Public Stewardship
Online Policy Manual
2.4 College Environment
2.4.1
General Statement
2.4.2 Nondiscrimination
2.4.3 Equal Opportunity Statement
2.4.4 Sexual Harassment Policy for Employees and Students
2.4.5 Copyright Act Compliance
2.4.6 Emissions Control Compliance
2.4.7 Abuse-Free Environment
2.4.8 Petition Signature Solicitation
2.4.9 Solicitation
2.4.10 Children on Campus
2.4.11 Crime Awareness and Campus Security Act
2.4.12 Workplace Violence Prevention
2.4.13 Student Right to Know
The Maricopa
Community Colleges are dedicated to providing a healthy, comfortable and
educationally productive environment for students, employees and visitors.
See the EEO/AA Section of the Administrative Regulations.
2.4.3 Equal Opportunity Statement
See the EEO/AA Section of the Administrative Regulations.
2.4.4 Sexual Harassment Policy for Employees and Students
See the EEO/AA Section of the Administrative Regulations.
2.4.5 Copyright Act Compliance
Students are expected to comply with the provisions of the Copyright Act of 1976 pertaining to photocopying of printed materials, copying of computer software and videotaping. In order to assist students in complying with the Copyright Law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.
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Copyright
Policy
See the INSTRUCTION Section of the Administrative Regulations. -
Taping
of Faculty Lectures
See the INSTRUCTION Section of the Administrative Regulations. - What Students Should Know About Copyright (Online Brochure
2.4.6 Emissions Control Compliance
Pursuant to A.R.S. §15-1444 C. no vehicle shall be allowed to park in any college parking lot unless it complies with A.R.S. §49-542 (the annual vehicle emissions inspection program). At the time of course registration, every out-of-county and out-of-state student will be required to sign an affidavit stating that the student's vehicle meets the requirements of A.R.S. §49-542. Vehicles that are not in compliance are subject to being towed at the owner's expense.
See the AUXILIARY SERVICES Section of the Administrative Regulations for Tobacco-Free Environment.
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Substance
Abuse/Misuse Statement
Drug abuse and misuse has become a national issue and is receiving national attention, particularly in the academic community. The insidious effects of the abuse of these agents are also felt by all walks of life and economic levels. Therefore, as an education providing institution, we are responsible to provide knowledge and guidelines about prevention, control, and treatment of the abuse/misuse of alcohol, illegal and legal drug uses and misuses.
This policy statement has been constructed on the belief that higher education has a responsibility to face safety and health factors of substance abuse/misuse issues forthrightly and innovatively. We believe that the community college needs to adapt programs applicable to their community as well as to our individual student's needs. The policy statements should be comprehensive, understood by those expected to comply, realistic and enforceable, consistently applied, and cover foreseeable dangers.
Construction of this statement has been founded on concerns of individual safety, educational quality, and legal liability. It is recognized that each individual is responsible for his/her actions and must be afforded an opportunity to develop knowledge, skills and talent, and be willing to share community responsibilities. The Maricopa Community College District has an equal "duty to care" responsibility and a commitment to substance abuse/misuse education for all students and employees.
The Maricopa Community College District shall:- Visibly demonstrate a performance of the Maricopa Community College District "duty to care".
- Comply with requirements for federal funds.
- Describe what the college does about substance abuse/misuse (alcohol, drugs, anabolic steroids).
- Inform/educate members of the academic community of adverse effects of these substances.
- Inform/educate the academic community about the policies concerning substance misuse and abuse.
- Discourage illegal drug abuse and legal substance misuse.
- Provide individual and group counseling.
- Provide assistance and guidance to obtain treatment and rehabilitation of any identified problem.
To achieve these objectives, the program must provide an environment capable of:
- Developing and implementing substance misuse/abuse prevention programs.
- Providing educational training and prevention programs for the college and community it serves.
- Providing timely and accurate information dissemination.
- Establishing supportive counseling programs as needed.
- Establishing a strong on-going evaluation of services.
- Providing assistance to obtain treatment and rehabilitation of substance abuse/misuse.
- Clarifying the college regulations for control of alcohol and drug use.
- Providing procedures that the college will follow to correct and stabilize emergency situations.
