Mar 19, 2024  
2023-2024 Catalog 
  
2023-2024 Catalog

Policies & Procedures



Academic Integrity Policy

Cecil College adheres to the highest standards of academic integrity. Students at Cecil College are expected to maintain that high standard by taking responsibility for their academic success and achievement. All forms of academic dishonesty are serious offenses, will not be tolerated, and could lead to sanctions up to and including expulsion from the college. The students, faculty, and staff of Cecil College share an obligation to participate in the academic life of the College in a responsible and intellectually honest manner. As members of the Cecil community, students have responsibilities and duties commensurate with their rights and privileges. One of these responsibilities is to be honest and forthright in their academic work. To falsify the results of one’s work, to steal the words or ideas of another, to cheat on an examination, or to purposely misrepresent their own skills and abilities corrupts the academic process. Academic integrity is a critical component of continued membership in the College community.

The College Policy on Academic Integrity defines academic dishonesty and outlines sanctions when academic integrity is breached. Academic dishonesty, in any form, is not tolerated; therefore, the College has the right and the responsibility to apply the sanctions outlined in this policy in order to safeguard the ideals of scholarship and character.

 

I.TERMS AND DEFINITIONS

 

A. Violations of the Academic Honesty Policy include, but are not limited to:

  1. Plagiarism
  2. Cheating
  3. Fabrication
  4. Academic Misconduct

1. Plagiarism includes but is not limited to:

  • The inclusion or use of someone else’s words, ideas, images, or data as one’s own;
  • The use of an author’s exact words without acknowledging the source, enclosing the material in quotation marks, or providing the specific references and citations;
  • The use of an author’s words, ideas, opinions, thoughts, or theories in paraphrase or summary without acknowledging the source;
  • Submitting in part or whole another person’s work as one’s own, or permitting someone else to do academic work for oneself.

2. Cheating includes but is not limited to:

  • The use or attempted use of unauthorized materials, information, or study aids in an academic exercise or assignment;
  • Copying any portion of another’s work and submitting it as one’s own;
  • Allowing another person to copy one’s work;
  • Soliciting to copy another person’s work;
  • The unauthorized collaboration with any other person on any academic exercise;
  • The unauthorized use of electronic instruments, such as cell phones, calculators, or other devices to access or share information;
  • The unauthorized completion for another person of an academic work or permitting someone else to complete an academic work for oneself.
  • The use of unauthorized knowledge of the contents of test, quizzes, or assessment instruments;
  • Submitting an assignment in two different classes during one semester without permission of the faculty members;
  • Submitting previously graded work without permission of the faculty member;
  • Taking an examination or writing a paper for another student;
  • Inaccurately listing as a co-author of a paper or project someone who did not contribute.
  • Collaborating on an assignment without permission or during a test or competency performance with any other person in any fashion, without specific faculty direction or permission.
  • The unauthorized usage of Artificial Intelligence (AI) resources

3. Fabrication includes but is not limited to:

  • Fabricating, falsifying, or inventing any information or citation;
  • Inventing data for a research project or lab experiment;
  • Inventing data for internship hours or log entries;
  • Stating an opinion as a scientifically proven fact;
  • Altering the results of a lab experiment or survey;
  • Misrepresenting information such as data, facts, or results.
  • Citation of information not taken from the source indicated;
  • Submitting as your own work, any academic exercise prepared totally or in part by another.

4. Academic Misconduct includes but is not limited to:

  • The intentional violation of college policies by tampering with grades;
  • Changing, altering or being an accessory to the changing or altering of any grade in a grade book, on a test, on a ‘change of grade form’, or on any other work for which a grade has been given, in an electronic system or in any other official College academic records related to grades.
  • Taking part in obtaining or distributing any part of a learning tool (such as a quiz, test, paper, presentation, etc). This includes stealing, buying, selling, giving away, or any other related method;
  • Bribing or coercing any other person to obtain or attempt to obtain a learning measurement tool or any information about the tool, including any answers
  • Submitting the same work in more than one class without permission;

 

B. Academic conference: Meeting(s) between the appropriate Dean or designee, and the student accused of conduct prohibited under the Academic Integrity Policy. A faculty member, and/or Department chair may also be present.

C. Advisor: An individual designated by the student charged with an academic integrity violation, to assist the student with the disciplinary process. The advisor may confer with the student before or during the proceedings, but may not speak on the student’s behalf before or during the disciplinary proceeding, and may not delay or disrupt the proceeding.

D. Business Day: Monday through Friday during administrative office hours of 8:00 a.m. to 4:30 p.m. unless the college is closed.

E. College: Cecil College

F. College property: All real or personal property, electronics, land, buildings, or facilities that are owned, leased, used or operated by the college.

G. College official: Any person employed by the college, performing assigned administrative or professional responsibilities.

H. Disciplinary Procedures under the Cecil College Student Code of Conduct: procedures that guide the student process related to violations of the Cecil College Student Code of Conduct.

I. Faculty member: Any person employed by the college, providing instruction.

J. May: Used in the permissive sense

K. Policies: Includes all written board of trustee and college policies, procedures, rules and/or regulations.

L. Student: An individual who is registered for any credit, noncredit or continuing education course offered by the college for the current, future, or applicable term.

 

PROCEDURE:

  1. Faculty members should inform students in writing of the Academic Integrity Policy at the outset of each course; however, it is each student’s responsibility to know and understand the policy and these procedures. Lack of awareness of the policy and procedures shall not be considered a defense against any violation of the Academic Integrity Policy.
  2. Sanctions related to Violation of Academic Integrity Policy

a.            First infraction may include the following:

i.              Failing grade on course assignment or exam;

ii.             Required completion of remediation module or assignment;

iii.            Requirement to re-submit a comparable assignment;

iv.           Or any combination of above

b.            Second infraction may include the following:

i.              Course failure;

ii.             Required completion of remediation

c.             Third infraction may include the following:

i.              Suspension from College;

ii.             Expulsion from College

  1. If an infraction is suspected, the faculty member or chair must investigate the alleged attempt or apparent violation of the academic integrity policy, and review the evidence and incident to ensure it is sufficient to warrant a charge of academic dishonesty. This investigation, if possible, should include a documented conference with the student and the completion of the notification of violation of academic integrity policy form, including sanction.
  2. Within seven (7) business days of the suspected infraction, a conference is held with the student. Copies of relevant written documents should be provided to the student at the time of the conference including the Notification of Violation of the Academic Honesty Integrity Policy. The department chair or designee may be present at the student conference.

During the conference, the faculty member may

a.            Impose a warning or require that a student complete an equivalent or alternative assignment or

b.            Assign appropriate remediation action or

c.             Issue a failing grade for the assignment, the test, or

d.            A combination of the above

  1. A faculty member may not assign a disciplinary grade such as “F” or zero to an assignment, test or other coursework as a sanction for admitted or suspected dishonesty in lieu of following the Academic Integrity Policy. Within three (3) business days of student conference, all documentation is forwarded to the appropriate Dean’s office for review, including but not limited to a complete description of the incident, the documentation supporting the allegation, documentation related to the student meeting, with copies to the department chair, and the sanction. (the faculty member must keep the original assignment, test/examination or other evidence.)
  2.  If the faculty member deems the infraction is egregious enough to warrant course failure or suspension, OR if after review by the Dean this is determined to be the second or third infraction of academic integrity policy, the Dean will schedule an academic conference to determine if further sanctions should be imposed, up to and including expulsion from the College.
  3. The student may not circumvent a sanction of course failure by changing status in the course, i.e. by dropping, withdrawing, being withdrawn, removing the name from the class rolls or changing to audit. The student is expected to attend class and complete all coursework until resolution of the infraction. If the alleged infraction has not been resolved by the time grades are due, an “I” (Incomplete) grade will be assigned to the student. This grade remains until the alleged infraction is adjudicated.
  4. Upon receipt of the faculty member’s recommendation OR the conclusion of the Dean’s investigation, the Dean shall endeavor to notify both the student and the faculty member of the academic conference within five (5) business days, except where the College is closed or during semester breaks.

See Note1 below if no contact is made

ACADEMIC CONFERENCE

Notice of Academic Conference

1. Within five (5) business days of the determination of sufficient cause to substantiate egregious or repeated violations of the Academic Integrity policy, the appropriate Dean or designee, will schedule a date for an academic conference and notify the student of the conference date, time and location. For purposes of this section, notification means hand- delivery, U.S. mail, certified, or electronic mail.

2. The notice will inform the student of the specific provisions of the Academic Integrity policy he/she has been alleged to have violated, the date, time and location of the conference, and the procedures that are applicable throughout the process.

3. The date and time of the conference will take into consideration the student’s academic schedule. However, the seriousness of the allegations will take precedence concerning the conference scheduling. Any request to reschedule the conference by the

student will be made to the Dean who initiated the academic conference or designee, 24 hours prior to the scheduled date of the conference. Requests not made in a timely manner will not be considered.

4. Failure to attend a scheduled academic conference (unless the respondent has previously notified the Dean or designee) will result in a decision being made in the absence of the respondent.

