MWCC College Catalog — Policies, Rules, and Regulations

Drug and Alcohol Policies Applicable to MWCC

The Drug and Alcohol Policies established at MWCC are intended to address student or employee misuse of alcohol and other drugs on campus, thereby creating a safer campus and an environment that nurtures students’ academic and social development and employee professional development. The goal of this policy is prevention that will allow the college to establish and maintain an environment that will discourage substance use.

On December 12, 1989, Congress amended Title XII of the Higher Education Act of 1965. This amendment, known as the “Drug-Free Schools and Communities Act of 1989,” requires that every educational institution receiving federal funding certify its adoption and implementation of programs designed to prevent use of illegal drugs and abuse of alcohol by students and employees. Prior federal law applicable to the college regulated only criminal drug activity of federally grant-funded employees and recipients of federal aid. MWCC, in accordance with legal mandates and its philosophy of establishing and maintaining an environment of learning and supportive climate in which to conduct the business and mission of the college will enforce the following policies:

The unlawful manufacture, distribution, dispensing, possession or use of alcohol or of a controlled substance is prohibited on the campus of MWCC or as part of any college-related activity. Students or employees who violate these restrictions shall be subject to appropriate disciplinary action, up to and including suspension, expulsion or discharge and shall also be subject to referral for criminal prosecution. Where students or employees are convicted of violating a criminal drug or alcohol statute related to a college activity, the college shall ordinarily expel or discharge the offender absent mitigating circumstances. Mitigating circumstances shall include, but shall not be limited to, considerations of handicap under federal and state law.
MWCC shall cooperate in the enforcement of federal and state laws concerning illegal drugs and alcoholic beverages. Massachusetts statutes pertaining to illegal drugs and alcohol include the following:

     • Massachusetts General Laws, Chapter 94C (Controlled Substances Act)
     • Massachusetts General Laws, Chapter 272, Section 59 (Public Drinking)
     • Massachusetts General Laws, Chapter 90, Section 24 (Operating under the Influence, Open Containers)

Prescribed penalties under Chapter 94 range from mandatory probation for a first conviction for possession of a class E substance, e.g., marijuana, to a period of imprisonment of up to two years and a fine of $2,000 dollars for each subsequent conviction related to sale or distribution. Prescribed penalties under Chapter 90, Section 24, range from a fine of $100 to imprisonment for not more than two years and a fine of $1000. Federal judicial guidelines also exist that suggest penalties for violation of federal criminal statutes related to drugs and alcohol.
Under-age drinking is prohibited at MWCC functions and on any campuses.
It is MWCC’s policy that consumption of alcohol on or off campus is prohibited, in connection with any college function, whether on or off-campus without the express written permission of the president of the college or his designee.
Employees working under federally-funded grants are additionally subject to the Drug-Free Workplace Act of 1988. The act creates the following obligations:

a. Employees convicted of any criminal drug statute violation occurring in the workplace must notify the Associate Vice President of Human Resources/Affirmative Action Officer of MWCC no later than five days after such conviction. Such notification must be in writing.
b. The college shall notify the appropriate federal agency within ten (10) days after receiving notice from the employee regarding such conviction. Such notification will be in writing.
c. The college, within thirty (30) days of receiving notice with respect to any employee who is convicted, will
(i) Take appropriate disciplinary action against the employee, up to and including termination of employment, or
(ii) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
The college will present campus-wide drug and alcohol education programs on an annual basis. This is in addition to other educational opportunities available in current or future academic offerings.
The college, through the department of human resources, shall conduct an annual review of these policies and programs and implement changes as necessary.

Health Risks Associated With the Use of Illicit Drugs and the Abuse of Alcohol

The misuse of alcohol and other drugs create problems for students or employees who engage in this behavior as well as for their peers or fellow employees who suffer a range of consequences from having their study or work interrupted to far more egregious acts. Obvious health risks include physical dependence, psychological dependence, possible overdose and withdrawal symptoms.

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Repeated use or abuse of alcohol can lead to physical and psychological dependence. Long-term consumption of large quantities of alcohol can also lead to permanent damage to vital organs.

Statistics show that alcohol use is involved in a majority of violent behavior on college campuses, including acquaintance, rape, vandalism, fights, and incidents of drinking and driving.

MWCC Resources for Substance Abuse Problems

For any member of the MWCC community who is experiencing substance abuse problems, the college stands ready to offer supportive services and referral for treatment, as appropriate and available. See Appendices A and B for more information on the medical risks associated with drug and alcohol use and treatment coverage. Information concerning substance abuse and rehabilitation counseling programs is available through the following college resources:

1. Alcoholics Anonymous

Regular meetings are held on campus for students and staff. Information about these meetings may be obtained from the health services office.

2. Substance Abuse Education

The health services office at MWCC is the primary resource for individuals experiencing or affected by persons with substance abuse issues. Information and referral services are available on a drop-in basis. Informational brochures on topics such as AIDS transmission and sexually transmitted diseases are made available to students, so they may access information in an anonymous manner. The college nurse and college counselors are available by appointment to discuss issues with students confidentially.

