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    MassBay Community College
   
 
  Sep 20, 2017
 
2016-2017 Catalog 
  
2016-2017 Catalog

College Regulations & Policies


Family Educational Rights and Privacy Act (FERPA) of 1974

The Family Educational Rights and Privacy Act (FERPA 20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents (or guardians) certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.” Parents (or guardians) or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. Parents (or guardians) or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent (or guardian) or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent (or guardian) or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent (or guardian) or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

  • School officials with legitimate educational interest.
  • Other schools to which a student is transferring.
  • Specified officials for audit or evaluation purposes.
  • Appropriate parties in connection with financial aid to a student.
  • Organizations conducting certain studies for or on behalf of the school.
  • Accrediting organizations.
  • To comply with a judicial order or lawfully issued subpoena.
  • Appropriate officials in cases of health and safety emergencies.
  • State and local authorities within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, any “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents [or guardians] and eligible students about directory information and allow parents [or guardians] and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339. Or you may contact the following address:

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

Notice of Non-Discrimination

MassBay does not discriminate on the basis of sex, creed, color, race, sexual orientation, age, national origin, disability or veteran or marital status in all of 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. MassBay makes a serious effort to represent a diverse group of students, faculty and staff, and to promote a climate of acceptance for minority groups. If you have any questions about compliance with Title IX, please contact the Affirmative Action Officer at MassBay.

Crime Awareness & Campus Security Act

MassBay complies with 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). The College also complies with the Higher Education Amendments of 1992 (Public Law 102-325) by developing, including and distributing, as part of the College’s annual security report, a statement of policy regarding the College’s annual security report, a statement of policy regarding the College’s sexual assault programs, and the procedures to be followed once a sex offense has occurred. On November 8, 1990, the U.S. Congress enacted the Crime Awareness and Campus Security Act of 1990 under Public Law 101-542, Title II. This Act requires that institutions of higher education receiving federal funding collect information with respect to crime statistics and campus security policies and, as of September 1992, prepare, publish and distribute an annual security report. MassBay, 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, provides this information to the College community through the Office of Public Safety.

The Violence Against Women Reauthorization Act (“VAWA”)

Created new reporting obligations under the Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Under VAWA, MassBay is required to:

  • Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates;
  • Adopt certain student discipline procedures, such as notifying victims of their rights; and
  • Adopt certain institutional policies to address and prevent campus sexual violence, to train in particular respects pertinent institutional personnel.

VAWA’s SaVE Act provision adds domestic violence, dating violence, and stalking to the categories that, if the incident was reported to a campus security authority or local police agency, must be reported under the Clery Act. The provision also adds “national origin” and “gender identity” to the hate crime categories, involving intentional selection of a victim based on actual or perceived characteristics that must be reported under the Clery Act. Under VAWA, new students and new employees must be offered “primary prevention and awareness programs” that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking.

Policy Concerning Sexual Assault

Community colleges are committed to providing an atmosphere for learning that is free of any conduct that could be considered harassing, abusive or disorderly. 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 non-forcible offenses. When an allegation of sexual assault is made, MassBay 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 to the extent possible and will be investigated. Both the accuser and the accused will have equal opportunity for hearing. Copies of this policy are available in the Office of Student Development, Human Resources, Corporate & Continuing Education, Evening & Weekend Programming, Public Safety, Division Offices, and the Library.

Policy on Sexual Harassment

Sexual harassment is a form of sex discrimination and is unlawful, unacceptable, impermissible, and intolerable. For general purposes, sexual harassment may be described as unwelcome advances, requests for sexual favors, and other physical conduct and/or expressive behavior of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
  2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
  3. Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance and creating an intimidating, hostile, or demeaning employment or educational environment. In addition to sexual harassment being unlawful, it is also unlawful to retaliate against a student, employee, or any other person in the College for filing a complaint of sexual harassment or for cooperating in an investigation of sexual harassment.

A student, employee, or any other person in the College who is found to have engaged in sexual harassment is subject to discipline up to and including termination of employment or expulsion. A full copy of Massachusetts Bay Community College’s Policy Concerning Sexual Harassment is available from the Human Resources/Affirmative Action Office.

Facility Use Policy

Massachusetts Bay Community College (MassBay) is a public institution of higher education funded in major part by legislative appropriations and student tuition and fees. Over the years considerable money and other resources have been spent to build, improve, and equip MassBay facilities for students and staff alike, and to provide essential community services. As a steward of the public trust, MassBay facilities are operated at all times in a safe, healthy and secure manner for all appropriate, approved users of the College’s physical assets. Therefore, MassBay physical facilities of any kind or nature are for the sole use of current students and staff, approved community users, or other groups or individuals who have, upon appropriate application to the College, been approved by the President or his/her designee to use a specific physical asset of MassBay. Below are specific policies for internal and external facility use. Failure to comply with the facility use policy by internal individuals and/or groups shall result in discipline, up to and including termination. Failure to comply with the facility use policy by external individuals and/or groups shall result in immediate contract cancellation. All groups, internal and external, by scheduling an event, meeting or gathering agree to adhere to these policies. All groups, internal and external, by scheduling an event, meeting or gathering, agree to follow the published emergency procedures in the event of an emergency.