Note1: If the student cannot be reached for a conference or refuses to sign the notification form, the faculty member shall file the Notification of Violation of the Academic Integrity Honesty Policy with the appropriate Dean without the student’s signature and attach documentation of efforts to contact the student.

 Academic Conference Procedures

1. The academic conference will provide the opportunity for the Dean, or designee, to outline the allegations to the student, and share all relevant information (charging party, witnesses and documents) he/she presently has regarding the allegations. The student will have an opportunity to address the allegations and provide any additional information relevant to the allegations or defense of same.

2. At the conclusion of the academic conference, based on the investigation conducted and information gathered, the Dean, or designee, will determine, using a preponderance of the evidence standard, whether the student engaged in egregious or multiple violations of the Academic Integrity policy.

3. If there is not a sufficient factual basis to substantiate that the student engaged in prohibited act(s), in the sole discretion of the Dean, or designee, no further action under these procedures will occur, the case will be closed, and all appropriate parties will be notified of this determination. However, sanctions imposed up to and including course failure related to individual violations of Academic Integrity policy will stand as determined prior to the academic conference.

4. If there is a sufficient basis to substantiate that the student committed the academic integrity violation(s), in the sole discretion of the Dean, or designee, the student will be found responsible for the corresponding violations outlined and determine the sanction to be imposed. The student will be notified, in writing, of the findings and sanction as soon as reasonably possible.

 

APPEALS

A. Assignment sanction appeal

a. Students who wish to appeal a faculty or department chair decision related to a sanction, with the exception of course failure, suspension or expulsion, must send a written appeal, within five (5) business days of the date upon which notice of the sanction is issued, to the appropriate Dean. The appeal will then follow the academic conference process. With the exception of course failure, suspension or expulsion, all decisions of the division Dean are final

If no appeal is received by the Dean within the five (5) business days, the student waives any further right of appeal.

B. Course grade sanction appeal

a. In cases in which course failure is deemed an appropriate sanction, the student will be informed of the right to Appeal to the Vice-President of Academic Programs.

i. Grounds for Appeal: An appeal of a sanction rendered under these procedures may be based on the insufficiency of evidence, or severity of sanctions, for course failure only. There may be no other basis for an appeal to the Vice-President of Academic Programs.

ii. An appeal petition must be filed in writing to the Vice President of Academic Programs, within five (5) business days after the Student received notice of sanctions imposed by the Dean, or designee. Email is presumed received on the date on which it was sent. If the request is not received within that time, the sanction of course failure shall stand. The petition must consist of a detailed written statement specifying the precise grounds for appealing and detail the supporting facts. The petition must be signed by the responding student or sent using the student’s college issued email account.

b. For the purpose of evaluating the severity of sanctions, the Vice President of Academic Programs, or designee, will consider only the evidence contained in the record made during the academic conference. The Vice President must uphold the determination if there is a reasonable basis for the sanction imposed, and if not, will impose a more appropriate sanction.

c. For purposes of evaluating the sufficiency of evidence, the Vice President of Academic Programs, or designee, will consider only the evidence contained in the record made during the academic conference, and will uphold the determination provided there is a reasonable basis for a finding of responsible based on a preponderance of the evidence.

d. Appellate Procedures: The hearing on appeal is closed to the public. Only persons providing relevant information will be permitted to participate. In the course of the proceedings, the Vice President of Academic Programs, or designee, will ask questions, and will permit the student to outline the grounds for appeal. The Dean, or designee, will address the merits of the appeal on behalf of the college and respond to any questions. At the conclusion of the proceeding, the Vice President will make a decision and, within a reasonable amount of time, communicate that decision to the student.

If no appeal is received by the Vice-President within the five (5) business days, the student waives any further right of appeal.

C. Appeal of suspension or expulsion sanction

a. In cases in which suspension or expulsion is deemed an appropriate sanction, as indicated by the Student Code of Conduct Policy, the student shall be informed of the right to initiate the Disciplinary Procedures under the Cecil College Student Code of Conduct.

i. The student must initiate the request for the Disciplinary Procedures administrative conference to occur within five (5) business days of receiving notice of sanctions imposed.

ii. The Policy and Processes related to the Cecil College Student Code of Conduct regardless are now the guiding policy and process, regardless of the nature of the academic misconduct.

If the student does not initiate the Student Code of Conduct Disciplinary Procedure within the 5 business days, the student waives any further right of appeal.

 DISCIPLINARY FILES AND RECORDS

Access to any student’s disciplinary or other records is governed by the provisions of the Family Educational Rights and Privacy Act of 1974. Authorized, identified college officers, faculty members or the student will have access to disciplinary records. Results of disciplinary proceedings for alleged violations of this code will be disclosed to the charging party if the prohibited conduct involves the use, or attempted use, or threatened use of physical force or harm against the person or property of another. Student records maintained in the office of the Academic Programs or the Director of Student Life will be accorded the same protection and guaranteed confidentiality as those in college administrative offices.

The file of a student found responsible of an academic integrity violation will be retained as a record for six years from the date of the letter providing notice of final sanction. In cases of expulsion, revocation or withholding of degree, the record will be retained in perpetuity. In cases where the accused student withdraws from the college, the record will be maintained permanently.

 

XVIII. STUDENT RIGHTS AND RESPONSIBILITIES

  • Unlawful Discrimination.

Right: No student shall be subject to unlawful discrimination on the grounds of age, ethnicity, national origin, gender, sexual orientation, or disability in any activity sponsored by the college on or off the college grounds

Responsibility: Students shall not engage in unlawful discrimination against other students or faculty members. Every student shall treat all members of the college community with respect and courtesy.

  • Freedom of Expression and Inquiry.

Right: Students have First Amendment rights to freedom of expression and inquiry. Such freedom is protected in order to build a community dedicated to the pursuit of truth, grounded in respect for diversity and civil discourse.

Responsibility: Students must express themselves in a civil and lawful manner that does not materially or substantially disrupt the operation of the college, or interfere with the rights of others.

  • Academic Integrity.

Right: Students have the right to expect a learning environment where academic integrity is valued and respected.

Responsibility: Students are responsible for demonstrating academic integrity and shall not engage in or condone acts of academic dishonesty

  • Freedom of Association.

Right: Students have the right to freedom of association.

Responsibility: Students are responsible for respecting the rights of others to freedom of association. When assembling and expressing their views, students must do so in a manner which does not materially or substantially disrupt the educational process or the operations of the college.

  • Freedom from Arbitrary and Capricious Grading.

Right: Students have the right to be free from arbitrary or capricious grading, and to seek appropriate review of legitimate grievances, as specified in college regulations.

Responsibility: Students are responsible for achieving reasonable standards of performance and behavior established for each course.

  • Right to Privacy.

Right: Students have rights to privacy, inspection and challenge of their educational records, as provided by the Family Educational Rights and Privacy Act of 1974.

Responsibility: Students have responsibility to respect the established privacy rights of others, including the privacy of educational records belonging to other students.

  • Freedom of the Press.

Right: Students may publish news and commentary in accordance with established First Amendment standards.

Responsibility: Students may not misuse college property (including computer resources) or the college name for unauthorized purposes. Students are responsible for adhering to pertinent state and federal law, including laws regarding defamation, obscenity, copy right infringement, invasion of privacy, prohibited harassment, ethnic intimidation, and threats of violence. Students shall adhere to established standards of journalistic ethics, including a commitment to honest reporting, and a responsibility to allow diverse views to be heard.

  • Freedom of Speech.

Right: Students have the right to express their views on matters affecting college life, in accordance with established procedures for campus governance.

Responsibility: Students have the responsibility to encourage a diversity of views, and to follow democratic procedures designed to create a climate of reasoned discourse and action.

  • Freedom from Harassment.

Right: Students have the right to be free from unlawful intimidation or coercion, including sexual harassment.

Responsibility: Students are responsible for respecting the rights of others to be free from unlawful intimidation or coercion, including sexual harassment

Notification of Violation of the Academic Integrity Policy Form  

Academic Standards for Credit Students

Refer to Academic Information & Standards .

Accessibility to Students with Disabilities

It is the policy of Cecil College to provide reasonable accommodations for students with disabilities in accordance with Title II of The Americans with Disabilities Act, As Amended (ADAAA) and Section 504 of the Rehabilitation Act of 1973. Institutions of Higher Education, including Cecil College, are required to provide qualified students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford the individual an equal opportunity to participate in a school’s programs, activities, or services. However, such institutions are not required to make adjustments or provide aids or services that would result in a fundamental alteration of the program or impose an undue burden on the institution.

To provide academic accommodations or modifications for students, documentation must be provided by a qualified diagnostician. This documentation must be on the diagnostician’s letterhead or on an approved disability verification form, and include the diagnosis, how the diagnostician determined the diagnosis, how the disability impacts the student, and recommendations for accommodations. While recommendations of the diagnostician will be considered, they are not guaranteed. This documentation must be provided whether the condition is permanent or temporary (i.e., broken leg, etc.). This documentation will be reviewed by the Disability Support and Wellness Center for all students seeking accommodations - this includes credit and non-credit students. Documentation relating to all students registered for accommodations will be securely stored on a shared network/database within the Disability Support and Wellness Center. Documentation will remain with the Disability Support and Wellness Center for up to seven years after the last contact by the student with the office. All documentation will remain confidential.

