CAMPUS POLICIES AND PROCEDURES
In reading the following information, please be mindful of the fact that North Central State College is located on a campus that is open to the public, that the College maintains an “open door” admission policy, and that the College serves students from a variety of counties in Ohio.
The federal Campus Sex Crimes Prevention Act requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student.
Information regarding individuals who are required to register as sex offenders can be obtained from the following sources:
The Ohio Bureau of Criminal Identification and Investigation, with the assistance of the office of the Ohio Attorney General, has created a public database on the Internet called Electronic Sexual Offender Registration Notification or e-SORN. The e-SORN database can be accessed at http://www.esorn.ag.state.oh.us/Secured/p1.aspx.
According to a statement released 12-18-03 by State Attorney General Jim Petro, “users who visit e-SORN will find the name, address, type of offense and photo of each convicted sex offender that the Attorney General's office is permitted by law to include. The website is searchable by offender name, county, zip code and school district. It also provides links to county sheriff's offices websites. By law, the e-SORN public website may only contain information on offenders who have been convicted in adult criminal court.”
County Sheriff’s Offices:
North Central State College is located in Richland County:
Only in extremely rare circumstances will the College close due to inclement weather. There will be a number of times when the public schools might close, but the campus will remain open. Also, the campus might close only for morning classes and reopen for afternoon and evening classes. In the event of a forced cancellation, announcements will be made on every major radio station surrounding the five or six county area. The stations will be notified by 7 a.m. Students are encouraged not to call the College switchboard, but instead, listen carefully to the announcement for specific instructions on your local radio or television stations. Also, if the college closes, NC State will post an announcement on Twitter at "tweetsatncsc.”
North Central State College computer and network resources are privileges provided to conduct the legitimate business of the College and to support the mission of the institution. The purpose of this statement is to outline the policies and procedures that promote the security and integrity of the College’s computer systems and the information contained on those systems and that provide a framework for responsible access to computing resources. The President of the College, the Vice President for Academic Services, deans, or instructors may elect to impose additional requirements or restrictions. North Central State College extends these principles and guidelines to systems outside the College which are accessed via the College’s facilities. Computing or network providers outside of North Central State College may impose their own additional conditions of appropriate use, for which users at North Central State College are responsible. A complete copy of the North Central State College Computer and Network Resource Use Policy is available for review in the Office of Human Resources.
North Central State College is committed to providing an environment that emphasizes the dignity and worth of every member of its community and that is free from harassment and discrimination based upon race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation. Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connection among all people at the College. Acts of discrimination, harassment, sexual misconduct, stalking, and retaliation will be addressed consistent with this policy.
Consistent with state and federal law, reasonable accommodation will be provided to persons with disabilities.
It is important that members of the College community understand that the law does not just prohibit discrimination and harassment of employees by employers. The law also prohibits discrimination and harassment between members of the College community more generally: for example, between an instructor and a student, between two students, or between a student and an applicant or campus guest. The policy applies in all College programs and activities, including, but not limited to, discrimination in athletics, instruction, grading, college housing, and college employment. In addition, the law prohibits retaliation against an individual for opposing any practices forbidden under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment. It is central to the values of the College that any individual who believes they may have been the target of unlawful discrimination or harassment feel free to report their concerns for appropriate investigation and response, without fear of retaliation or retribution.
This policy shall not be construed or applied to restrict academic freedom at the College, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.
All complaints or any concerns about conduct that may violate this policy and retaliation should be filed with the College’s Title IX Coordinator (“EO”):
Title IX Coordinator
Upon receiving a complaint, the EO will follow the procedures described in the Discrimination Grievance Procedures. Important Note! Please do not wait to report conduct of concern until harassment becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The Title IX Coordinator, designees, and other College officials can take proactive steps to prevent harassment from continuing and perhaps escalating and to protect or otherwise assist the person harassed. For example, the College can arrange for no-contact orders, counseling and changes in class schedules, living arrangements, class requirements, and testing schedules as needed. The EO office and designees can also provide expertise and advice to help identify conduct that might be a warning sign of or constitute sexual harassment or hostile environment harassment prohibited by this policy and address any concerns or complaints appropriately.
Harassment violates this policy when it creates a hostile environment, as defined in Section b, below.
Harassment that creates a hostile environment (“hostile environment harassment”)violates this policy.
A hostile environment can be created by anyone involved in a College program or activity (e.g., administrators, faculty members, students, and even campus guests). Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:
Consent is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Silence does not necessarily constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.
Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus. Allegations of off-campus sexual misconduct are of particular concern and should be brought to the College's attention.
In order to enable the College to respond effectively and to stop instances of sex-based discrimination, sexual harassment and sexual misconduct involving students at the College proactively, all College employees must, within 24 hours of receiving the information, report information they have about alleged or possible sex-based discrimination, sexual harassment, and sexual misconduct involving students to the EO. Employees who are statutorily prohibited from reporting such information are exempt from these reporting requirements, including licensed health-care professionals. Please note that this policy does not reach curriculum or in any way prohibit or abridge the use of particular textbooks or curricular materials.
Upon receiving a report of alleged or possible sex-based discrimination, sexual harassment, or sexual misconduct, the EO will evaluate the information received and determine what further actions should be taken. The EO will follow the procedures described in the Discrimination Grievance Procedures. The EO will take steps, either directly with the complainant or through a reporting employee, to provide information about the College’s Discrimination Grievance Procedures, as well as available health and advocacy resources and options for criminal reporting.
Violations of this policy will be addressed through the Discrimination Grievance Procedures. Consequences for violating this policy will depend upon the facts and circumstances of each particular situation. Sanctions and Corrective Action could include: a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, a reprimand, a no-contact order, denial of a merit pay increase, reassignment, suspension or termination. The severity of sanctions or corrective action will depend on the frequency and severity of the offense and any history of past discriminatory, harassing or retaliatory conduct. A finding of discrimination, harassment that creates a hostile environment or results in a tangible employment or educational action, or sexual misconduct may be cause for disciplinary action, up to and including the discharge of employees and the expulsion of students, in accordance with applicable College procedures. The College may also take appropriate action if it does not find discrimination or harassment that creates a hostile environment or results in a tangible employment or educational action, but (a) the College found that the respondent engaged in disruptive behavior or (b) to prevent the creation of a hostile environment.