Academic Affairs

Use of laboratories is limited to College course related instruction, research or projects, unless authorized by the President or his/her designee. Upon request, individuals using College facilities will be required to provide proof of registration.

Classroom Use

Use of MassBay classrooms are restricted to authorized use only by MassBay faculty and staff; registered MassBay students; and others designated by an appropriate and authorized College official. Classrooms may be reserved and scheduled by the Registrar or the Manager of Special Events only. Classrooms will be locked when not scheduled for use. Students may not be provided with keys to any College facility, including classrooms, unless authorized by the President or his/her designee. Use of classrooms is limited to College course related instruction, research or projects, unless authorized by the President or his/her designee.

Lab Use

Use of MassBay laboratories are restricted to authorized use only by MassBay faculty and staff; registered MassBay students; and others designated by an appropriate and authorized College official. Laboratories may be reserved and scheduled by the Registrar or the Manager of Special Events only. Laboratories will be locked when not scheduled for use. At all times, students in a lab (clinical or research) must be accompanied by a faculty member or authorized College personnel.

Library Use

The library is a member of The Minuteman Library Network and as such is open to all holding a Minuteman Library Network Card. Users who are not registered MassBay students or MassBay faculty/staff must check in with the librarian upon arrival. Otherwise the library is restricted to authorized use only by MassBay faculty and staff; registered MassBay students; or others designated by an appropriate and authorized College official. The library will be locked when not scheduled for use.

Automotive Technology Facilities

Automotive technology facilities are restricted to authorized use only by MassBay faculty and staff; registered MassBay students; or others designated by an appropriate and authorized College official. Automotive technology facilities may be reserved and scheduled by the Division Dean or by the Manager of Special Events only. Automotive technology facilities will be locked when not scheduled for use.

Wellness & Recreation Center & Athletics Fields

MassBay’s Wellness & Recreation Centers and athletic fields are restricted to authorized use only by MassBay faculty and staff; registered MassBay students; and others designated by an appropriate and authorized College official. The Wellness & Recreation Centers and athletic fields may be reserved and scheduled by the Manager of Special Events and the Athletic Director only. Additional policies may be implemented at the discretion of the President. Usage policies for new and/or expanded facilities will be adopted and implemented as necessary.

Facilities Use for On Campus Events and all other Non-Academic Purposes

The President of MassBay or his/her designee is authorized to approve or arrange for scheduling the use of facilities by members of the MassBay community for academic and non-academic uses in concert with and/or in support of the mission statement of MassBay. The right is reserved to revoke any such permit, without liability, should such action be deemed necessary or desirable.

All non-academic use of MassBay facilities must be coordinated through the Manager of Special Events. Use may include:

  • Faculty, staff, or department meetings
  • Student organization or group meetings
  • Rehearsals
  • Exams, academic help, or individual tutoring sessions that have not been scheduled by the Registrar’s office as part of class schedule
  • Other use of facilities not covered in the facilities use policy above.

The following types of events are specifically prohibited:

  • Activities that promote any theory or doctrine in conflict with the laws of the United States or any political subdivision thereof.
  • Activities that advocate governmental, political, or social change through violence.
  • Activities that may be injurious to individuals, the buildings, grounds or equipment.

Facilities Use Policy for External Groups

Classrooms, event space, and other facilities at MassBay are primarily for purposes of College instruction, College programs, student life and public service. However, from time to time, the President of the College or his/her designee may authorize, approve, and arrange for use of MassBay facilities by external individuals or groups who are not directly affiliated with the College as a student or as a faculty or staff member.

Booking and Coordination

All use of MassBay facilities by external individuals or groups must be coordinated through the Office of Special Events and is subject to approval by the President of the College or his/her designee. All clients will be required to enter into a formal contract regarding space use, hours of use, equipment use, any associated fees, etc. according to MassBay events use policies. All rules, regulations, ordinances and statutes applicable to MassBay students, faculty, and staff also apply to any external individual or organization using College facilities. The applicants or the event itself may not be in direct conflict with MassBay’s mission.

Catering

Catering services are available through an outside vendor upon request. Separate charges apply and payment is to be made directly to the vendor.

Permits and Insurance

Necessary permits and insurance must be obtained and proof thereof provided for events at which alcoholic beverages are to be served. Fees for facility use, equipment use, maintenance, security, etc. will be established according to MassBay policy for the facility being used, type of activity, numbers in attendance and/or at the discretion of the President or his/her designee.

Cancellation of Event

Notification of event cancellation must occur five (5) days prior to the event or fees will be forfeited.

While facilities are available for use to external clients, the College reserves the right to restrict use by non-College affiliated groups. The right is also reserved to revoke any such permit, without liability, should such action be deemed necessary or desirable.

The following types of activities are specifically prohibited:

  • Activities that promote any theory or doctrine in conflict with the laws of the United States or any political subdivision thereof.
  • Activities that advocate governmental, political, or social change through violence.
  • Activities that may be injurious to individuals, the buildings, grounds or equipment.