To request accommodations, or for questions related to the registration process, students should contact The Disability Support and Wellness Center at disabilityservices@cecil.edu or 443-674-1993. Current students are encouraged to visit our page on MyCecil or BlackBoard to start the registration process.

Animals on Campus Policy

Policy:

Animals on Campus

  1. General Prohibition and Exceptions
    • Animals, including but not limited to pets, are prohibited on campus with the exception of:
      • Service animals as defined by the Americans with Disabilities Act (ADA). Only dogs and miniature horses may be recognized as service animals. The ADA defines service animals as those that are individually trained to do work or perform tasks for an individual with a disability. The task(s) performed must be directly related to the disability. If animals meet this definition, they are considered service animals under the ADA, regardless of whether they are wearing a vest, patch or harness identifying them as service animal and regardless of whether they have been licensed or certified by a state or local government.
      • Service animals-in-training that are part of a certified or accredited program recognized within the service animal industry to train animals in compliance with the ADA. Service animals-in-training must be clearly identified (i.e., wearing a vest or a scarf) and trainers should notify the College’s administration in advance (via the Coordinator of Accessibility Services) of the presence of a service- animal-in- training. The College retains discretion to prohibit access to service- animals-in-training. During work and classroom hours, no more than one service- animal-in-training is permitted on site per employee or student. Unless specified otherwise, the policies that apply to service animals also apply to service-animals- in-training.
      • Animals for instructional purposes or for Student Life programs as approved by the appropriate College authority; and
      • Working dogs used by a law enforcement agency for law enforcement purposes.
  2. Service Animals - Generally
    • Service animals shall be leashed and remain under the owner’s or caretaker’s control at all times, unless leashing prohibits the animal’s service function.
    • Service animals shall maintain current dog licenses and rabies vaccinations, as specified in Cecil County Ordinance (http://www.ccgov.org/government/animal-services/dog- licensing) or the county in which the animal resides.
    • Cecil College is not required to modify policies, practices, or procedures if such modification would “fundamentally alter” the nature of the goods, services, programs, or activities, provided on campus. Nor do the ADA or Section 504 of the Rehabilitation Act overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. Additionally, if a particular service animal is out of control (and the handler does not take effective action to control it) or not housebroken, that animal may be excluded.
  1. Service Animals on Campus-Owner’s (or Handler’s) Responsibilities
    • Owner is responsible to attend to and be in full control of the service animal at all times. A service animal shall have a harness, leash, or other tether unless a) the owner is unable to use a harness, leash or tether, or b) using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. Another example is that a service animal should not be allowed to bark repeatedly in a classroom, theater, library, or other quiet place.
    • Owner is responsible for the costs of care necessary for a service animal’s well-being. The arrangements and responsibilities with the care of a service animal is the sole responsibility of the owner at all times, including toileting, feeding, regular bathing and grooming, and veterinary care, as needed.
    • Owner is responsible for independently removing or arranging for the removal of the service animal’s waste.
    • Owner is responsible for complying with local and state licensing laws for animal rights and owner responsibilities.
    • Owner is responsible for paying for any damage to College property caused by a service animal.
    • Owner may register a service animal with Coordinator of Accessibility Services. This registry is voluntary.
  2. Service Animals on Campus-Cecil College Responsibilities
    • Cecil College may prohibit the use of service animals in certain locations due to health and safety restrictions or places where the animal might be in danger. Restricted areas may include, but are not limited to, food preparation areas, research or instructional laboratories, boiler rooms, and other areas prohibited by law.
    • Service animals are permitted to accompany their owners or handlers at all times and everywhere on campus where the general public (if accompanying a visitor) or other students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard.
    • Contact the Coordinator of Accessibility Services if any questions or concerns arise relating to service animals.
    • Cecil College employees, when appropriate, may ask only two questions to determine whether an animal is a service animal, and may ask these questions only if the services or tasks performed are not visible.
      • Is the service animal required because of a disability?
      • What work or tasks has the animal been trained to perform?
    • Cecil College employees will not pet or feed a service animal or attempt to separate the animal from the owner.
    • Cecil College employees will contact the Coordinator of Accessibility Services if they have any additional questions regarding visitors to campus who have service animals.
    • Cecil College employees will report any service animals that misbehave or any owners (or other individuals) who mistreat their animals to the Department of Public Safety. Behavior qualifying as “misbehavior” will be determined by the College, in consultation with legal counsel.
  3. Voluntary Service Animal Registry
    • The voluntary service animal registry is completely voluntary. Owners are not required to register service animals with the College, and service animals that are not registered may not be restricted from access at the College.
    • The voluntary service animal registry shall be maintained by the Coordinator of Accessibility Services (for students) and HR (for employees) and shall contain the name of the owner, the name of the service animal, a copy of current rabies vaccination/license, contact information for the owner, and current student schedule (if applicable).
    • The purpose of the voluntary service animal registry is to serve a public purpose. For example, to ensure that the Department of Public Safety or other College staff know to look for service animals during an emergency or evacuation process.
  4. Emotional Support Animals
    • Emotional support animals are not service animals because they are not trained to perform work or tasks specific to a person’s disability.
    • Emotional support animals are not permitted on Cecil College property.
  5. Animal Use to Further Instructional Purpose
    • Animals used specifically to further an instructional purpose as part of a College program are permitted at the College and may also be kenneled at that location.
      • These animals shall be kenneled and handled in such a way that does not pose a danger to any person on campus or the animal itself.
      • Any injuries resulting from interaction with these animals shall be reported immediately to the Department of Public Safety for documentation. Injuries may also be subject to reporting with Cecil County Animal Services.
  6. Oversight
    • Human Resources has oversight and monitoring responsibility for these processes as it pertains to employees-both paid and unpaid.
    • The Coordinator of Accessibility Services has oversight and monitoring responsibility for these processes as it pertains to students.

Alcohol and Controlled Substances Testing for Commercial Transportation Students and Employees

Policy:

In compliance with the Omnibus Transportation Employee Testing Act of 1991, alcohol and controlled substance testing of all students and employees of the Cecil College commercial transportation training program is required.  This, in accordance to the Federal Motor Carrier Safety Regulations, issued by the Federal Highway Administration of the U.S. Department of Transportation, is effective January 1, 1996.

Procedure:

I. Introduction

Cecil College (the “College”) follows U.S. Department of Transportation Controlled Substances and Alcohol Use Policy and Testing Program to ensure the learning environment is free from the effects of alcohol and drugs, to prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by drivers of commercial motor vehicles, and to comply with the controlled substances and alcohol use and testing provisions of the Federal Motor Carrier Safety Regulations issued by the Federal Highway Administration (“FHWA”) of the U.S. Department of Transportation (“DOT”).

Cecil College is committed to providing a safe and healthful learning and working environment for students and employees performing safety-sensitive positions relating to commercial motor vehicles. Therefore, in addition to compliance with the Cecil College

Drug and Alcohol Abuse Prevention Policy issued pursuant to the Drug-Free Schools and Communities Act Amendments of 1989, all drivers (as defined in Part 2 below) are subject to testing for alcohol and controlled substances pursuant to the FHWA’s Federal Motor Carrier Safety Regulations.

II. APPLICABILITY

This policy shall be applicable to all persons employed by the College or enrolled as a student in a transportation related program offered by the College, who, at the College’s direction or with the College’s consent, operate a commercial motor vehicle (a motor vehicle or combination of motor vehicles used in commerce to transport property if the motor vehicle has a gross combination weight rating of 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; a vehicle having a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds; is designed to transport 16 or more passengers including the driver; or the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary of Transportation under the Hazardous Materials Transportation Act) which is owned, leased, rented, or donated to the College, including full-time, casual, intermittent and occasional drivers, and who perform safety-sensitive functions (as defined in Part IV hereof), and who are subject to the commercial driver’s license requirements.

III. PROHIBITIONS

  1. ALCOHOL

The College prohibits any driver from reporting to work or school, which will require the performance of safety-sensitive functions, while having an alcohol concentration of 0.02 or greater. Drivers having an alcohol concentration of 0.02 but less than 0.04 may not perform or continue to perform safety-sensitive functions until the start of the driver’s next regularly scheduled work period or class but not less than twenty four (24) hours following administration of the test.

The College prohibits any driver from being on duty at work or school or operating a commercial motor vehicle while the driver possesses alcohol. Drivers possessing alcohol may not drive or continue to drive a commercial motor vehicle.

The College prohibits any driver from using alcohol while performing safety- sensitive functions. Drivers may not perform or continue to perform any safety- sensitive functions while using alcohol.

The College prohibits any driver from performing safety-sensitive functions within four (4) hours after using alcohol.

The College prohibits any driver required to take a post-accident alcohol test pursuant to Part V.D. from using alcohol for eight (8) hours following an accident, or until after he/she undergoes such post- accident alcohol test, whichever occurs first.