3. Awareness Activities- Student Life Informational Programs

The student life office, in conjunction with the MWCC Student Government Association, plans a number of alcohol and drug awareness activities. Additionally, groups such as MADD (Mothers Against Drunk Driving) and SADD (Students Against Drunk Driving) have set up informational booths on-campus to encourage responsible drinking.

At key times during the semester, such as the holiday season and graduation, awareness activities have also been scheduled. The focus of all of these activities is that students have options in making their choices relative to drug and alcohol use. The responsible and legal choice is always emphasized.

4. Human Services

Alcoholism is treated as part of a unit of Psychology 240, Abnormal Psychology, a course required of Human Services and Criminal Justice students. This topic is discussed in three classes as a category of Substance Use Disorders as outlined in the Diagnostic and Statistical Manual (DSMIV) of the American Psychiatric Association. The following broad concepts are covered in this unit: incidence; physical effects; progression; gender differences in addiction; and treatment.

5. MWCC Library

A bibliography, which is in the MWCC Library, lists books on alcohol and drug abuse.

FERPA Parental Notification Policy

In compliance with FERPA regulations, MWCC has adopted a Massachusetts Board of Higher Education recommendation that the parents or legal guardians of students under twenty-one years of age be notified when the student has violated the MWCC alcohol or drug policies. Section 952 of the 1998 Higher Education Amendments, authorizes institutions of higher education to disclose to parents and guardians of students under age twenty-one, violations of institutional policies or rules, as well as local, state, and federal laws governing the use or possession of alcohol or a controlled substance.

Smoking Policy

Introduction

As an attempt to reduce the health risks associated with second-hand cigarette smoke, the Commonwealth of Massachusetts first implemented a policy, which invoked the elimination of smoking within the confines of public buildings which fall under the jurisdiction of the State. It was then noted that tobacco smoke within confined areas creates a health hazard to both smokers and non-smokers, especially those suffering from allergies, respiratory diseases or heart disease. Smoke in confined areas may also be irritating and annoying to non-smokers and violates their right to breathe air relatively free from tobacco contaminates. In the interest of further protecting the health and well being of members and visitors of the college community, smoking is prohibited from our campus. This includes all buildings, work areas, offices, restrooms, lobbies, public entrances, etc. Smoking will be permitted in private vehicles parked on the campus. Because of our collective concern for the environment, because we are aware of the harmful effects of smoking on the smoker, and because we now know how much is being written about the effects of second-hand smoke on the non-smoker, we are committing ourselves to a smoke-free environment at MWCC.

Definition of Policy

MWCC recognizes the medical evidence that indicates that smoking is a serious health hazard, and that this health hazard extends to nonsmokers forced to breathe second-hand smoke. The primary responsibility of the college is to provide a healthful working and learning environment. Recognition of this responsibility has resulted in the development of the following policy:

Smoking is prohibited within the confines of college grounds designated as non-smoking areas, any college building, or college vehicle (smoking will only be permitted in private vehicles parked on campus). No exceptions will be granted.
The sale of tobacco products on campus is prohibited.
As with any college policy, violators will be subject to disciplinary action.
This college policy will be enforced by department supervisors.
Individuals entering the campus will be directed to dispose of their cigarettes in the appropriate receptacles provided within each area.
This policy will be distributed annually to all departments and will be posted on all official college bulletin boards. Successful implementation of this policy requires a college-wide cooperative effort. All members of the college community are urged to assist in this endeavor. Any employee or student who believes he/she is being subjected to second-hand smoke should inform the offending party of the existence of this policy and request that he/she adheres to its conditions. Violators of the college’s smoking policy should be reported to the division dean or the administrative supervisor who is in charge of the area where the violation occurred.

Regulations & Policies on Human Research Subjects

3.1 RESEARCH GUIDELINES
Research involving human subjects is governed by federal regulations and MWCC policy. The college assures that it will comply with the Office of Human Research Protection regulations for the Protection of Human Research Subjects (45 CFR 46 as amended).

Research is defined as a systematic investigation, including research development, testing, and evaluation that are designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities (45 CFR 46.102 (d)).

Human subject (refer to Chart I, Appendix B) is defined as a living individual about whom an investigator (whether professional or student) conducting research obtains:

data through intervention or interaction with the individual, or
identifiable private information (45 CFR 46.102 [f]).

As noted in 45 CFR 46.101 (b), unless otherwise required by Department or Agency heads, research activities in which the only involvement of human subjects will be in one or more of the following categories are exempt from this policy: (see Chart 2, Appendix B)

Research conducted in established or commonly accepted educational settings, involving normal educational practices such as
(i) research on regular and special education instructional strategies, or
(ii) research on the effectiveness of, or the comparison among, instructional techniques, curricula, or classroom management methods.
Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior, unless:
(i) information obtained is recorded in such a manner that human subjects can be identified, directly or through identifiers linked to the subjects; and
(ii) any disclosure of the human subjects’ responses outside the research could reasonably place subjects at the risk of criminal or civil liability or be damaging to the subjects’ financial standing, employability, or reputation. Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures, or observation of public behavior that is not exempt under paragraph (b) (2) of this section, if:
(i) the human subjects are elected or appointed public officials or candidates for public office; or
(ii) Federal statute(s) require(s), without exception, that the confidentiality of the personally identifiable information will be maintained throughout the research and thereafter.
Research involving the collection or study of existing data, documents, records, and pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in such a manner that subjects cannot be identified, directly or through identifiers linked to the subjects.
Research and demonstration projects which are conducted by, or subject to the approval of, Department or Agency heads, and which are designed to study, evaluate, or otherwise examine:
(i) public benefit or service programs;
(ii) procedures for obtaining benefits or services under those programs;
(iii) possible changes in, or alternatives to, those programs or procedures; or
(iv) possible changes in methods or levels of payment for benefits or services under those programs.

