The Student Policy Guide contains current information regarding academic and college policies and procedures for Berkshire Community College. It is not, however, intended to be and should not be relied upon as a statement of the college's contractual undertakings. The Berkshire Community College Board of Trustees and the Commonwealth of Massachusetts Board of Higher Education reserve the right to change its academic policies, procedures, and fees as set forth in this manual.

It is the policy of Berkshire Community College not to discriminate on the basis of race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, and national origin in its educational programs, activities or employment policies as required by Title IX of the 1972 Education Amendments and other Federal and State anti-discrimination laws.

The following policies and procedures  have been extracted from the Commonwealth of Massachusetts' Community College's Affirmative Action Plan, which is on file in the Office of Human Resources:  

• Affirmative Action, Non-Discrimination, and Diversity Policy Statement
• Affirmative Action Grievance Procedure
• Acquired Immune Deficiency Syndrome (AIDS)
• Consensual Relationships
• Gender and Sexual Orientation Discrimination
• Non-Discrimination and Accommodation for Persons with Disabilities
• Pluralism
• Sexual Harassment

Berkshire Community College is accredited by the New England Association of Schools and Colleges.
Copies of the most recent accreditation report are available upon request from the Office of Academic Affairs.

MISSION AND VALUES

As the college founded to serve the needs of Berkshire County, the mission of Berkshire Community College is to place higher education within reach of all Berkshire County residents.

Berkshire Community College is committed to access, academic excellence, student success, and leadership in the community.

• We will provide access to higher education by helping students overcome financial, physical, or social barriers.
• We will hold the college to standards of academic excellence that prepare students for transfer or careers, and that foster a life-long enthusiasm for learning.
• We will promote student success by providing the services students need to meet our academic standards and to achieve their personal and professional goals.
• We will provide leadership by convening and supporting collaborative efforts among community organizations, employers and civic leaders to meet the county's economic development needs, by serving as a center for cultural activities, and by providing learning opportunities for families and residents of all ages.

The College affirms the following values:

• Integrity in the College Workplace: Expect that the actions of all members of the college community are forthright and consistent with the college's mission and that the college will earn the public trust.
• Innovation: Promote an environment that encourages creativity.
• Tradition: Honor the college's history of excellence and service through traditional ceremonies and symbols.
• Participatory Governance: Expect all members of the college community to assume responsibility for and participate in the fulfillment of the college mission.
• Respect for Differences: Support an environment that respects individual differences and assures equitable treatment within the college community.
• Service to Others: Reinforce personal growth, responsibility, and leadership through service learning, community involvement, and volunteerism by all members of the college community.

(Amended and approved by Berkshire Community College Board of Trustees 5/5/99)

ALPHABETICAL TABLE OF CONTENTS

Student Rights & Responsibilities
Student Code of Conduct
Due Process Guidelines
Student Grievance Procedure

Academic Accommodations for Students With Disabilities 
Acquired Immune Deficiency Syndrome (AIDS) 
Affirmative Action, Non-Discrimination, and Diversity Policy Statement 
Affirmative Action Grievance Procedure 
Animals on Campus 
Bulletin Board Policy 
Children on Campus 
Confidentiality of Student Records 
Consensual Relationships 
Criminal Offender Record Information (CORI) Checks 
Drug & Alcohol Policy 
Equity In Athletics 
Financial Aid Recipients Withdrawal/Refund Policy 
Financial Aid Satisfactory Academic Progress Policy 
Gambling Policy 
Gender and Sexual Orientation Discrimination 
Golfing & Hunting on Campus 
Hazing Law 
Immunization and Medical Records 
I.D. Card Information 
International Student Regulations 
Internet:  Acceptable Use And Conditions And Rules For Use 
Non-Discrimination and Accommodation for Persons with Disabilities 
Parking Regulations 
Plagiarism & Academic Dishonesty 
Pluralism 
Police Investigations 
Recruitment and Hiring 
Sex Offender Registry Information (SORI) Checks 
Sexual Harassment 
Smoking Policy 
Snow Days/Delays 
Solicitation Policy 
Suspension & Probation 
Tuition Refund 
Use of Public Buildings for Political Activity 
Weapons Policy 
Crime Awareness & Campus Security Report 
Incident Statistics 
Berkshire Community College - Main Campus 
BCC - South County Center Security Policies and Procedures 
Incident Statistics South County Center 
Berkshire Community College Sexual Assault Policy and Procedures 
Victim Information Sheet 
Location of Emergency Phones 

             Objectives:

A.  Student Responsibilities:

1. To be knowledgeable of and comply with the directives, regulations, and laws of duly constituted civil authorities. In addition,      the following list of student responsibilities were approved by the Berkshire Community College academic council in May 1997:

2. To observe the dates set forth in the college academic calendar.

3. To be familiar with the requirements of his/her academic program and to consult with his/her advisor about graduation requirements,     registration, and other academic concerns.

4. To prepare for class by reading assigned material, completing assignments, and utilizing laboratories, where appropriate.

5. To attend classes and labs regularly and on time and to notify his or her instructors in case an emergency prevents attending.

6. To utilize peer tutoring, the writing lab, and study skills workshops, as appropriate, to maximize class performance.

7. To take advantage of library resources and services to develop research skills and information literacy.

8. To respect faculty and staff and the academic rights of other students.

9. To act civilly and to conduct oneself in such a way as to not impair other students' opportunity to learn.

B.  Student Rights:

1. To have the opportunity to pursue higher education.

2. To have the freedom to exercise the rights of citizenship, association, inquiry, and expression.

3. To have the right of privacy and confidentiality.

4. To have the right of voting representation on all recommendations to the president of the college on matters of concern, including but not limited to academic standards, student affairs, and curriculum changes.

5. To have the right of quality education, including but not limited to:

a. the right to assistance in overcoming educational, cultural, emotional, and economic disadvantages which hinder the educational process;

b. the right to receive in writing from each faculty member during the first week of classes, of every quarter, or semester, a brief written course description outlining the material to be covered, course requirements including a specific list of information and techniques, which the student is expected to acquire, attendance policy, and the grading system to be utilized.

6. To have the right to fair and equal treatment, including but not limited to instruction, evaluation, and services by faculty, staff, students, and administrators.

7. To have the right to procedural due process in grievance and disciplinary hearings.

Right to Protest

The following policy was adopted by the Massachusetts Board of Regional Community Colleges on April 11, 1969:

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society.  Free inquiry and free expression are indispensable to the attainment of these goals.  As members of the academic community, faculty, staff, and students are encouraged in a sustained and independent search for knowledge.

Freedom to teach and freedom to learn are inseparable facets of academic freedom.  The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community.  The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community, students, faculty, and staff.

Each college will respect and defend the right of its members to lawful exercises of free speech and assembly in behalf of causes, whether popular or unpopular.  These rights are properly exercised only when due regard for the rights of others is assured, and actions denying the rights of others to move or speak freely, whether or not such interference is their motive, lie outside constitutional guarantees and the obligation of the college to defend them.  Therefore, if in the judgment of the president or his/her designee, persons are attempting to interfere with the freedom of movement or speech of members or guests of the college community, or the orderly operation of the college, the president of the college or his/her designee is authorized to:

1. Advise such persons of the impropriety of their activity and request immediate desistance from such activity. Call the appropriate authority     to remove such interfering person(s) who fail to desist.

2. Suspend temporarily such members of the college community as have participated in such interference and persist in such activity.

3. Grant as soon as reasonably possible, a hearing before an appropriate committee to any person appealing such suspension. Following such a     hearing, the committee will make a recommendation to the president.

4. Taking into account the committee's recommendation, the president will determine his/her disposition of the case.

Any person who involves him/herself in the willful destruction of college or personal property will, in addition, be answerable to charges filed with the civil authority.

To view the process taken for Judicial Processes, click here: 

Judicial Process - Flow Chart  

STUDENT CODE OF CONDUCT

Definitions

Accused Student - The student who is alleged to have violated the College's Student Code of Conduct.

Appeals Officer - The person designated by the College's President to hear student appeals of a judicial board finding.

Cheating - Includes, but is not limited to:

(1) use of any unauthorized assistance in taking quizzes, tests, or examinations;

(2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or

(3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.

• Cheating shall also include the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement.
• It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
• Taking credit for work done by another person or doing work for which another person will receive credit.
• Copying or purchasing other's work or arranging for others to do work under a false name.

College - This term refers to Berkshire Community College.

College Official - Includes any person employed by the College, performing assigned administrative or professional responsibilities.

College Premises - Includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, including adjacent streets and sidewalks.

Complaint - The informal, often unwritten stage of an allegation of a violation of the Student Code of Conduct.

Day - As used in this policy, shall mean a calendar day.

Faculty or Staff Member - Any person hired by the College to conduct classroom, instructional, administrative or support activities.

Complaining Party - The individual bringing a complaint against an accused student.

Judicial Board - A panel of College Officials designated by the Vice President/Senior Student Affairs Officer to conduct a hearing after the Vice President/Senior Student Affairs Officer has determined that a violation of the Student Code of Conduct has occurred and an Administrative Remedy cannot be reached. All Judicial Board members shall act in an impartial, unbiased manner.

Member of the College Community - Includes any person who is a student, faculty member, College official or any other person employed by the College. A person's status in a particular situation shall be determined by the Director of Human Resources or the Registrar.

Plagiarism - Includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. This would also include material that is obtained from the computer.

Student - Includes all persons taking courses at the College, both full-time and part-time, credit and non-credit. Persons who are not officially enrolled for a particular term but who have a continuing academic relationship with the College are considered "students."

Student Organization - Any number of students who have compiled with the formal requirements for the College's organization recognition process.

Time - The number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the Vice President/Senior Student Affairs Officer or designee may extend the time limits at their discretion with notice to both parties in writing.

Vice President/Senior Student Affairs Officer or Designee - The College Official designated by the College's President to be responsible for the administration of the Student Code of Conduct.

Disciplinary Offenses

The College's jurisdiction under this policy shall extend to student conduct occurring on College property, property under the management and/or control of the College, and/or off College property when such conduct adversely affects the College Community, poses a risk of harm or the threat of harm to the College Community and/or interferes with the College's pursuit of its objectives and mission.

A student shall be subject to the disciplinary sanctions outlined in this policy for acts including, but not limited to:

• Physical violence or the threat thereof and/or any conduct that threatens or endangers the health or safety of any person.
• Creating or false reporting of bombs.
• Extortion - The use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else without his/her consent.
• Unauthorized use of fire alarm or fire equipment.
• Unauthorized or illegal gambling.
• Hate Crimes as defined under state or federal law.
• Hazing as defined under state of federal law.
• Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises.
• Conduct resulting in a violation of the College's Computer/Technology Acceptable Use and/or Email Policies.
• Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
• Failure to identify oneself when on College property or at a College-sponsored or supervised event, upon request of a College official acting in the performance of his/her duties.
• Use, possession, or distribution of alcoholic beverages or public intoxication except as expressly permitted by law and/or College regulations.
• Use, possession, or distribution of illegal drugs or other controlled substances.
• Breach of peace; including disorderly, lewd, or indecent conduct, or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in, by the College.
• Defacement or destruction of College materials or College property. Attempted or actual theft, or unauthorized use of and/or damage to property of the College or property of a member of the College community or other personal or public property.
• Acting in a manner or participating in an event which disrupts the normal operations of the College and the learning environment and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which interferes with freedom of movement, either pedestrian or vehicular, on campus.
• Harassment (verbal or physical) and or intimidation of a member of the College Community.
• Acts of dishonesty, including but not limited to the following:
• Cheating, including use of unauthorized books or notes, plagiarism, or other forms of academic dishonesty, as defined by College policy.
• Forgery, alteration, or misuse of any College document, record, or instrument of identification. Alteration of college records, documents, or identification instruments or the use of the same with the intent to defraud.
• Furnishing false information to any College official, faculty member or office.
• Disrupting or tampering with the election of any College recognized student organization.
• Abuse of the Disciplinary process, including but not limited to:
• Falsification, distortion, or misrepresentation of information before a Judicial Board.
• Disruption or interference with the orderly conduct of a judicial proceeding.
• Attempting to discourage an individual's proper participation in, or use of, the judicial system.
• Attempting to influence the impartiality of a member of a Judicial Board prior to, and/or during the course of, the judicial proceeding.
• Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a judicial proceeding.
• Failure to comply with the sanction(s) imposed under the Student Code.
• Influencing or attempting to influence another person to commit an abuse of the judicial system.
• Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College premises.
• Unauthorized solicitation, including but not limited to sale of goods and services for personal profit.
• Unauthorized activity that constitutes forgery.
• Violation of State or Federal Laws not otherwise enumerated herein.
• Violation of published College policies, rules, or regulations not otherwise enumerated herein.

Discipline in the Classroom

Disrupting or disturbing the classroom is a violation of the College's Student Code of Conduct. A faculty member has the right to remove a disruptive student from class, pending a review of the situation by the Vice President/Senior Student Affairs Officer or designee. Any faculty member may, at any time, refer a student to the Vice President/Senior Student Affairs Officer or designee, if the student is in violation of the Student Code of Conduct. The Vice President/Senior Student Affairs Officer or designee may impose disciplinary sanctions against the offending student consistent with the rules and regulations of the Student Code of Conduct. At the discretion of the Vice President/Senior Student Affairs Officer or designee, a student may be allowed to attend class during the disciplinary review process. In making this determination the Vice President/Senior Student Affairs Officer or designee will consider the severity of the disruptive behavior and may consult with the Chief Academic Officer.

Complaints Alleging Sexual Harassment or Discrimination

Claims of discrimination or sexual harassment shall be pursued under the College's Affirmative Action Plan. For more information, please contact Deborah A. Cote, the College's Affirmative Action Officer, at 236-1022.

Off Campus Behavior

If a student is charged only with an off-campus violation of federal, state, or local laws, the College reserves the right to take disciplinary action and impose sanctions against the student. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Code of Conduct Disciplinary Process

The Disciplinary Process is initiated once a formal complaint is filed against a student by a member of the College community or by the Vice President/Senior Student Affairs Officer. This policy is not intended to prevent members of the College Community from attempting to resolve matters mutually and informally. For example, if a student engages in disruptive conduct in the classroom, a faculty member may confront the student and resolve the matter without resorting to filing a complaint under the Code. Where, however, a matter cannot be resolved mutually and informally, the Code of Conduct Process shall be followed.

Disciplinary Process

All complaints under the Code of Conduct shall be filed with or by the Vice President/Senior Student Affairs Officer or designee.

When the VP/SSAO receives a complaint that a student has acted in a manner which may be in violation of the Code, the VP/SSAO or designee initiates the disciplinary process by meeting with the Accused Student, putting him/her on notice of the alleged violation and providing him/her an opportunity to respond to the allegations. Thereafter, the VP/SSAO or designee may conduct an investigation.

If the Vice President/Senior Student Affairs Officer or designee determines that a violation exists, two procedural options are available. One, the violation may be resolved through an administrative disposition conducted by the VP/SSAO or designee. In this case, the student may accept the administrative remedy proposed by the VP/SSAO or designee and in doing so waives in writing his/her right to a disciplinary hearing or appeal. Alternatively, if the Accused Student does not accept the proposed administrative remedy, then the student may receive a hearing before a Judicial Board, to which a right of appeal exists.