The College strongly encourages students to report instances of sex-based discrimination, sexual harassment, and sexual misconduct involving students. Therefore, students who report information about sex-based discrimination, sexual harassment, or sexual misconduct involving students will not be disciplined by the College for any violation of the College’s drug or alcohol possession or consumption policies in which they might have engaged in connection with the reported incident.
The College recognizes and protects full freedom of inquiry, teaching, research, discussion, study, publication, and for artists, the creation and exhibition of works of art, without hindrance, restriction, equivocation, or reprisal. This right extends to other facets of campus life to include the right of a faculty member or student to speak on general educational questions or about the College. In addressing all complaints and reports under this policy, the College will take all permissible actions to ensure the safety of students and employees while complying with free speech requirements for students and employees. While the College will protect students’ and employees’ rights against sex discrimination under this policy, this policy does not apply to curriculum or in any way prohibit or abridge the use of particular textbooks or curricular materials.
If you filed a complaint with the EO and believe the College’s response was inadequate, or you otherwise believe you have been discriminated against by the College on the basis of race, color, national origin, sex, including sexual harassment, disability, age, or retaliation, you may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education or the Educational Opportunities Section (EOS) of the Civil Rights Division of the U.S. Justice Department of Justice, and a complaint based on religion with EOS of the U.S. Justice Department.
As a student or employee, if you filed a complaint with the EO and believe the College’s response was inadequate, or you otherwise believe you have been discriminated against by the College on the basis of race, color, national origin, sex, including sexual harassment, disability, age, religion, creed, pregnancy, marital status, familial status (housing only), or political beliefs, or retaliation, you may file a complaint with the Ohio Civil Rights Commission.
The College’s Safety and Security Annual Report of on-campus crime statistics now includes forcible and non-forcible sex offenses, in lieu of the single category of rape used on previous reports, in compliance with the Campus Security Act.
Copies of the Safety and Security Annual Report (required by the Student Right-to-Know and Campus Security Act of 1990) which details on-campus crime statistics for the three previous calendar years may be obtained at the College’s Campus Security Office located in Reidl Hall, Room 161.
Crime prevention materials concerning personal safety on campus, rape and date or acquaintance rape will be available at the Campus Security Office located in Reidl Hall, Room 161.
During the academic year, the Campus Security Office and the Office of Student Services may provide sex crime prevention information through campus publications and by direct presentations to student groups on request.
The College does offer counseling services to its students. Those students needing counseling can contact the Student Success Center at (419) 755-4764. Additional counseling services are also available through the Richland County Prosecutor’s Office’s Crime Victims Division at (419) 774-5676.
Policy No. 3357:13-15-02
Effective: May 1, 2014
The purpose of these procedures is to provide a prompt and equitable resolution for complaints or reports of discrimination based upon race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation. Any person believing that they have been subjected to discrimination or harassment on any of these bases may file a complaint or report with the College. These procedures address all complaints or reports of alleged discrimination or harassment, including conduct that violates the Discrimination, Harassment, Sexual Misconduct, Stalking and Retaliation Policy (hereinafter referred to as “Policy Violations”). The procedures also address complaints or reports of retaliation against those who have opposed practices forbidden under the policy, those who have filed complaints or reports under the policy, and those who have testified or otherwise participated in enforcement of the policy.
Complaints and third-party reports of discrimination, including Policy Violations, should be made to the Title IX Coordinator (“EO”). The EO staff members are trained to help you find the resources you might need, to explain all reporting options, and to respond appropriately to conduct of concern. All instances of retaliation should be reported and will be addressed in the same manner. The contact information for the EO is listed below.
Title IX Coordinator
North Central State College
Fallerius Technical Education Center
2441 Kenwood Circle
Mansfield, OH 44901
Complaints and reports should be made as soon as possible after an incident. The EO coordinates and tracks all complaints and reports under this procedure.
There are several avenues available for submitting a complaint or report:
If there is a complaint about the EO or any staff member that is part of the EO Office, or if the EO or EO staff has a complaint, that complaint should be filed with the President of the College. The President will appoint another trained individual to take the place of the EO for purposes of the complaint.
Please remember that if someone is in immediate danger or needs immediate medical attention, the first place to report is 911. You may also report to the College’s Campus Security (dial 419-755-4346), or to the Mansfield Police Department. Some forms of discrimination and harassment may also be crimes. For example, sexual assault, stalking and rape are crimes. Criminal reports should be made to law enforcement, even if it is uncertain whether the particular conduct is a crime. Calling local law enforcement can help you: Obtain emergency and non-emergency medical care; get immediate law enforcement response for your protection; understand how to provide assistance in a situation that may escalate to more severe criminal behavior; arrange a meeting with victim advocate services; find counseling and support; initiate a criminal investigation; and answer questions about the criminal process.
In order to preserve any physical evidence of a sexual offense, victims of sexual assault are urged not to bathe, shower, use any feminine douche or change clothing. Such victims should go immediately to a medical facility of their choice to receive medical treatment if needed and to insure that the appropriate examinations are conducted to collect the necessary physical evidence of the assault. (3) The cost of medical treatment or examination of the victim of a sexual assault for physical evidence shall be charged to the political sub-division where the offense occurred (Ohio Revised Code Statutes 2907.28 and 2907.29). There is no cost to the crime victim for such medical treatment or examination in Ohio.
