Student Rights, Responsibilities, and Standards of Conduct

Guarantee for Associate of Arts/Associate of Science Degree

North Central Michigan College will refund the cost of a course’s tuition to an associate of arts or associate of science graduate for any specific North Central course that was part of the graduate’s AA or AS degree program at North Central and the course fails to transfer to an accredited four-year institution if all of the following conditions have been met:

1. The course has been defined by North Central as a liberal arts and science course (excluding mathematics below the College Algebra level);
2. The course has been determined by the regionally accredited senior institution to be transferable; and
3. The course has a final grade of “C” or higher.

To qualify, the student must:

1. Have earned an associate of arts or science degree after January 1, 2006.
2. Meet the admission criteria of the baccalaureate degree institution;
3. Transfer the course to a baccalaureate degree institution within four years of completing the course; and
4. Attempt to transfer no more than the maximum number of credits acceptable to the university from a two-year institution.

Students must recognize that “transfer of a course” does not necessarily equate with that course meeting a particular institution’s specific program or degree requirements.

Transferability comes in many forms: course-for-course equivalency, departmental credit and university credit. Audited courses are excluded from this guarantee.

Student Rights and Responsibilities

Drug-Free School Policy

1. 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, hallucinogens, 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.
2. 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.
3. Local law enforcement agencies will be notified if State underage drinking laws are violated.
4. All students are advised that conviction for 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, forfeitures of property and imprisonment.
5. 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.
6. Students interested in seeking alcohol or substance abuse counseling should contact one of the following agencies/sources, or check their local telephone directory for other counseling services in their area.

North Country Community Mental Health Services:
(231) 347-6701

Bay Area Substance Abuse Services (B.A.S.E.S.):
(231) 547-1144

Harbor Hall:
(231) 347-5511

Northern Michigan Substance Abuse Services:
(989) 732-1791

Northern Michigan Substance Abuse Services Access Line:
800-686-0749

Sexual Harassment Policy

It is the policy of North Central Michigan College to maintain a place of employment and education that is free of harassment in general, and especially harassment that is sexual in nature.

Sexual harassment, as summarized from E.E.O.C. guidelines, includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communications of a sexual nature when:

1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or grade; or
2. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working or educational environment.

The purpose of this policy is to communicate to all employees and students what constitutes sexual harassment in accordance with E.E.O.C. guidelines, to reassure employees and students that sexual harassment will not be tolerated, and to provide a procedure to investigate and resolve sexual harassment complaints.

This policy applies to all employees and students and will be administered by the Vice President of Finance and Facilities.

Procedure:

1. Report:  A person should report an incident of sexual harassment, including but not limited to, sexual assault, domestic assault, dating violence and stalking by speaking to a North Central employee.
2. Investigation:  The Vice President of Finance and Facilities, or a designated representative, will conduct a full, fair and impartial investigation of the allegation.
3. Findings and Determination:  Within twenty-one (21) days after the original submission of a Response to 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. 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. 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 the Complainant within the twenty-one (21) day time period together with a Notice informing the Complainant of a right to appeal the Determination to the NCMC President within five (5) days of the receipt of the Notice. Anything herein to the contrary notwithstanding, a Complainant has the right to appeal any Determination made hereunder to the NCMC President.
4. Appeal:  Either party may appeal the Investigative Hearing Officer’s Determination by filing a Notice of Appeal with the NCMC President within five (5) 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 which 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 five (5) 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.

Title IX prohibits retaliation against victims. North Central will take steps to prevent retaliation and will respond to any retaliatory acts with due diligence and discipline.

Personnel will be protected against reprisals for exercising the right to invoke this policy and also from false and/or unsubstantiated accusations.

Student Code of Conduct

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

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

Forms of Misconduct:

The following forms of misconduct will not be tolerated by the College:

1. Dishonesty, including knowingly furnishing false information to the College or a College officer whether verbally, in writing or by completing required forms. If a student is seeking a degree at North Central and fails to disclose that he/she has attended other academic institutions prior to his/her enrollment at North Central, he/she is violating the Student Code of Conduct standards and is jeopardizing his/her continued enrollment at North Central.
2. Academic Dishonesty is conduct, cheating or plagiarism or other forms of academic dishonesty including acquisition without permission of tests or other academic materials. Included are those students who aid and abet, as well as those who attempt such behavior. Plagiarism includes, but is not limited to, the use whether by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear attribution. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. Incidents of academic dishonesty shall be dealt with according to the procedures outlined in Academic Dishonesty Process.
3. Forgery, alteration or misuse of College documents, records or identification, or forging a College staff person’s name or initials.
4. Disruption or unauthorized interruption of college activities.
5. Conduct or expressions of a disorderly, obscene or sexually offensive nature contrary to generally recognized community standards of propriety or good taste.
6. Theft of, or damage to property of the College or a member of the College community or campus visitor.
7. Unauthorized entry to and/or use of College facilities and equipment. Also, possession of keys or duplication of College keys without proper authorization.
8. The distribution, use, possession or being under the influence of alcoholic beverages or illegal drugs or controlled substances on campus. Federal/State laws related to underage drinking/drug laws will be enforced with the assistance of appropriate authorities.
9. Disobedience of College officials or designated agents acting in the performance of their duty.
10. Any form of sexual misconduct including, but not limited to, the following:
    • Sexual Assault - any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation or coercion.
    • Domestic violence - a felony or misdemeanor crime of violence committed by - a current or former spouse or intimate partner of the complaining student;  a person with whom the complaining student shares a child in common; a person who is cohabitating with or has cohabitated with the complaining student as a spouse or intimate partner; a person similarly situated to a spouse of the complaining student under the domestic or family violence laws of the jurisdiction receiving grant monies (under VAWA), or any other person against an adult or youth complaining student who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
    • Dating violence - violence committed by a person who is or has been in social relationship of a romantic or intimate nature with the complaining student; and where the existence of such a relationship shall be determined based on a consideration of the following factors:  length of the relationship; type of the relationship; and the frequency of interaction between the persons involved in the relationship.
    • Stalking or Cyberstalking - engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.
    • Any form of harassment toward an individual or group of individuals.  NOTE:  The Elliott-Larsen Civil Rights Act defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature” when such “conduct or communication has the purpose or effect of substantially interfering with an individual’s education or creating an intimidating, hostile or offensive  educational environment.”
    • Consent - sexual activity requires consent, which is defined as voluntary, positive agreement between the participants to engage in specific sexual activity.  Consent must be clear and unambiguous for each participant at every stage of a sexual encounter.  The absence of “no” should not be understood to mean that there is consent.  A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, is not capable of giving valid consent.  The use of alcohol or drugs may seriously interfere with the participants’ judgment about whether consent has been sought and given.  Consent must meet all of the following standards:
    • Active, not passive.  Silence, in and of itself, cannot be interpreted as consent.  There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of not consenting.
    • Given freely.  A person cannot give consent under force, threats, or unreasonable pressure (coercion).  Coercion includes continued pressure after an individual has made it clear that s/he does not want to engage in the behavior.
    • Provided knowingly.  Legally valid consent to sexual activity cannot be given by:
      • A person under the legal age to consent (16 years old in Michigan,), or
      • An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated.  An incapacitated person is someone who cannot make rational, reasonable decisions because s/he lacks the capacity to understand the “who, what, when, where, why and how” of a sexual interaction.  This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.
    • Specific.  Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts.  It is the reasonability of the initiator of the act to receive permission for the specific act.  As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.
11. Tampering with Fire Fighting Equipment and Fire Drills. Pulling false fire alarms, tampering with or misusing fire alarm systems, interfering with firemen and tampering with or removing fire-fighting equipment are prohibited. All persons are expected to follow posted building evacuation procedures in the event of fires or fire drills.
12. Soliciting. Soliciting in campus buildings or on campus grounds is prohibited. Exceptions are made for ticket sales for campus functions only when approved by the Vice President of Student Affairs. Students are not allowed to use their residence hall rooms for any commercial purpose.
13. Gambling. Gambling of any kind is not permitted on the campus or at College sponsored events.
14. Use and/or misuse of the College computer system, facilities, hardware, software and all computerized information is prohibited in the following circumstance, including but not to be limited to:
    • Unauthorized entry into a file, whether to use, read, change or for any other purpose.
    • Unauthorized transfer of a file, including peer-to-peer file sharing.
    • Unauthorized use of another individual’s identification and password.
    • Use of computing facilities to interfere with the work of another student, faculty member or College official.
    • Use of computing facilities to send obscene or abusive messages.
    • Use of computing facilities to interfere with normal operation of the College’s computing system.
    • Use of computing facilities in a manner which violates state or federal copyright laws,
       e.g. unauthorized duplication of copyrighted or licensed software.
15. The possession or use of explosives, weapons, firearms, knives or fireworks.
16. Violation of Tobacco-Free Policy