If the student chooses a hearing with the Judicial Board, the VP/SSAO or designee will schedule a hearing.

The Judicial Board will hear the case and issue a written decision and/or sanction within ten (10) days of the hearing.

The student may appeal the Judicial Board decision to the College's Appeals Officer. A right of appeal exists only if based on new evidence or information.

Failure to cooperate with the College's investigation of an alleged Code of Conduct violation, which includes appearing before  a Judicial Board or College official if summoned to do so, will result in the student forfeiting his/her rights to a hearing or appeal and/or may result in disciplinary action.

Sanctions

A student found in violation of the College's Code of Conduct shall be subject to one or more of the following sanctions:

• Verbal Warning
• Written Warning
• Restrictions/Loss of Privileges
• Probation
• Community/Educational Service
• Restitution
• Suspension
• Expulsion

The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on the nature and severity of the student's violation the College reserves the right to impose any of the above-referenced sanctions at any time. The College also reserves the right to issue an interim suspension where a student's conduct:

(a) poses a threat to him/herself or others;

(b) poses a threat to or results in damage to College property; or

(c) poses a threat to or results in disruption or interference with the normal operations of the College. During an interim suspension, a student is prohibited from entering the College's premises or participating in any College activities until further notice from the VP/SSAO.

Charges and Hearing

When an Accused Student is to appear before a Judicial Board, all charges shall be presented to the accused student in written form. A notice of charges shall be presented to the student no less than five (5) days prior to the hearing. A hearing shall be scheduled no later than thirty (30) days following the accused student's request for a hearing.

Hearing rules are as follows:

Hearings normally shall be conducted in private.

Admission of any person to the hearing shall be at the discretion of the VP/SSAO or designee.

In hearings involving more that one Accused Student, the VP/SSAO or designee may permit at his/her discretion individual hearings for each Accused Student.

The Accused Party has the right to be assisted by any advisor he/she may choose, at their own expense. The advisor may be an attorney. An advisor is not permitted to speak or to participate directly in any hearing before a Judicial Board.

Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a Judicial Board at the Board's discretion.

All procedural questions are subject to the final decision of the VP/SSAO or designee.

After the hearing, the Judicial Board shall determine by majority vote whether the student has violated each section of the Student Code which the student is charged with violating.

The Judicial Board's determination shall be based on whether it is more likely than not that the Accused Student violated the Student Code.

There shall be a record created of all hearings before a Judicial Board. The record shall be the property of the College subject to state and federal student record laws.

A hearing before a Judicial Board is an administrative hearing. The rules of evidence do not apply. Direct cross-examination is not permitted. All questions must be directed through the Board, as indicated below.

Conduct of Hearing

A hearing shall proceed as follows:

The VP/SSAO or designee presents the complaint with supporting investigatory materials and/or witnesses.

Accused Student presents statement, materials and/or witnesses in opposition to the complaint.

Once the parties have presented their respective positions, the Judicial Board may question each party, their witnesses and review all documentary evidence presented.

After the Board has questioned the parties and/or witnesses, each party will be given the opportunity to question the other. All questions must be directed through the Board. If the Board determines that the question is relevant to the matter, the other party will be asked to respond.

Following the parties' questioning period, the Board will have another opportunity to question the parties.

Following the hearing's conclusion, the Judicial Board shall deliberate and issue a written recommendation to the VP/SSAO or designee, within two days. The VP/SSAO shall accept, reject, or modify the Board's recommendation. The VP/SSAO shall issue his/her decision to the Accused Student within five (5) business days of receiving the Board's recommendation.

Appeal

An Appeal of the VP/SSAO's decision is permitted only to consider new evidence, which was not brought out in the original hearing because such evidence was not reasonably known to the Accused Student at that time, and which is sufficiently relevant such that it could alter the VP/SSAO's decision.

An Appeal must be filed in writing with the Appeals Officer within five (5) days of the Accused Student's receipt of the VP/SSAO's decision.

Upon considering an appeal, the Appeals Officer may:

a. confirm the original decision and sanction; or

b. modify the original decision and/or sanction.

The Appeals Officer's decision shall be final.

These guidelines are to accompany the BCC Student Code of Conduct Policy.  It is the procedure for initiation of disciplinary procedures, the conduct of hearings and the appeals process.  Additional copies of this can also be found in the office of the Dean of Student Affairs.

1. Initiation of Disciplinary Proceedings

a. Any current employee or student of the College may file charges against any student of the College for misconduct. The charges shall be filed in writing with the Dean of Student Affairs or his/her designee, hereinafter referred to as Dean, within fifteen (15) college business days, from the time the person knew of, or should have known of, the alleged misconduct. In extraordinary circumstances, the Dean may suspend the student, pending consideration of the case.

b. The Dean shall cause a preliminary investigation to be made for the purpose of ascertaining whether the charges may be disposed of informally without initiation of disciplinary proceedings.  The student against whom the charges have been brought may, at his/her request, have the assistance of a faculty/staff advisor at the time of such investigation.

c. If the Dean determines that the alleged misconduct requires the initiation of disciplinary proceedings under these rules, he/she shall appoint a Disciplinary Board, (referred to as the Board.)  If the Dean decides that a letter of reprimand is sufficient, it may be sent without convening a meeting.  The Board shall consist of two (2) professional staff /faculty members (unit and non-unit) and one (1) member of the student body.  This Board shall elect its own chairperson.

d. The Dean shall deliver to the student charged, or send by certified or registered mail, written copies of the charges, together with notice of the initiation of proceedings.  A copy of the charges shall also be delivered to the Chairperson of the Board.  Each of these notifications shall be made within ten (10) college business days of the charge being made.

e. Within five (5) college business days after receipt of the charges and notice to the student against whom the charges are made, the student shall respond in writing to the Dean with a copy to the chairperson of the Board if he/she wishes to contest the charge.  The chairperson of the Board may extend the time for such response.

f. The chairperson of the Board shall set a time for the hearing, which shall normally be within five (5) college business days.

2. Conduct at Hearing 

a. A date for the hearing in a disciplinary proceeding shall be fixed by the Chairperson of the Board after consultation with the parties to the proceedings.

b. The hearing shall not be restricted by the rules of procedure or evidence.

c. Upon permission of all involved parties, hearings may be tape-recorded.

d.  The hearing shall be private unless otherwise requested by the student charged, but the person(s) initiating the complaint may not be excluded from the hearing.  In hearings involving more than one student, in which one or more students, but not all, requests a public hearing, severance shall be allowed upon request.

e. On behalf of the College, the charges and evidence shall be presented by a person designated by the Dean.  The person so designated may have the aid of an advisor from the college community.

f. A student charged with misconduct also has the right to be accompanied by an advisor from the college community and shall have access upon request to pertinent information that will be used by the person acting for the College.

g. The Board may address questions to any party to the proceedings or to any witness called by the parties, or by the Board. Any party may request the privilege of presenting witnesses, subject to the right of cross-examination by the other parties and to questions from the Board. The Board may decide to limit the number of witnesses to be heard. The Board may also require documentation by records or by other exhibits. Witnesses may be present only during the time they are presenting information or are being cross-examined.

h. No recommendation for the imposition of disciplinary penalties shall be based solely upon the failure of the student to attend the hearing.  In any such case, the decision whether to reschedule the hearing or to proceed in the student's absence shall be left to the discretion of the Board. 

i. The chairperson of the Board shall make a report to the Dean and to the parties to the hearing, consisting of the statement of charges, a summation of the evidence presented, and the recommendations of the committee, including reasons therefore.  This report shall be made within five (5) college business days following the conclusion of the hearing.

j. The Dean shall, after reviewing the report and recommendations of the Board, make the decision and communicate the decision to the parties concerned within five (5) college business days after receiving the report.

3. Appeals

An appeal of the decision of the Dean may be made within seven (7) college business days to the President of the College.  The decision of the President shall be disseminated in writing to the parties involved and shall be final and binding.

Definitions

COMPLAINT:  the informal, unwritten stage of an allegation of mistreatment.

GRIEVANCE:  a written complaint filed by a student with the person designated by the President as the Student Grievance Officer specifically alleging an abridgment of his or her rights as a student.

GRIEVANT:  the student or students filing the complaint or grievance.  The Grievant must have been a registered student of the College at the time of the alleged mistreatment.

RESPONDING PARTY:  the person against whom a complaint or grievance is directed.

STUDENT GRIEVANCE OFFICER:  a College employee assigned responsibility for administering the Student Grievance Procedure, including the maintenance of specified records.  The Student Grievance Officer shall ordinarily be the Senior Student Affairs Officer.  If this individual is the person against whom the grievance is filed, the President shall designate another College official to act as the Student Grievance Officer.

TIME:  the number of days indicated at each level shall be considered as a maximum.  All reasonable efforts shall be made to expedite the process, but the President or his/her designee may extend the time limits in extenuating circumstances with notice to both parties in writing, or by mutual written agreement between the Grievant and the Responding Party.

DAY:  as used in this policy, shall mean a calendar day.

SENIOR OFFICER:  senior level employee who reports to the President for the Responding Party's work area. 

INSTRUCTIONAL PERIOD:  the academic semester, summer session or intersession when a Grievant knows or should have known of a grievable act or inaction.  The Instructional Period shall end on the last day of final exams.

Utilizing the Student Grievance Procedure

The Student Grievance Procedure may be used by a student to address complaints concerning the alleged abridgment of the student's rights, as stated in the College's Student Handbook and/or Policy Guide.  The student Grievant or the Responding Party may consult with the Student Grievance Officer at any time.  The College's Student Grievance Officer is the Dean of Student Affairs and Enrollment Services, Michael Bullock ext. 1601.

The Student Grievance Procedure may not be used for complaints alleging sexual harassment or discrimination.  When a student believes that he/she has been discriminated against due to his/her race, creed, religion, color, gender, sexual orientation, age, disability, maternity leave, genetic information or national origin, the College's Affirmative Action Grievance Procedure is a mechanism for resolution.  The College's Affirmative Action Grievance Procedure is contained in the College's Affirmative Action Plan, and is also found in this policy guide.  The College's Affirmative Action Officer is the Director of Human Resources, Deborah Cote ext.1022.

If a complaint involves a grade dispute, a student shall process the complaint in accordance with the Student Grievance Procedure, even if the student alleges that a grade was improper because of discrimination.

At any Level of the Student Grievance Procedure, either party may request mediation by contacting the Student Grievance Officer.  Mediation shall be mutually agreed upon, and not unreasonably refused by either party.  The Student Grievance Officer shall select an impartial mediator who shall be mutually agreed upon and not unreasonably refused by either party, make the arrangements, determine the timetable for the mediation process, and inform the parties of the timetable in writing.  Where practicable, a mediation session shall be conducted no later than thirty (30) days after requested and agreed to by the parties.  The purpose of mediation is to resolve the dispute to the satisfaction of both parties.  If a resolution cannot be achieved, the Grievant may proceed with the Grievance Process.

A claim of physical or sexual assault shall not proceed under the Student Grievance Procedure.  A student claiming physical or sexual assault by an employee of the College shall report the incident to the College's Security Department and/or the Director of Human Resources.  A student claiming physical or sexual assault by another student or an employee claiming physical or sexual assault by a student shall report the incident to the College's Security Department and/or the Dean of Student Affairs and Enrollment Services.

Further, in matters involving physical assault, students and employees are strongly encouraged to report the incident to the local authorities.

Except for under extenuating circumstances, as determined by the President or his/her designee, failure by either party to comply with the Student Grievance Procedure during the course of a grievance shall result in the waiving of the noncompliant party's rights under the Procedure.

Level One - Informal Procedure

This is the informal stage where most complaints are resolved.  The Grievant and the Responding Party should consult with the Student Grievance Officer at this time. 

A student grievant initiates the informal phase of the grievance process.  The grievant shall first present his/her complaint orally and informally to the Responding Party.  This shall be done in a reasonable period of time, not exceeding thirty (30) calendar days following the instructional period when the Grievant knew or should have known of the grievable act or inaction. 

The Responding Party must respond to the Grievant's complaint within ten (10) days.  Though this phase of the process is informal, the parties may present their positions in writing.  If the matter is not resolved informally within ten (10) calendar days from the date a response to the complaint was due, the Grievant may proceed to Level Two.

Level Two - Formal Procedure

Prior to filing a written grievance at Level Two, a Grievant must consult with the Student Grievance Officer.  The Responding Party should also consult with the Student Grievance Officer at this phase of the process.

L2 - Step One

The Student Grievance Officer shall notify the parties in writing when a complaint is not resolved informally at Level One.

The Grievant may, within ten (10) calendar days after receipt of the Student Grievance Officer's written notice, file with the Student Grievance Officer a formal written grievance.  The grievance shall contain the following information:  the name and title of the person(s) against whom the grievance is directed, a statement of all known facts, documents and materials supporting the grievance, a list of individuals who have information pertinent to the grievance, and the relief sought by the Grievant.  All supporting documents, if any, shall be attached to the grievance as part of the grievance.  The grievance shall also state the date it is filed and that it is being filed at "Level Two, Step One."

The grievance may be filed with the Student Grievance Officer by regular mail, certified mail, or in hand.  Thereafter, the Student Grievance Officer shall deliver the grievance, and all supporting documents, if any, to the Responding Party within five (5) calendar days.  If the Responding Party is unavailable at the time the grievance is filed, the Student Grievance Officer shall use reasonable means to deliver the grievance within a reasonable period of time.

The Responding Party shall forward a written Level Two - Step One response to the Student Grievance Officer within ten (10) calendar days of his/her receipt of the grievance.  The Student Grievance Officer shall deliver the written response to the Grievant within five (5) calendar days of receipt.

L2 - Step Two (Supervisor Level)

If the grievance is not resolved to the satisfaction of the Grievant within ten (10) calendar days after his/her receipt of the Step One response, or if no written response is submitted, the Grievant may within ten (10) calendar days after the written response was received or due, request the Student Grievance Officer to forward the written grievance and response, if any, to the supervisor of the Responding Party, with a copy to the Senior Officer of the work area of the Responding Party.

The supervisor shall investigate the grievance and confer with the Senior Officer.  The supervisor shall forward his/her written decision to the Student Grievance Officer, within ten (10) calendar days after receipt of the Step Two grievance.  Thereafter, the Student Grievance Officer shall deliver the decision to the Grievant and the Responding Party within five (5) calendar days. 

At any time before the issuance of the Supervisor's Step Two decision, the Senior Officer may request that the parties meet to discuss the issue and attempt to resolve it.

Grade appeals do not go beyond this Step (Level Two - Step Two) per the section on Grade Appeals.

Either party to a grievance may raise no new issues or allegations after Step Two.

L2 - Step Three (Student Grievance Committee Level)

If the grievance is not resolved to the satisfaction of the Grievant within the period allowed at Level Two - Step Two, the Grievant may request a hearing before a Student Grievance Committee.  Such a request must be in writing and presented to the Student Grievance Officer within ten (10) calendar days from the issuance of the Supervisor's Level Two - Step Two decision.

Within ten (10) calendar days of the Student Grievance Officer's receipt of the Grievant's request for a hearing, the Student Grievance Officer shall arrange a hearing before a Student Grievance Committee.  The Student Grievance Officer shall use reasonable efforts to schedule the hearing at a time mutually convenient to the parties.  At least twenty-four (24) hours prior to the hearing, the Student Grievance Officer shall provide each member of the Committee and all parties to the grievance with copies of the grievance, responses to the grievance, decisions issued, and all relevant supporting documentation and materials.  The Committee's make-up and hearing rules are discussed later in this policy.