The College prohibits a driver from performing or continuing to perform safety- sensitive functions if such individual refuses to submit to an alcohol test as required by Part V hereof.

  1. CONTROLLED SUBSTANCES

The College prohibits any drivers from reporting to work or school while under the influence of controlled substances (defined below) except when the use is pursuant to the instructions of a physician who has advised the driver that such substance use will not adversely affect the individual’s ability to operate a commercial motor vehicle.

Drivers may not perform or continue to perform safety-sensitive functions while using controlled substances (other than as permitted by the preceding sentence). All drivers must inform the Director of Transportation Training of any therapeutic drug use. The College prohibits drivers from reporting to work or school, remaining on duty (as defined in Part IV below), or performing a safety- sensitive function if the driver tests positive for controlled substances. The controlled substances referred to are marijuana, cocaine, opiates, amphetamines, and phencyclidine (“PCP”).

The College prohibits a driver from performing or continuing to perform safety- sensitive functions if such individual refuses to submit to a controlled substances test (as required by Part V hereof).

IV. SAFETY-SENSITIVE FUNCTIONS OF DRIVERS

Student drivers and employees must comply with the terms of this policy while performing safety-sensitive functions on duty. “On duty” refers to beginning of the workday or class. Drivers are required to be ready to work or attend classes until he/she is relieved from all work related responsibilities, including driving a commercial motor vehicle. Safety-sensitive functions for drivers include:

  1. All time spent waiting to drive a College owned, leased, rented or donated commercial motor vehicle.
  2. All time spent at the driving controls of a College owned, leased, rented or donated commercial motor vehicle that is in operation.
  3. All time spent inspecting or working on equipment including service brakes and trailer brake connections, parking (hand) brakes, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, rear-vision mirrors, coupling devices and emergency equipment.
  4. All time, other than driving, in or with a College owned, leased, rented, or donated commercial vehicle.
  5. Any time loading or unloading commercial motor vehicles; supervising, or assisting in such loading or unloading; attending a commercial motor vehicle being loaded or unloaded; remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for any shipments loaded or unloaded.
  6. All time spent in activities relating to an accident including securing the scene, rendering assistance, exchanging information and completing reports.
  7. All time spent repairing, obtaining assistance, or remaining in attendance with a disabled commercial motor vehicle.
  8. All time spent providing a breath sample or urine specimen, including travel time to and from the collection site in order to comply with the testing required by this Policy when directed by the College.
  9. All time spent performing any other work in the capacity of, or in the employ or service of the College;
  10. All time spent performing any compensated work for any non-motor carrier entity.

An individual is performing a safety- sensitive function from the time he/she is ready to perform, or is required to perform, through the time he/she and is actually performing, and until the time he/she is relieved from performing any safety- sensitive function.

V. ALCOHOL AND CONTROLLED SUBSTANCES TESTING

To comply with FHWA regulations, the College is required to and will, pursuant to this Program, test drivers for alcohol and/or controlled substances under the following circumstances:

  1. Pre-employment/admission testing

Drug and alcohol testing is required for all transportation department staff applicants and students of transportation programs requiring a commercial driver’s license. The College tests for controlled substances before individuals are hired, admitted, or permitted to perform safety sensitive functions for transportation related programs. Prior to the collection of a urine sample, a driver-applicant or student candidate or other driver will be notified the sample will be tested for the presence of controlled substances.

Any driver applicant, candidate, or other driver who refuses to submit to controlled substances testing will not be eligible for driver employment or admission to an applicable program by the College and if so employed or admitted by the College, will be terminated or rejected from such employment or program.

DOT regulations require the College to investigate an applicant’s related driving employment history ensure that such driver did not violate any alcohol or drug testing rules. Effective January 6, 2020 all employment history queries must be submitted through the Drug and Alcohol Clearinghouse. Results not covered by the clearinghouse must be confirmed. Therefore, the College will obtain, pursuant to a driver’s authorization, information concerning (1) a driver’s alcohol tests with a concentration result of 0.04 or greater; (2) positive controlled substances test results; and (3) any refusals to be tested during the preceding two years, all of which are maintained by the driver’s previous employers under FHWA regulations, If it is not feasible to obtain the information prior to the driver’s performing safety-sensitive functions, the information will be obtained and reviewed by the College no later than fourteen (14) calendar days after the driver performs safety-sensitive functions for the College. The College will not permit a driver to perform safety-sensitive functions after such fourteen (14) calendar day period without obtaining and reviewing such information. The College will obtain such information even if the driver stops performing safety- sensitive functions before the expiration of the fourteen (14) day period or before the information is obtained. Any driver who refuses to provide the College with a specific written authorization will not be hired or admitted to a transportation- related program or, if so hired or admitted, will be terminated or rejected from such employment or program. The Company will maintain a written, confidential record with respect to each past employer contacted.

The College will not use a driver to perform safety-sensitive functions if it obtains information that a driver had an alcohol test result indicating a concentration of  0.04 or greater, a verified positive controlled substances test result or a refusal to be tested, without obtaining information that there was a determination by a substance abuse professional that the driver complied with the recommendations of the substance abuse professional, and that the driver has undergone a return-to-duty alcohol test indicating an alcohol concentration of less than 0.02 and/or a return-to-duty controlled substances test with a verified negative result for controlled substances use.

  1. Random testing

During each calendar year, the College will randomly test at least ten (10) percent of all drivers covered by this Program for alcohol and at least twenty-five (25) percent of all drivers covered by this Program for controlled substances unless the FHWA Administrator alters the above percentages. Drivers will be tested for alcohol and controlled substances on an unannounced basis and the date of such testing will be spread reasonably throughout the calendar year.

Drivers to be tested will be selected randomly by a scientifically valid method resulting in each driver having an equal chance of being tested each time selections are made. Random controlled substances testing will be performed any time during work or driver program operating hours.

Each driver who is notified of selection for random alcohol and/or controlled substances testing must proceed to the test site immediately. If the driver is performing a safety-sensitive function at the time of notification, the driver will cease to perform the safety-sensitive function and proceed to the test site as soon as possible.

  1. Reasonable suspicion testing

Drivers about whom there is reasonable suspicion to believe that he/she has violated the prohibitions contained in this policy will be tested for alcohol and/or controlled substances. The College’s determination that reasonable suspicion exists to require a driver to submit to an alcohol and/or controlled substances test will be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. Observations relating to controlled substances will include indications of the chronic and withdrawal effects of controlled substances. A properly trained College official will make such observations. The person making the reasonable suspicion determination concerning the presence of alcohol will not conduct the alcohol test. Alcohol tests will be conducted only if the observations are made during, just preceding, or just after the period of the day that the driver is required to comply with this policy.

If reasonable suspicion alcohol testing is not performed within two (2) hours of reasonable suspicion determination, a record stating the reasons the test was not promptly administered will be prepared and maintained. If the alcohol test is not administered within eight (8) hours of the reasonable suspicion observation, the College will cease attempts to administer the test and will state the reasons the test was not administered in a record maintained by the College.

If reasonable suspicion exists that a driver is under the influence of or impaired by alcohol, the driver will be restricted from performing or continuing to perform safety sensitive functions.  The restriction may be lifted when:

  1. an alcohol test is administered with a result registering an alcohol concentration of 0.02 or less; or
  2. Twenty-four (24) hours have passed following the reasonable suspicion determination that the driver has violated the prohibition of this Program concerning the use of alcohol.

The College will not take any action under this policy against a driver based solely on his/her behavior and appearance with respect to alcohol use, in the absence of an alcohol test.

The reasonable suspicion determination concerning controlled substances will be maintained in a written record and will be signed by the supervisor or college official who made the observations within twenty-four (24) hours of the observations or before the results of the controlled substances test are released, whichever is earlier.

  1. Post-accident testing

As soon as practicable following an accident involving a commercial motor vehicle, each surviving driver will be tested for alcohol and controlled substances if the accident involved the loss of human life or the surviving driver received a citation for a moving traffic violation resulting from the accident.

If post-accident testing is not performed within two (2) hours after a covered accident, the reason the test was not promptly administered must be recorded and a record of such reasons must be maintained. If an alcohol test is not administered within eight (8) hours after a covered accident, the College will cease attempts to administer the test and will prepare and maintain a record of the reasons the test was not administered.

If post-accident controlled substances testing cannot be performed within thirty- two (32) hours after a covered accident, the College will cease attempts to administer the test and will prepare and maintain on file a record stating the reasons the test was not promptly administered.

A driver subject to post-accident testing must remain available for such testing or he/she will be deemed to have refused to submit to a test and will be terminated from employment or further participation in the applicable program. Nothing in this policy will be construed to require the delay of necessary medical attention following an accident or to prohibit a driver from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

The College will provide drivers with necessary post-accident information, procedures, and instructions prior to driving a commercial motor vehicle so the drivers will be able to comply with the post-accident testing requirements.