For more information on this policy, refer to the college website: http://catalog.mwcc.edu.

Campus Solicitation Policy

The intent of the campus solicitation policy is to ensure non-interference with the educational activities and business operations of the college. It is the general policy of the college not to serve as a forum/meeting place wherein vendors can solicit employees or students. For a full description of the Solicitation Policy and Procedures please contact the student services office or the director of human resources.

Hazing

An Act Prohibiting the Practice of Hazing was enacted by the Senate and House of Representatives in General Court in 1985. Chapter 269 of the General Laws was amended by adding the following three sections:

Section 17. Hazing; Organizing of Participating; Hazing Defined

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than $3,000 or by imprisonment in a house of correction for not more than one year, or by both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity that is likely to adversely affect the physical health or safety of any such student or other person, or that subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Section 18. Failure to Report Hazing

Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than $1,000.

Section 19. Copy Of Sections 17-19; Issuance to Students and Student Groups, Teams and Organization Reports

Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team, or student organization that is a part of such institution is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirement that an institution issues copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams, or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams, or organizations. Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually to the institution an attested acknowledgment stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen. Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full-time student in such institution a copy of this section and sections seventeen and eighteen.

Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the regents of higher education and in the case of secondary institutions, the Board of Education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full-time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis on the student handbook or similar means of communication of the institution’s policies to its students. The board of regents and, in the case of secondary institutions, the Board of Education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution that fails to make such reports.

Sexual Harassment: Policy Statement

Legal Definition

Sexual harassment of a student, an employee, or any other person in the college is unacceptable, impermissible, intolerable, and punishable under law. It is also unlawful to retaliate against anyone for filing a complaint of sexual harassment.

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations that share a common element: the inappropriate introduction of sexual activities or comments into the work or learning environment. There are two types of sexual harassment.

Quid Pro Quo Harassment

Quid pro quo harassment is defined in Chapter 151B as sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly as a term or condition of employment or as a basis for academic/employment decisions. Quid pro quo harassment occurs when an employee/instructor with authority or control over the terms and conditions of another employee’s work or a student’s academic performance offers him/her a benefit or advantage in exchange for sexual favors or gratification. Conversely, if a student/employee is denied an academic/work benefit or advantage due to his/her refusal to respond to, or rejection of, requests for sexual favors or gratification, then he/she was subjected to quid pro quo harassment.

Hostile Work Environment Harassment

The second form of sexual harassment is hostile classroom/work environment harassment, of which is defined in Chapter 151B as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s classroom/work performance by creating an intimidating, hostile, humiliating or sexually offensive academic/work environment. The law does not proscribe all conduct of a sexual nature. Only unsolicited and unwelcome conduct may create a hostile work environment.

Examples of Sexual Harassment

For general purposes, sexual harassment may be described as unwelcome advances, requests for sexual favors, and other physical conduct and expressive behavior of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance and/or creating an intimidating, hostile, or demeaning employment or educational environment.

Under these definitions, direct or implied requests by an instructor/supervisor for sexual favors in exchange for actual or promised academic/job benefits such as favorable grades, reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment. The legal definition of sexual harassment is broad, and in addition to the examples previously stated, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place/academic environment that is hostile, offensive, intimidating, or humiliating to male or female workers, may also constitute sexual harassment. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

Unwelcome sexual advances - whether they involve physical touching or not;
Dissemination of sexually explicit voice mail, email, graphics, downloaded material or websites;
Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, comments about an individual’s sexual activity, deficiencies, or prowess;
Displaying sexually suggestive objects, pictures, cartoons;
Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
Inquiries into one’s sexual experiences; and,
Discussion of one’s sexual activities.

Legal References

Such behavior is expressly forbidden by federal and state regulations and action by the federal government has established that such behaviors are actionable under the provisions of Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1991, the provisions of Title IX of the 1972 Educational Amendments and under Massachusetts General Law, Chapter 151B, Sections 3A, 4(1), and 16A.

Complaint Procedures

In keeping with these regulations, a concerted effort will be made to protect employees, students, and others from sexual harassment as defined. If an incident should arise, retaliation is unlawful against the victim or those who cooperate in the investigation of a sexual harassment complaint. The final authority and ultimate responsibility for the prevention of sexual harassment will rest with the president. The president will take all reasonable measures to prevent sexual harassment and will act promptly to investigate the alleged harassment and to effect remedy when an allegation is determined to be valid. However, the Affirmative Action Officer will have the responsibility for the overall development, administration, and monitoring of all programs, policies, procedures, and regulations related to sexual harassment. Complaints about sexual harassment should be communicated orally or registered formally with the Affirmative Action Officer, (978) 630-9160.