The Committee shall deliver its findings and recommendations to the Student Grievance Officer within ten (10) calendar days following the hearing.  A copy of the Committee's findings and recommendations shall be delivered to the Grievant, the Responding Party, and the President or his/her designee, within five (5) calendar days of receipt.

Within ten (10) calendar days of the President's receipt of the Committee's findings and recommendations, the President or his/her designee, shall issue a written statement accepting, modifying, or rejecting the Committee's recommendations.

The decision of the President, or his/her designee, shall be final and binding on all parties.

Grade Appeals

Complaints or grievances filed in connection with assigned grades represent a special case within the grievance procedure.  Grading reflects careful and deliberate assessment of a student's performance by the instructing professional(s).  As such decisions are necessarily judgemental, the substance of those decisions may not be delegated to the grievance process.  Nevertheless, the College recognizes that in rare cases the process of grading may be subject to error or injustice.

Except as otherwise provided by separate appeals procedures for clinical programs as approved by the President of the College, a student who alleges an error or injustice in the grading process may file a grievance under the Student Grievance Procedure.  A grade appeal grievance shall proceed no further than Level Two, Step Two.  For purposes of a grade appeal, the Senior Academic Officer of the College, or his/her designee, shall serve as the Student Grievance Officer throughout the grade appeal process.

If the faculty member who assigned the challenged grade is no longer employed by the College or is not available within the timelines specified (see "Time" definition), the student may initiate his/her Level One complaint with the chief administrator of the appropriate instructional division (who shall be identified by the Senior Academic Officer).

If at any level substantial evidence of error is produced, the grading process may be remanded to the instructor of record for reassessment.  If the instructor of record is no longer available, the chief administrator of the appropriate instructional division or his/her designee shall instead reassess the grading process.

Membership of the Student Grievance Committee

The composition of the College's Student Grievance Committee shall consist of five members:  one student, one unit professional, one faculty member, one non-unit professional and one unit classified employee.  The President or his/her designee shall appoint each member from among the recommendations submitted by the Student Grievance Officer.

Service on a Committee shall be voluntary, provided that a member who has a personal interest in the particular grievance shall be ineligible to serve on a Grievance Committee.  All College employees serving on a Student Grievance Committee, and acting within the scope of their official duties on the Committee, shall be covered to the full extent provided under Massachusetts General Laws, Chapter 258, including, the indemnification provision contained in M.G.L., Chapter 258, Section 9.

All Student Grievance Committee members, as well as all others in attendance at a student grievance proceeding, shall maintain the confidentiality of the proceedings.  The Student Grievance Officer shall attend all Committee hearings but shall not vote.

Guidelines for Committee Hearings

The following guidelines provide the framework for conducting a Student Grievance Committee Hearing:

1. Prior to the hearing, the newly impaneled Committee shall meet to elect a Committee Chairperson.  The Chairperson shall be selected by a simple majority vote.
2. The Chairperson on the Committee shall be responsible for conducting the hearing and drafting the decision of the Committee, but shall vote only in the event of a tie.
3. All hearings shall be closed and deliberations of the Committee shall be confidential and conducted in private.   
4. The Grievant and the Responding Party shall be in attendance at the hearing.  Each party may be accompanied by an advisor at the hearing.  The advisor, however, may not participate in the hearing or question witnesses.  Either party may at anytime during a hearing consult in private with his/her advisor. 
5. Witnesses may be asked by the Committee to remain outside of the hearing room until they are called to testify.
6. The Grievant will address the Committee first.  The Grievant will state the nature of his/her grievance and may present relevant evidence and/or witnesses in support of the grievance.
7. The Responding Party may respond to the Grievant's complaint and present relevant evidence and/or witnesses in opposition to the grievance.
8. Once the parties have presented their respective positions, the Committee may question the parties and/or witnesses.
9. After the Committee has questioned the parties, each party will be given the opportunity to question the other party and their respective witnesses.  All questions must be directed through the Committee.  If the Committee determines that a question is relevant to the grievance, the party or witness to whom it is addressed will be asked to respond. 
10. Following the parties' questioning of each other, the Committee will have another opportunity to question the parties and witnesses.
11. Hearings before the Committee shall not be subject to the formal rules of evidence.  In all cases, the hearing shall be conducted in a fair and impartial manner. 
12. If a party to a grievance fails to appear for a scheduled hearing, the Committee has the discretion to proceed with the hearing and issue its findings and recommendations in the party's absence.
13. The decision of the Committee shall be based on the relevant evidence presented at the hearing.  The decision shall be in writing and include:  a list of all documentary evidence and witnesses presented; a summary of the testimony offered by both parties and their respective witnesses; the findings of the Committee and its recommendations.  Copies of the decision and recommendations of the Student Grievance Committee shall be forwarded by the Student Grievance Officer, to the Grievant, the Responding Party, and the President or his/her designee.
14. When deciding upon a grievance, the Committee shall consider whether a finding against the Responding Party is fundamentally fair and reasonable under the circumstances and in accordance with applicable College rules and procedures. 

Withdrawal

A student may withdraw his/her complaint or grievance at any time.  Withdrawal must be accomplished in writing or by oral agreement confirmed in writing.

Reprisals

No member of the College community shall retaliate or threaten to retaliate against, interfere with, restrain, or coerce any student in the exercise of his/her rights under the Student Grievance Procedure or his/her participation in any grievance proceedings.

Collateral Rights of Person Grieved by Student

If the recommendations made at any level of the grievance procedure result in sanctions against a college employee, the sanctions shall be regarded as administrative actions subject to all conditions of applicable collective bargaining agreements and College or Board of Higher Education personnel policies.

Alternative Forums

Filing a grievance in accordance with the Student Grievance Procedure in no way abrogates a student's right to file a complaint with an appropriate state or federal agency or in another forum.

Dated: April 2001

Additional Revision to Informal Procedure:  November 2001

Academic Accommodations for Students With Disabilities

It is the policy of the Disability Resource Center (DRC) program at Berkshire Community College to provide reasonable academic accommodations to students who are: blind or visually impaired, deaf or hearing impaired, physically disabled, learning disabled, as well as to students who have: Attention Deficit Hyperactivity Disorder (ADHD), psychiatric disabilities, illness-related or temporary disabilities.  Services are provided as long as accommodations are warranted, reasonable and appropriate given the purpose of the course.  Students with disabilities requiring accommodations must initiate a request for services through DRC.  

Documentation

In order to be eligible for protection under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and to support requests for reasonable accommodations a student must submit documentation that indicates his/her disability:

1. substantially limits one or more major life activity and;

2. validates the need for accommodations based on his/her current level of functioning in an educational setting.

Students with learning disabilities must submit diagnostic information, which includes:

1. current levels of functioning in reading, mathematics and written language,

2. overall cognitive ability, and

3. specific areas of information processing.

A copy of their most recent Individual Education Plan (IEP), if applicable, and high school transcript is also helpful.  The diagnostic report must contain clear and specific evidence and identification of a learning disability.  Individual "learning styles" and "learning differences" in and of themselves do not constitute a learning disability and will not be acceptable.  For specific guidelines on the assessment of adolescents and adults with learning disabilities, please contact the DRC Coordinator.

Because the provision of all reasonable accommodations and services is based upon assessment of the current impact of the student's disabilities on his/her academic performance, it is in the student's best interest to provide recent and appropriate documentation.  All documentation must be on official letterhead from a licensed or certified professional appropriate for evaluating the student's disability.  The names, titles, and credentials of the licensed or certified professional, as well as the date(s) of evaluation, must be included.

If the initial documentation is incomplete or inadequate to determine the extent of the disability and reasonable accommodations, DRC reserves the right to require additional documentation.  Any cost of obtaining additional documentation is borne by the student.  Students reporting learning or attention difficulties without documentation are interviewed and screened by DRC free of charge, and when appropriate, are given referrals for comprehensive and diagnostic testing in the community.  The student is responsible for assessment costs after the initial screening.

Students referred for diagnostic testing will receive temporary accommodations for one semester, if appropriate.

If a student should require the assistance of a Personal Care Attendant (PCA) to achieve full educational access and opportunity, the student must contact the DRC prior to the onset of classes. PCA employment arrangements and costs are the responsibility of the student.

Confidentiality and Release of Information

The DRC is committed to ensuring that all information regarding a student is maintained as confidential as required or permitted by law.  Any information collected is used for the benefit of the student.  This information may include test data, grades, biographical history, disability information, and case notes.

The following guidelines about the treatment of such information have been adopted by the DRC and are rigorously followed and shared with students.  They incorporate relevant state and federal regulations and guidelines established by relevant professional associations.

1. No one has immediate access to student files in the DRC program except staff from the DRC. Any disability-related documentation will be considered confidential and will be shared with others within the institution on a need-to-know basis only. Disability-related information will be treated like medical information. Examples include the following:

a. College faculty and staff do not have a legal right to disability-related documentation. They only need to know that the documentation has been appropriately verified by the individual (or office) assigned this responsibility on behalf of the institution (i.e., DRC).

b. Administrators may have a need to collect data such as how many students are being served, the nature of their disabilities, and recommended accommodations.  However, under typical circumstances, this data is for purposes of statistical or survey reporting and administrators do not need to know who those students are.

2. Information in files will not be released except in accordance with federal and state laws, which require release in the following circumstances:

a. If the student states he/she intends to harm himself/herself or another person(s);

b. If the student reports or describes any physical abuse, neglect, or sexual abuse of children or vulnerable adults;

c. If the college is issued a court order or subpoena.

3. A student may give written authorization for the release of information when he/she wishes to share it with others.  Before giving such authorization, the student should understand the information being released, the purpose of the release, and to whom the information is being released.  Information will not be released without consent unless it is required by federal or state law.

4. A student has the right to review his/her own file.

Policy for Academic Accommodations

In accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, qualified students with disabilities are entitled to reasonable academic accommodations unless they fundamentally alter the nature of a course.  It is the responsibility of the student to make a request for academic accommodation through the Disability Resource Center. Upon review of the request and disability documentation, when appropriate, an academic accommodation form will be completed and signed by the staff of the DRC. At that point, the student will be required to submit the accommodation form to his instructor. If the accommodations are accepted, the instructor will sign the form and return it to the student who will then return it to the DRC. If the accommodations are rejected, the student must inform the DRC staff immediately. A DRC staff member will meet with the instructor to negotiate a reasonable alternative. If a reasonable solution cannot be reached, the DRC Coordinator will inform the college's Affirmative Action/504 Coordinator. During the time the adjudication is in process, the faculty member will allow the accommodation as recommended until a solution is determined. Within two weeks, the Affirmative Action/504 Coordinator will meet with the Disability Review Board to determine appropriate action.

Acquired Immune Deficiency Syndrome (AIDS)

Massachusetts law prohibits discrimination in employment, housing and public accommodation against any person with a physical or mental impairment which substantially impairs one or more major life activities, has a record of such impairment, or is regarded as having such impairment.  Discrimination against a person who has Acquired Immune Deficiency Syndrome (AIDS), or who is perceived to have, or be at a risk of having AIDS, is a violation of both state and federal discrimination laws (please see Non-Discrimination and Accommodation for Persons with Disabilities).  For purposes of the Commonwealth of Massachusetts' Community Colleges' Affirmative Action Plan, the following practices are illegal:

• to refuse to hire or advance in employment, or otherwise discriminate against, a qualified person who has AIDS, is perceived to have AIDS, or is perceived to be at risk of having AIDS; or
• to make a pre-employment inquiry as to whether an applicant has AIDS or is at risk of having AIDS.

Any employee or student who believes he/she has been a victim of AIDS discrimination may file a complaint pursuant with the Grievance Procedure contained herein.  Additionally, the MCAD will receive, investigate and resolve, by conciliation or adjudication, complaints of AIDS-related discrimination that are filed with the agency in accordance with its rules and procedures.  Please refer to the Sexual Harassment Policy for MCAD contact information.

Affirmative Action, Non-Discrimination, and Diversity Policy Statement

The Board of Higher Education of the Commonwealth of Massachusetts is responsible under Chapter 15A of the General Laws of the Commonwealth of Massachusetts for the overall governance of the public higher education system, which includes the fifteen Community Colleges. The Board of Higher Education and the Boards of Trustees of the Community Colleges maintain and promote a policy of non?discrimination on the basis of race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, and national origin.  Further, this policy incorporates by reference, and where applicable, the requirements of Federal Executive Orders 11246 and 11375 as amended; the Civil Rights Act of 1964 as amended; the Civil Rights Restoration Act of 1988; the Civil Rights Act of 1991; Title IX of the Higher Education Amendments of 1972 as amended; Sections 503 and 504 of the rehabilitation act of 1973; the American with Disabilities Act of 1990; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974; and pertinent laws; regulations and executive orders; directives of the Board of Higher Education, the Boards of Trustees of the Community Colleges and the Commonwealth of Massachu­setts, and other applicable local, state and federal statutes.

Non?discrimination requires the elimination of all existing unlawful discriminatory condi­tions, whether purposeful or inadvertent. The Community Colleges are continuing to systematically examine all policies and procedures to be sure that they do not, if imple­mented as stated, operate to the detriment of any person on the basis of race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, and national origin.  The Colleges shall require that the practices of those responsible in matters of employment and education, including all supervisors and faculty, are non?discriminatory. Should the College discover discrimination in treatment or effect in any employment, educational or service decision, action, inaction or practice within the College, all appro­priate corrective and/or disciplinary actions shall be taken under the direction of the President of the College subject to any applicable collective bargaining agreement or other policy or procedure of the College.

The Community Colleges are committed to a policy of Affirmative Action, equal opportunity, equal education, non?discrimination, and diversity. They are committed to providing a learning, working and living environment for their students, employees and other members of the College Community, which values the diverse backgrounds of all people. The Colleges are committed to assuring that the "College Experience" is one that challenges, empowers, supports, and prepares its students to live in, work in, and value our increasingly global and diverse world. The Colleges believe that the diversity of socio?economic, racial, ethnic, religious, gender, sexual orientation, age and disability backgrounds of members of the College Community enriches the institutions and their various constituencies. The Colleges will not tolerate behavior based on bigotry, which has the effect of discriminating unlawfully against any member of their communities.

The Community Colleges provide equal access to educational, co-curricular and employ­ment opportunities at the Colleges for all applicants, students and employees in compliance with all applicable laws, regulations and policies. All benefits, privileges and opportunities offered by the Colleges are available to all students, employees and other persons having dealings with the institutions on a non?discriminatory basis. The Colleges are committed to taking a pro?active Affirmative Action posture with respect to their recruitment, selection and promotion of students and employees.

The purpose of Commonwealth of Massachusetts' Community Colleges' Affirmative Action Plan is to establish a set of programmatic objectives, which shall provide for the recruitment, access and advancement of qualified persons of color, women and persons with disabilities with respect to employment and enrollment opportunities. The intent of this Plan is to responsibly recognize, and to whatever extent possible, resolve the effects of past societal discrimination and the impact which that discrimination has had, not only on persons of color, women and persons with disabilities, but on the total academic, educational and social system as well. It is not intended and should not be used to discriminate against any applicant, employee, or student because of race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, and national origin. 