Each college will identify key people to provide emergency services and to contact and work with outside agencies.
The Maricopa Community College District is committed to establishing a preventative substance abuse program at each college designed to affect positively the problems of irresponsible use of alcohol and the use and abuse of illegal substances. A main focus of the program will be on education of the campus community and assistance to individuals.
The Maricopa Community College District fully supports disciplinary action for misconduct and the enforcement of state laws governing the use of alcohol and the use, abuse, possession or distribution ofcontrolled substances or illegal drugs.
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Student
Program to Prevent Illicit Use of Drugs and Abuse of Alcohol
- Introduction and Purpose
The Federal Drug-Free Schools and Communities Act of 1989 (Public Law 101-226) requires federal contractors and grantees to certify that they will provide a drug-free school. As a recipient of federal grants, the District must adopt a program toward accomplishing this goal. While federal legislation has been the impetus for creation of the program, the administration and Governing Board recognize that substance abuse is a problem of national proportions that also affect students at the Maricopa Community Colleges. Based upon that concern, it is intended that this program on prevention of alcohol and drug abuse on college campuses will go beyond the strict dictates of the law and will serve as a comprehensive educational and resource tool.
The Maricopa Community Colleges are committed to maintaining learning environments that enhance the full benefits of a student's educational experience. The Maricopa County Community College District will make every effort to provide students with optimal conditions for learning that are free of the problems associated with the unauthorized use and abuse of alcohol and drugs. Part of the educational mission of the Maricopa Community Colleges, in conjunction with this program, is to educate students about positive self-development, the benefits of a healthy lifestyle and the health risks associated with substance abuse.
The purpose of this program is to:- Ensure that the Maricopa Community Colleges working and learning environment for students and the public is safe, orderly and free of illegal activity.
- Comply with the Drug-Free School and Communities Act of 1989, and other relevant substance abuse laws.
- Provide students with access to appropriate treatment and rehabilitation assistance for problems associated with substance use or abuse.
- Standards of Conduct
In the student handbooks of the Maricopa Community Colleges under codes of conduct, the following are examples of behavior that is prohibited by law and/or college rules and policies:
Drinking or possession of alcoholic beverages on the college campus.
Misuse of narcotics or drugs.
- Sanctions for Violation of Standards of Conduct
Disciplinary actions include, but are not limited to:
- Warning,
- Loss of privileges,
- Suspension, or
- Expulsion.
- Legal Consequences of Alcohol and Other Drugs
- Laws Governing Alcohol
The State of Arizona sets twenty-one as the "legal drinking age". An underage person who buys, receives, possesses or consumes alcoholic beverages is guilty of a misdemeanor and may be subject to a fine and imprisonment for up to six months.
Revised Statutes, Title 28, Chapter 4, Article 3 prohibit driving while under the influence of intoxicating liquor or drugs (DWI). Drivers arrested for a DWI who refuse to be tested face suspension of their licenses or permits to drive for twelve months. A driver whose test results show a blood or breath alcohol concentration of 0.08 or more will, on conviction for a first offense, be sentenced to no less than ten days in jail, pay a fine of not less than $250, pay an additional assessment of $1,000, and may be required to perform community restitution and equip his or her vehicle with a certified ignition interlock device. On conviction of a second offense within 84 months, the person shall have his/her driving privilege revoked for one year. Additionally, this person shall be sentenced to not less than 90 days in jail, pay a fine of not less than $500, pay an assessment of $2,500, and shall be ordered to perform at least 30 hours of community restitution. Additionally, the person may be required to equip his or her vehicle with a certified ignition interlock device for up to twelve months starting on the date that his or her driving privileges are restored.- Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both. (21 United States Code §844)
After one prior drug conviction: At least fifteen days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both. (21 United States Code §844)
After two or more prior drug convictions: At least ninety days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both. (21 United States Code §844)
Special sentencing provisions for possession of crack cocaine (21 United States Code §844):
Mandatory at least five years in prison, not to exceed twenty years and fined up to $250,000, or both, if:Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack) (21 United States Code §853)
- First conviction and the amount of crack possessed exceeds five grams.
- Second conviction and the amount of crack possessed exceeds three grams.