Procedure for Student Code of Conduct Violations Except Sexual Misconduct

1. The Vice President of Student Affairs will investigate the allegation and determine if a hearing is necessary. Notification to the accused parties of the alleged violation will be made within 10 (ten) working days.The student may exercise one of two options.​​

• The student may proceed directly to a Judicial Committee, which will be responsible for making a decision and forwarding the decision to the Vice President of Student Affairs for implementation. The Vice President of Student Affairs will appoint a Judicial Committee composed of three full-time college employees and two students. 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 of Student Affairs shall not serve on this committee.
• If the student chooses not to contest the charge, he/she may waive the right of a Committee hearing and request the matter of penalty be determined by the Vice President of Student Affairs. ​

2. The Judicial Committee has the responsibility of hearing the charges against the student and reviewing the evidence. The hearing will take place within ten working days following the student’s receipt of the written charges. A verbatim record, such as an audio recording will be made of all hearings. This record remains the property of the College. Within one working week following the hearing, the Committee will submit its final decision (in writing) to the Vice President of Student Affairs.
3. The Vice President of Student Affairs will implement the Committee’s decision which may include sanctions imposed on the student. The Vice President will then inform the student of the decision within three working days of the receipt of the Judicial Committee’s decision.
4. Appeal Procedure: The accused student shall receive written notification of the outcome of the hearing (or meeting with the Vice President of Student Affairs) as well as any sanctions or referrals if required. The accused student has the right to appeal. Written appeal must be received by the Vice President of Student Affairs within 10 (ten) working days of the date of the written notification of Judicial Committee hearing, or to the President of the College if the hearing was conducted by the Vice President of Student Affairs.

Disciplinary Actions:

Violations of the Student Conduct Standards are subject to disciplinary action. After considering information presented at a hearing, the Vice President of Student Affairs or the Campus Judicial Committee will make a decision as to guilt or innocence. In the case of a “guilty” decision, the Vice President of Student Affairs or the Campus Judicial Committee will determine the appropriate sanction. Appropriate action may include, but is not limited to:

1. Warning:  A “Warning” is an official reprimand which expresses College dissatisfaction with the student’s conduct and which clarifies expected behavior in the future.
2. Probation:  “Probation” status indicates that any violation of Student Code of Conduct Standards within the probationary period shall result in more severe disciplinary action against the student that could include suspension from the institution. Probation in itself does not carry with it any restrictions; but, in addition to probation, it is possible for a student to be required to complete a work assignment, make restitution or be prohibited from holding an office or representing the College in any activity.
3. Removal from a course:  If “Removal From a Course” occurs, a student may continue to attend other classes, but may not resume attendance in the course from which he or she has been removed. In the event a student is removed from a course, he or she will be given either a withdrawal or a failure in accordance with the College’s course withdrawal policy.
4. Suspension: “Suspension” is an action that separates the student from the institution for a definite period of time (days, weeks, semesters, etc.) Such action will specify the conditions required for readmission, as well as the date the student will be eligible to return.
5. Expulsion:  An action that permanently separates the student from the institution.
6. Specific Orders:  Is an action which may stand alone or be issued with another sanction. Specific orders may include, but are not limited to, performance or nonperformance of specific acts, loss of certain privileges, payment of fines and/or restitution

Interim Suspension

1. Interim suspension may be imposed only:​​

• To ensure the safety and well being of members of the college community or preservation of college property.
• To ensure the student’s own physical or emotional safety and well being.
• ​If the student poses a definite threat of disruption or interference with the normal conduct of operations of the College.​

2. During the period of interim suspension the student shall be denied access to the campus (including being barred from classes) and/or all other college activities or privileges for which he/she might otherwise be eligible as the Vice President of Student Affairs may determine to be appropriate.
3. The interim suspension shall continue until the student’s due process procedures are complete. The hearing for this matter should be held as soon as is practicable.

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 1^st 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.

A complete description of North Central’s due process procedures, disciplinary actions, forms of misconduct, and penalties appears on the North Central website, www.ncmich.edu.