of Campus Housing reserves the right to remove any guest at his/her discretion. For further information on overnight guests, see the “overnight guests” section.
Residents who become incapacitated as a result of drinking, drug use, or a medical condition will receive proper emergency care when staff members become aware of their condition. Residents will be financially responsible for the costs of the medical care, including ambulance and/or hospitalization costs. Incapacitated students who are in violation of the College, local, state, or federal laws concerning alcohol and/or other drugs are subject to penalties as prescribed by the law. We have a ZERO TOLERANCE policy for drugs and alcohol at the NCMC Residence Hall. If you are a minor and caught with drugs or alcohol in or around the residence hall, the local police will be informed.
RESIDENCE HALL COURTEOUS AND QUIET HOURS
During courteous hours, noise in the Residence Hall must be kept within reasonable limits so that each resident may enjoy the right to undisturbed socializing, study, or sleep. The same basic common sense standards of courteous conduct that apply in society apply in the Residence Hall. Rowdiness, fighting, disrespect towards members of our community, vandalism, etc., will not be tolerated.
During quiet hours, stereos or other amplified sound shall not be heard beyond the confines of the individual’s room. The use of headphones is highly recommended. During quiet hours, no noise or other activities which can disturb others shall take place in the corridors or hallways. If you are socializing during quiet hours, the use of the game room is highly recommended.
Guidelines establishing courteous and quiet hours include, but are not necessarily limited to, the following:
1. Courteous hours will be observed 24 hours per day, Sunday through Saturday.
2. Quiet hours are observed from 11 p.m. until 8 a.m. Sunday through Thursday, and from midnight until 10 a.m. on weekends.
Open Visitation and Guest Policy
Overnight guests of residents are welcome and are expected to abide by the same Residence Hall rules that apply to residents. Guests may not stay more than two nights without prior approval of the Residence Life Director. Residents should not leave their guests alone and assume responsibility for their guests’ actions. Guests who are caught with alcohol, drugs, or weapons will be removed from the Residence Hall promptly and the proper authorities will be called. The guest will not be permitted back into the Residence Hall.
Since the Residence Hall does not provide childcare or proper beds to house overnight infant guests, young infants may not stay overnight. All young infants must be accompanied by their parent or legal guardian.
The resident is responsible for the conduct of his/her guest and is accountable for his/her guest’s behavior. Any unregistered guests will be removed from the building.
RESIDENCE HALL FIRE SAFETY
The fire alarms are tested periodically to ensure that they work. The Residence Hall Staff will provide training and drills for the residents to aid in the rapid clearing of the buildings in an actual emergency. The rest is up to the resident.
1. Tour your floor and the hall to know the location of all floor exits, alarm boxes, and extinguishers. There is fire-fighting equipment on each floor.
2. Keep the building fire safe. Keep corridors clear. Keep fire doors closed. Each corridor entrance is protected by a special door which, in case of fire, will help prevent the fire and smoke from spreading. Do not prop these doors open! Limit room decorations to nonflammable materials. The residence hall is a fragrance-free zone; lighted candles and incense are not permitted. You may decorate around the outside of your hallway door, although no material of any sort may be attached to the door. Materials on the outside of your door may ignite from the heat on the inside of the door, resulting in a fire that may cut off the exit.
When damage is caused to Residence Hall property, those responsible pay for the cost of any replacements or repairs ensuing from the damage. In addition, when the damage is deliberate, those responsible are subject to disciplinary action by the College.
The failure of those causing the damage to assume responsibility not only shows a careless disregard for the rights of others but contributes substantially to the operational costs of the Residence Hall.
All Residence Hall facilities are financed from room and board payments. The College has been able to make present rates possible by expecting the students to assume financial responsibilities for any damages they may cause rather than distributing the costs to all residents. The College makes every attempt to be fair in assessing damages and charges.
Please refer to the College’s Tobacco-Free Policy:
North Central Michigan College (“the College”) is dedicated to maintaining a healthy work and learning environment for all students, employees and visitors. While the College already prohibits smoking inside its buildings and facilities, beginning on the 1st day of August 2011, the policy will expand to prohibit tobacco use in all outdoor locations owned or controlled by the College. Smoking is allowed only on the inside of individual automobiles. Use of tobacco is allowed outside for religious or instructional purposes.
Specifically, this policy is intended to eliminate the potential for exposure to second-hand smoke and encourage a healthy lifestyle for employees and students. For purposes of this policy, tobacco is defined as any tobacco product, including e-cigarettes and smokeless or spit tobacco.
Firearms, paintball guns, bow and arrows, ammunition, fireworks, gasoline, and other combustible or explosive items are not permitted in the residence halls.
Safety rules and specific instructions will be given by the hall staff. If you become aware of a weather condition, notify an R.A. or the Hall Director, and he/she will let you know what to do. Always listen to and follow instructions of a staff member. Remaining calm is the key in any given situation.