- Third or subsequent crack conviction and the amount of crack possessed exceeds one gram.
Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. (21 United States Code §§853 and 881(a)(4))
Civil fine of up to $10,000 (pending adoption of final regulations). (21 United States Code §884(a))
Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses. (21 United States Code §862)
Ineligible to receive or purchase a firearm. (21 United States Code §922(g))
Miscellaneous: Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
Note: These are only some of the Federal penalties and sanctions.- State Penalties and Sanctions
Title Thirteen, Chapter 34 of the Arizona Revised Statutes lists drug offenses and their penalties. Following is list of drugs that are frequently misused with a description of the potential penalties attached to a conviction.
- Marijuana: A first offense for possession or use of marijuana in an amount of less than two pounds constitutes a class 6 felony and carries a possible prison term of one year and a fine of not less than $750. The sale of marijuana in an amount of less than two pounds constitutese a class 3 felony and carries a prison sentence of three and one-half years and a fine of not less than $750. There are other possible penalties as well. (A.R.S. §13-3405)
- LSD and Metamphetamine: Possession, use and sale are felonies carrying sentences from four to five years and fines of not less than $1,000. There are other possible penalties as well, including a presumptive sentence of ten years for the sale of metamphetamine. (A.R.S. §13-3407)
- Heroin and Cocaine: Possession, use and sale are felonies carrying sentences up to five years and a fine of not less than $2,000. There are other possible penalties as well. (A.R.S. §13-3408)
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Use of
Alcoholic Beverages
See Section 4 of the Administrative Regulations -
Other
Health Concerns
General Guidelines Concerning AIDS
Neither a diagnosis of AIDS nor a positive HIV antibody test will be part of the initial admission decision for those applying to attend any of the Maricopa Community Colleges. The Maricopa Community Colleges will not require screening of students for antibody to HIV.
Students with AIDS or a positive HIV antibody test will not be restricted from access to student unions, theaters, cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, restrooms, or other common areas, as there is not current medical justification for doing so.
Where academically and logistically feasible, students who have medical conditions, including AIDS, may seek accommodation in order to remain enrolled. Medical documentation will be needed to support requests for accommodation through the Office of Disabled Resources and Services or the Office of Vice President of Student Affairs.
The Maricopa Community Colleges acknowledge the importance of privacy considerations with regard to persons with AIDS. The number of people who are aware of the existence and/or identity of students who have AIDS or a positive HIV antibody test should be kept to a minimum. When a student confides in an faculty member, knowledge of the condition should be transmitted to the appropriate vice president or designee who will make the determination if the information should be further disseminated. It should be remembered that mere exposure to the person in a classroom does not constitute a need to know the diagnosis. It is, therefore, unnecessary to document in a student's file the fact that he or she has AIDS unless the information is to be used for accommodation reasons. Sharing confidential information without consent may create legal liability.
Students are encouraged to contact the Office of Disabled Resources and Services and/or the vice president of student affairs or designee for the types of services available in the district or community on matters regarding AIDS or the HIV virus.
Amended through the Administrative Regulations approval process on October 22, 2008
2.4.8 Petition Signature Solicitation
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This regulation shall govern access to college premises by representatives who wish to solicit signatures on petitions for the purpose of submission of a ballot proposition to voters, or nomination of a candidate for elective office, in a city-, county-, or state-wide election.
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Each college president shall designate general hours of accessibility for solicitation and a location on college premises where all representatives on behalf of any candidate or ballot proposition may solicit signatures. The location shall be in a common area where the solicitation will not serve as an obstruction to student activities or otherwise disrupt the college environment.
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All solicitation must take place in designated areas. Standard space may include one or two tables and chairs. Campus restrictions regarding amplification will apply. Representatives may not distribute or make available to students, employees, or college visitors any tangible item, except for informational literature about the proposed candidate or ballot initiative.
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Representatives shall notify the designated official at each college or center for their intent to be present on college premises no fewer than three working days prior to soliciting signatures. Upon obtaining authorization, representatives shall be provided a written version of this regulation.
Adopted pursuant to the Administrative Regulation approval process on July 18, 2002.