In response to that recognition, the Colleges, through their Boards of Trustees and Presidents, fully endorse the plan of action set forth in this Plan and shall oversee and monitor its implementation.

The following specific policies are established:

• Equal opportunity and affirmative action shall apply to all segments of the College; full and part?time employment; day and continuing education; the curriculum and offerings of the College.
• Equal opportunity and affirmative action shall be applied to the recruitment process for employment and/or access to education.
• Students will have access to the College, programs of study, activities, and other resources intended to serve them, according to the policies of the individual Colleges.
• Equal employment opportunity and affirmative action will be realized in all personnel employment, including recruitment, application for employment, hiring, benefits, compensation, training, promotion, and termination.
• All policies, procedures, privileges, and conditions of the College will follow and incorporate applicable equal opportunity and affirmative action rules and regulations.

The above stated policies are intended to be broad on behalf of the protected groups and the goal of promoting diversity in Community Colleges. The Community Colleges pledge to apply all policies consistently, fairly, and vigorously. Attempts to subvert or abuse these policies will not be tolerated.  Appropriate disciplinary action will be taken in the case of an infraction.  Such disciplinary action shall be consistent with the appropriate collective bargaining agreement, if applicable.

All policies are made in compliance with applicable laws and executive orders promulgated by the federal and state governments and other appropriate agencies and authorities.

(Implemented July 1, 2004)

Affirmative Action Grievance Procedure

When employees or students believe their equal opportunity rights have been breached the grievance process is a mechanism for resolution.  Prior to the filing of a formal written grievance under the Commonwealth of Massachusetts' Community Colleges' Affirmative Action Plan, the parties to a dispute are strongly encouraged to attempt to reach an informal resolution of the dispute.  It is recommended that the Affirmative Action Officer be consulted with and participate in any efforts by the parties to informally resolve a grievance.  (The Affirmative Action Officer for Berkshire Community College is Deborah Cote, Director of Human Resources, ext.1023.)  An informal resolution is achieved through open dialogue between the parties that allows for the airing of any misunderstandings or disputed issues. 

At any point during the Affirmative Action grievance procedure, either party may request mediation by contacting the Affirmative Action Officer.  Mediation shall be mutually agreed upon, and not unreasonably refused by either party.  The Affirmative Action Officer, or the President's designee, shall select an impartial mediator who shall be mutually agreed upon and not unreasonably refused by either party, make the arrangements, determine the timetable for the mediation process, and inform the parties of the timetable in writing.  Where practicable, a mediation session shall be conducted no later than thirty (30) days after requested and agreed to by the parties.  The purpose of mediation is to resolve the dispute to the satisfaction of both parties.  Mediation is not appropriate for attempting to resolve grade disputes. 

The following rules apply throughout all phases of the grievance process: (1) all parties to a grievance may have a representative accompany them; (2) the filing of a grievance under this Plan shall not preclude a grievant from pursuing a complaint in a separate legal forum; and (3) if a grievance involves a grade dispute, a student may process the grievance only in accordance with the Student Grievance Procedure, even if the student alleges that a grade was improper because of discrimination. 

Step 1 - Affirmative Action Officer Investigation

When a Grievant believes that he/she has been discriminated against because of his/her race, creed, religion, color, gender, sexual orientation, age, disability, genetic information, maternity leave, criminal record or national origin, the Grievant may file a formal written complaint in writing with the Affirmative Action Officer.  For a student grievant, a formal complaint may be filed within thirty (30) calendar days following the instructional period when the Grievant knew or should have known of the grievable act.  For an employee grievant, a formal complaint may be filed within thirty (30) calendar days from when the Grievant knew or should have known of the grievable act.   The grievance shall contain a statement of all known facts pertaining to the alleged violation and shall be filed on the Affirmative Action Discrimination Grievance Form, which shall be available from the Affirmative Action Officer.  If a student is involved, the Affirmative Action Officer shall notify the Dean of Student Affairs.

During Step 1, the Affirmative Action Officer has the authority to seek to resolve the grievance through an administrative remedy.  If the parties accept the administrative remedy proposed, its terms shall be reduced to writing and the Affirmative Action Officer shall retain the document, with copies to the parties.  Thereafter, the matter shall be considered resolved between the parties.

Once a formal written complaint is filed with the Affirmative Action Officer, the Affirmative Action Officer will notify the Responding Party, in writing, of the grievance, and provide the Responding Party with a copy of the grievance.  The timeliness of such notification shall be in accordance with the appropriate collective bargaining agreement, if applicable.  The Responding Party shall have fifteen (15) calendar days from receipt of notice to submit to the Affirmative Action Officer a written response to the grievance.  

Where practicable, within thirty (30) calendar days from the date the Respondent's written response was received, or if none was submitted, when due, the Affirmative Action Officer shall complete an investigation of the complaint and prepare and issue a Report of Preliminary Findings to the parties.  The Affirmative Action Officer's report shall specify the investigation taken and summarize his/her findings.  The report shall be delivered to the parties in hand or by certified mail.  The investigation shall include, but is not limited to, an analysis of the allegations and defenses presented, consideration of all relevant documents and materials presented by the parties, interviewing the parties and/or other individuals or witnesses, and/or requesting and reviewing certain documents or materials in the possession of either party that are relevant to the grievance. 

Thereafter, the parties will have ten (10) calendar days from the date of their receipt of the report to submit Rebuttal Statements to the Affirmative Action Officer.  The parties may present no new information at that time.  Within seven (7) calendar days of receiving the parties' Rebuttal Statements, the Affirmative Action Officer shall prepare and submit a Report of Findings and Recommendations to the President for consideration.

Step 2 - President's Review

Within ten (10) calendar days of receipt of the Officer's Report of Findings and Recommendations, the President, or his/her designee, shall issue a written decision to the parties.  The written decision shall be delivered in hand or by certified mail.  The President's decision is final.  If the President is the Responding Party in an Affirmative Action Grievance, then the Chair of the College's Board of Trustees shall designate a Board member(s) to administer Step 2 of the Grievance Process.

Collateral Rights of Employees

Any sanctions against an employee of the College shall be regarded as an administrative action subject to all terms and conditions of applicable collective bargaining agreements or personnel policies.

Confidentiality

The Affirmative Action Grievance Procedure will be conducted as confidentially as possible to protect the privacy rights of all individuals involved.  Information concerning the grievance may be shared with witnesses, union representatives and/or others during any phase of the procedure.  All individuals with whom information is shared should be reminded of the confidentiality of the information and should be directed not to discuss with anyone else the information shared.

Animals on Campus

With the exception of auxiliary helpers, no dogs or other pets are allowed on campus grounds or in any campus building.

Bulletin Board Policy

Berkshire Community College has numerous bulletin boards in each of its buildings.  All boards have a marquee on them identifying the purpose and the materials that can appropriately posted.

All information posted on campus needs to be affixed to the appropriate bulletin board.

• The name of a person or the organization sponsoring the posting must be clearly visible.
• All material must be dated.
• There is a two week posting time period.
• The caretakers of the various boards reserve the right to apply their stamp or other indicator to the materials posted on the boards.
• Any material inappropriately posted will be removed.
• Posting material on glass or other finished surfaces is strictly prohibited.

*BCC's college-wide weekly events calendar, The Stall, has been granted special permission to be posted in restrooms.

Community Boards:

Individuals or organizations not directly affiliated with the college need special permission from the Office of Student Life to post items and the items must carry the office's stamp.  The boards are titled "Community Boards" and are for the purpose of posting off-campus events or activities. The boards are located in the following areas:

Susan B. Anthony Center - Top of stairs to the cafeteria.

• Melville - Near vending machines by Engineering lab.
• Hawthorne - Second floor "What's Happening" board by lounge.

Student Academic Work Boards:

The boards are titled "Student Academic Work".  Work must be posted in conjunction with the class and approved by a faculty member.  Process will be managed by the Office of Academic Affairs. The boards are marked in each building.

Departmental Boards:
Governed by each department.

Union Boards:
Governed by each union.

Job Posting Board (Public):
Advertised through the Student Development Ctr.

College Job Postings for Staff:
Advertised through the Human Resources Office.
For specific locations of boards around campus please see the Office of Student Life.

Children on Campus

A college campus is designed for adult populations and may not be suitable for young children.While there may be occasions for children to visit the campus, they must be with a parent or responsible adult at all times. Responsibility for the supervision and safety of minors shall rest with the person who brings the minor to campus. If it is deemed that the child represents a distraction to the learning environment the parent and child will be asked to leave. Permission must be obtained from each faculty member if a child is to attend a class with the parent.

Confidentiality of Student Records

The Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendment) 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 that Berkshire Community College (herein after referred to as the College) receives a request for access.

• Students should submit to the Registrar written requests that identify the record(s) they wish to inspect. The Registrar 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 Registrar, the Registrar 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 Registrar, 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 disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.

 One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interest. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position; 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 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. Dept. of Education concerning alleged failures by the College to comply with the requirements of FERPA. Such complaints may be filed with:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC  20202-4605

The College identifies the following as "Directory Information": student's name, town of residence, major field of study, participation in officially recognized activities and sports, status as a student employee,  dates of attendance, degrees, awards, and honors received, and most recent educational institution attended,. (Revised 8/08)

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 some or all of those types of information about the student as directory information.  A parent or eligible student must notify the College's Registrar within two weeks of the beginning of each academic semester if the parent or eligible student does not want any or all of 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 (Solomon Amendment), identifies the following student information as student recruiting information: student names, addresses, and telephone listings; and if known, students' 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 student recruiting information.  This may result in the nonconsensual disclosure of personally identifiable information.  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's Registrar's Office for the period of one academic year. 

Consensual Relationships

A consensual relationship may constitute sexual harassment under Commonwealth of Massachusetts' Community Colleges' Affirmative Action Policy.  When a professional power differential exists between members of the College and a romantic or sexual relationship develops, there is a potential for abuse of that power, even in relationships of apparent mutual consent.  Consenting romantic and/or sexual relationships where a professional power differential exists, such as that between faculty and student, librarian and student, administrator and student, classified staff member and student, or supervisor and employee, are considered unprofessional.  Because such relationships have the potential to interfere with or impair required professional responsibilities and relationships, they are looked upon with disfavor and are strongly discouraged.  An employee in such a relationship should remove himself/herself from decisions affecting the other person in the relationship. Decisions affecting the other person include grading, evaluating, supervising, or otherwise influencing that person's education, employment, or participation in any other College activity.

Criminal Offender Record Information (CORI) Checks

Students interested in participating in an academic, community or clinical program that involves working with children, the disabled, or the elderly, will be required to undergo a Criminal Offender Record Information (CORI) check and/or a Sex Offender Registry Information (SORI) check. Students found to have certain criminal convictions or pending criminal actions will be presumed ineligible to participate in such activities unless cleared by the CORI Review Committee following procedures set forth by the Commonwealth's Criminal History Systems Board (CHSB). The College is authorized by the CHSB pursuant to Massachusetts General Laws, Chapter 6, Sections 172-178B to access CORI records. The College refers to regulations issued by the Commonwealth's Executive Office of Health and Human Services, 101 Code of Massachusetts Regulations 15.00-15.16, as guidance when assessing student CORI records. Sex Offender checks shall be performed pursuant to Massachusetts General Laws, Chapter 6, Section 178J.

For more information regarding the College's CORI/SORI check process, please contact the Staff Assistant for Student Affairs & Enrollment Services, extension 1602.

(Revised:  8/09)

Drug & Alcohol Policy

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.  BCC, in accordance with legal mandates and its philosophy of establishing and maintaining an environment of learning and a supportive climate in which to conduct the business and mission of the College, will enforce the following policies:

1. The unlawful manufacture, distribution, dispensing, possession or use of alcohol or of a controlled substance is prohibited on the campus of Berkshire Community College 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 or handicap under federal and state law.

2. Berkshire Community College 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:

1. Massachusetts General Laws, Chapter 272, Section 59 (Public Drinking)
2. Massachusetts General Laws, Chapter 90, Section 24 (Operating Under the Influence, Open Containers)
3. Massachusetts General Laws, Chapter 94C (Controlled Substances Act)

 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 two thousand 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 which suggest penalties for violation of federal criminal statutes related to drugs and alcohol.

3. Under-age drinking is prohibited at Berkshire Community College functions and on any part of the campus.

4. Alcohol may not be served, consumed, or furnished at any Berkshire Community College student event either on or off any of its campuses. * The club or activity advisor or other appropriate college official should take all reasonable steps to insure that alcohol is not available during or en route to a college-sponsored event.

*An exception is the Hospitality Sciences Management Program Dinners.

5. Employees working under federally funded grants are additionally subject to the Drug-Free Workplace Act of 1988. The Act creates the following obligations:

1. Employees convicted of any criminal drug statute violation occurring in the workplace must notify the Director of Human Resources of Berkshire Community College no later than five (5) days after such conviction.  Such notification must be in writing.
2. 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.
3. The College, within thirty (30) days of receiving notice, with respect to any employee who is convicted, will:

1) Take appropriate disciplinary action against the employee, up to and including termination of employment; or

2) 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.

6. The College will make available to staff and students, drug and alcohol literature. This is in addition to other educational opportunities available in current or future academic offerings.

7. The following medical risks are associated with drug and alcohol use:

1. Overdose -- An overdose can happen due to uncertain purity, strength or even type of drugs one gets illegally.  It can also happen due to increased tolerance, because one needs increased dosages to achieve the same effect.  An overdose can cause psychosis, convulsions, coma or death.  While the risks of drug overdose are more common and frequently more severe, extreme quantities of alcohol can similarly result in psychosis, convulsions, coma or death.
2. Dependence -- Continued use of drugs and alcohol can lead to a psychological and/or physical need for them.
3. Ill Health -- Long term drug or alcohol use can destroy a healthy body and mind.  Generally, drug or alcohol abuse can lead to organic damage, mental illness, malnutrition, failure to get treatment for existing diseases or injuries, and even to death.  Chronic drinking also has been associated with increased rates for heart disease, liver damage, ulcers and gastritis, and adrenal and pituitary gland damage.  Injection of drugs presents special risks of getting AIDS, hepatitis, and other infectious diseases.  Drug and alcohol use can also affect the health of a child in the womb and result in birth defects, fetal alcohol syndrome, drug dependency or death.  Because the quantity of alcohol likely to injure a developing fetus is unknown, the United States Surgeon General has specifically counseled women not to drink any alcohol during pregnancy.
4. Accidents -- When drugs and alcohol affect an individual's perception and/or reaction time, accidents become more likely.

8. For any member of the Berkshire Community College community who is experiencing substance abuse problems, BCC stands ready to offer supportive services and referral for treatment, as appropriate and available. Information concerning substance abuse and rehabilitation counseling programs is available at the Student Development Center or Human Resources, located in the Susan B. Anthony College Center. Additional counseling is available in the community through:

9. Treatment Covered by Required Student Medical Insurance -- Massachusetts General Laws, Chapter 15A, S7B (St. 1988, Chapter 23, S22) and 117 Code of Massachusetts Regulations Section 3.04 require that students certify their participation in a qualifying student health insurance program, or in a health benefits' program with comparable coverage. Students who do not possess adequate medical insurance must purchase the Massachusetts Regional Community Colleges' Student Accident and Sickness Insurance Plan. This plan provides the following benefits related to drug and alcohol abuse:

1. Hospital Confinement Benefits (Drug Abuse Benefit) -- When a covered person is confined in a legally operated and duly accredited public or private facility for the care and treatment of drug abuse, the Company will pay the same benefits provided for other illnesses, not to exceed 30 days for the treatment of drug abuse, subject to the policy aggregate maximum benefit of $25,000.
2. Non-Hospital Confinement Benefits (Mental Illness, Alcohol & Drug Abuse Benefit) -- The Company will pay for treatment by a fully licensed psychiatrist, psychologist, psychiatric nurse, or independent clinical social worker, not to exceed $50.00 per visit, for an aggregate benefit of $500.00, during the policy period for treatment of a mental or nervous condition or disorder, or for alcoholism or drug abuse.