The College does not carry insurance on personal property and, in most cases, students away from home are not included in their parent’s policies. We recommend that you have your own personal property insurance or have it added to that of your parents.
ROOM ENTRY POLICY
The College is respectful of and committed to the protection of the student’s right to privacy. The College also has responsibility to ensure that the welfare of people on campus, the educational and service functions of the College, and the property of the College receive adequate attention and protection. To these ends, the Room Entry Policy is established.
1. Residence Hall staff shall not enter a resident’s room without permission of the resident, unless under conditions of immediate and serious threat to the safety or well being of persons or property or for reasons stated in this policy. Under such conditions, a staff member may enter a student’s room whether the residents are present or not. If it is believed such danger is connected with fire, chemicals, explosives, weapons, or other items that would cause serious personal problems of injury, the staff member should, if possible, contact the Petoskey Department of Public Safety for assistance. The same procedure is prescribed if the danger involves assault or other acts, which constitute possible jeopardy to persons or property. Others (staff or students) may be asked to assist in an emergency situation requiring room entry, which threatens immediate harm to the safety of the individual(s).
2. Staff may also enter into a student’s room if the student is not present, to eliminate disruptive noise from electrical sound equipment which may violate an individual’s rights as defined in the Courteous and Quiet Hours section of this guide.
3. Entry of police officers into a student’s room for purposes of investigation is governed by state and federal law. This includes, but is not limited to, officers in possession of a valid search/arrest warrant, hot pursuit. a safety emergency, or when a police officer has probable cause to believe a felony has been committed by a student.
4. Residence Hall staff shall not, except as noted in paragraphs one, two, and three, admit a third party to a student’s room without a resident’s permission.
1. Staff is not to physically search a room under any circumstances.
2. A search of a student’s room by the police for investigative purposes is governed by state and federal law. This includes, but is not necessarily limited to, search with a search warrant, search where the student has waived his/her rights, thereby permitting police search or a search of the immediate area of an arrested subject.
If upon entering a room through the permission of a resident, a staff member observes a violation which constitutes an immediate threat to health, safety, and welfare, e.g. firearms, combustibles, or explosives, the staff member should request the advice of the Hall Director. Subsequently, the student may be referred for disciplinary and legal action.
Water fights, wrestling, and other rough play often result in serious injuries to those participating and to bystanders. People responsible for any damages caused by any rough play will be held accountable. Rough play is not allowed in the residence hall.
RESIDENCE HALL STUDENT GRIEVANCE PROCESS
While attending North Central Michigan College, students sometimes have misunderstandings or experience difficulty with a College employee. When students feel they have been treated unfairly and believe that one or more of their student rights have been violated, they can pursue a remedy or solution to the problem through the Student Grievance Process. There are separate policies that address the following issues, please refer to them in this handbook:
- Academic Dishonesty
- Grade Appeal
- Student Code of Conduct Violation
- Sexual Harassment
As used in these procedures, “days” shall mean actual school days during which the College is in session and regular classes are held; Saturdays, Sundays and holidays are not included.
Informal Grievance: Level 1
Student is required to meet with staff member(s) and/or immediate supervisor of the staff member(s) in an attempt to mutually resolve the matter. This discussion must take place within ten (10) days of the alleged incident.
Formal Grievance: Level 2
If the matter is not resolved satisfactorily on the Informal Grievance: Level 1, either party may proceed to the Formal Grievance: Level 2. Within five (5) days of completion of the informal procedure, and not later than fifteen (15) days from the date of the alleged incident, the student may choose to file a Student Grievance Form, which is available in the student portal. The appropriate Vice President will investigate the allegation and determine if a hearing is necessary. The Vice President of Instruction and Student Success is responsible for issues involving faculty and that are academic in nature. The Vice President of Finance and Facilities is responsible for employees in that division. All other student-initiated concerns fall under the Vice President of Student Affairs. If a hearing is necessary, the student may exercise one of two options.
- The student may proceed to a Judicial Committee, which will be responsible for making a decision and forwarding it to the Vice President for implementation;
- The student may request that the appropriate Vice President handle the case. The Vice President shall decide the case within ten (10) days of the Student Grievance Form being filed.
The Judicial Committee will be composed of three full-time College employees and two students and will be appointed by the Vice President. The Vice President will appoint one of the employees to chair the hearing. The members of this committee must have no vested interest in the matter. The Vice President shall not sit on this committee. The Judicial Committee shall meet within ten (10) days of the Vice President’s appointment.
Formal Grievance: Level 3
The decision of the Judicial Committee may be appealed to the Vice President. This appeal must occur, in writing, within five (5) days of the Committee’s decision. The decision of the Vice President shall be final and shall be communicated within seven (7) days of receipt of the appeal.
If the student requests the Vice President to handle the case, he/she may appeal to the President, in writing, within five (5) days of the Vice President’s decision. The decision of the President shall be final and will be given in writing within seven (7) days of receipt of the appeal. This represents the conclusion of the appeal process.