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Definitions
A "solicitor" is any non-MCCCD-affiliated entity that would, on the premises of any Maricopa Community College or Center, purport to sell or promote any product, service, or idea, but does not include such an entity that would enter the premises for the purposes of promoting, opposing, or soliciting petition signatures in connection with any political candidate or initiative, or referendum ballot.
A "special event" is a college-sponsored event conducted on college premises for the benefit of students that is based on a particular theme, and for which the college has deemed it essential to invite the participation of solicitors whose products, services or ideas are pertinent to the special event's theme. -
Requirements
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A solicitor must obtain prior approval for solicitation from the designated official at each college or center. A solicitor who would purport to sell any product or service is responsible for obtaining any necessary tax licenses and must submit to the designated official a certificate of commercial liability insurance and pay to the college or center, in consideration for the opportunity for solicitation, a fee in the amount of $50 per day or $125 per full week.
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Campus restrictions regarding location, time, date, and use of amplification may apply. All requests for space shall be granted on a first-come, first-served basis only upon completion of the requirements contained in this regulation.
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All solicitation must take place at tables in designated areas. Standard space will be one or two tables and chairs. Solicitors may be limited to no more than fifty (50) hours of solicitation activity per semester at each college or center.
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By requesting the opportunity for solicitation on the premises of a college or center, a solicitor warrants that it may lawfully sell or promote its product, service or idea and that such activity does not violate any law, and does not violate any trademark, copyright, or similar proprietary interest. The activity of any solicitor may not violate any existing Maricopa contract.
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The president of every college or center shall establish for such location restrictions governing the activities of solicitors. Such restrictions shall supplement, but shall not replace or waive, this regulation.
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A college may waive the fee prescribed in this regulation for any solicitor's participation in a special event if the college determines that such participation will be of particular educational benefit to the interests of that college's students; the participation is sponsored by a club, organization, or academic division; and the participation is approved by the college's Student Life and Leadership department. A college may waive both the fee and the insurance certificate requirements prescribed in this regulation for a student purporting to sell or promote a product or service at a special event, provided that:
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Such product or service presents low risk of harm to a potential user;
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The product or service is not food or food-related and;
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The student is soliciting solely on his or her own behalf and not pursuant to any sales agreement, commission agreement, or similar affiliation or contractual relationship with another entity.
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- Any solicitor who violates this regulation may be deemed a trespasser on college or center premises, and therefore subject to appropriate prosecution within the discretion of the College Safety department and other responsible officials at the college or center. The Maricopa County Community College District, its colleges and centers, assume no responsibility - financial or otherwise - for the acts or omissions of any vendor whose presence on college premises pursuant to this regulation is approved by any college official.
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Adopted through the Administrative Regulations approval process on July 12, 2001
Children (younger than 18) may not attend any class unless they are officially registered for the class.
Children will not be allowed on campus unless participating in an authorized college program or under the supervision of an adult.
2.4.11 Crime Awareness and Campus Security Act
Federal legislation requires the college to maintain data on the types and number of crimes on college property as well as policies dealing with campus security. To obtain additional information on this subject, contact the college Safety and Security Department.
2.4.12 Workplace Violence Prevention
It is the policy of the Maricopa Community Colleges to promote a safe environment for its employees, students, and visitors. The Maricopa Community Colleges are committed to working with its employees to maintain an environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior.
Violence, threats, harassment, intimidation, and other disruptive behavior in our facilities will not be tolerated, and it is the responsibility of all members of the Maricopa Community Colleges to report any occurrence of such conduct. Every employee, student and visitor on Maricopa Community College District property is encouraged to report threats or acts of physical violence of which he/she is aware. All reports will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm.
This policy applies to employees and students, as well as independent contractors and other non-employees doing business with the Maricopa Community Colleges. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, or both. The Chancellor is hereby instructed to enact all administrative regualtions necessary to implement this policy.
Under the terms of the Student Right To Know Act, the college must maintain and report statistics on the number of students receiving athletically related student aid reported by race and sex, the graduation rate for athletes participating in specific sports reported by race and sex, the graduation rate for students in general, reported by race and sex and other similar statistics. To obtain copies of these reports, contact the Office of Admissions and Records.
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