Blood, urine and breath tests designed to determine the presence of alcohol and controlled substances in an individual may be administered by federal, state, or local officials having independent authority to conduct such tests will be considered to satisfy the post- accident requirements under this policy provided such tests conform to applicable federal, state, or local requirements and that the results of the tests are obtained by the College.

  1. Return to duty testing

Drivers who have engaged in conduct prohibited by this policy will be required to submit to an alcohol and/or controlled substances test with an alcohol test result indicating an alcohol concentration of less than 0.02 and/or a controlled substances test result indicating a verified negative test before returning to any safety sensitive function.

  1. Follow-up testing

Any individual who has been identified by a substance abuse professional as needing assistance in resolving problems associated with alcohol misuse and/or use of controlled substances and who has returned to performing safety-sensitive functions will be subject to unannounced follow-up testing for alcohol and/or controlled substances at least six (6) times during the first twelve (12) months following the driver’s return to such functions. The number and frequency of such follow-up tests will be determined by a substance abuse professional. The substance abuse professional will also determine whether the driver will be tested for both alcohol and controlled substances. Follow-up testing will not extend beyond sixty (60) months from the date of the driver’s return. At any time after the first six (6) tests have been administered, the substance abuse professional may determine that follow-up tests are not necessary and may terminate the follow-up testing.

Follow-up testing will be performed during, just before, or just after safety- sensitive functions are performed.

VI. REFUSAL TO SUBMIT TO ALCOHOL OR CONTROLLED SUBSTANCES TEST

Refusal to submit to testing occurs when an individual fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing, fails to provide an adequate urine sample for controlled substances testing without a genuine inability to provide a specimen after he/she has received notice of the requirement for urine testing, or the individual engages in conduct that clearly obstructs the testing process.

Drivers who refuse to submit to any type of alcohol or controlled substances testing as required by this policy may not perform or continue to perform safety-sensitive functions.

Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances tests required by this policy will be subject to disciplinary action up to and including discharge from employment or the College program.

VII. THE CONSEQUENCES FOR DRIVERS VIOLATING THE PROHIBITIONS CONTAINED IN THIS PROGRAM

Drivers found to have engaged in conduct in violation of the prohibitions set forth in this policy or any applicable alcohol or controlled substances rule of the FHWA or any other DOT agency will be immediately removed from performing safety-sensitive functions until:

1. the driver is evaluated by a substance abuse professional and the professional determines what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and/or controlled substances use; and

2. The driver undergoes a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, and/or a controlled substances test with a verified negative result if the conduct involved a controlled substances

Additionally, if the driver has been identified by a substance abuse professional as needing assistance in resolving problems associated with alcohol misuse or controlled substances use, the driver:

  1. will be evaluated by a substance abuse professional to determine whether the driver has properly followed any rehabilitation program required by a substance abuse professional; and
  2. Such individual shall be subject to unannounced follow-up testing for alcohol and/or controlled substances following his/her return to work or participation in an applicable transportation-related program. The substance abuse professional will determine the number and frequency of the tests but there will be at least six (6) tests during the first twelve (12) months following the driver’s return. If the substance abuse professional determines that both alcohol and controlled substances testing is necessary for the driver, the driver may be required to submit to return-to-duty and follow-up testing for both alcohol and controlled substances. Follow-up testing will not exceed sixty

(60) months from the driver’s return and if the substance abuse professional determines that such testing is no longer necessary after the first six (6) tests, the testing may be terminated.

Drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 will not perform or continue to perform safety-sensitive functions, until the start of the driver’s next regularly scheduled work period or class but not less than twenty (24) hours following administration of the test. Any driver who refuses to submit to a post-accident, random, reasonable suspicion or follow-up alcohol or controlled substances test required by this Program will be terminated from employment or from a transportation- related program.

An employee engaging in conduct in violation of the prohibitions contained in this policy will be referred to Cecil College’s Employee Assistance Program. The case also will be referred to the College’s Department of Human Resources for appropriate disciplinary action up to and including discharge.

Drivers found to have engaged in conduct in violation of the prohibitions contained in this Program will be advised by the Director of Transportation Training of the resources available to him/her for evaluation and resolution of problems associated with the misuse of alcohol and/or the use of controlled substances including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.

The driver shall pay the costs of evaluation and rehabilitation. The referral, evaluation, and treatment provisions of this policy outlined above are inapplicable to applicants/candidates refusing to submit to a pre- employment/admission controlled substances test or to applicants/candidates who have a pre- employment/admission controlled substances test with a verified positive test result. Such applicants/candidates will not be hired or admitted.

VIII. ADDITIONAL PENALTIES

Any driver who violates the prohibitions of this Program will be subject to the penalty provisions of 49 U.S.C. Section 521(b).

IX. ACCESS TO RECORDS

The College will not release any driver information contained in any records required to be maintained under this Program unless required by law, expressly authorized, or required by FHWA regulations. Information required to be maintained under this policy may be disclosed to the driver; the decision maker in a lawsuit, grievance or other proceeding by or on behalf of the driver in proceedings including but not limited to worker’s compensation proceedings, unemployment compensation proceedings, or other proceedings relating to a benefit sought by the driver. Information regarding a driver’s records will only be released if the driver provides specific written consent to the release of the information to an identified person.

A driver is entitled, upon written request, to obtain copies of any records pertaining to his/her use of alcohol or controlled substances, including test records. The Company will promptly provide such records to the drivers upon receipt of his/her written request and upon payment for those records specifically requested.

Upon written request from a driver, such records will be made available to a subsequent employer.

X. NOTIFICATION OF TEST RESULTS

A Medical Review Officer who will report to the College will receive all alcohol and controlled substances tests:

  1. The name of the driver for whom the test results are being reported; 2.the type of test conducted (i.e., random, post-accident, etc.);

2. the date and location of the test collection;

3. the identities of all persons or entities performing the collection, analysis of the specimens, and serving as the Medical Review Officer for the specific test;

4. The verified results of the test, either positive or negative, and if positive, the identity of the substance found, i.e., whether alcohol or a controlled substance, and if a controlled substance the identity of the controlled substances for which the test was verified positive; and

5. The fact that the Medical Review Officer has made all reasonable efforts to contact the driver as provided by FHWA regulations. If the Medical Review Officer is unable to contact the driver, the College will request that the driver contact the Medical Review Officer prior to dispatching the driver or within twenty-four (24) hours, whichever is earlier.

In the case of driver-applicants/candidates, the College will notify a driver- applicant/candidate of the results of a pre-employment/admission controlled substances test if the driver requests such results within sixty (60) days of being notified of the disposition of his/her application for employment/admission. In the case of current drivers, the College will notify a driver of the results of a random, reasonable suspicion, or post-accident test if the test results have been verified positive.

If the Medical Review Officer is unable to contact the driver, a designated management official of the College will make reasonable efforts to contact and request each driver who submits specimens under this policy to contact and discuss the results of a controlled substances test with the Medical Review Officer, and will immediately notify the Medical Review Officer that the driver has been notified to contact the Medical Review Officer within twenty- four (24) hours.

XI. PROGRAM ADMINISTRATION

The Director of Transportation Training is the designated program administrator for coordinating the policy with the outside agency selected for testing and ensuring that procedures are followed. If you have any questions about Cecil College’s

U.S. Department of Transportation Controlled Substances and Alcohol Use Policy and Testing Program, please see the Director of Transportation Training.

The Director of Transportation Training will provide all drivers subject to this policy with educational materials that explain the requirements of this policy, the FHWA rules and regulations on alcohol and controlled substances testing, and the College’s policies concerning meeting such requirements, rules and regulations. These educational materials will be furnished to each driver prior to the start of alcohol and controlled substances testing under this Program and to each driver transferred into a position or into a transportation-related program requiring driving of a commercial motor vehicle.

The educational materials supplied to the drivers will include:

  1. the identity of the employer representative to answer questions about the materials;
  2. the category of drivers subject to this policy;
  3. an explanation of the safety-sensitive functions performed by drivers subject to this policy to make clear what period of the day the driver is required to be in compliance with this policy;
  4. information concerning the specific driver conduct prohibited by this policy;
  5. the circumstances under which the driver will be tested for alcohol and/or controlled substances under this policy;
  6. the procedures that will be used to test for the presence of alcohol and/or controlled substances, to protect the driver and integrity of the testing processes, safeguard the validity of the test result, and ensure that those results are attributed to the correct driver;
  7. the requirement that a driver submit to alcohol and/or controlled substances test administered under this policy;
  8. an explanation of what constitutes a refusal to submit to an alcohol and/or controlled substances test and the consequences of such a refusal;
  9. the consequences for drivers found to have violated the prohibition of this policy, including the requirement that the driver be removed immediately from safety-sensitive functions and the referral, evaluation, and treatment procedures under this policy;
  10. the consequences for driver found to have an alcohol concentration of 0.02 or greater but less than 0.04;
  11. information concerning the effects of alcohol and controlled substances on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem; and available methods of intervening when an alcohol or controlled substances problem is suspected including confrontation, referral to any employee assistance program and/or referral to management.

Materials supplied to student drivers may include information on additional school policies with respect to the use or possession of alcohol or controlled substances. Each driver is required to sign statements certifying that he/she has received a copy of the educational materials outlined above and a copy of this policy.