Revised 4/02, 8/18
STUDENT HOUSING POLICY
North Central Michigan College, in its housing policies, seeks to provide an educational environment which is maximally conducive to the learning process of students. Consistent with this philosophy, a variety of living options are available in College housing. The College is required to promote an optimum learning and social environment for residents. Residents must be enrolled in nine credit hours or more at North Central Michigan College for the term of occupancy, and are subject to the College’s housing regulations. Compliance with the College housing policy is a condition of occupancy. Regulations and procedures are developed by appropriate administrative offices to ensure that this policy is implemented.
College housing contracts are in effect for the period stated in the term of the contract.
It is assumed that NCMC students are adults capable of self-discipline. In cases where this is not so, infractions of listed rules and policies will be dealt with individually by the RA and then by the Residence Life Director. Serious violations of rules, or repeat offenders, will be referred to the Vice President of Student Affairs for final action.
The policies in this guide and the rules in the housing contact are designed to protect the rights of all who live in the Residence Hall.
College policy prohibits the consumption of alcohol beverages in our Residence Hall. Regardless of your age, you are not permitted to bring alcoholic beverages into the Residence Hall. Infractions of this policy may result in your prompt removal from the Residence Hall. We have a zero tolerance policy at NCMC.
STUDENT RESIDENCE HALL ROOMS: NON-FRATERNIZATION
It is the policy of North Central Michigan College that no faculty or other staff member may fraternize or socialize with any student in any student room in the College Residence Hall. Visits by faculty/staff members with students at the Residence Hall must be conducted in public areas, such as the lobby. Staff presence in student living quarters in the Residence Hall is permitted only to the extent necessary to perform necessary maintenance activities or other job duties, and shall in such circumstances be subject to the express permission/request of the student(s) in question. This policy is inapplicable to staff members who are parents of residence hall students.
VIOLATIONS IN THE RESIDENCE HALL
Warning by the Director of Campus Housing or Resident Advisor.
Residence Hall probation for the entire semester. A letter will be placed in the student and Residence Hall file.
The Director of Campus Housing and the Vice President of Student Affairs will recommend that Residence Hall living is not in the interest of the student, the Residence Hall environment, or the College, and the resident’s contract will be terminated and refused in the future.
Noise which disturbs other residents is not permitted. Upon request, the resident is expected to reduce the noise and keep it from disturbing others. Late-night gatherings in students’ rooms, that disturb other residents, will be asked to cease, and students will be asked to leave the room. Failure to respect and follow this policy will result in the review of your Residence Hall contract and discipline through the Director of Campus Housing Office.
No pets are allowed in the Residence Hall. College ordinance forbids having any animals in the students’ rooms. Goldfish and small aquariums (not over 10 gallons) are permitted. Exceptions from this rule are made for accommodations approved through Learning Support Services (i.e., service/emotional support animals).
Direct Network/Internet Connection
NCMC Residence Halls
A high-speed direct connection to the NCMC on-campus network and to the Internet has been made available to you in your residence hall room. This service is provided to you in order that you may use the network to support your academic studies. There are specific policies and guidelines which govern your use of this network connection. You are asked to sign, along with this form, ALL other policy forms in order to be granted a direct connection to NCMC's on-campus network. Please bring a valid driver's license or similar acceptable photo ID with you to register.
Not all typical Internet services are available on this high speed connection. Some services have been intentionally disabled (such as telnet and ftp). Some services are available only by dial-up. A dial-up account is also provided for you to access other services; you must also sign the NCnet Registration Form to have this dial-up account.
You must provide your own NCMC-approved network card and network connection cable (from your PC to the network outlet). NCMC is not responsible for any damages you may incur while physically connected to the network. NCMC does not provide installation of networking devices on your personal computer.
I,____________________________________________________ (print name), have signed the NCnet Registration Form, the Campus Network and Internet Access Acceptable Use Policy, the North Central Campus Network and Internet Access Terms and Conditions, and the MichNet Policies forms. I agree to abide, at all times, by the policies of use. I understand that failure to do so may result in my suspension or expulsion from the College (NCMC), or, possible criminal prosecution.
Signature:_____________________________________________ Date: ___________________
Administrative Use Only:
RH Room Number: ______________________
MAC Address: __________________________
Intake Staff Member’s Name: ______________
A Few Words About Copyright:
NCMC abides by the provisions of the 1976 Copyright Act of the United States, its subsequent updates, and the Digital Millennium Copyright Act. Violations of the Acts can and will result in criminal prosecution and severe fines. It is:
- Illegal to copy, download, upload and distribute copyrighted materials such as books, magazine articles, music (MP3s, WMAs, CDs), software (Microsoft Word, Quicken, Adobe Photoshop), and copyrighted videos (MTV videos, DVDs, network broadcast programs) via any electronic means unless specific, WRITTEN permission of the author or authorized author's agent has been granted/obtained.
- Illegal to use the NCMC network to download, use or distribute such unauthorized copyrighted materials, or to offer such materials for distribution via a "server" or other electronic means.