10. The College shall conduct a biennial review of these policies and programs and implement changes as necessary. Revised 5/00)

Equity In Athletics

Regulations published November 29, 1995, implemented the provision of the Improving America's Schools Act of 1994 titled the Equity in Athletics Disclosure Act (EADA).  The EADA is designed to make prospective students aware of the commitments of a school in providing equitable athletic opportunities for its men and women students.

An annual EADA report is prepared by the Director of Student Life and contains participation rates, financial support, and other information on men's and women's intercollegiate athletic programs at Berkshire Community College.  Copies of this report are available in the Office of Student Life.  Presently, there are no intercollegiate athletic programs.

Financial Aid Recipients Withdrawal/Refund Policy

The college is required to calculate a refund for students who receive federal or state financial aid and who drop out or withdraw from college.

What Happens to Financial Aid If a Student Drops Out or Withdraws From College

If students drop out or completely withdraw from college, the amount of financial aid that can be applied to their tuition/fee bill and bookstore charges may be reduced.  Federal regulations require students to attend at least 60% of the semester to "earn" 100% of their eligible financial aid.

If students drop out or withdraw from BCC before the 60% point in the semester (approximately the 9^th week of fall/spring semester classes,) the amount of their financial aid will be reduced in proportion to the percentage of the semester attended.

Example: Students who attend the first 30 days of a typical 110-day semester will qualify for only 27% of their eligible financial aid (30/110 = 27%).

Possible Consequences of Dropping Out or Withdrawing From College

Students could find themselves owing a balance to the College; or, if a financial aid disbursement has already been made to them, they may be required to pay back the "unearned" portion of their financial aid.  Failure to repay "unearned" financial aid can prevent students from receiving future financial aid at any college.

Another possible consequence of dropping out or withdrawing from college is failure to maintain satisfactory academic progress standards.  Classes students start and do not successfully complete will count against them.  For additional information, please refer to BCC's "Financial Aid Recipients Academic Progress/Suspension Policy," listed separately in this guide.

Save Money, Avoid Future Problems:  Complete an "Official" Withdrawal

BCC recognizes that circumstances beyond students' control can happen and withdrawal from college may be a necessity.  Students in this situation are encouraged to complete BCC's official withdrawal process by contacting the Student Success Center (F-118) or Academic Advising Center (F-117) during the day; or the Registrar's Office (F-111) after 4 p.m.

To avoid future problems, students who receive aid (including student loans) should contact the Financial Aid office for guidance when considering leaving BCC. Students should not just stop attending classes. Having instructors withdraw students from their classes is not the same as an ‘official' withdrawal from college. Financial aid recipients who do not officially withdraw will be responsible for the balance owed BCC after their aid is reduced and returned to federal and state accounts.

For more information about federal and state refund policies for financial aid recipients, contact the Financial Aid office (F-122, ext. 1642.)

Financial Aid Borrower Bill of Rights

The Student borrower Bill of Rights* includes the following rights:

• To unbiased advice about loans and lenders from the BCC Finiancial Aid Office.
• To choose the lender, even if the lender is not included on BCC's published lender list.
• To know what criteria BCC uses to select lenders whose names it lists for student use.
• To know whether the published lenders are paying BCC or the financial staff.
• To know what benefits or rate discounts lenders offer, and whether those benefits or discounts will be made immediately available, or only after a certain number of consecutive timely payments
• To know if a lender has agreed to sell its loans to another lender.f
• To know whether borrower benefits and discounts will continue if the loan is sold.
• To know the interest rate for the loan before borrowings.
• To exhaust federal borrowing options before turning to higher cost private loans.

*This nine-point "Student Bill of Rights" was part of the Student Lending Accountability, Transparency and Enforcement Act adopted by the New York State Legislature in May 2007, and publicized by the Associated Press on May 24, 2007.

Code of Conduct - Student Loan Programs

BCC has adopted the Code of Conduct** set forth by the Massachusetts Department of Higher Education to ensure the integrity of education lending practices of Massachusetts public colleges and to formalize long-standing codes of conduct practiced by public institutions of higher education in their efforts to provide affordable access to higher education.

The primary goal of BCC and its financial aid staff is to help students achieve their educational potential by providing appropriate financial resources. To this end, BCC, specifically its financial aid professionals, commit to a set of princeples that serves as a common foundation for an acceptable standard of conduct.

The eleven standards comprised by the Code of Conduct and adopted by the College are posted in their entirety on the College's website. The foregoing Student Borrower Bill of Rights is a variation on the Code of Conduct that is intended to enhance student understanding of their rights under the Code.

**The Massachusetts Board of Higher Education established a Code of Conduct-Student Loan Programs in June 2007, and called on each public institution of higher education in Massachusetts to adopt the Code. Accordingly, on August 28,2007, BCC adopted the Code as specified and is complying fully with the Code.

Financial Aid Satisfactory Academic Progress Policy

In order to be eligible for financial aid consideration, students must be making satisfactory academic progress, according to the standard requirements shown in the box below. These requirements, set by the U.S. Department of Education in Section 668.16 of the Student Assistance General Provisions, apply to all sources and all types of aid administered by the Financial Aid office, including loans.

Standard Requirements

Review Process

Academic progress is evaluated upon receipt of financial aid application.  Thereafter, all financial aid recipients are reviewed at least once a year; students in certificate programs or those on financial aid probation may be reviewed semester by semester.  Students who do not meet the standards of the satisfactory progress policy will be notified in writing.  Students receive a ‘warning' notice and are placed on probation; all others receive ‘suspension' notices.  Suspension from financial aid means ineligibility for future awards at BCC; suspended students are not required to pay back grants or waivers they already received, nor are they prevented from applying for aid to attend another college.

Appeals

Students who do not meet academic progress standards due to circumstances beyond their control may appeal their suspension to the Director of Financial Aid. Appeals must be written and submitted to the Financial Aid office within two weeks of the date the student receives notification of loss of eligibility. The Director of Financial Aid and Appeals Review Committee will review the appeal and respond in writing as to the outcome. Student with acceptable reasons for appealing are reinstated provisionally. That is, they are placed on probation (see course load restrictions under REVIEW PROCESS above) and must make satisfactory progress in future semesters to avoid being suspended again. Students on probation should limit their course load to ensure successful completion of all attempted credits and to bring their record into compliance with required standards as soon as possible.

Regaining Eligibility

A student who is suspended can regain eligibility for financial aid consideration by successfully completing additional credits at his/her own expense (providing the student is still within maximum allowable credits.) The student will need to inform the Financial Aid office once s/he has rehabilitated their record to comply with satisfactory academic progress standards.

For more information about the academic progress/suspension policy for financial aid recipients, contact the Financial Aid office (F-122), ext. 1641.

Gambling Policy

The college follows state guidelines which prohibit illegal gambling.  This includes games that result in an exchange of money.

Gender and Sexual Orientation Discrimination

The Commonwealth of Massachusetts' Community Colleges are committed to providing a working, living and learning environment that utilizes the resources of all members of the College community and develops the talents of all of its students without regard to gender or sexual orientation.  Any condition that interferes with the development of talents by causing discrimination based on gender or sexual orientation constitutes a destructive force within the College community.

The Colleges hereby prohibit all forms of discrimination on the basis of gender or sexual orientation.  This prohibition bars all acts that have the effect of denying to any person equality of right, entitlement, benefit or opportunity by reason of such person's gender or sexual orientation.  Harassment by personal vilification is prohibited whenever such harassment is based on a person's gender or sexual orientation.

Examples of actions that may constitute discrimination on the basis of a person's gender or sexual orientation include, but are not limited to:

1. Differences in salaries (or other benefits) that are paid to one or more men and one or more women if the differences are not based on a bona fide occupational qualification.
2. Classifying a position or positions as being suitable only for persons of one gender or of one particular sexual orientation.
3. Developing position descriptions or qualifications that, without lawful justifi­cation, are so specific as to have a disparate exclusionary impact on one gender.
4. Using information on marital or parental status for employment decisions where the use of such information has an adverse impact on persons of one gender or sexual orientation.
5. Treating or causing others to treat persons of one gender or sexual orientation differently from persons of the other gender or another sexual orientation differently because of assumptions about or stereotypes of the intellectual ability, interests or aptitudes of persons of a particular gender or sexual orientation.
6. Harassing or abusing or encouraging others to harass or abuse a person or group of persons because of their gender or sexual orientation, whenever such harassment or abuse constitutes harassment by personal vilification.

Any employee or student who believes he/she has been a victim of gender or sexual orientation discrimination may file a complaint pursuant with the Affirmative Action Grievance Procedure.  Further information may be obtained by contacting  the Affirmative Action Officer (Director of Human Resources.)

Golfing & Hunting on Campus

Golfing (including driving balls, chipping, and putting) on campus is allowed only in physical education classes. At no time is hunting permitted on college grounds.

Hazing Law

The practice of hazing is prohibited by law in the state of Massachusetts.  Hazing is defined as 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.

A copy of the law pertaining to the practice of hazing is printed below and is also available in the Dean of Student Affairs office.  This policy will be distributed to every club or organization at Berkshire Community College.  For further information contact the Director of Student Life.

269:17.  Hazing:  organizing or participating:  hazing defined.

Section 17.  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 three thousand dollars or by imprisonment in a house of correction for not more than one year, or 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, of any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which 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.

269:18.  Failure to report hazing Section 18.  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 one thousand dollars.

269:19  Copy of secs. 17-19; issuance to students and student groups, teams and organizations; report.

Section 19.  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 which is part of such institution or 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 requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institutions' 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 organization 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 in the student handbook or similar means of communicating 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 which fails to make such report.

Immunization and Medical Records

Health Records

To comply with State legislation (Chapter 76, Section 15C, General Laws of Massachusetts) BCC has adopted the following procedures on student immunizations:

All health records will be confidentially maintained in the Immunization and Medical Records Office, located in the Student Development Center, Susan B. Anthony College Center.

• These records may include, but are not limited to, immunizations, physical examinations, TB testing which may also contain negative chest x-rays and follow-up medical treatment, physician correspondence and referrals.

• Any request by a student for his/her health record requires a signed authorization from the student. 
• Release of any other medical records to college or contractual agencies is only with the expressed approval of the student.

State Mandated Immunizations

Depending upon a student's status, there are certain immunizations that are required in order to attend college in the Commonwealth of Massachusetts.  These include immunization or proof of immunity for Hepatitis B, MMR (measles, mumps, rubella), Td (tetanus/diphtheria), and TB (Tuberculosis).  A student who obtains immunizations or blood tests for immunity is responsible for submitting documentation of his/her immunization record to the Immunization and Medical Records Office.  Students who are not in compliance with these mandated immunizations will be unable to pre-register for classes or, as is the case with Nursing and Allied Health students, will not be allowed to attend classes or clinical rotations.

Foreign-born Students: All foreign-born students must provide complete immunization. This includes Tetanus-diphtheria (Td), 2 measles, 2 mumps, 1 rubella (MMRs), Tuberculosis testing or chest x-ray, and Hepatitis B vaccines.  Antibody laboratory blood tests (titers) must include laboratory report proof of immunity. Medical forms from doctors offices should include vaccinations in English.

The regulations for each vaccine preventable disease are described below:

1.  Hepatitis B:  The vaccine is administered through three injections given over a six-month period.  If there is an interruption in the schedule, the series should not be started again. Continue with the series until all three doses have been administered. If there is a question of immunity, have a titer blood test drawn one month after the final vaccine has been administered.  A reminder will be sent to the student from the Immunization and Medical Records Office if the series is not complete.

Note:  Nursing and Allied Health students must begin the Hepatitis B series at least six months before the start of clinical rotations since these programs are under obligation of a contracted agency to provide proof of the student inoculation. 

2. Tetanus diphtheria (Td): An adult booster of Td is required within the last 10 years.

3. MMR (measles, mumps, rubella): Two doses of measles vaccine given at least one month apart, at or after 12 months of age; and two doses of mumps and one of rubella are required.

Note: BCC is required to maintain immunization records for Td and MMR on all  full-time (12 credits or more) students, all Nursing/Allied Health students (regardless of the number of credits,) and all foreign-born students.

These vaccines may be declined only for medical or religious reasons.  In the event a student declines due to religious reasons, the student must complete the necessary forms, which may be obtained at the Immunization and Medical Records Office.  If a student is unable to receive an immunization due to medical reasons, documentation from the student's physician must be filed in the Immunization and Medical Records Office.  It is also highly recommended that these students have blood testing done to show possible immunity.

If an outbreak of measles, mumps or rubella occurs, students who are not immunized will be notified by the Immunization and Medical Records Office via telephone and/or certified mail.  It is then the responsibility of the student to determine whether or not to attend classes.

4. Tuberculosis (TB): A yearly TB test is required for all students enrolled in the Nursing and Allied Health programs as well as for any incoming foreign-born student. TB tests require a reading done 48 to 72 hours after the test has been administered. If the test is not read 72 hours later, the student must redo the test. Please note that if an MMR inoculation has been administered within the last 6 weeks, a student must wait to have TB testing done as the test would result in a false positive. A TB test can be performed first without a waiting period.

Additional Requirements for Nursing and Allied Health Students

In addition to the requirements listed above, students enrolled in any Nursing and Allied Health program are required to have proof of immunity to chickenpox.  A physical examination is also required. The BCC History/Physical form must be used.

Immunization information for all Nursing and Allied Health students will be shared with the Nursing/Allied Health Assistant Dean, Department Chair, and contracted agencies to allow for clinical experiences.

Please be advised that students enrolled in certain Health & Behavioral Sciences programs which require clinical or fieldwork study may be required by the placement affiliate agency to undergo and pass a drug screening analysis in order to be eligible. Students who either fail to pass, or refuse to submit to, a drug screening analysis will be deemed ineligible for clinical placement, which may affect their status in the program. Please direct any questions pertaining to this policy to the Office of the Assistant Dean of Academic Affairs, Division of Health and Social Sciences.

I.D. Card Information

I.D. Cards can be obtained and/or updated, at no charge, in the Student Life Office Monday-Friday, 9:00-3:00. There is a fee of $5, however, for replacement cards.  I.D.Cards are necessary for many college services, (e.g. The College Store requires a photo ID for financial aid recipient charges) the use of designated facilities and student activities. In addition, I.D.Cards must be shown to professional and security staff members upon request.

International Student Regulations

Students from other countries, who hold a student visa (F1) enabling them to attend BCC, should be aware of regulations specific to their situation.  An international student must normally maintain full-time status, that is, 12 credits or more, throughout each semester.

International students must contact the Admissions Office before withdrawing from full-time enrollment, leaving the country, or transferring to another institution.