Parties in these processes, including the Complainant, the individual accused of a Policy Violation (“Respondent”), and witnesses, have privacy rights and reasonable expectations of confidentiality in the investigation of matters subject to this procedure. In addition, the integrity of the process depends on ensuring reasonable expectations of confidentiality. The EO will keep confidential the complaint, report, witness statements, and any other information provided by the Complainant, Respondent, or witnesses and will disclose this information only to the Complainant, Respondent, or witnesses, as necessary to give fair notice of the allegations and to conduct the investigation; to law enforcement consistent with state and federal law; to other College officials as necessary for coordinating interim measures or for health, welfare, and safety reasons, and to government agencies who review the College’s compliance with federal law. The investigation report and any written decision from the Discrimination Grievance Committee will be disclosed only to the Complainant, Respondent, EO, Discipline Authority1 as necessary, and College officials as necessary to prepare for subsequent proceedings (e.g., College President and College Legal Counsel). Members of the Discrimination Grievance Committee have the same strict obligations to keep all information they learn confidential, subject to the limited exception when necessary to protect health, welfare or safety. Information about complaints and reports, absent personally identifiable information, may be reported to College officials and external entities for statistical and analysis purposes pursuant to federal and state law and College policy.
The EO accepts anonymous and third-party reports of conduct alleged to violate this Policy and will follow up on such reports. The individual making the report (Reporter) is encouraged to provide as much detailed information as possible to allow the EO to investigate and respond as appropriate. The EO may be limited in the ability to investigate an anonymous report unless sufficient information is furnished to enable the EO to conduct a meaningful and fair investigation.
The EO is charged with coordinating the College’s compliance with federal civil rights laws, all of which are listed at the end of these Procedures. The EO is not an advocate for either the Complainant or the Respondent. The EO will explain to both parties the informal and formal processes outlined below and the confidentiality provisions as outlined above. Where appropriate, the EO will provide to both parties information about options for obtaining medical and counseling services; information about making a criminal report, information about receiving advocacy services, information about other helpful campus and community resources. The EO will offer to coordinate with other campus officials, when appropriate, to implement interim remedial measures such as no-contact orders, rearrangement of living arrangements, or academic accommodations. The EO will describe the process of a fair and impartial investigation. The EO will explain the right of the Respondent to review and respond to allegations and evidence against him or her. The EO will explain to both parties their rights to have a person of support with them during their interviews and during the hearing stage of these procedures. If an individual does not want to pursue a complaint, the EO will inform the individual that the College is limited in the actions it can take without the cooperation of the individual. The EO will also explain to parties and witnesses that retaliation for reporting alleged violations of the policy, or participating in an investigation of an alleged violation, is strictly prohibited and that any retaliation should be immediately reported and will be promptly addressed.
The College may take interim measures to assist or protect the parties during the grievance process, as necessary and with the Complainant’s consent. Such measures for a student Complainant may include arranging for changes in class schedules or living arrangements, issuing a no-contact order, obtaining counseling, and modifying test schedules or other class requirements temporarily. For an employee Complainant, the College may temporarily reassign or place on administrative leave an employee alleged to have violated this policy.
If a Complainant chooses to file a complaint, there are two avenues for resolution of an alleged Policy Violation: formal and informal resolution. The Complainant has the option to proceed informally, when permissible. In cases involving allegations of sexual assault, informal resolution is not appropriate, even if both the Complainant and Respondent indicate a preference for informal resolution.2 The EO is available to explain the informal and formal resolution procedures.
If the Complainant, the Respondent, and the EO all agree that an informal resolution should be pursued, the EO (or her/his designee) shall attempt to facilitate a resolution of the conflict that is agreeable to all parties. Under the informal process the EO shall be required only to conduct such fact-finding as is useful to resolve the conflict and as is necessary to protect the interests of the parties, the College and the community. Typically, an informal investigation will be completed within twenty (20) days of receipt of the complaint. If it becomes necessary to extend the process, both parties will be notified of a revised expected resolution timeframe.
A Complainant or Respondent always has the option to request a formal investigation. The EO also always has the discretion to initiate a formal investigation. If at any point during the informal process, the Complainant, the Respondent, or the EO wishes to cease the informal process and to proceed through formal grievance procedures, the formal process outlined below will be invoked.
The informal resolution must adequately address the concerns of the Complainant, as well as the rights of the Respondent and the overall intent of the College to stop, remedy and prevent Policy Violations. (Informal actions might include, but are not limited to: providing training to a work unit; having an informal discussion with an individual whose conduct, if not stopped, could rise to the level of discrimination, or hostile environment harassment; or having a confidential conversation with a supervisor or instructor).
(EO refers to the EO or trained designee.)
Step 1: EO discusses concerns with Complainant, and the Respondent as appropriate, including providing information about the policy and procedures and other helpful resources. EO also considers whether immediate or interim actions or involvement of other College offices is appropriate. EO determines whether the office has jurisdiction to investigate the matter. The EO only has jurisdiction to investigate complaints alleging discrimination, harassment, sexual misconduct, stalking, and retaliation.
Option 1: If the EO determines that there is no jurisdiction, the EO will offer to assist the Complainant and, as appropriate, the Respondent, in finding appropriate campus and off-campus resources for addressing the issue of concern.
Option 2: If the EO determines that there is jurisdiction, the EO will proceed to Step 2.
Step 2: EO conducts or oversees the conducting of a fair and impartial investigation of the alleged Policy Violation and proceeds to Step 3. Typically an investigation will be completed within twenty (20) days of receipt of the complaint. If it becomes necessary to extend the process, both parties will be notified of a revised expected resolution timeframe.
Only a trained investigator will conduct an investigation. Respondents will have the opportunity to review and respond to evidence considered against them. Both parties will have the opportunity to review and provide comments to the investigator about the written investigation report before it is finalized.
Step 3: EO determines whether there is a preponderance of the evidence to believe that an individual engaged in a Policy Violation. This means that individuals are presumed not to have engaged in alleged conduct unless a “preponderance of the evidence” supports a finding that the conduct has occurred. This “preponderance of the evidence” standard requires that the evidence supporting each finding be more convincing than the evidence in opposition to it.
