Nov 19, 2018  
2018-2019 College Catalog 
    
2018-2019 College 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

Massachusetts Bay Community College does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran or military status, genetic information, gender identity, or sexual orientation in its programs and activities as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes and college policies. The College prohibits sexual harassment, including sexual violence.  Inquiries or complaints concerning discrimination, harassment, retaliation, or sexual violence shall be referred to the College’s for Affirmative Action and/or Title IX Coordinator the Massachusetts Commission against Discrimination, the Equal Employment Opportunities Commission or the United States Department of Education’s Office for Civil Rights.

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 the  Policy of Affirmative Action, Equal Opportunity & Diversity (PAA) is available from Affirmative Action Office and the MassBay Website.

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.

Classrooms, laboratories, Automotive Technology Bay Use

Classrooms, laboratories (computer, clinical, or research), and automotive technology bays are restricted to authorized use only by MassBay faculty and staff, registered MassBay students, and others designated by an appropriate and authorized College official.

Academic use of, and access to, classrooms and labs (computer, clinical, or research) is granted by the Office of the Registrar only. Academic use of, and access to, the automotive technology bays is granted by the Office of the Registrar or Director of the Automotive Technology Program only.

Non-academic use of, and access to, classrooms and labs (computer, clinical, or research) is granted by the Manager of Special Events only. Non-academic use of, and access to, automotive technology bays and other Ashland facilities is granted by the Manager of Special Events or Director of the Automotive Technology Program only.

Classrooms, labs (computer, clinical, or research), and automotive technology bays will be locked when not scheduled for use.

Students may not be provided with keys to any College facility, including classrooms, labs (computer, clinical, or research), or automotive technology bays, unless authorized by the President or his/her designee.

At all times, students in a clinical or research lab must be accompanied by a faculty member or authorized College personnel.

Use of classrooms, labs (computer, clinical, or research), or automotive technology bays are 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 and must have a MassBay faculty or staff member present at the event.

Students must abide by all lab safety procedures. Any action that jeopardizes student safety will not be tolerated and will be handled in accordance with the College’s code of conduct.

General Facility Use

MassBay is a public institution of higher education funded in 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 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 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 or expulsion. 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.

Additional policies may be implemented at the discretion of the President or his/ her designee. Usage policies for new and/or expanded facilities will be adopted and implemented as necessary.

Library Use

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.

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 Community College 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 by the College.

All academic use of MassBay facilities will be coordinated through the Office of the Registrar.

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.

Food and Beverage Service

Student groups and College departments are encouraged to utilize the College’s food service vendor for food and non-alcoholic beverages. All health code regulations must be followed regarding food distribution on campus.

Cleaning Service

If external food and/or beverages have been used during an event, students and designated groups are responsible for cleaning up after the scheduled use of facilities.

Please refer to RECREATION WELLNESS CENTER & ATHLETICS for related policies

Facilities Use Policy for External Groups

Facilities at MassBay are primarily for purposes of college instruction, college programs, student life and public service. At times and with appropriate approvals, facilities may be used by the community but they are not available for unrestricted use by non-college groups.

The President of MassBay or his/her designee is authorized to approve or arrange for scheduling the use of facilities by applicants who may be community members and stakeholders in the mission of MassBay, but in any event are not in direct conflict with the mission statement of MassBay. The right is reserved to revoke any such permit, without liability, should such action be deemed necessary or desirable by the College.

Use of MassBay facilities by external groups will be coordinated through the Manager of Special Events.

The following types of activities are specifically prohibited:

  • Promoting any theory or doctrine in conflict with the laws of the United States or any political subdivision thereof;
  • Advocating governmental change by violence;
  • Activities that may be injurious to individuals, the buildings, grounds or equipment.

All rules, regulations, ordinances and statutes applicable to MassBay Community College apply also to any individual or organization using College facilities. A contract must be executed and signed by both the external client and the College. Proof of comprehensive general liability insurance must also be provided to the College.

Food and non-alcoholic beverages may not be sold, distributed, or served in College facilities by anyone other than the College’s food service vendor without prior written approval from the President or his/her designee. Separate charges apply for both the on-campus and outside food vendors, and payment is to be made directly to the vendor.

Individuals or organizations using College facilities may not bring, store, or serve alcoholic beverages in College facilities. If external groups would like to serve beer and/or wine only, they must arrange for these beverages through the College’s food service vendor, who will obtain the appropriate licenses and permits for sale and distribution of alcoholic beverages. The food service vendor will also provide certified bartenders, at the client’s expense.

Fees for facility rental, IT/AV equipment use, maintenance, security, etc. will be established according to MassBay policies for the specific facility being used, type of activity, numbers in attendance, and/or at the discretion of the President or his/her designee.

The College reserves the right to close the facilities on the day of an event due to an emergency, weather related matter, and/or facility issue. The College assumes no obligation for any business related expenses that may arise from such an occurrence.

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.

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.