Policy Dissemination

The college’s policies and complaint procedures on sexual harassment are well-publicized to students and employees; these policies and procedures are detailed in student handbooks and employee pamphlets. All employees will be given a copy of the policy statement on sexual harassment on or before November 15, on an annual basis. New employees will receive a copy at the onset of their employment. In addition to formal procedures, the college shall insure that appropriate opportunities are available to students and employees to obtain counseling concerning their rights under the law and effective means of informally resolving grievances.

Grievance Process

When employees or students feel their equal opportunity rights have been breached, the grievance process is a mechanism for resolution. When a complaint is filed, it will be promptly investigated in a fair and expeditious manner. A neutral investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include a private interview with the person filing the complaint, with any witnesses, and with the person alleged to have committed the sexual harassment. When the investigation is completed to the extent appropriate, the person filing the complaint and the person alleged to have committed the conduct will be informed of the results of the investigation. If it is determined that inappropriate conduct occurred, prompt action to eliminate the offending conduct will occur, and where appropriate, disciplinary action will be imposed.

Informal Grievance Process

The informal process will encourage the affected person to discuss the concern or breach with any involved College official who may be helpful in resolving the matter. The college official may be the affirmative action officer and/or her designee, an assistant/associate division dean, a counselor, a supervisor, or any other official who might help the affected person with an informal resolution. The purpose of the informal grievance process is to allow for misunderstandings to be aired and resolved and to provide an opportunity for the aggrieved person and the alleged perpetrator to attempt to resolve the concern prior to the formal grievance process.

Formal Grievance Process

Any employee or student, who believes that the college’s Affirmative Action/Equal Employment Opportunity Commission (AA/EEOC) Policy has been breached in its application to him/her, may institute a formal grievance. The formal grievance procedure for employees contains four steps, all of which are listed in the Commonwealth of Massachusetts Community College Affirmative Action Plan. The Affirmative Action Plan is available in the office of the Affirmative Action Officer, (978) 630-9160. The grievance procedure for students is described on pages 230-233 and is available in complete written form in the office of student services, (978) 630-9164.

Possible Grievance Penalties

If it is determined that inappropriate conduct has been committed by an employee or student, appropriate action will be taken. Such action may range from counseling to termination from employment or student status, and may include such other forms of disciplinary action as deemed appropriate under the circumstances. In addition to the college’s grievance process, if an employee or student has been subjected to sexual harassment, a formal complaint may be filed with either or both of the government agencies listed at the end of this notice.

Using the college’s grievance process does not prohibit an employee or student from filing a complaint with these agencies. Each of the agencies has a deadline for filing claims: EEOC and MCAD - 300 days.

Federal and State Agencies

The United States Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
Room 475
Government Center
Boston, MA 02203
(617) 565-3200 or (800) 669-4000

The Massachusetts Commission Against Discrimination (MCAD)
Boston Office:
One Ashburton Place-Room 601
Boston, MA 02108
(617) 994-6000
Springfield Office:
436 Dwight Street
Springfield, MA 01103
(413) 739-2145

Educational Efforts

The Affirmative Action Officer, will pursue educational efforts essential to the establishment of a campus that is as free as possible from sexual harassment. Continued efforts will be made to:

ensure that all victims and potential victims are aware of their rights;
notify individuals of conduct that is proscribed;
inform administrators about the proper way to address complaints and/or violations;
provide information relative to the issues this policy addresses;
distribute literature on an annual basis;
provide classroom presentations to the student population;
provide training sessions for new hires within one year after the onset of their employment and on an as needed basis; and
conduct annual training for supervisory and managerial employees.

Campus Sexual Assault Policy

MWCC is committed to providing an atmosphere for learning that is free of any conduct that could be considered harassing, abusive, disorderly, or criminal. In order to ensure that the college meets its obligation to all members of the college community, the procedures and programs set forth on the following pages have been established. Copies of these procedures are available in the offices of the Vice President’s, Division Chairs, Counseling Staff, Library Department of Human Resources and Affirmative Action, and the Office of Public Safety and Security.

i. Policy

Sexual assault is a criminal offense. Sexual assault in any form, including acquaintance rape, will not be tolerated.

Sexual assault, as defined in the Federal Bureau of Investigation’s Uniform Crime Reporting System, and as cited in the campus security act, includes forcible and non-forcible offenses.

Forcible offenses are defined as any sexual act directed against another person, forcible and/or against the person’s will; or not forcible or against the person’s will where the victim is incapable of giving consent. Forcible offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.

Non-forcible sex offenses are defined as "unlawful, non-forcible sexual intercourse." Non-forcible sex offenses include: incest and statutory rape.

The Crime Awareness and campus Police Act of 1990, Section 485 (f) (1) (F) of 20 U.S.C. 1092 (a) (1) (Public Law 1010-542) required that the college collect information with respect to sexual assault on a campus and, beginning in September 1993, include such information in an annual security report. The Higher Education Amendments of 1992 (Public Law 102-325) provide further that, as part of the annual security report, the college shall include, develop, and distribute a statement of policy regarding the college’s sexual assault programs and the procedures to be followed once a sex offense has occurred.