In making the determination of whether harassment has created a hostile environment, the EO will consider not only whether the conduct was unwelcome to the Complainant, but also whether a reasonable person in the Complainant’s situation would have perceived the conduct as objectively offensive. The EO’s findings will be in writing and will be provided to both the Complainant and to the Respondent(s).
Option 1: If EO finds a preponderance of the evidence of a Policy Violation does not exist, the matter is documented and closed; in this case the Complainant may appeal the finding to the Discrimination Grievance Committee.
Option 2: If EO finds that a preponderance of the evidence of a policy violation exists, the EO’s written report will include recommendations for steps to take to prevent recurrence of any such violation, and as appropriate, remedies for the Complainant. The Respondent may appeal the finding to the Discrimination Grievance Committee. If the Respondent does not contest the finding, the Respondent will be required to sign the written finding and the written finding will be provided to the Discipline Authority for a determination of appropriate sanctions. In the case of student Respondents, the Discipline Authority will be the Dean, Student Services and Enrollment Management. In the case of employees, the Discipline Authority is the College administrator with the authority to impose sanctions in accordance with applicable employment policies and procedures. The Discipline Authority must inform the EO of the ultimate sanctions imposed upon a Respondent. The EO will inform the Complainant of the sanctions as permitted by applicable Title IX and privacy laws.
The Vice President of Academic Services is charged with imposing sanctions on students who are found to have violated the policy, and a College administrator with the authority to impose sanctions in accordance with applicable employment policies and procedures is charged with imposing sanctions on employees who are found to have violated this policy, even when the conflict is resolved through the informal resolution step in either instance. Sanctions for students may include eviction from campus housing, suspension, expulsion, probation, a warning, or any other sanction set forth in the Student Conduct Code. Sanctions for employees may include suspension, termination, or any other sanction set forth in the Corrective Action policy. Disciplinary records for policy violations are maintained in the same manner as other disciplinary records.
If a reporter or Complainant requests that an investigation not be conducted, the EO will consider the reasons for the request, including concerns about continued safety of the person reportedly harmed and members of the campus community. The EO must also balance considerations about the continued health and safety of members of the community against a reporter’s or Complainant’s desire not to have the report investigated. In cases when a reporter or Complainant does not want to have a report investigated, but the EO has concerns that not taking formal or informal action might endanger the health or safety of members of the campus community, the EO will initiate confidential consultation with appropriate individuals to analyze the situation and assist in determining appropriate measures to take. Consultation may occur with the Vice President of Academic Services, chair(s) of the Behavioral Intervention Team (BIT), Public Safety Officer, Clery Compliance Officer, psychological health professional, Director of Human Resources, and legal counsel. The EO will make the ultimate decision about whether to conduct a formal investigation or respond to the report in another manner, including taking informal actions, such as those described above.
The committee shall have four (4) regular members including the Chair. Of the four regular members, one shall be a student, one shall be a member of the faculty, one shall be a member of the non-academic staff, and one shall be representatives of the administration.
Members shall be appointed by the President of the College. Each of the groups listed below will nominate four (4) candidates. The President will appoint one member from each pool of candidates. The President shall also designate one (1) alternate from each of these groups:
The President shall appoint the Chair.
To assure cumulative experience and development of expertise as well as continuity and uniformity of decisions, the terms of regular members will be of extended duration. The student shall be appointed for two (2) years. Members of each of the other groups (faculty, non-academic staff, and administrators) shall be appointed for five (5) years. Any member whose term has expired and who is willing to continue to serve on the committee may be reappointed by the President of the College.
The President shall appoint one or more persons to serve temporarily as a member of the committee to fill a vacancy or ensure a quorum, or in response to a request from the Chair to avoid delay in proceedings. The term of temporary appointment continues for the duration of the proceedings or until the temporary appointee is replaced by a regular member.
The Committee Chair may either permanently or temporarily remove or replace any regular member of the committee under the following circumstances:
If any person or group other than the member requests removal, that member will have an opportunity to rebut any evidence presented in support of the request for removal. If a concern as enumerated above is raised about the Chair, the President of the College will make the determination about either permanently or temporarily removal from the committee.
There must be a member from each of the four constituent groups specified above to constitute a quorum.
The committee may: (1) call student and employee witnesses to testify or to be present during a hearing, and obtain other evidence held by the College or any student or College employee; (2) arrange with the College EO for appropriate funding and staff support to facilitate hearings; (3) hold pre-hearing conferences; (4) issue hearing orders; (5) hold formal hearings and control conduct of such hearings; and (6) make decisions, findings of fact, and recommendations, including recommended sanctions, to the President by vote of a majority of the regular members involved in the hearing process.
A request for a hearing before the College Discrimination Grievance Committee must be filed within five (5) working days, of the receipt of the EO’s decision, unless good cause can be shown for an extension of time. The request for a hearing must be filed with the EO. The request for a hearing must be in writing and must describe the appellant’s desired outcome; as well as describe how the appellant believes the EO: (1) exhibited unfair bias which influenced the result of the investigation; (2) failed to conduct a thorough investigation; (3) issued arbitrary findings and recommendations; (4) had a conflict of interest; or (5) issued findings and recommendations that if adopted would result in substantial injustice. As soon as practicable, the EO will provide the non-appealing party and the Chair of the Discrimination Grievance Committee with a copy of the written appeal.
The committee reviews the findings and recommendations of the EO. The committee may approve, overturn, or modify the findings and recommendations of the EO. The committee may overturn or modify the EO’s findings and recommendations if it finds that the EO: (1) exhibited unfair bias which influenced the result of the investigation; (2) failed to conduct a thorough investigation; (3) issued arbitrary findings and recommendations; (4) had a conflict of interest; or (5) issued findings and recommendations that if adopted would result in substantial injustice.