Convicted Felons and Registered Sex Offenders

Scope

This policy applies to all students.

Policy

The College practices an open-door admission policy. However, in order to help foster a safe learning environment, the College requires those individuals who have been convicted of a felony and/or who are registered as a sex offender, and who are interested in attending classes at the College, to disclose this information prior to registering for credit or continuing education classes.

Based on the nature of the offense and other factors, the College reserves the right to deny enrollment, revoke admission, limit enrollment and/or restrict activities of an applicant or student. Campus notifications will be initiated as deemed necessary. Failure to disclose a felony conviction and/or sex offender registration status may result in the student being immediately withdrawn from current classes and may result in disciplinary action up to and including dismissal or expulsion, as outlined in the Code of Student Conduct.

Procedure

The College requires individuals who have been convicted of a felony and/or who have registered as a sex offender, and who are seeking enrollment at the College, to disclose the conviction and/or sex offender registration status to the Office of Public Safety before the individual registers to take their first course. A public safety officer will complete a report based on an interview with the student. In addition, any student who is convicted of a felony and/or who is registered as a sex offender after enrolling at the college must report this information to the Office of Public Safety within 5 days of the felony conviction or other conviction resulting in registration as a sex offender, whether or not class is in session. Failure to comply will be considered a violation of the Code of Student Conduct and may result in discipline, up to and including expulsion.

  1. The Office of Public Safety will inform the Director of Student Life if a student or applicant reports being a convicted felon or registered sex offender. The Director of Student Life will then take the following steps:
    • Obtain additional information, as necessary, including information regarding court records, additional information about the conviction and/or registered sex offender status, and information about the student’s or applicant’s enrollment and employment history.
    • Convene a meeting of an Enrollment Review Board to assess safety issues for currently enrolled students, faculty, and staff that might be posed by the individual’s enrollment. Based on the nature of the offense and other factors, including but not limited to, the age of the applicant or student at the time any aspect of the criminal history at issue occurred; the time that has elapsed since the underlying offense occurred; and any evidence of rehabilitation or good conduct produced by the applicant or student, the Enrollment Review Board will determine if it is appropriate to deny or limit enrollment and/or restrict activities of the applicant or student. The Board will also determine the extent to which the college community will be notified of the enrollment of a convicted felon or registered sex offender.
    • Notify the applicant or student to make them aware of any adverse action and/or any campus notifications that will be issued concerning their admission and/or registration. The applicant or student may appeal any adverse action associated with this policy to the Vice President of Student Services and Enrollment Management. The appeal must be initiated within 14 calendar days of the date on the written notification. The appeal must be in writing and explain the reason for the appeal and include any supporting evidence. A written explanation of the appeal decision shall be issued to the applicant or student within 14 calendar days subsequent to the receipt of the written request for appeal.

 

  1. Based on the outcome of the Enrollment Review Board assessment, notifications to the college community will be handled in the following manner:

Level I Notifications

  1. Vice President of Student Services and Enrollment Management
  2. Appropriate Campus Vice President(s)/Dean(s)
  3. Director, Public Safety Department

Level II Notifications

  1. All Level I notifications
  2. Faculty teaching classes in which the offender has enrolled

 

  1. All official notifications to the college community shall come from the Vice President of Student Services and Enrollment Management, or designee.
  2. Each semester the Director of Public Safety will review new student applicants using the Maryland Department of Public Safety and Correctional Services Sex Offender Registry.
  3. Any employee who becomes aware that a registered sex offender is enrolled in classes at the college should report this information to the Director of Student Life or Director of Public Safety.
  4. Students who fail to comply with this policy may be immediately withdrawn from their current classes and may be referred for disciplinary action as outlined in the Code of Student Conduct.

 

Copyright

The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copy-righted material. The person making the copy is liable for any infringement. For further information about copyright laws consult the following:

Drug Use and Alcohol Abuse Prevention Policy

It is the policy of Cecil College, in accordance with State and Federal guidelines, to promote a drug free workplace and campus. In addition, Cecil College recognizes and supports the need to continue a firm stand on the issue of drug use and alcohol abuse prevention and education.

Procedures for a Drug Free Workplace and Campus

In compliance with the Drug Free Workplace Act of 1988, The Drug Free Schools and Communities Acts of 1986 and 1989 and The State of Maryland Executive Order 01.01.1989-Drug and Alcohol Free Workplace, the Board of Trustees of Cecil College adopted the Drug Free Workplace Policy effective March 18, 1989 and the Drug Use and Alcohol Abuse Prevention Policy effective October 1, 1990. These procedures are reviewed and amended biannually, as required by the U.S. Department of Education.

Philosophy

Cecil College is dedicated to maintaining an educational environment that prepares students for an enriched and productive participation in society, thus enhancing the quality of community life. Social life should assist, and not detract from, these most basic goals. All members of the academic community - trustees, students, faculty, administrators and other staff members - share the responsibility for protecting the academic environment, and all are expected to exemplify high standards of professional and personal conduct.

The illegal or abusive use of alcohol and other drugs by members of the academic community adversely affects the educational environment as well as the workplace. It is not only detrimental to academic endeavor and enjoyable social activity, but is potentially illegal, dangerous to health, frequently produces destructive behavior, is likely to cause irresponsible use of motor vehicles or other equipment, and often impairs personal interaction and decision making.

Therefore, Cecil College is committed to having a campus that is free of alcohol and other drug use and abuse. In keeping with its mission, Cecil College will utilize prevention through education as a major approach to the problem. Standards of conduct for members of the campus community will be established herein and will include remedial actions and sanctions as required by law.

Definitions

The following terms used in these procedures are defined as follows:

Substance
Alcohol and other drugs.

Alcohol
Alcohol or ethanol.

Drug
Any substance taken into the body, other than food, which alters the way in which the body normally functions.

Abuse
Use of any illegal drug or use of any drug, including alcohol, over the counter or prescription drugs, when use is not in conformance with prescription requirements, or circumstances when use is not permitted.

Prohibition Against the Abuse of Drugs, Substances and Alcohol

The sale, distribution, use, manufacture, possession or abuse of illegal drugs and the abuse of alcohol and other substances is a violation of federal and/or state laws and is prohibited at all times. Violators will be subject to arrest and prosecution. Students, faculty and staff who are found guilty of violating federal and/or state laws on College property, or while on College business, will be subject to disciplinary action up to and including dismissal and/or termination. Penalties may include drug and alcohol education and referral to the Cecil County Alcohol and Drug Center or other treatment programs in lieu of dismissal or termination.

College-Wide Resources

Available to all members of the College community, the Disability Support and Wellness Center provides education, individual support, and confidential referral to treatment and counseling services. For additional information, contact The Disability Support and Wellness Center at disabilityservices@cecil.edu or 443-674-1993.

  • Additional information and resources available in the community include:
    • Mental Health Core Service Agency: (410) 996-5112
    • Alcohol and Drug Recovery Center: (410) 996-5106
    • Behavioral Health Crisis Assistance: (888) 407-8018
    • Christiana Care: (410) 398-4000
    • Veterans Vet Center (Readjustment Counseling): (410) 392-4485

Risks of Alcohol and Other Drug Use

Federal and state laws require the College to provide basic information within its policy about the numerous health risks associates with abuse of substances. It is not possible to fully explain all of them within this document, but some of the facts will be outlined in accordance with the requirements. Project Alert maintains a resource library, circulates flyers, articles and pamphlets on many of these health risks in addition to its classes, seminars and workshops.

Impairment of motor skills, loss of judgment and toxic reactions are among the many risks associated with alcohol and other drug use and abuse. Physical and psychological dependence can result from prolonged or continuous use of alcohol and other drugs. Sometimes even short term or periodic use of certain substances can produce physical and psychological dependence. Alcohol and other drug use has been related to a broad range of illnesses such as liver disease, nutritional deficiencies, ulcers, neurological and convulsive disorders, cancers, heart and artery diseases.

Some other known effects and risks include:

HIV Infection (Human Immunodeficiency Virus)
The virus which causes AIDS (Acquired Immune Deficiency Syndrome). AIDS can be a fatal condition. Intravenous (IV) drug users and people under the influence of alcohol and other drugs are at risk for contracting the HIV virus. The use of alcohol and other drugs impairs judgment, lowers defenses and can put the user and user’s partner(s) in danger of acquiring HIV by transfer of blood products, and the transfer of other body fluids.

Drug Affected Infants
Alcohol and other drug use during pregnancy can be very dangerous since these substances pass freely from the mother’s body to the baby’s. New studies also show that a male’s use of alcohol and other drugs can affect the unborn child. One in ten children born in urban areas have been prenatally exposed to cocaine. Among the many symptoms, affected infants are likely to be born with low birth weight (under 5.5 pounds), suffer from attention deficit problems, coordination and developmental retardation and are at increased risk of Sudden Infant Death Syndrome (SIDS).