When an allegation of sexual assault is made, the college will inform the alleged victim as to his or her rights to pursue criminal prosecution under the Massachusetts criminal statutes. In addition, appropriate campus disciplinary action may be pursued. Sanctions for sexual assault violations may include, in addition to criminal charges, suspension, dismissal, or expulsion from the college.

All allegations of sexual assault will be handled confidentially and will be investigated. Both the accuser and the accused will have equal opportunity to appeal under due process.

ii. Prevention

Realistically, the crimes of rape and sexual assault cannot be totally eliminated from our society as a whole. Through the adoption of well-planned, pro-active prevention measures coupled with sexual assault education and awareness programs, however, we can reduce or minimize the following number of these crimes on campus. These measures may include consideration of the following:

A. Security and Maintenance Measures

MWCC will periodically examine its grounds keeping practices from a security perspective. It will assess outdoor facilities and major campus pathways with respect to plant growth and debris that may materially detract from security.
MWCC will systematically monitor, on a regular basis, the adequacy and operation of its indoor and outdoor lighting. The monitoring system will include a program to replace defective or burned-out lights as soon as possible after being reported.
MWCC has installed emergency telephones on every floor as well as three outside locations and will maintain and monitor procedures to ensure that access to office, building, and master keys are adequately and appropriately restricted. Master keys will only be issued on the basis of clearly defined needs.
MWCC will explore the possibility of installing emergency telephones/call boxes or electronic security devices in strategic locations on campus.
MWCC provides an escort service for students and employees as necessary or by request.
MWCC has an established pattern of effective communications and relations with the state and local police. MWCC will develop a formal agreement with the state and local police departments that clarifies respective roles, jurisdictions, and the circumstances in which each is to advise and/or assist with campus police and law enforcement matters.
The key element in a comprehensive rape prevention program is the maintenance of an alert and effective campus police officer or law enforcement presence. The MWCC campus police are trained in effective sexual assault prevention and response. Their general orientation will be towards positive, pro-active crime prevention and sensitivity to balancing law enforcement demands and the unique needs of victims.

B. Educational Programs

The college provides an excellent opportunity to educate men and women about human relations, competition and fair play, human sexual education and awareness information should be provided to each member of the college community. To that end, MWCC counseling staff provides a comprehensive sexual assault education and awareness program available to all students, faculty and staff.

Education will be provided through programs and educational booklets, and may include:

Orientation programs
Staff development/employee training, including contracted staff
Student and employee handbooks
Campus media, i.e., newsletters, newspapers, electronic bulletin boards
Seminars, workshops, pamphlets and posters addressing specific issues, such as sexual assault, acquaintance rape, sexual harassment, self-protection for men and women, crime reporting; and domestic violence
Self-protection classes
Individual responsibility for crime prevention and personal safety
RAD (Rape Aggressive Defense) training is provided free to students, staff and community members

Materials and programs will be designed specifically for the MWCC campus, and will be developed in conjunction with off-campus authorities or may be pre-published, pre-packaged, or offered in conjunction with the following
off-campus authorities:

National Safety Council
Local law enforcement agencies
Criminal justice programs
Rape crisis centers
American College Health Association
Massachusetts Chapter of the National Safety Council

Unfortunately, in spite of all our efforts, rape or sexual assault may occur. Should a rape or sexual assault be reported to campus authorities, it is critically important that the victim’s welfare be paramount and that she or he is not victimized again by the system. This policy establishes procedures to follow in the event a rape or sexual assault occurs on campus. To ensure proper attention and action, these procedures must be followed.

iii. Reporting Procedures

Introduction

An effective response to a report or incident of sexual assault on campus necessarily involves a number of offices and individuals concerned with the physical and emotional security of students, employees, and visitors. The procedures outlined below focus primarily on the roles of: 1) Security in addressing incidents/reports of sexual assault; 2) faculty, staff and students making reports; and 3) the designated college Official’s involvement in these procedures.

I. Public Safety and Security/Campus Police

1. If a sexual assault is reported to or discovered by public safety and security/campus police, the following procedures must be followed:

A. If immediate medical attention is necessary or requested, campus police shall first call emergency medical services. This should be done even when the victim states that he/she does not want medical services as the person may be in shock or otherwise not competent to make such a decision.

B. The campus police officer should call a MWCC counselor to be present or, if no MWCC counselor is reachable, call the rape crisis hotline (1-800-970-5905) before gathering any information.

C. The MWCC campus police officer should gather the following information on the Sexual Assault Information Report Form:
i. name, address, telephone number;
ii. where and when the sexual assault occurred;
iii. the location of the victim;
iv. a brief description of what happened to the victim;
v. nname (if known) and description of the individual who committed the assault (include, if possible, sex, race, height, weight, clothing, build, hair color, and facial oddities);
vi. location of the individual who committed the assault, if known, or description of where the individual went after committing the assault; and,
vii. description of the vehicle in which the assailant left (if applicable and known, include make, model, year, color and license number) and the direction of travel.

2. If there is the potential for the immediate apprehension of the assailant, the campus police should call the state and/or local police next.