Tuition for international students remains at the non-resident rate for the duration of the student's time at BCC.

Foreign-born students are required to have complete immunization upon entering BCC. This would include Tetanus-diphtheria (Td), measles, mumps and rubella (MMR), series of 3 Hepatitis B vaccines and current negative tuberculosis testing or negative chest x-ray.

Internet:  Acceptable Use and Conditions and Rules for Use

1. Acceptable Use - The purpose of Internet is to facilitate communications in support of research and education by providing access to unique resources and an opportunity for collaborative work.  To remain eligible as a user, the use of your account must be in support of and consistent with the educational objectives of BCC.  Use of the Internet is for academic purposes only.

Transmission of any material in violation of any United States or state regulation is prohibited.  This includes, but is not limited to, copyrighting material, threatening or obscene material, or material protected by trade secret.  Use for commercial activities is prohibited.  Use for product advertisement or political lobbying is also prohibited.

2. Privilege - The use of Internet is a privilege, not a right; it is to be used for academic purposes only.  Inappropriate use, including any violation of these conditions and rules, may result in cancellation of the privilege, as well as possible civil and/or criminal sanctions.  The account holder or user is solely responsible for any and all materials viewed, stored, or transmitted from BCC-based computers.  BCC expects, however, that all account holders or users will comply with all College rules and regulations related to Internet use, as well as applicable state and federal law.  If BCC, however, receives notice of a violation of its rules, and/or state or federal law, BCC reserves the right to deny, revoke, suspend, or close any user account.  Further, no account holder or user should have an expectation of privacy over e-mail transmissions and the College reserves the right to block any "mass" e-mail transmissions.

3. Security

a. Security on any computer system is a high priority, especially when the system involves many users.  A user must never allow others to use his/her password.  Users should also protect their passwords to ensure system security and their privileges and ability to continue use of the system.  Attempts to log on to the Internet with other than your own account will result in cancellation of user privileges.

b. If you feel you can identify a security problem on the Internet, you must notify a system administrator.

4. Vandalism and Harassment

a. Vandalism and harassment will result in cancellation of user privileges.

b. Vandalism is defined as any malicious attempt to harm, modify, and destroy data of another user, Internet, or other networks that are connected to the Internet backbone.  This includes, but is not limited to, the uploading or creating of computer viruses or intentionally disrupting network traffic or crashing the network and connected systems.

c. Harassment is defined as the persistent annoyance of another user or the interference of another user's work.  Harassment includes, but is not limited to, the sending of unwanted mail, Trojan horses, logic bombs, trapdoors, backdoors, viruses and worms.

5. Monitoring - BCC reserves the right to review any material on user accounts and to monitor fileserver space. The system administrator has the right to restrict or terminate network and Internet access at any time for cause.  The system administrator further has the right to monitor network activity in any form that it sees fit to maintain the integrity of the network.

6. No Warranties - BCC makes no warranties of any kind, whether expressed or implied, for the service it is providing.

BCC will not be responsible for any damages a user suffers.  This includes loss of data resulting from delays, no-deliveries, misdeliveries, or service interruptions cause by BCC negligence or by the user's errors or omissions.  Use of any information obtained via the Internet is at the user's own risk.  BCC specifically denies any responsibility for the accuracy or quality of information obtained through its services.  All users need to consider the source of any information they obtain and consider how valid that information may be.

7. Procedures for Use

a. Student users must sign-in legibly on the appropriate log each time they use the network.

b. Users shall not play games or use the computer resources for other non-academic activities.

8. Encounter of Controversial Material - On the Internet it is impossible to control the content of data and a user may discover controversial materials.  If you feel you are being harassed or the system is being used in an inappropriate manner, it is your responsibility to notify the systems administrator.  BCC shall not be held liable for any decision to restrict or regulate access to Internet materials nor for the student's encounters, access, or use of any inappropriate or controversial material.

9. Network Etiquette- All users are expected to abide by the generally accepted rules of network etiquette.  These include but are not limited to, the following:

a. Do not reveal your personal address or phone numbers or of students and colleagues.

b. Note that electronic mail (e-mail) is not private.  People who operate the system do have access to all mail.  Messages relating to or in support of illegal activities will be reported to the authorities and will result in the loss of user privileges.

c.  Do not use the Internet in such a way that you would disrupt the use of the network by other users.

d. All communications and information accessible via the Internet should be assumed to be the private property of those who put it on the network.

10. Penalties for Improper Use - When improper use is detected, the user may, depending on the severity of the abuse:

a. Receive an oral warning

b. Receive a written warning

c. Receive a written warning and/or interim suspension of privileges and notice of a hearing within two working days

d. Have privileges formally withdrawn after a hearing

e. Face criminal prosecution if possible breach of law is involved

Further, intentional or unintentional misuse of this service by an account holder or user may result in a violation of civil and/or criminal statutes, including, but not limited to, the Electronic Communications Privacy Act of 1986, the Family Educational Rights and Privacy Act, Massachusetts' Wire Tap and/or Privacy laws, defamation, copyright and/or trademark infringement laws, and/or sexual harassment or discrimination laws.

(May 1997)

Non-Discrimination and Accommodation for Persons with Disabilities

The Massachusetts' Community Colleges recognize the multitude of barriers that confront persons with disabilities in access to both employment and education. Consistent with state and federal statutes that affirm and protect the equal opportunity rights of persons with disabilities, the Community Colleges adopt a policy of non?discrimination and equal opportunity for otherwise qualified persons with disabilities.

In Employment

Berkshire Community College will take constructive measures to ensure equal opportunity in all areas of employment including recruitment, selection, upgrading, opportunities for training and development, rate of compensation, benefits and all other terms and conditions of employment.  Further, the College will examine all existing employment policies, practices and facilities to assure that they do not disparately treat or impact otherwise qualified persons with disabilities.  Where such disparity is found, it will be corrected as quickly and completely as is reasonable under existing circumstances.  Accordingly, all College facilities may not be available and accessible at a particular time.

In accordance with State and Federal laws, reasonable accommodations will be afforded to any otherwise qualified disabled employee to enable such employee to perform the essential functions of his/her job. Reasonable accommodations will also be afforded to disabled applicants for employ­ment to enable them to adequately pursue a candidacy for any available position. Any reasonable accommodations provided by the College will be provided to the extent that such accommodations do not impose any undue hardship on the College in the conduct of its operations.

In Education

The College will examine all existing admissions, student support and other student life policies, practices and facilities to assure that they do not disparately treat or impact otherwise qualified disabled persons. Where such disparity is found, it will be corrected as quickly and completely as is reasonable under existing circumstances.  Accordingly, all College facilities may not be available and accessible at a particular time.

The College will adopt a policy of non?discrimination with respect to admissions, access to programs and facilities and services for all otherwise qualified disabled persons.

In accordance with State and Federal law, the College will provide necessary reasonable accom­modations to otherwise qualified students with disabilities to assure equal access to programs, facilities and services.

Any employee or student who believes he/she has been a victim of discrimination due to a disability may file a complaint pursuant to the Grievance Procedure contained herein.  Further information may be obtained by contacting the Affirmative Action Officer (Director of Human Resources,) or the Coordinator of the Disability Resource Center.

Parking Regulations

Where is Parking on Campus?

BCC has three parking lots surrounding the campus with space for 1,053 vehicles. Parking is free and on a first-come, first-served basis and each parking area provides space for handicapped persons, students, and faculty/staff. Visitor parking is provided in a designated lot on East Rd. Vehicles parked in unauthorized areas will be ticketed. Payments are accepted at the Student Billing Office, F108, in the form of cash, money order, check, or credit card. Students are encouraged to arrive on campus at least ten minutes before their classes start. In order to provide safe and easy access to buildings for emergencies, parking regulations are strictly enforced by college personnel.

On-campus parking areas are assigned in the following way:

1. Disabled Parking sections are in the Paterson Field lot, the North lot, the area on the east side of the Susan B. Anthony College Center and along the Fire Road. Anyone who parks in these areas must display a state issued handicap placard or plate.

2. Student Parking is between painted lines in north, central, and south lots in areas not designated for faculty/staff or handicapped persons.

3. Faculty/Staff Parking is along East Road and designated areas in north, central, and south lots, and on the Fire Road. Cars must display faculty/staff stickers.

4. Visitor Parking IS NOT for faculty, staff, or students at any time.

5. Daycare drop-off and pickup is for the use of Norman Rockwell Early Child Care patrons and for the purpose of child pickup and drop-off only.

Following is a complete list of parking violations:

1. Upon any part of any highway in such manner as to impede removal or plowing of snow and ice.

2. Upon any sidewalk.

3. Upon any highway with twenty (20) feet of any intersecting way, except alleys.

4. Within ten (10) feet of a fire hydrant.

5. By other than a handicapped person in any HANDICAPPED PARKING space.

6. In front of any driveway.

7. So as to obstruct traffic.

8. In front of any barricade erected-temporarily or permanently-to close a way to vehicular traffic.

9. Taking up two parking spaces will be considered a violation.

10. On land, except a designated parking lot, not designated for vehicular traffic such as walks, lawns, and open fields.

11. In front of a gateway or entrance to an athletic field or other field or open area.

12. Upon any way that is an entrance to a parking area.

13. In any Service Zone except while actually engaged in loading and unloading.

14. Adjacent to any building in such a manner as to obstruct an exit or entrance thereto.

15. In any Bus Stop.

16. In any area designated as Reserved for Fire, Police, Ambulance, or other emergency vehicle.

17. By other than a bona fide visitor in any parking lot, area, stall, or space designated as VISITOR PARKING.

18. Except for official vehicles, in any parking lot, area, stall, or space designated as AUTHORIZED VEHICLES ONLY, or for RESERVED PARKING.

19. In any area designated NO PARKING.

20. In wrong direction.

21. Overtime in restricted area.

Parking in any of the above manners shall constitute illegal parking and the vehicle will be assessed a $15 fine (except #5- in a handicapped space- which will have a $25 fine assessed) Fines and appeals are handled through the office of Student Billing, extension 3043.

If an issued ticket is unpaid after 21 days, an additional $10 fine is imposed, and only one late payment notice is sent.  If the ticket is still unpaid after 90 days, the matter is turned over to the Registry of Motor Vehicles.  The Registry will impose an additional $30 fine as prescribed by law.  The RMV will not renew the driver's license and/or car registration until the fines are paid.  BCC reserves the right to hold grades, transcripts, registration, and graduation of all violators with unpaid fines.

Upon the sixth (6th) and each subsequent violation by an individual, in addition to the ticket, the vehicle will be immobilized with a "Denver Boot" until all fines have been paid.  An additional fee of $25 will be charged to have the boot removed from the immobilized car.

Any dispute over parking tickets must be handled through an appeal process.   Security does not have the authority to "fix" a ticket. Appeal forms are available through, and may be filed at the student billing office within 14 days of receipt of the ticket.  The original ticket must be submitted with the filed appeal.  All appeals are reviewed by the college Parking Committee on the first Tuesday of each month.  The decision of the committee is final.

Plagiarism & Academic Dishonesty

Plagiarism is a form of dishonesty in writing.  When a student uses another writer's words and/or ideas and presents it as his/her own, he/she is plagiarizing.  The faculty and staff at Berkshire Community College consider plagiarism a serious offense and encourage students to produce their best work, using their own ideas and language.  When a student does use another writer's ideas and wording to support his/her own writing, he/she must give that writer credit.

If a situation arises in which an instructor suspects a student of plagiarizing and the problem cannot be resolved between the instructor and the student, then the instructor may refer the case to the Dean of Academic Affairs who would then follow Due Process Guidelines to resolve the problem.  If the student feels unjustly charged with plagiarism, he/she could use the grievance process in this policy guide as a means of resolving the problem.

Pluralism

The Community Colleges have historically been a major contributing element to the emergence of our nation as one of the most technologically and economically advanced societies of the world. The important role that the Community Colleges can play is profoundly dependent upon the extent to which they may draw from the full collective of intellectual resources within each College's community of scholars, students, and admin­istrators. Any condition or force that impedes the fullest utilization of the human and intellectual resources available represents a force of destructive consequence for the development of our Commonwealth, and ultimately, our nation.

Community College students, faculty, staff and visitors must be free from conduct that has the purpose or effect of interfering with an individual's academic or professional perfor­mance and creating an intimidating, hostile or demeaning educational or employment environment. Therefore, the Massachusetts' Community Colleges establish a policy of unequivocal condemnation of all forms of ethnic, religious, cultural, or racial intolerance within the fifteen College communities.

This policy condemns all conditions and all actions or omissions, including all acts of verbal harassment or abuse, which deny or have the effect of denying to an individual his/her rights to equality, dignity and security in violation of his/her rights guaranteed under the law. The policy reaffirms the doctrine of civility, appreciation for pluralism and the pre?eminence of individual human dignity as preconditions to the achievement of an academic community that recognizes and utilizes the resources of all persons while recognizing and reaffirming the tenets of academic freedom. The Community Colleges recognize their obligation to protect the rights of free inquiry and expression, and nothing herein shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other federal and state laws.

The Community Colleges will vigorously strive to achieve diversity sufficiently reflective of our society. However, diversity alone will not suffice. There must be a unity and cohesion in the diversity that we seek to achieve, thereby creating an environment of pluralism.

The Community Colleges bear a responsibility by edict and an obligation by social morality to promote understanding and acceptance of ethnic, cultural, religious and racial diversity as we strive to create an atmosphere of dignity for all individuals and groups within our system of public higher education. The President or his/her designee will take reasonable measures to prevent and discourage harassment and will act positively to investigate alleged harassment and to affect a remedy or resolution when an allegation is determined to be valid.

Police Investigations

The Massachusetts State Police is responsible for investigating all actions or incidences on campus that may have potential criminal implications.  BCC Campus Security and BCC administrators will assist the State Police with the investigation.  An incident report detailing the investigation will be prepared by BCC Campus Security and forwarded to the Dean of Administration and Finance.  

In any incidence that involves a student, the Dean of Student Affairs, Michael Bullock ext. 1601,  (or his/her designee) is responsible for making contact with the student and, in conjunction with Campus Security, arranging for a confidential area for the student to be questioned by the State Police.  The Dean (or his/her designee) may be present, if so requested by the student, during any questioning by the State Police to make sure that the student's rights are upheld.  In all cases involving a student, any related incident reports will also be forwarded to the Dean of Student Affairs.

Recruitment and Hiring

Berkshire Community College is firmly committed to ensuring equal opportunity and quality at all levels of the college.  Procedures for recruitment and hiring shall reflect this commitment in keeping with the Mission and other policies of the college.  Every effort shall be made to recruit and hire the best-qualified individuals for all positions including faculty, professional, and support personnel.  These efforts will be characterized by:

1. Aggressive recruitment through regional and national advertising

2. All searches for permanent faculty and professional positions will be national in scope whenever possible

3. Maintenance of specific recruitment lists of universities and organizations that train in a specific job or have specific contact with minority groups shall remain current and be used

4. Strict adherence to the Affirmative Action Policy of the College

5. Uniform interviewing procedures for all candidates

6. Consistent monitoring of curriculum needs of the institution

7. Clear understanding of the fiscal needs of the institution

The Office of Human Resources shall administer the recruitment and hiring process in compliance with Equal Employment Opportunity and Affirmative Action regulations.  The President shall be the college's appointing authority and, in the case of faculty or professional staff, the President's recommendation to hire is submitted via monthly personnel actions to the Board of Trustees for approval before a person may be officially appointed to the position.