Fetal Alcohol Syndrome (FAS)
An especially tragic result of drinking by pregnant women because its victims are helpless babies. Drinking alcohol is very risky in any stage of pregnancy, especially during the first trimester. An estimated three out of every 1,000 babies born has fetal alcohol syndrome. Effects can be similar to those described above for drug-affected infants.

Other substances and known effects include:

Marijuana
Made from the dry leaves of the hemp plant. When smoked or eaten, it alters the chemicals in the body that control mood, appetite, perception, energy and concentration. The drug affects the brain cells in a way that disrupts long and short term memory. Marijuana also creates hormonal changes in both males and females which can lead to damage of the reproductive system, affecting the unborn child.

Anabolic Steroids
Laboratory-made substances which are used primarily by athletes to increase muscle size and body weight. In addition to being illegal, steroids can cause serious negative side effects. Psychological problems include increased anger, uncontrolled aggression, depression and low tolerance for frustration. Physical side effects in men include a decrease in sperm count, atrophy of the testes, impotence, cancer of the prostate, early baldness, high blood pressure, heart disease and liver failure. In women, side effects include masculinizing reactions such as growth of facial and body hair, deepening of the voice, male pattern baldness and menstrual irregularities. In both sexes, there is an increased risk of birth defects in babies born to parents who use or used steroids.

Cocaine and “Crack”
Derived from the leaves of the cocoa plant. When inhaled or smoked it stimulates the central nervous system and increases heart rate, blood pressure and body temperature. Some doses can cause weight loss, damage to the central nervous system, skin abscesses, and perforation of the septum of the nose, depression and paranoid psychosis. Newborn babies of mothers abusing the drug can be addicted.

LSD or “Acid”
A hallucinogenic substance that is chemically derived from components of grain fungus. When ingested it causes dilation of the pupils and increases pulse rate, blood pressure and body temperature. Acting on the brain, it causes sensory distortions and hallucinations. Other responses include loss of identity, faulty judgment, sense of unreality, anxiety, depression, terror and panic. It can result in psychological dependence, and is potent in small doses.

Narcotics
Includes opium, morphine, heroin, codeine and synthetic substances that can be taken orally, snorted, smoked or injected into the skin or a vein. They relax the central nervous system and appear to be able to reduce anxiety levels, promote drowsiness and allow sleep in spite of severe pain. Short-term physical effects include pinpoint pupils, lethargy, skin abscesses, chronic constipation, nausea and respiratory depression. Psychological effects include anxiety, irritability, mood swings, depression, drug seeking and antisocial behavior.

Maryland Alcoholic Beverage Laws

  1. The minimum legal age for the possession and/or consumption of alcoholic beverages is 21 years.
  2. It is unlawful to purchase alcoholic beverages for, or to give alcohol to, a person under 21 years of age.
  3. It is unlawful for any minor to knowingly and willingly make any misrepresentation or false statement to his/her age in order to obtain alcoholic beverages.
  4. It is unlawful for any person to purchase alcoholic beverages for consumption by an individual who is known to be a minor.
  5. It is unlawful for any persons to possess open containers of any alcoholic beverage in a public place.
  6. In Maryland, the penalties for persons over 21 driving under the influence (DUI - Blood Alcohol Concentration - BAC.07) and driving while intoxicated (DWI - BAC.10) includes fines, suspension or revocation of license and imprisonment.
  7. Effective January 1, 1990, the driver of a vehicle who is under 21 and who has a.02 Blood Alcohol Concentration (BAC) can have his/her driver’s license suspended for one year.

Cecil County Code for Possession of Alcohol

It is a violation in Cecil County to possess an open container that contains or has contained alcoholic beverages on a street, in a parking lot, on a highway, on a sidewalk, in other public places or in a motor vehicle. This applies equally to campus premises.

College Requirements for Alcohol Use

Cecil College recognizes that a responsible and mature attitude towards alcohol is a desirable goal. These requirements and guidelines provide an opportunity to develop such responsibility. They presume adherence to Maryland State Law and respect for the rights of others.

  1. The use, possession, and/or serving of beer and wine at all College activities is subject to county, state and federal regulations.
  2. The use, possession, and/or serving of alcoholic beverages is prohibited at all on-campus College sponsored student activities. Requests for exceptions to these guidelines should be directed to the Vice President of Student Services and Enrollment Management or the appropriate budget head.
  3. Non-student activities sponsored by any department, faculty or staff at which alcohol will be served require approval from the Vice President or Budget Head of the division.
  4. Alcoholic beverages will not be sold or served at College sporting events.
  5. STUDENT PLEDGE: In accordance with Federal law, the following statement with required signature is contained in the student Application for Admission: “In making this application, I accept and agree to abide by the policies and regulations of Cecil College concerning drug and alcohol abuse and understand that the unlawful use of drugs or alcohol will subject me to the penalties contained in those policies and regulations.”“

Guidelines for Complying with College Alcohol Requirements

  1. Admission to events where alcohol is served must be by invitation or ticket. Members of the College community are responsible for their guests to insure adherence to all applicable laws, regulations and policies as well as appropriate behavior.
  2. A notice of the legal drinking age must be posted at the entrance to the event in the immediate serving area.
  3. The event coordinator is responsible for a system to ensure that no one who is underage is served alcoholic beverages. A college representative or designee will be in attendance at all student events where alcoholic beverages are served in order to provide overall supervision of the event and to monitor the service and use of alcoholic beverages.
  4. The burden of proof for showing legal age is placed upon the person desiring alcohol service. No service will be provided unless clear evidence of legal age is presented. No person under the legal drinking age of 21 shall be served alcohol. The following procedures are recommended:
    • Check picture I.D.s at the entrance. Acceptable identification consists of a valid driver’s license with photo or other I.D. issued to non-drivers by the D.M.V.
    • Use an ink stamp or other non-transferable identification for all persons who are of legal drinking age.
    • Serve each person only one drink at a time.
  5. No person who is intoxicated or appears under the influence of drugs or alcohol, or who is disorderly in conduct, may attend an event nor consume, serve or dispense alcoholic beverages. If an individual becomes intoxicated at the function, he/she will not be served additionally and may be asked to leave for the remainder of the event. A free ride home will be offered to anyone appearing unsafe to drive a vehicle. Unusual and/or suspicious behavior should be assessed on a case-by-case basis by the instructor or supervisor and appropriate action or referral taken. If necessary, the instructor or supervisor may seek additional advice or assistance from appropriate resources at the College.
  6. All bartenders must be 21 years of age or older. According to Maryland law all facilities must have a person on site who has completed a certified alcohol intervention workshop. Server intervention workshops will be offered each semester by qualified trainers under Maryland licensing regulations for students, faculty, and staff recruited to be servers at functions where alcohol is available.
  7. At all events where alcoholic beverages are served, nonalcoholic beverages such as soft drinks, lemonade, coffee and tea must be provided at minimal cost. Amounts must be reasonably related to expected attendance below the age of 21 and persons who prefer not to drink alcoholic beverages.
  8. High fat, high-protein foods, in quantities proportional to the number of guests, shall be provided and prominently displayed throughout any event where alcohol is served.
  9. The serving of alcohol must be discontinued one hour prior to the close of the event and a free ride home will be provided upon request or offered to anyone appearing unsafe to drive a vehicle.
  10. Alcoholic beverages will be served only in the area(s) reserved.
  11. Alcoholic beverages may not be brought in by others nor removed for consumption elsewhere.
  12. No one should be induced or coerced, even subtly, to drink or to over indulge. The serving of alcoholic beverages must be incidental to the event and not the focus of the event.
  13. Alcohol will only be available for a maximum of three hours and not past 12:00 midnight.
  14. No advertising for an event which promotes alcohol or emphasizes the quantity of alcohol to be served is permitted. All promotional material and/or paid advertising must be reviewed and approved by a designated Enrollment and Student Support Services administrator.
  15. Alcoholic beverages may not be given away as door prizes or raffled.

Policy Enforcement for Students

  1. Violations by students are subject to law enforcement procedures as applicable and/or to action according to the College’s disciplinary procedures for students. Violators of College policy will receive sanctions up to and including expulsion and/or referral for prosecution. Individuals may be referred to an appropriate substance abuse education program or to the Cecil County Alcohol and Drug Center as a provision of any penalty or sanction for violation of policies and/or regulations.
  2. Violations by students will be handled according to the “Due Process” procedure through Student Services and Enrollment Management or the division of Continuing Education & Workforce Development as applicable.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) allows the Registrar to release student directory information. This information may include names, addresses, telephone numbers, Cecil College email addresses, birth dates, birth places, major fields of study, attendance dates, degrees and awards, the most recent educational agencies or institutions attended, participation in officially recognized college activities or sports, and athletic team members’ weights and heights. The College generally will release only the student’s name, dates of attendance and degrees, and/or certificates earned as directory information.

To have directory information withheld, written notification must be received from currently enrolled students in the Registrar’s Office within two weeks after the first day of classes for the semester/term. Cecil College assumes that failure on the part of any student to request withholding of directory information indicates individual approval for disclosure.

The Act affords students the opportunity to inspect and review their educational records within forty-five (45) days of the College’s receipt of 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 for review.