Within ten (10) working days of receipt of the written request for a hearing, the EO will notify the Complainant and the Respondent of the time and place of the formal hearing before the Discrimination Grievance Committee. This process might be extended during periods between academic semesters when a quorum of the committee cannot be convened. The hearing will normally be scheduled within thirty (30) days of receipt of the written appeal. If such an appeal causes a significant delay, the EO will consider interim measures, as described above, to continue to protect the parties during the process.
Written Statements on Appeal
Within ten (10) working days of filing the appeal, the party appealing the decision must submit to the EO the following information:
(a) detailed statement of facts relevant to the complaint or report of discrimination, hostile environment harassment, sexual misconduct, stalking, or retaliation; (b) names and addresses and anticipated testimony from witnesses to be called; (c) copies of any documents which will be submitted as evidence; (d) additional materials the party believes the committee should obtain prior to the hearing; (e) reference to the portion of the policy alleged to be violated; (f) specific remedy(ies) requested; and (g) whether the party will be represented by legal counsel and the identity of the counsel.
The non-appealing party may also submit the information described in (a) through (f), above. If the nonappealing party will participate in the hearing, that party must notify the EO as described above at (g) whether he or she will be represented by legal counsel. In cases in which the non-appealing party chooses not to participate in the hearing, the EO will provide to the Discrimination Grievance Committee, in addition to the written investigation report, any additional documents or other materials, and names and addresses of any witnesses the EO believes should provide information to the Committee at the hearing.
Legal Counsel Representation
Both parties have a right to be represented by legal counsel. If either party chooses to be represented by legal counsel, College’s Legal Counsel will be present to ensure that the rights of all interested persons and the College are respected. The role of a party’s attorney shall be limited to consultation with the attorney’s client and client witnesses.
Forwarding Appeal Documents
The EO will forward copies of the EO’s written investigation report; the above-listed materials; and any additional evidence relevant to the matter to the members of the Discrimination Grievance Committee at least five (5) days prior to the hearing.
At any time within five (5) days prior to the date of the formal hearing the Chairperson of the Discrimination Grievance Committee may call a pre-hearing conference. Topics discussed at a prehearing conference may include, but are not limited to: (a) whether the evidence presented is complete; (b) whether additional investigation is required; (c) whether additional witness should be called; and (d) time limits and order of presentation of evidence at the hearing. At the request of any party, the Committee Chairperson will conduct separate meetings with the appellant and the respondent for purposes of the pre-hearing conference.
With concurrence of a majority of the Discrimination Grievance Committee, the Chair may decide to: set aside the hearing date for any period up to ten (10) days for additional investigation, to obtain additional witnesses or evidence.
The Chair of the Discrimination Grievance Committee will conduct the hearing. The hearing will be a non-adversarial proceeding and strict rules of evidence will not be applied. However, the Chair of the Committee may limit or refuse to allow evidence or testimony that is not reasonably related to a determination of whether a violation of the policy occurred.
The hearing will be conducted to assure fairness and accuracy in fact-finding. The parties and witnesses will address the members of the Committee rather than each other. The Chair will be the final arbiter of all matters of procedure. All hearings are closed to the public.
Within ten (10) working days of the conclusion of the formal hearing the Discrimination Grievance Committee will submit a decision in writing to the parties, the EO and to the President. The written decision will contain the following:
Action on Decision
The President will review the Committee’s decision. The President’s review is limited to determining: (1) Whether the evidence provides a reasonable basis for the resulting decision; and (2) Whether specified procedural errors were so substantial as to deny a fair hearing to either party. Within ten (10) days of receipt of the Committee's decision, the President will notify the Committee Chair, the EO, and the parties, in writing, of the decision relative to each of the findings and recommendations forwarded by the Discrimination Grievance Committee. The EO will distribute copies to Committee members and to the parties.
All College officials who are involved in the discrimination grievance process, including the EO, designated investigators, Discrimination Grievance Committee, and Discipline Authorities, will have adequate training. Training will address, but is not limited to, recognizing and appropriately responding to allegations of discrimination, harassment, including hostile environment harassment, sexual misconduct, and retaliation, conducting investigations, protecting confidentiality, and recognizing the link between alcohol and drug use and sexual assault and sexual harassment.
The names of the investigator and the individuals who will serve on the Discrimination Grievance Committee for a particular matter will be readily accessible. These individuals must promptly disclose any potential conflict of interest they might have in a particular case. In the rare situation in which an actual or perceived conflict of interest arises between an Investigator, or member of the Discrimination Grievance Committee, that conflict must be disclosed to both parties.
If you filed a complaint with the EO and believe the College’s response was inadequate, or you otherwise believe you have been discriminated against by the College on the basis of race, color, national origin, sex, including sexual harassment, disability age, or retaliation, you may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education or the Educational Opportunities Section (EOS) of the Civil Rights Division of the U.S. Justice Department of Justice, and a complaint based on religion with EOS of the U.S. Justice Department.
As a student or employee, if you filed a complaint with the EO and believe the College’s response was inadequate, or you otherwise believe you have been discriminated against by the College on the basis of race, color, national origin, sex, including sexual harassment, disability, age, religion, creed, pregnancy, marital status, familial status (housing only), or political beliefs, or retaliation, you may file a complaint with the Ohio Civil Rights Commission.
1 In the case of employees, the Discipline Authority is the College administrator with the authority to impose sanctions in accordance with applicable employment policies and procedures and collective bargaining agreements. In the case of students, the Discipline Authority is the Vice President of Academic Services.
2 The U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, dated April 4, 2011, p. 8, states: In cases involving allegations of sexual assault, mediation is not appropriate even on a voluntary basis.
Policy No. 3357:13-15-021
Effective: May 1, 2014
Any student who requires reasonable accommodations related to a disability should inform the course instructor and the Coordinator of Disabilities/Counseling Services, Sandra Luckie, Room 138 Kee Hall; phone 419-755-4727 V/TTY).