3. If immediate apprehension is not likely, the campus police officer shall then call the chief of public safety and Security/Designated College Official (DCO) or appropriate designee. The chief of public safety and Security or her designee shall determine whether to call the local and/or state police.

4. The campus police officer will advise the victim of the importance of preserving evidence. This means that no matter how uncomfortable this may be for the victim, he/she should not clean himself/herself, etc. If the victim requires non-emergency medical treatment, the campus police should nonetheless guide the victim to medical services and/or rape crisis services. The campus police shall provide the victim with a copy of the Victim Information Sheet, if possible.

5. The campus police officer should refer all media inquiries to the executive vice president of the college.

6. The campus police officer shall file a detailed report on the incident using the Sexual Assault Information Report Form before the end of the shift in which the incident occurred.

II. MWCC Students and Staff

Any MWCC student or staff member who receives a report of, or discovers a possible sexual assault on-campus, shall immediately report this to the appropriate campus services dependent upon the nature of the situation:
In Emergency Situations: Dial 111 to receive immediate response from the campus police and health services. Stay with the victim in a safe place that allows for privacy. Do not leave the victim and, if possible, send someone to get additional support.

In Non-Emergency Situations: Remain with the victim and discuss the possible options for services including security, health services, counseling services, vice president of student services, etc.

All reports, whether emergency or non-emergency, must ultimately be reported to the chief of public safety and security and the executive vice president.

The safety and care of the victim should be of the utmost importance in dealing with persons having experienced a sexual assault. Great care should be given in making the victim as comfortable as possible and in providing an understanding and safe environment as the necessary procedures are implemented. It is extremely important that these procedures are followed to ensure that appropriate medical and administrative services be provided. Students and staff should use the Quick Reference Sheet for Assisting Victims of Sexual Assault in assuring the proper care of the victim. The campus police will then be responsible for implementing the procedures specified in Section I, above.

III. The Designated College Official—Chief of Public Safety &, Campus Police and Executive Vice President

A. The chief of public safety and security and executive vice president or designee shall be responsible for ensuring that all college policies and procedures are followed.

B. The executive vice president or designee shall be the designated spokesperson for all media inquiries.

C. The chief of public safety, security and executive vice president or designee shall contact the vice president of student services and enrollment management in instances where students are involved. The vice president of student services and enrollment management shall determine whether college disciplinary action should be initiated.

D. Whether the victim is a student or an employee, the chief of public safety and security and executive vice president or designee shall inform the victim of the following:

i. the option of notifying proper law enforcement authorities, including on-campus and local and/or state police, and the option to be assisted by campus authorities in notifying such authorities, if the student or employee so chooses;
ii. existing counseling, mental health or student or employee services for victims of sexual assault, both on campus and in the community,
iii. the options for, and available assistance in, changing academic, work, and, or living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available.

Disciplinary Procedures

1. The college and/or the alleged victim may initiate college disciplinary action against the person accused of rape, or other sex offenses, forcible or non-forcible. Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or non-forcible, include the following: warning, probation, suspension, dismissal for an indefinite period, permanent dismissal, restitution, special assignments, and restriction or revocation of privileges.

2. If on-campus disciplinary action is instituted, the college shall follow its disciplinary procedures as outlined in the MWCC Student Handbook or appropriate Collective Bargaining Agreements and Personnel Policies Handbook.

These procedures shall include the following:
A. The disciplinary hearing shall take place, soon as possible, after the accuser has filed the initial report.

B. The accuser and the accused are entitled to the same opportunities to have an advisor present during a campus disciplinary proceeding.

C. Both the accuser and the accused shall be informed of any outcomes of any campus disciplinary proceeding brought forth, alleging a sexual assault.

The Ramstad Amendment

The MWCC Sexual Assault Policy is in compliance with the 1992 Sexual Assault Victim’s Bill of Rights (The Ramstad Amendment). The MWCC policy demonstrates the following statutorily required policies and procedures:

the right of the accuser and accused to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;
both parties have the right to be informed of their options to notify proper law enforcement authorities (Gardner Police, Leominster Police, the Massachusetts State Police or MWCC campus police), and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses;
survivors shall be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community. The college’s director of counseling and college nurse provides immediate assistance and shall make referrals to the Rape Crisis Center located in Gardner, Massachusetts. Similarly, the college hosts a counselor from the Rape Crisis Center on campus for three (3) hours per week. This counselor provides confidential counseling services at no cost to the student for victims of sexual assault and rape. Additional referrals are made to North Central Human Services in Gardner, and Athol Massachusetts at reduced costs to students or with coverage by individual health insurance plans; and
notification to students of options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available.

Family Educational Rights and Privacy Act of 1974 (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

(1) The right to inspect and review the student’s education records within 45 days of the day the college receives a request for access.

Students should submit to the records office, dean, assistant dean, or other appropriate official, written requests that identify the record(s) they wish to inspect. The college official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

(2) The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.

Students may ask the college to amend a record that they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why 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.

(3) The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Further, upon request, the college discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by an institution of higher education to comply with the requirements of FERPA.

Such complaints may be filed with the Family Policy Compliance Office at the U.S. Department of Education, 600 Independence Avenue, SW, Washington, DC 20202-4605.