Sex Offender Registry Information (SORI) Checks

Students interested in participating in an academic, community or clinical program that involves working with children, the disabled, or the elderly, will be required to undergo a Criminal Offender Record Information (CORI) check and/or a Sex Offender Registry Information (SORI) check. Students found to have certain criminal convictions or pending criminal actions will be presumed ineligible to participate in such activities. The College is authorized by the Commonwealth's Criminal History Systems Board, pursuant to Massachusetts General Laws, Chapter 6, Sections 172-178B to access CORI records. The College refers to regulations issued by the Commonwealth's Executive Office of Health and Human Services, 101 Code of Massachusetts Regulations 15.00-15.16, as guidance when assessing student CORI records. Sex Offender checks shall be performed pursuant to Massachusetts General Laws, Chapter 6, Section 178J.

For more information regarding the College's CORI/SORI check process, please contact the Staff Assistant for Student Affairs & Enrollment Services, extension 1602.

(Revised:  8/07)

Sexual Harassment

It is the goal of the Massachusetts' Community Colleges to promote an educational environment and workplace that is free of sexual harassment.  Sexual harassment of students or employees occurring in the classroom or the workplace is unlawful and will not be tolerated by the College. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.  To achieve our goal of providing a workplace free from sexual harassment, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by students or employees.

Because Berkshire Community College takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Definition of Sexual Harassment

In Massachusetts, the legal definition for sexual harassment is this: "sexual harassment" means unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

(a) 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 employment or academic decisions; or,

(b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's academic or work performance by creating an intimidating, hostile, humiliating or sexually offensive learning or working environment.

Under these definitions, direct or implied requests by a supervisor or instructor for sexual favors in exchange for actual or promised job or academic benefits constitute sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a hostile, offensive, intimidating, or humiliating workplace or academic environment to male or female workers or students 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;
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment 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.

All employees and students should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the College.

Complaints of Sexual Harassment

If any student or employee believes that he or she has been subjected to sexual harassment, the student or employee has the right to file an Affirmative Action Grievance Form with the College.If you would like to file a grievance you may do so by contacting the College's Affirmative Action Officer, Deborah A. Cote.  The Affirmative Action Officer is also available to discuss any concerns you may have and to provide information to you about our policy on sexual harassment and our complaint process.  If the Affirmative Action Officer is the person against whom the grievance is filed, the President shall designate another College official to act as the Affirmative Action Officer.

Sexual Harassment Investigation

 When we receive a grievance alleging sexual harassment, the matter is handled pursuant with the Affirmative Action Grievance Procedure.  The grievance procedure will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  If it is determined that a violation of this policy has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate we will also impose disciplinary action.  Such disciplinary action shall be consistent with the appropriate collective bargaining agreement, if applicable.  

Disciplinary Action

If it is determined that a violation of this policy has occurred, the College will take such action as is appropriate under the circumstances.  Such action may range from counseling to termination from employment or expulsion from the College.  Such disciplinary action shall be consistent with the appropriate collective bargaining agreement, if applicable.   

State and Federal Remedies

 In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with the governmental agencies set forth below.  Filing a grievance under this Policy does not prohibit you from filing a complaint with these agencies.

United States Equal Employment Opportunity Commission ("EEOC")
One Congress Street
10th Floor Boston, MA 02114
(617) 565-3200.

Massachusetts Commission Against Discrimination ("MCAD")

Boston Office:        One Ashburton Place
                               Rm. 601             Boston, MA 02108 
                               (617) 727-3990

Springfield Office:   424 Dwight Street 
                              Rm. 220             Springfield, MA 01103 
                              (413) 739-2145

The Office for Civil Rights, U.S. Department of Education ("OCR")

Department of Education
John W. McCormack Post
Office and Courthouse, Rm 222
Boston, MA  02109
(617) 223-9662

Smoking Policy

As noted by the Environmental Protection Agency, the American Cancer Society, and the United States Surgeon General, tobacco smoke within confined areas creates a health hazard to both smokers and non-smokers.  These hazards are increased for those suffering from allergies, respiratory diseases, or heart disease.

In an attempt to reduce the health risks associated with second-hand cigarette smoke, the Commonwealth of Massachusetts implemented a policy that invoked the elimination of smoking within the confines of state public buildings (May 1987).

Definition of Policy

BCC is dedicated to providing a healthy working and learning environment for all college students, employees and visitors.  In recognition of the medical evidence, which indicates that smoking is a serious health hazard extending to non-smokers breathing "second hand" smoke, the following policy will be distributed annually to all students and college departments and will be posted on all official college bulletin boards.  Additional copies of this policy are available in the offices of the Dean of Student Affairs and Enrollment Services and the Dean of Administration and Finance.

1. As a result of the policy instituted by the Commonwealth in May 1987, all buildings on campus are smoke-free (including offices, restrooms, lobbies, and public entrances).

2. To further reduce the health risks associated with second hand smoke, smoking is only permitted outdoors beyond 20 feet of any college building in designated smoking areas.

3. Individuals should dispose of their cigarettes in the appropriate receptacles.

4. The sale of tobacco products on campus is not allowed.

5. Department supervisors, administrators, and security will enforce the policy.

6. Violators of this policy will be subject to disciplinary action.

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 adhere to its conditions.  Violators of the College's smoking policy should be reported to the Dean of Student Affairs and Enrollment Services, to the Dean of Administration & Finance, or to Campus Security.

Off-Campus Resources

This policy was developed in conjunction with the Department of Human Resources and the Divisions of Student Affairs and Administration & Finance. (July 2000)

Snow Days/Delays

In the event of a delay, campus opening time will be the top of the hour (9:00, 10:00 etc.) For classes with other start times, as is the case on Tuesdays and Thursdays, the next full class session will meet (e.g. for a 9:00 opening, the 9:25 class will be the first to convene; for a 10:00 opening, the 10:50 class will be the first to meet.)

Any classes that were scheduled to start prior to the stated opening time will be considered cancelled.

Solicitation Policy

Recognized on-campus clubs and/or organizations who have received prior approval from the Director of Student Life are the only groups allowed to use the campus property for donations or sales.  No individual or commercial ventures may solicit donations, or sell goods, on campus for personal or commercial gain.  BCC clubs/organizations who wish to use campus property for such purpose must see the Director of Student Life for approval.  Materials produced for the promotion of an event must bear the name of the sponsoring club and/or organization.  Credit card and Bank solicitations are prohibited.

Suspension & Probation

A student, who is placed on academic suspension, may not attend classes following the suspension notice.  Suspension is recorded on the student's transcript.  A student who has been placed on academic suspension and wishes to be reinstated must petition in writing and provide appropriate support documents for review by the Student Standing Committee.  A student may be reinstated under conditions set by the Committee and monitored by the Student Success Center.

Probation is a strong warning that academic performance is below recommended standards.  Students on probation are encouraged to make significant improvement in their grades during the following semester.  Performance will be closely monitored by the Student Success Center.  Probation is recorded on the student's transcript.

A student who fails to meet the criteria as stated below may be suspended or placed on probation at the discretion of the Student Standing Committee.

*Attempted Credit Hours are all credits attempted in courses taken at BCC.

Any student whose semester average is 2.000 or higher will not be suspended for a low cumulative average unless he or she is judged by the Student Standing Committee to have abused the W (Withdrawal) privilege. Students placed on probation or suspension are invited to appear before the Student Standing Committee to present evidence which he or she feels should be considered before final action on his or her academic performance.

Tuition Refund

The college adheres to the following refund policy:

1. Non-attendance alone does not qualify a student for a refund. Students must initiate, in writing, a course drop or All

College Withdrawal form.

2. Credit course refunds are based on the student's official date of withdrawal as determined by the Registrar's office.

3. Full refunds are granted for any course cancelled by the college.

4. Refunds are processed after the end of the refund period according to the date of withdrawal. (See Per Credit Refund Table in the college catalog.) Refund checks are mailed to the student's home address on file in the Registrar's office.

Return of Funds

Federal law requires the college to calculate a refund for students who receive Title IV financial aid and who withdraw from the college.  A copy of this policy is available in the Student Billing and Financial Aid Offices.

Use of Public Buildings for Political Activity

Using any part of a public building for political campaign purposes is prohibited, unless equal access is provided to any group wishing to use it, under the same terms and conditions as all other groups.  Under no circumstances may any political fundraising go on in a public building or any part of any building occupied for a state, county, or municipal purpose.

Weapons Policy

Pursuant to Mass. Gen. Laws, Chapter 269, Section 10 (J), the possession of both firearms and other dangerous weapons is strictly prohibited on any BCC property or in any facility.

Withdrawal From a Course

The basic responsibility for withdrawing from a course rests with the student. Students who withdraw from a course during the drop/add period receive no notation on their record. Students withdrawing from a course after the drop/add period and up to and including the date indicated on the academic calendar as the last day for course withdrawals (W grades) will receive a grade of W.

Students withdrawing after this date but on or before the date indicated on the academic calendar as the last day for course withdrawals (WP/WF grades) will receive either a grade of WP (Withdrawn Passing) or WF (Withdrawn Failing). The grade will be determined by the course instructor. A grade of WF is computed in the academic average as an F.

A student may continue to attend class on an audit basis with the permission of the instructor even after official withdrawal from the course.

To withdraw from a day course, a student must have the signatures of the advisor and appropriate faculty member on the Drop/Add form obtained from the Registrar's office. The signed form must be returned to the Registrar's office. A student leaving a course in any other fashion may receive a grade of F.

Evening students should contact the Registrar's office for the appropriate procedure.

Students should be aware that withdrawing from a course(s) may affect their eligibility for financial aid, Social Security benefits, veterans' benefits, loans, etc. Since a student may be required to repay a portion of the aid money received earlier in the semester, check with the appropriate office/agency before withdrawing.

While the W or WP grade in no way affects the grade point average, the Student Standing Committee will review the overall academic performance of those students who have more than one W/WP in a semester or more than two W/WPs in an academic year. The committee has elected to suspend or place restrictions on students who abuse the withdrawal privilege.

Withdrawal From the College

Students whose circumstances require them to drop all courses during a semester should initiate a college withdrawal through the Student Success Center (F-118, ext. 1625). Evening students may fill out the withdrawal form from 4 pm to 7 pm in the Registrar's office. Student-initiated college withdrawals are recorded in the same way as course withdrawals, with the same deadlines applying.

A full college withdrawal is not appropriate if students have already completed one modular course (or more). Students should contact the Registrar's office concerning this situation.

Special circumstances may warrant exceptions to this withdrawal policy. Appeals for exceptions should be made in writing and submitted to the Dean of Academic Affairs, who will consult with appropriate faculty members and college officers, and then report a decision to the petitioner and to the Registrar.

Crime Awareness & Campus Security Report

2009-2010

Berkshire Community College (hereinafter referred to as BCC), in compliance with the requirements of the Crime Awareness and Campus Security Act of 1990 under Public Law 101-542, Title II, and with its philosophy of establishing and maintaining an environment of learning and a supportive climate in which to conduct the business and mission of the college, provides the following information regarding crime statistics and campus security policies and procedures.

Reporting Crimes and Emergencies - (From cell phones dial 499-4660 x6100)

BCC students, staff, as well as visitors are encouraged to immediately report to Campus Security any incidents of criminal activity, sexual harassment, racist behavior, or other emergencies.

Security guards may be approached at any time or may be contacted in the following manner:

By calling ext. 6100, which rings on the radio carried by the guards at all, times.

• By using emergency phones located throughout the campus,(see back page for listing) which automatically dial security upon lifting of the handset.
• By reporting incidents to the Dean of Administration & Finance located in F-225, ext. 3001, or to the Dean of Student Affairs located in A124, ext, 1601, if security cannot be reached.
• By dialing 6100 for medical emergencies. The security guard on duty is trained in basic first aid and is the first to respond to the scene.

Institutional Response to Reported Incidents

a. Incident Reports:

 Upon receiving a report of any criminal activity, injury, or accident, security will respond by interviewing the reporting individual for details of the incident and will complete an incident report which is reviewed by the chief security officer.  Copies of incident reports are kept in the office of the Dean of Administration and Finance.

b. Actions:

1) The security guard on duty can often respond to an incident by taking such actions as asking a person to leave the campus, by issuing a parking ticket, or intervening to disperse participants in an incident.

2) In the event of medical emergencies, security or another first-aider can contact an ambulance to transport the victim to the hospital.

3) Security works with the Massachusetts State Police in reporting incidents of criminal activity. The state police conduct their own investigation, keeping college officials apprised of the status and dispensation of each case.

4) In the case of incidents or complaints regarding maintenance of buildings and grounds, the college buildings and grounds staff address the concern in response to a Maintenance Request Form completed by the responding guard.

5) Complaints of sexual or racial harassment are referred to the college Affirmative Action Officer as well as the state police, if necessary.

Access to Campus Facilities

The college campus consists of 181 acres of land on which are situated nine (9) buildings, parking lots, playing fields, and outdoor laboratories.

Most campus buildings and facilities are accessible to members of the campus community, their guests and visitors during normal hours, Monday-Friday, 6 am-10 pm, when classes are in session.

Campus grounds are open to the public for nonorganized activities; i.e., walking, bicycling, etc.  Visitors are expected to use facilities safely and properly.  Those found violating normal safety practices or acting rudely and disorderly will be asked to leave (i.e., those riding bicycles down the stairs, drinking alcohol, or behaving discourteously to others).  Organized events such as baseball or soccer games are scheduled through the campus facilities coordinator for a nominal fee.  Campus security is provided with a schedule of such events and investigates any activity taking place that does not appear on the schedule.

Security of Campus Grounds and Facilities

BCC maintains security coverage 24 hours a day every day of the year.  Security guards patrol the campus continuously and maintain a record of such patrol in a daily activity report. 
 

All interior doors keys are distributed to staff for their assigned areas only.  Keys are not given to work study students.  Staff must sign for receipt of keys, and a procedure is in place to collect the keys from staff when employment is terminated.

Security guards lock the exterior doors on campus buildings following the last class each evening.  Security will also report door and locking hardware deficiencies when discovered.

Buildings remain secured on holidays, weekends, and during nonscheduled class periods unless special arrangements are made to the contrary by contacting the facilities coordinator or campus security.

No unauthorized persons are allowed into campus buildings off-hours without prior

permission or unless accompanied by an authorized person.  College staff or students needing access to buildings during off-hours are encouraged to call ahead to security at ext. 6100.  A guard will then meet the person(s) and unlock the requested areas.

When requested, security will periodically visit a person occupying a building during off-hours to ensure his/her safety and will accompany the person to and from his/her vehicle.

Parking areas, walkways, and building exteriors are well lighted.  Members of the campus community are encouraged to report any exterior lighting deficiencies to the Office of Administration and Finance.

As a commuter campus, BCC has no policy on the security of residence halls.

Security and Campus Maintenance

Berkshire Community College currently employs a contracted cleaning service for janitorial services.  The supervisor of the janitorial crew has keys to campus buildings in order to provide access for its employees during their work shifts.  During the third shift other employees or students are generally not on campus.  From 6:00am - 4:00pm, the daytime janitorial crew has keys to the campus buildings to gain access. Mechanical contractors and mechanical tradesworker employees are accompanied by either security or maintenance staff when it is necessary for them to be on campus during other than normal working hours.