Students who do not have a documented disability but who encounter difficulty in their courses are encouraged to visit the Student Success Center. The following are some of the services available to students: academic assistance, advising services, peer tutoring, personal counseling, and referral for LD testing. Students are welcome to come and discover the kinds of assistance available in the Student Success Center (Room 136 Kee Hall, phone 419-755-4764).
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit discrimination against individuals with disabilities. According to these laws a “person with a disability” means any person who:
Physical disabilities: Possible accommodations may include:
Visual Disabilities: Possible accommodations may include:
Hard of Hearing or Deaf: Possible accommodations may include:
Attention Deficit Disorder: Possible accommodations may include:
Learning disabilities vary greatly among students with this disability. Below, is a list of some of the common accommodations used by students with specific learning disabilities:
The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) require the College to implement a comprehensive substance and alcohol abuse policy. North Central State College shall comply with all provisions of these acts. This policy shall apply to the entire college community, including students, faculty, and staff.
Standards of Conduct
The college is committed to maintaining a workplace free of illegal drugs or the unlawful use of alcohol. North Central State College prohibits the possession, manufacture, distribution, dispensation, or use of illegal drugs, and the unlawful use, possession, or distribution of alcohol or controlled substances on college property, at any locations where employees or students are conducting college related business or activities, when using college vehicles, and when using private vehicles on college business or in the conduct of college activities.
Applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs or alcohol are set forth in the following laws.
State of Ohio Revised Code Chapters
2925 - Drug Offenses
3719 - Controlled Substances
4301 - Liquor Control Laws
Federal (Harrison) Narcotic Act
Federal Narcotic Drugs Import and Export Act
Federal Food, Drug and Cosmetic Act
Federal Alcohol Administration Act
Federal Controlled Substances Act
Federal Anti-Drug Abuse Act
These sanctions can include probation, fines, driver’s license suspension, or incarceration.
Future revisions, amendments, or additions to these or other applicable codes are incorporated into this policy by this reference. Please refer to applicable codes or to an attorney for more specific information.
Institutional Disciplinary Sanctions for Violations of Standards of Conduct
Any faculty, staff or student violating these standards will be subject to appropriate College disciplinary procedures. Violation of these standards of conduct may also lead to referral for prosecution to the appropriate local, state and/or federal authorities.
Student sanctions will be determined within the guidelines of the North Central State College Judicial Code and may include conduct probation, suspension or dismissal from the College.
Actions required for faculty and staff may include referral for evaluation and/or treatment, participation in a drug rehabilitation program, separation from College duty, and/or termination of employment. An individual employed by the College who is convicted of any criminal drug statute violation occurring in the workplace must notify his or her department head no later than five (5) days after such conviction. These stipulations are outlined in the Drug-Free Workplace Policy that is administered by the Human Resource Office.
Available Counseling and Treatment Programs
Confidential counseling services are available to students. Contact the Student Success Center, Room 136 Kee Hall, phone 419-755-4727, to arrange counseling services. When appropriate, the counselor will make a referral to a treatment program.
Employees may seek counseling and referral services through the Employee Assistance Program. For more information, contact the Human Resources Office at 419-755-4871. A national 24 hour Alcohol and Addictions Helpline may be reached at 1-800-417-6237. The local Alcoholics Anonymous information line is 419-522-4800.
Physical and/or psychological damage may occur when these substances are abused. Some of the health risks related to use are documented here.
Alcohol consumption causes a number of marked changes in behavior. Even low doses impair judgment and coordination and increase the incidence of aggressive behavior. Very high doses impair the judgment and cause death. Alcohol intoxication can be equivalent to a drug overdose. If combined with other depressants of the central nervous system, the effects of alcohol are multiplied. Repeated use of alcohol can lead to changes in tolerance and dependence. Cessation of alcohol intake can produce withdrawal symptoms including tremors, hallucinations, convulsions, and death. Long-term consumption of large quantities of alcohol can lead to permanent damage of vital organs such as the brain and the liver. Other medical problems and long-term effects of excessive alcohol consumption can include elevated blood pressure, increased risk of heart attack, pancreatitis, cancer of the mouth and throat, cancer of the digestive system, and cirrhosis of the liver. In males, chronic heavy usage is associated with testicular atrophy and breast enlargement. Moderate alcohol intake may increase the risk of breast cancer. Women who drink even small amounts of alcohol during pregnancy can give birth to infants with fetal alcohol syndrome or other health problems. Children of alcoholic parents have a 40 percent greater risk of developing alcoholism than those whose parents are not alcoholic.
The different forms of cannabis are marijuana, hashish, and hashish oil. The active psychoactive ingredient in marijuana is delta-9-tetrahydrocannabinol or THC. Users of marijuana experience an increase in heart and pulse rate, reddening of the eyes and dryness in the mouth, lowered body temperature, increased appetite, loss of coordination, brief sense of well-being, intoxication, possible confusion, distortion of reality, impaired short-term memory, restlessness, and hallucinations. Other hazards of abuse are depression, panic, varying degrees of tolerance and psychological and physical dependence. Use may cause paranoia, a psychosis-like state. The effects of long-term use are still being studied. Long-term heavy use is associated with chronic lung disease and possibly lung cancer.
The use of depressants can result in a change in tolerance and physical, as well as psychological dependency. Barbiturates, tranquilizers, and methaqualone are examples of depressant drugs. The health risks associated with their uses are:
Barbiturates (blues/blue heaven, amytal: yellow jackets, Nembutal: rainbows/reds & blues, Tuinal: redbuds/red devils, seconal) - slowed heart rate and breathing, lowered blood pressure, slowed reaction, confusion, weakened emotional control, distortion of reality, reduced awareness, intoxication.
Tranquilizers (Valium: Librium: ativan: tranzene) - slowed heart rate and breathing, lowered blood pressure, relaxation, drowsiness, confusion, loss of coordination, intoxication, changes in personality.