The college identifies the following information as directory information: student’s first and last name and middle initial; the city and state of the student’s billing address; the student’s declared program(s) of study at the college; the student’s enrollment status (full- or part-time); degree or certificate earned and academic honors. Directory information may be released by the college to a third-party requesting such student information without first obtaining the parent’s or eligible student’s consent. A parent or eligible student has the right to refuse to permit the college from identifying those types of information about the student as directory information. A parent or eligible student must notify the college’s records office within two weeks of the beginning of each academic semester if the parent or eligible student does not want those types of information about a student designated as directory information. Notwithstanding the college’s definition of directory information, the Department of Defense, pursuant to the Omnibus Consolidated Appropriations Act of 1997, identifies the following student information as directory information: student names, addresses, and telephone listings; and if known, student ages, levels of education, majors. If a parent or eligible student chooses not to exercise his/her aforementioned right to refuse to permit the college to designate some or all of those types of information about the student as directory information, the college will release to the Department of Defense, or an agency thereof, that student information which the Department of Defense has designated as directory information. This may result in the nonconsensual release of students’ personally identifiable information by the college to the Department of Defense. When student information is released pursuant to a Department of Defense request, notice of the request and the release of student information in accordance therewith will be posted in a conspicuous location in the college records office for the period of one academic year.

In addition to these policies and in compliance with FERPA regulations, MWCC has adopted a Massachusetts Board of Higher Education recommendation that the parents or legal guardians of students under twenty-one years of age be notified when the student has violated the MWCC alcohol or drug policies. Section 952 of the 1998 Higher Education Amendments, authorizes institutions of higher education to disclose to parents and guardians of students under age twenty-one, violations of institutional policies or rules, as well as local, state, and federal laws governing the use or possession of alcohol or a controlled substance.

Record Keeping/Destruction of Records

The Academic Record is the only permanent record and is maintained in perpetuity. All other records will be expunged in accordance with the policies of the Massachusetts College System and the laws of the Commonwealth. Folders containing educational, admissions*, medical**, disability and other "non-permanent records" should be retained until five years after the date of graduation or the last day of attendance and then destroyed unless otherwise designated by the president (such as placement files). Financial aid records will be retained in accordance with pertinent state and federal regulations.

*Admissions records, even for those not accepted, must be held for three years, according to Massachusetts Commission Against Discrimination Policy.

**Medical records held by a college clinic or infirmary must be retained for thirty years following the student's graduation pursuant to G.G.c11170.

Massachusetts Trespass Act

MWCC is governed by the Massachusetts Trespass Act, enacted June 2, 1969, Trespassing Upon the Land of Certain Institutions. Whoever willfully trespasses upon land or premises belonging to the Commonwealth, or to any authority established by the general court for purposes incidental to higher education, appurtenant to a public institution of higher education, the state prison, state prison colony, Massachusetts reformatory, reformatory for women, state farm, Tewskbury Hospital, Soldiers’ Home in Holyoke, and public institution for the care of insane, feeble minded or epileptic persons, and Massachusetts training school or state charitable institution, or upon land or premises belonging to any county and appurtenant to a jail, house of correction or courthouse or whoever after notice from an officer of any said institution to leave said land, remains thereon, shall be punished by a fine of not more than $50 or by imprisonment for not more than three months.

MWCC Information Technology Acceptable Use Policies

The MWCC Information Technology Acceptable Use Policy applies to all MWCC students, faculty and staff.

Information Technology General Acceptable Use Policy

Introduction

MWCC provides information technology resources for students, faculty and staff.

The Acceptable Use Policy:

Provides guidelines for responsible use of MWCC's technology resources by all members of the college community
Provides policies that MWCC uses in providing technology resources and network services to the college community
Explains enforcement procedures of these policies
Applies to all those using college computing equipment whether the individual is on or off campus

A link to the complete policy is displayed when you log on to the network.

Guidelines for Responsible Use of College Technology Resources

MWCC recognizes that free expression of ideas is central to the academic environment. For this environment to flourish, all users must adhere to the guidelines within this statement.

MWCC provides computing equipment and services. The primary purposes of this computing equipment are the academic, research, administrative and communications needs of its students, faculty and staff. The use of computing equipment for other purposes is allowed, provided that it does not violate or conflict with (a) any federal, state or local law; (b) the college mission or policies; and (c) any guideline in this statement. Access to all MWCC owned and/or operated computing and electronic communications facilities is a privilege and not a right. Individuals who refuse to follow the Acceptable Use Policy (AUP) will not be granted user accounts.

Violations of the AUP by individuals with accounts may result in penalties including, but not limited to, closure of all accounts and revocation of all computing privileges. Other penalties may be levied up to and including dismissal from the college or termination of employment.