Law Enforcement Authority and Interagency Relationships

Campus security personnel are authorized to enforce the rules and regulations of Berkshire Community College in the following ways:

a. dispersing activities not permitted under campus guidelines; i.e., improper use of facilities, harassment, trespass
b. issuance of parking tickets
c. verbal warning to cease unauthorized activity
d. escorting violators from campus facilities

Security personnel do not operate with police powers and do not carry weapons.  They do carry radios capable of dialing off-campus to state and/or local police.

Since BCC is state-owned property, enforcement authority rests with the State Police.  Campus security routinely works with the state police in the investigation of criminal activity occurring on campus property.  They are called in by campus security in cases of criminal activity such as assault, automobile accidents, theft, violation of restraining orders, etc.

Local police, while not empowered with enforcement authority on state property, are cooperative in providing emergency assistance when requested.

Programming

Periodic FORUM programs advertised through flyers or brochures, on posted bulletin boards, on electronic bulletins, and electronic mail inform students and employees about crime prevention.

Drug and Alcohol Use and Abuse

The unlawful manufacture, distribution, dispensing, possession, or use of alcohol or of a controlled substance is prohibited on the campus of Berkshire Community College 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, consideration of handicap under federal and state law.

The college policy and procedure regarding drug and alcohol use is clearly defined in the Drug-Free Workplace Policy as required by the Higher Education Act and Drug-Free School and Campuses Regulations of 1990 and in The Student Policy Guide.  Specific sanctions, health risks, treatment, educational initiatives are outlined in the printed policy available in the Human Resources Office and in The Student Policy Guide available on line: http://www.berkshirecc.edu/ or in the office of the Dean of Student Affairs.

Since Berkshire Community College does not have off-campus student organizations, no policies are necessary to establish coordination with local law enforcement authorities for their monitoring.

Annual Security Report

Per the Campus Security/Cleary Act of 1990 and distribution cite 34CFR668.41(e),  an annual security report is published and made available each year detailing campus crime statistics for the previous year. 

Incident Statistics

Berkshire Community College - Main Campus

Notification of Where to Access Sex Offender Information:

In accordance with federal law, the College is required to advise the campus community where information concerning registered sex offenders may be obtained. Information concerning Level 2 and Level 3 offenders is available to the general public by contacting your local police department or the Commonwealth of Massachusetts' Sex Offender Registry Board, located at P.O. Box 4547, Salem, MA 01970-4547, (978)-740-6400. Level 3 offender information is also available on-line at www.mass.gov/sorb. Level 2 and 3 sex offender information is maintained in a binder located in the College's Security Office. It is available for public inspection and copies of Level 2 and 3 notices may be provided upon appropriate written request using the Sex Offender Registry Board's form: "Request for Sex Offender Information from City/Town Police Departments." This form may be picked up in the Security Office.  If you have any questions regarding access to sex offender information, please feel free to contact the Staff Assistant of Student Affairs, extension 1602.

BCC - South County Center Security Policies and Procedures

The South County Center of Berkshire Community College is housed in premises at 343 Main Street in Great Barrington, Massachusetts, in space leased from the BCC Foundation, Inc.

BCC South County Center maintains the same policies and procedures as are followed at the Pittsfield campus with the following exceptions:

Reporting Procedures

The South County Center Director and staff are available and accessible during all regular

operating hours for the reporting of incidents of any type.  They in turn relay the information to the security staff of the main (Pittsfield) campus for follow-up as described in the preceding pages and/or to the Great Barrington Police Department for immediate response.

The public has access to a telephone for emergency calls to local police and fire departments if necessary, by dialing 911.

Authorized Access

Requests for access during regular operating hours are made to the South County Center Director or Foundation Executive Director. 

Campus Maintenance

The BCC Foundation, Inc. employs a cleaning service to provide janitorial services to BCC and one tenant (BC ARC).  Cleaning is done during night hours when no other employees or students are usually on campus.

Policies for Campus Law Enforcement

As a privately owned building in the town of Great Barrington, enforcement authority rests with the police department of the town.

The South County Center is equipped with a burglar/fire alarm system.  This system is hard-wired to the police department for immediate response.  In addition, incidents are reported to the Pittsfield campus security staff for processing of internal incident reports and for record keeping of incidents.

Security of and Access to Campus Facilities

Since it is housed in a privately owned building, the public does not have access to the South County Center facilities outside of regular operating hours.  The building remains secured except when classes are in session, Monday-Friday, 7:00 am-10:00 pm. 

Keys to the South County Center are issued to the Director, administrative assistant, night clerk, the maintenance contractor, and the Practical Nursing program faculty (since these classes run on a different schedule than others.)

Relationship with State and Local Police

Since the South County Center is housed in a privately owned building, enforcement authority rests with the police department in the town of Great Barrington.  The South County Center maintains a good relationship with the local police who have been responsive when called. 

The state police are also notified in the event an incident exceeds the authority of the local police department.

Annual Security Report - South County Center

An annual security report is also published and made available each September detailing campus crime statistics for the previous year.

Incident Statistics South County Center

Berkshire Community College Sexual Assault Policy and Procedures

The Crime Awareness and Campus Security Act of 1990, Section 485 (f) (1) (F) of 20 U.S.C. 1092 (a) (1) (Public Law 101-542) requires that institutions of higher education collect information with respect to sexual assault on campus and beginning in September 1993, to 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 if a sex offense occurs.

The college is committed to providing an atmosphere for learning that is free of any conduct that could be considered harassing, abusive, or disorderly.  In order to assure that BCC meets its obligation to all members of the community, the procedures and programs set forth on the following pages have been established.  Copies of these procedures are available in the offices of Human Resources, the Dean of Administration & Finance, the Dean of Student Affairs, the Student Development Center, and the Campus Security Office.

BCC students and staff, as well as visitors, are encouraged to immediately report to Campus Security any incidents of criminal activity, sexual harassment, racist behavior, or other emergencies.

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 Uniform Crime Reporting System includes forcible and nonforcible sex offenses.  A listing and definition of all forcible and nonforcible offenses for which an individual may be disciplined under this policy and procedures is contained in Appendix A, which is located at the end of this document and which can be reviewed as part of the Crime Awareness and Campus Security brochures located in the offices indicated above.

When an allegation of sexual assault is made, the college will encourage the alleged victim 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 accused will have equal opportunity for a hearing.

Prevention

Through the adoption of well-planned, proactive preventive measures, coupled with sexual assault education and awareness programs, our goal is to reduce or minimize the number of these crimes on campus.

Because colleges provide an excellent opportunity to educate men and women about human relations, living together, competition and fair play, sexual assault education and awareness information should be provided to each member of the college community.  The college will have a comprehensive sexual assault education and awareness program in place and available to all students, faculty, and staff.

The prevention of sexual assault depends in part on the awareness of an individual's responsibility for crime prevention and personal safety.  An individual must exercise judgment if preventive measures are to succeed. 

Education will be provided through appropriate programs and education booklets, which may include:

a. orientation programs
b. staff development/employee training, including contracted staff
c. student and employee handbooks
d. campus media; i.e.; electronic bulletin boards, electronic mail, bulletin boards, displays
e. seminars, workshops, pamphlets and posters addressing specific issues, such as sexual assault, acquaintance rape, sexual harassment, self-protection for men and women, crime reporting

Materials and programs may be designed specifically for the campus, may be developed in conjunction with off-campus authorities or may be prepublished, prepackaged, or offered in conjunction with other groups and agencies, such as:

a. National Safety Council
b. local law enforcement agencies
c. criminal justice programs
d. Elizabeth Freeman Ctr. (Domestic violence and sexual assault)
e. American College Health Association
f. Massachusetts Chapter of the National Safety Council

When a rape or sexual assault is reported to campus authorities, it is critically important that the victim's welfare be paramount and that she/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.

PROCEDURES IN THE EVENT A SEXUAL ASSAULT OCCURS

Appropriate elements of the college community should network with one another in order to fully meet victim's needs and establish a realistic and appropriate perception of the campus environment as one which is safe, supportive, and conducive to learning.

The following procedures are in place:

• Incidents Reported to Campus Security

If a sexual assault is reported to or discovered by campus security, the following procedures must be followed:

1.    The campus officer will secure the victim in a safe, private location. If immediate medical attention is necessary or requested, campus security shall first call emergency medical services.  This should be done even when the victim states that s/he does not want such services as the person may be in shock or otherwise not competent to make such a decision. The victim has the right to decline medical treatment from the attending medical personnel.

2. The campus officer will contact the campus personal counselor, located in the Student Development Center, if available. Otherwise, the Elizabeth Freeman Center will be notified.

3. The campus officer should gather the following information immediately (or immediately after calling emergency medical services, if required):

a) name

b) the location of the victim

c) a brief description of what happened to the victim

d) name (if known) and description of the individual who committed the assault

e) location of the assailant, if known, or description the individual went after committing the assault

f) description of the vehicle in which assailant left (if applicable) and the direction of travel

4. If there is potential for immediate apprehension of the assailant, the campus officer should call the local police

and then the state police.  If apprehension is not likely, the campus officer should contact the Dean of Student Affairs, Michael Bullock ext. 1601. The Dean shall determine whether or not to call the local and/or state police.

 5. The campus officer should advise the victim of the importance of preserving evidence. This means that no matter how uncomfortable this may be for the victim, she/he should not clean herself/himself,  etc. If the victim requires non-emergency medical treatment, she/he should be directed to medical services.

6.    The campus officer should refer all media inquiries to the Dean of Student Affairs.

7.    A detailed report of the incident shall be filed by the campus officer as soon as possible.

Incidents Reported to Faculty and Staff

1. Any faculty or staff member who receives a report or discovers a possible sexual assault on campus shall immediately report this to a Campus Security Officer and to the Office of Student Affairs.  The campus officer will then be responsible for implementing the procedures specified above.

2. The Dean of Students is the Designated College Official (DCO) and shall be responsible for ensuring that all college policies and procedures are followed.  He/she shall be the designated spokesperson for all media inquiries. The Dean of Student Affairs shall determine whether college disciplinary action should be initiated.  If the victim is a student, the DCO shall inform the victim of the following:

a. the option of notifying campus security, local and state police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.

b. existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community (see Appendix B).

c. the option for available assistance in changing academic situations after an alleged sexual assault incident, if requested by the victim and if such changes are reasonably available.

Incidents Reported to Students

1. If a student receives a report of or discovers a possible sexual assault on campus, she/he must immediately notify the campus personal counselor, campus security, a faculty member, or a staff member.  The individuals mentioned will be responsible for implementing the procedures specified above.
2. The college and/or the alleged victim may initiate college disciplinary action against the person accused of forcible or non-forcible sex offenses.  Refer to Student Policy Guide, under Student Code of Conduct, for possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure.
3. If on-campus disciplinary action is instituted, the college shall follow its disciplinary procedures as outlined in the Student Policy Guide.  These procedures shall include the following:

a. the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.

b. both the accuser and accused shall be informed of the outcome of any campus disciplinary proceeding alleging a sexual assault.

Appendix A - Sexual Offenses

Forcible sex offenses are defined as "any sexual act directed against another person, forcible and/or against that person's will when the victim is incapable of giving consent."  Forcible offenses include:

forcible rape:  the carnal knowledge of a person forcibly and against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because  of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

• forcible sodomy:  oral or anal sexual intercourse with another person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
• sexual assault with an object:  to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
• forcible fondling:  the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Non-forcible sex offenses are defined as "unlawful non-forcible sexual intercourse."  Non-forcible sex offenses include:

incest:  non-forcible sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by law,

• statutory rape:  non-forcible sexual intercourse with a person who is under the statutory age of consent.

Appendix B - Counseling Services for Victims of Sexual Assault

Victim Information Sheet

Contact

In the event that you are the victim of sexual assault on the campus, first and most importantly get yourself into a place of safety, if at all possible where you are able to call one or more of the following:

1. Campus Security at ext. 6100 to report the incident and receive prompt assistance

2. The State Police at (413)743-4700

3. Personal Counselor

4. A friend

5. A local rape crisis hotline at (413) 443-0089

The Importance of a Medical Examination

For purposes of ensuring your own physical health as well as successful apprehension and prosecution of your attacker if desired/warranted, it is very important that you promptly go or be sent to a nearby hospital emergency room to be examined.  As awkward or uncomfortable as it may be, you should not change your clothing or bathe prior to this examination.  You will want, at this time, to be treated for any injuries you may have sustained and also be tested for the presence of any sexually transmitted diseases.

Be aware that it is your right to have a trained rape counselor accompany you throughout all or any part of the medical examination.  The counselor is there to provide support and answer any questions you may have.  The information you share privately with the counselor is confidential. Seeing the doctor and having an evidentiary "rape kit" completed does not mean you must prosecute your attacker, but it does significantly increase the potential for success if you choose to do so.

If possible, either bring a change of clothing with you to the hospital or have someone do so for you as your clothing worn during the assault should be collected by the medical team.

Protecting Yourself Following a Sexual Assault

After a sexual assault has occurred, it is extremely important to provide for your personal safety. If you know or fear that your attacker knows your whereabouts, you may want to make temporary arrangements to stay elsewhere.  Restraining orders preventing your attacker from contacting you are available through the court system.  Although you must request the order (with or without the help of an attorney), rape crisis counselors can help you fill out the required paperwork at the police station.  Counselors can also refer you to appropriate support agencies and shelters if desired.

Recovery

It is important to remember that sexual assault can happen to anyone.  Sexual violence is not the victim's fault.  However, victims frequently experience confused and deeply troubling feelings following an attack.  It is important not to hold such feelings in - talk to a trusted friend or relative and seek appropriate professional counseling.  Rape Crisis Centers offer 24-hour hotlines and these conversations are completely confidential.  You can talk to the counselors about anything - they are there to listen and to help.  They can answer questions about police proceedings, legal issues, medical procedures, counseling options, and many other topics.

Remember, if you have been sexually assaulted, you are the victim - you need now to take appropriate steps toward recovery - physical and emotional.

Location of Emergency Phones

INTERIOR emergency phones are located in the small entry corridors of each classroom or lab in the buildings of Hawthorne and Melville.

EXTERIOR emergency phones are located in the following areas:

 Susan B. Anthony College Center 

 DOCK-E Outside Loading Dock (Back of SBA)

 Field Administration Center

 F-SBA-E Academic Advising Center

 Koussevitzky Arts Center

  K - F - E Outside Front Lobby (East Door)

  K-111-W Outside Rear Lobby (West Door)

  K-118-SE Outside Southeast Door Near Library

 Hawthorne Hall

  H-213-E Outside Room H213

  H-207-E Outside Room H207 (Handicapped Door)

  H-105-I Inside Near Elevator 1^st Floor

  H-111-I Inside Near Elevator 2^nd Floor

 Melville Hall

  M-212-E Outside Room M212

  M-236-E Outside Room M236 (Handicapped Door)

  M-105-I Inside Near Elevator 1^st Floor

  M-110-I Inside Near Elevator 2^nd Floor

 Stanley Power Plant

  next to garage doors

PAY PHONES ARE LOCATED IN THE FOLLOWING AREAS:

 Field Administration Center- in front of computer center

Policy Guide Updated August 2009