Methaqualone (Quaaludes) - slowed heart rate and breathing, lowered blood pressure, sleepiness, feeling of well-being, loss of coordination, dizziness, impaired perception, confusion, and hangover. In addition, the abuse of depressants can lead to physical dependence with long-term use. Driving under the influence of depressants can cause accidents due to slowed reactions, confusion, etc. Other serious accidents can happen because the user is not in full control. Overdoses can cause coma, respiratory arrest, convulsions, and even death. Depressants taken in combination (such as alcohol plus barbiturates) are very dangerous. They can cause coma and death. Withdrawal can be dangerous and may require medical attention.
Hallucinogens (or psychedelics) are substances capable of distorting perceptions, sensation, self-awareness, and emotions. LSD and PCP are examples of these hallucinogenic drugs. The effects of using LSD - also known as acid or lysergic acid diethylamide - include increased heartbeat, blood pressure, blood sugar, irregular breathing, euphoria, loss of ability to separate fact and fantasy, distortion of senses, hallucination, paranoia, panic, and violence. Some hazards of abuse include: 1. The quick development of tolerance: 2. Increased risk of birth defects in user's children: 3. The recurrence of effects ("flashbacks") days or weeks later, even without further use of LSD: 4. Death due to accident or suicide. The effects of PCP - also known as angel dust or phencyclidine - are unpredictable but may include brief euphoria, distorted perceptions, depressions, hallucinations, confusion, drowsiness, depersonalization, loss of coordination, and irrational behavior. Some hazards of abuse include: 1. Tolerance develops quickly: 2. Overdose can cause psychosis, convulsions, coma, death: 3. Use can result in violent behavior including murder, suicide, or accidents. Other hallucinogens include DMT, MDA, STP, MMDA, Magic Mushrooms, and the so-called "Designer" drugs like Ecstasy. Their effects are similar to those of LSD.
Narcotics (opiates) are drugs, which relieve pain and induce sleep. Some examples of narcotics are heroin, morphine, opium, codeine, meperidine, and methadone. The effects of narcotics use include shallow breathing, a reduction of appetite, thirst and sex drive, and drowsiness, brief euphoria, lethargy, heaviness of limbs, apathy, loss of ability to concentrate, and loss of judgment and self-control. Some hazards of abuse include tolerance and physical and psychological dependence. Withdrawal is very painful. Overdose can cause coma, convulsions, respiratory arrest, and death. Risks from long-term use include malnutrition, infection, and hepatitis. Sharing of needles increases the risk of contracting HIV infection and hepatitis B.
Stimulants speed up the central nervous system. Amphetamines, such as speed (Benzedrine and Dexedrine), are stimulant drugs that will cause: increased heart rate and blood pressure, loss of appetite, and increased activity levels: a feeling of alertness, self-confidence followed by depression: hallucinations, paranoia, and temporary mental derangement because of heavy dose. Some hazards of abuse are: 1. The user can go beyond physical limits and suffer harmful exhaustion: 2. Tolerance and psychological dependence can develop: withdrawal from the drug can result in suicidal depression: 3. Continued high doses can cause physical dependence, heart problems, infections, malnutrition, and death.
Cocaine, another stimulant drug, may cause a number of effects including: quickened pulse and circulation, sharpened reactions, restlessness, feelings of well-being, alertness, overconfidence, confusion, anxiety, depression, paranoia, nervous exhaustion, and hallucination as a result of heavy doses. Some hazards of abuse are: 1. Physical and psychological dependence: 2. The destruction of nasal tissues from snorting the drug: 3. Lesions in lungs caused by smoking the drug: 4. Convulsions, respiratory paralysis, cardiac arrest, and death can result from overdose: 5. Impulsive behavior which can lead to high risk actions such as unprotected sex.
Other commonly abused stimulants include dextroamphetamine and methamphetamine, often prescribed to treat attention deficit disorder. The effects and hazards to health are similar to amphetamines. Other legal and widely used stimulants are nicotine in tobacco and caffeine, which is found in coffee, tea, cola, and other beverages.
Biennial Review of Program
North Central State College conducts biennial reviews of this program to determine effectiveness, implement necessary changes, and ensure that disciplinary sanctions are enforced. The Office of the Dean of Student Services is responsible for coordinating the biennial review process.
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. Your rights under FERPA are:
You have the right to inspect and review your educational records within 45 days of the day the College receives a request for access.
Students should submit requests that identify the record(s) they wish to inspect to the Registrar. The Registrar will make arrangement for access and notify the students of the time and place where the records may be inspected. If the requested records are not maintained in the Student Records Office then the student shall be advised of the correct official to whom the request should be addressed.
You have the right to request the amendment of any part of your educational record that you believe is inaccurate or misleading.
Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the Registrar, clearly identify the part of the record they want changed, and specify how it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
You have the right to consent to disclosure of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent.
You have the right to file a complaint with the U.S. Department of Education concerning alleged failures by North Central State College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
Additional questions or comments regarding FERPA or FERPA compliance should be directed to the Registrar, North Central State College, (419) 755-4824.
Law enforcement officers authorized to carry concealed weapons or dangerous ordnance and acting within
Canvassing or solicitation for funds, sales, or subscriptions are prohibited on campus or in campus buildings unless written permission has been granted. A written request should be sent to the Coordinator for Campus Life who may seek recommendation(s) regarding requests from appropriate campus offices. The request should be made at least 10 working days prior to the event.
The sale of merchandise of any kind whatsoever, or publications or service on campus property, other than by the regularly authorized stores, food service, departments, or divisions of the campus, is likewise prohibited except upon written permission. A written request should be sent to the Coordinator for Campus Life at least 10 working days prior to the event.
Any person violating this rule shall be subject, upon proper notice, to eviction from campus property or arrest.