User Responsibilities Include, But Are Not Limited To:

Maintaining privacy and security by keeping all passwords confidential
Honoring all computing security procedures implemented by the college
Being reasonable and prudent in the consumption of college computing and network resources
Deleting old and unused email and file(s) on a regular basis
Maintaining the accuracy of private mail groups by updating when members change
Developing adequate proficiency in the tools and technologies appropriate to his/her needs

College Network Usage Guidelines Include, But Are Not Limited To:

No one may misuse, abuse or otherwise damage college computer or network equipment.
No one may install or use any software or hardware designed to disrupt the security of any computing equipment, whether owned by the college or by others.
No one other than information technology staff may download or install any software on any student-accessible college computer.
No one may use college resources to support political or non-college related business interests.
No one may sell or provide access to MWCC's computing resources to individuals, groups or businesses outside the college community except (1) as authorized in writing by an appropriate senior officer of the college and (2) for authorized college business relationships.
Recreational uses—such as game playing or music or video file sharing—are inappropriate except as a part of an instructional plan. In such instances these activities are allowed as long as they are (a) legal, (b) do not interfere with the primary purposes of the system, and (c) do not interfere with the primary purpose of the college's technical environment.
No one may engage in any activities designed to spy on network traffic or to access passwords, user IDs, files or programs of other users.
No one may engage in software piracy or copyright infringement. All software installed on college computers must be used in conformance with the license granted by the developer. Unlicensed products will be removed from college computers.
No one may send, store, print or solicit receipt of email messages, files or programs that contain fraudulent, harassing, racist or obscene language, visual, or audio content. Exceptions may be made for legitimate academic research purposes with prior approval.
Note that any email message (other than official college business) sent to an individual after that individual has indicated through any method that they no longer want to receive email from the sender constitutes harassment. Complaints are handled via the Enforcement Procedures section (see below).
No one may use email to engage in "chain letter" or "spamming" (bulk "junk" email activity).
may use email to engage in "chain letter" or "spamming" (bulk "junk" email activity).
No one may send, store, print or solicit receipt of email messages, files or programs that are offensive or in conflict with the Mission Statement of MWCC, or that violate federal and/or state laws.
No one may use college computing resources for illegal behavior or illegal activities as defined by federal, state and/or local laws.

College Technology Resources and Network Services Policies

Disclaimer: The responsibility for the content of personal files, programs, webpages and email rests solely with the individual and not with the college. MWCC does not monitor the contents of embedded links of personal user accounts or personal webpages although it expressly reserves the right to do so.

To preserve the integrity and maintain efficient functioning of the college's computing facilities, the college enforces the following policies:

All email (read or unread) stored within any folder on the Exchange Server will be deleted after 90 days.
Bulletin board messages of events will be posted for 30 days and then removed. Messages pertaining to courses are under the control of the instructor.
The creation of public mail groups is limited to college departments, committees, and official student organizations.
Use of this list for any commercial purpose not directly connected to college sponsored events requires approval of the president or his/her designee prior to sending the email.
Computing resources are provided for academic, research, administrative and communications uses only.
The college reserves the right to establish time limits on the use of public workstations as needed.
MWCC realizes that the free expression of ideas is central to academia, but will not tolerate the display of pornographic, obscene, abusive, racist, or other inappropriate material at any public workstation. The college reserves the right to determine the appropriateness of material displayed on public workstations.
The MWCC computing facilities constitute a private system. As such, the information stored on the college equipment is the property of the college and the Commonwealth of Massachusetts with the exception of material expressly developed by faculty, staff, and students for publication. Copyright and ownership of such content must be expressly and clearly stated in such works. Individuals who place content owned by others on computers under their control accept full responsibility for maintaining compliance with copyright laws.
The college respects the privacy of authorized users of its computing resources. Therefore, the college will not access the personal files or monitor the system usage of any authorized user without that individual's consent, with certain exceptions:
1. A subpoena or other properly served request from enforcement officers. All such requests must be served by an officer of the court that has jurisdiction and be reviewed and approved in writing by a senior officer of the college. Review by College Counsel may be appropriate.
2. A written request from an appropriate senior officer of the college to provide information as part of an ongoing investigation and/or disciplinary matter.
3. A written request from a systems administrator, based on reasonable evidence that files or programs stored in an authorized user's directory are the source of interference with the efficient functioning of the college computing facilities, that such files are violations of any part of this policy, or are infringing on copyright or intellectual property rights. The executive director of information technology must endorse such a request.
4. A written request from the president of the college.
5. A written request from College Counsel in support of a ongoing investigation or inquiry.
6. A written request from the appropriate college officer as a part of a termination of employment action.

Information Technology will maintain records of all of these requests for access and will report the number of requests annually to the college administration.

In most jurisdictions electronic files are treated like paper files and subject to subpoena in legal actions.
Student accounts are deleted after graduation or after one year of inactivity. Employee accounts are disabled as soon as the IT department is notified of termination of employment. Human resources should notify the CIO immediately when such personnel actions are imminent.
Passwords to terminated employees accounts will not be provided to other individuals. File access can be provided through system delegation facilities.

Enforcement Procedures

The college retains right without restriction to monitor, authorize, control, or stop the use of any technology found on its computers or networks.

Violations of the Acceptable Use Policy will be referred to the appropriate senior officer of the college for action through the established disciplinary processes of the college. The results of such referral may include but is not limited to:

Files and/or programs may be deleted
User access privileges may be inactivated
User accounts may be removed
Users may be suspended, expelled or terminated from college employment

If a member of the college community believes that another has violated his/her rights, he/she should report the incident to the chief information officer and his/her department head.

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