It is the policy of the Campus to foster a spirit of free inquiry and to encourage the timely discussion of the broad range of issues which concern our nation, provided that the views expressed are stated openly and are subject to critical evaluation. Within our prevailing standards of decency and honesty, this policy shall be construed to mean that no topic is too controversial for intelligent discussion on the campus. Restraints on free inquiry should be held to that minimum which is consistent with preserving an organized society in which change is accomplished by peaceful democratic means.
To this end, a registered student organization, after consulting with and prior approval of its faculty advisor, may invite guest speakers to the campus to address meetings, subject to the following provisions:
A speaker invited by a student organization must not advocate action or urge the audience to take action which is illegal under the laws of the United States, the state of Ohio, or which is prohibited by the rules of the College or the Student Code of Conduct. It is the responsibility of the student organization to inform speakers in writing of this prohibition.
The maximum penalties to be assessed against a student organization for a failure to observe the provisions of Section 2 or for sponsoring a speaker who violates the prohibition of Section 3 of this rule shall be (a) for a single violation (including, as a single violation, multiple violations relating to the same meeting) in any academic year, suspension of the right of the student organization to invite a guest speaker to the campus for a twelve month period and (b) for more than one violation in any academic year, termination of the student organization’s registered status.
Students, either as individuals or as members of recognized student organizations, who act in violation of the provisions of this rule shall be subject to disciplinary procedures and actions as outlined in the Student Code of Conduct.
Faculty and others entitled to sponsor a meeting involving the use of College facilities shall observe this rule.
It is important for campus offices and student organizations to have adequate opportunities to publicize their events. It is also important to maintain an attractive campus, free of unnecessary litter. The following guidelines are designed to achieve those objectives.
Students, faculty, and staff may post information and notices concerning their organization/department in areas designated by NC State/OSU-Mansfield administration, such as the bulletin boards in each of the buildings. These postings must be stamped and approved prior to posting (approval process below). When in doubt, contact the Office of Campus Life for assistance at 419-755-4314. Guidelines for posting include:
Campus personnel will remove notices from all student posting areas on a bi-weekly basis. These areas will also be checked regularly to remove dated notices, non-campus related postings and violations.
Violations of this policy will be handled through the Office of Campus Life and other appropriate NC State/OSU Mansfield personnel. Groups or individuals responsible for violations will be assessed the actual cost of clean-up and any necessary repairs.
Prior approval is required before anything is posted. For approval and distribution, please see the following for different types of posting.
Campus Building Monitors
To have something approved, please report to one of the following monitors, depending on the building where you will be posting the items.
Rollerblades and skateboards may be used as transportation on walks throughout campus, if used courteously, respecting the right-of-way of pedestrians. The may also be used for recreation in parking lot #8 and on the bike path, except when motorcycle classes or other approved activities are being conducted.
Stunting is dangerous to skaters, to campus property, and to bystanders, and is strictly prohibited anywhere on campus. Students in violation of skating rules may be subjected to disciplinary actions.
Safety equipment is highly recommended for skaters to provide for personal safety.
As a publicly funded, associate degree granting college, North Central State College is required to collect information from all male students regarding their selective service status. Forms used for collecting this information are included with NC State applications and also distributed during registration. Completed forms should be returned to the Office of Student Records. Failure to comply with this request will result in the assessment of the “out-of-state” tuition surcharge and the loss of certain financial aid benefits.
Smoking is not permitted in any building on campus. This includes hallways, classrooms, restrooms, public offices, private offices, and all other indoor spaces.
Smoking in now prohibited on campus within 25 feet of building entrances, windows, and ventilation intakes. Anyone entering and leaving university buildings cannot be exposed to smoke and smoke cannot be allowed to enter buildings, in accordance with the law.
No smoking will be permitted at the Child Development Center.
More information about the law and Ohio Department of Health regulation can be found at www.odh.ohio.gov.
Smokers are asked to please use the cigarette urns provided by the campus. Littering is violation of Ohio law. Your cooperation is appreciated.
North Central State College encourages student communication with the administration, faculty, and staff regarding college operations and procedures and encourages students to use existing policies, personnel, and departmental offices to express specific concerns. Should a student deem that the existing policies, personnel, and departmental offices cannot address his/her specific concern or complaint, North Central State College accepts and maintains records of formal written complaints filed with the office of the Department Supervisor, Dean, or Vice President.
Policy No. 3357:13-15-03
Effective: May 17, 2013
Initiating a Complaint1
1 This Procedure does not apply in cases where the student initiates a complaint regarding discrimination or harassment. A student filing a complaint regarding discrimination or harassment must follow the College's Discrimination, Harassment, Sexual Misconduct, Stalking, and Retaliation Policy (Policy# 15-02).
Policy No. 3357:13-15-031
Effective: May 2, 2013
North Central State College students, whose military reserve units are called to active duty and, therefore, must leave their classes during the semester, should first see if some special arrangements can be made with their instructor(s) to complete any remaining course work before the semester ends. If that is not possible, students may request the following option:
A student will not be held liable for any costs incurred for the dropped classes during the semester affected by call up to active duty. If applicable, the college will provide the student a full refund of required tuition, fees, and other institutional charges.
A student receiving financial aid will go through the process of Title IV fund calculations. If those calculations result in the college being required to return funds to one or more of the Title IV programs, it will do so. No overpayment of grant funds will be required of the student.
Campus Bookstore Refund Policy
With the current world situation, members of the military reserve or National Guard units may be ordered to active duty. It is Follett's intent to help college and university students who are activated by offering them a full refund, with receipt, on their required course textbooks and related course materials.
Students who must withdraw from classes before final exams without a letter grade being assigned will be offered a full refund on required course materials.
A copy of the military orders or a college or university withdrawal form indicting a withdrawal for military service must be presented with the course material.
Full refunds will be granted within 30 days from the date of activation.
Because students may only have 24 to 48 hours to complete arrangements before reporting to active duty, a refund may be secured by another person on behalf of the student, within the above conditions.
Managers may make exceptions to ensure the spirit of the refund policy is met.