Students may request an amendment of any of their educational records that they believe are 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/her right to a hearing.

Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U. S. Department of Education, 400 Maryland Avenue, SW, Washington DC 20202-4605.

General Education and Transfer

Public Institutions of Higher Education

Annotated Code of Maryland
Click to go to the Annotated Code of Maryland

Scope and Applicability

This chapter applies only to public institutions of higher education.

Definitions

In this chapter, the following terms have the meanings indicated.

A.A. Degree
The Associate of Arts degree.
 
A.A.S. Degree
The Associate of Applied Sciences degree.
 
A.A.T. Degree
The Associate of Arts in Teaching degree.
 
A.F.A. Degree
The Associate of Fine Arts degree.
 
Arts
Courses that examine aesthetics and the development of the aesthetic form and explore the relationship between theory and practice. Courses in this area may include fine arts, performing and studio arts, appreciation of the arts, and history of the arts.
 
A.S. Degree
The Associate of Sciences degree.
 
A.S.E. Degree
The Associate of Science in Engineering degree.
 
Biological and Physical Sciences
Courses that examine living systems and the physical universe. They introduce students to the variety of methods used to collect, interpret, and apply scientific data, and to an understanding of the relationship between scientific theory and application.
 
English Composition Courses
Courses that provide students with communication knowledge and skills appropriate to various writing situations, including intellectual inquiry and academic research.
 
General Education
The foundation of the higher education curriculum providing a coherent intellectual experience for all students.
 
General Education Program
A program that is designed to: (1) Introduce undergraduates to the fundamental knowledge, skills, and values that are essential to the study of academic disciplines; (2) Encourage the pursuit of lifelong learning; and (3) Foster the development of educated members of the community and the world.
 
Humanities
Courses that examine the values and cultural heritage that establish the framework for inquiry into the meaning of life. Courses in the humanities may include the language, history, literature, and philosophy of Western and other cultures.
 
Mathematics
Courses that provide students with numerical, analytical, statistical, and problem-solving skills.
 
Native Student
A student whose initial college enrollment was at a given institution of higher education and who has not transferred to another institution of higher education since that initial enrollment.
 
Parallel Program
The program of study or courses at one institution of higher education, which has comparable objectives as those at another higher education institution; for example, a transfer program in psychology in a community college is definable as a parallel program to a baccalaureate psychology program at a 4-year institution of higher education.
 
Receiving Institution
The institution of higher education at which a transfer student currently desires to enroll.
 
Recommended Transfer Program
A planned program of courses, both general education and courses in the major, taken at a community college, which is applicable to a baccalaureate program at a receiving institution, and ordinarily the first 2 years of the baccalaureate degree.
 
Reverse Transfer
A process whereby credits that a student earns at any public senior higher education institution in the State toward a bachelor’s degree are transferrable to any community college in the State for credit toward an associate’s degree.
 
Sending Institution
The institution of higher education of most recent previous enrollment by a transfer student at which transferable academic credit was earned.
 
Social and Behavioral Sciences
Courses that are concerned with the examination of society and the relationships among individuals within a society.
 
Transfer Student
Means a student entering an institution for the first time having successfully completed a minimum of 12 semester hours at another institution, which is applicable for credit at the institution the student is entering.

Admission of Transfer Students to Public Institutions

  1. Admission to Institutions:
    1. A student attending a public institution who has completed an A.A., A.A.S., or A.S. degree or who has completed 60 or more semester hours of credit, shall not be denied direct transfer to another public institution if the student attained a cumulative grade point average of at least 2.0 on a 4.0 scale or its equivalent in parallel courses, except as provided in subsection (4) below.
    2. A student attending a public institution who has not completed an A.A., A.A.S., or A.S. degree or who has completed fewer than 60 semester hours of credit, shall be eligible to transfer to a public institution regardless of the number of credit hours earned if the student:
      1. Satisfied the admission criteria of that receiving public institution as a high school senior; and
      2. Attained at least a cumulative grade point average of 2.0 on a 4.0 scale or its equivalent in parallel courses.
    3. A student attending a public institution who did not satisfy the admission criteria of a receiving public institution as a high school senior, but who has earned sufficient credits at a public institution to be classified by the receiving public institution as a sophomore, shall meet the stated admission criteria developed and published by the receiving public institution for transfer.
    4. If the number of students seeking admission exceeds the number that can be accommodated at a receiving public institution, admission decisions shall be:
      1. Based on criteria developed and published by the receiving public institution;
        and
      2. Made to provide fair and equal treatment for native and transfer students.
  2. Admission to Programs:
    1. A receiving public institution may require higher performance standards for admission to some programs if the standards and criteria for admission to the program:
      1. Are developed and published by the receiving public institution; and
      2. Maintain fair and equal treatment for native and transfer students.
    2. If the number of students seeking admission exceeds the number that can be accommodated in a particular professional or specialized program, admission decisions shall be:
      1. Based on criteria developed and published by the receiving public institution; and
      2. Made to provide fair and equal treatment for native and transfer students.
    3. Courses taken at a public institution as part of a recommended transfer program leading toward a baccalaureate degree shall be applicable to related programs at a receiving public institution granting the baccalaureate degree.
  3. Receiving Institution Program Responsibility:
    1. The faculty of a receiving public institution shall be responsible for development and determination of the program requirements in major fields of study for a baccalaureate degree, including courses in the major field of study taken in the lower division.
    2. A receiving public institution may set program requirements in major fields of study, which simultaneously fulfill general education requirements.
    3. A receiving public institution, in developing lower division course work, shall exchange information with other public institutions to facilitate the transfer of credits into its programs.

General Education Requirements for Public Institutions

  1. While public institutions have the autonomy to design their general education program to meet their unique needs and mission, that program shall conform to the definitions and common standards in this chapter. A public institution shall satisfy the general education requirement by:
    1. Requiring each program leading to the A.A. or A.S. degree to include not less than 28 and not more than 36 semester hours, and each baccalaureate degree program to include not less than 38 and not more than 46 semester hours of required core courses, with the core requiring, at a minimum, course work in each of the following five areas:
      1. Arts and humanities,
      2. Social and behavioral sciences,
      3. Biological and physical sciences,
      4. Mathematics, and
      5. English composition; or
    2. Conforming with COMAR 13B.02.02.16D(2)(b)-(c).
  2. Each core course used to satisfy the distribution requirements of §A (1) of this regulation shall carry at least 3 semester hours.
  3. General education programs of public institutions shall require at least:
    1. Two courses in arts and humanities;
    2. Two courses in social and behavioral sciences;
    3. Two science courses, at least one of which shall be a laboratory course;
    4. One course in mathematics, having performance expectations demonstrating a level of mathematical maturity beyond the Maryland College and Career Ready Standards in Mathematics (including problem-solving skills, and mathematical concepts and techniques that can be applied in the student’s program of study;
    5. One course in English composition, completed with a grade of C- or better.
  4. Public institutions may not include the courses in this section in a general education program unless they provide academic content and rigor equivalent to the areas in §A (1) of this regulation.
  5. In addition to the five required areas in §A of this regulation, a public institution may include up to 8 semester hours in course work outside the five areas.  These courses may be integrated into other general education courses or may be presented as separate courses.  Examples include, but are not limited to, Health, Diversity, and Computer Literacy. Public institutions may not include the courses in this section in a general education program unless they provide academic content and rigor equivalent to the areas in §A (1) of this regulation
  6. General education programs leading to the A.A.S. degree shall include at least 18 semester hours from the same course list designated by the sending institution for the A.A. and A.S. degrees. The A.A.S. degree shall include at least one 3-semester-hour course from each of the five areas listed in §(A)(1) of this regulation.
  7. A course in a discipline listed in more than one of the areas of general education may be applied only to one area of general education.
  8. A public institution may allow a speech communication or foreign language course to be part of the arts and humanities category.
  9. Composition and literature courses may be placed in the arts and humanities area if literature is included as part of the content of the course.
  10. Public institutions may not include physical education skills courses as part of the general education requirements.
  11. General education courses shall reflect current scholarship in the discipline and provide reference to theoretical frameworks and methods of inquiry appropriate to academic disciplines.
  12. Courses that are theoretical may include applications, but all applications courses shall include theoretical components if they are to be included as meeting general education requirements.
  13. Public institutions may incorporate knowledge and skills involving the use of quantitative data, effective writing, information retrieval, and information literacy when possible in the general education program.
  14. Notwithstanding §A(1) of this regulation, a public 4-year institution may require 48 semester hours of required core courses if courses upon which the institution’s curriculum is based carry 4 semester hours.
  15. Public institutions shall develop systems to ensure that courses approved for inclusion on the list of general education courses are designed and assessed to comply with the requirements of this chapter.

Transfer of General Education Credit

  1. A student transferring to one public institution from another public institution shall receive general education credit for work completed at the student’s sending institution as provided by this chapter.
  2. A completed general education program shall transfer without further review or approval by the receiving institution and without the need for a course-by-course match.
  3. Courses that are defined as general education by one institution shall transfer as general education even if the receiving institution does not have that specific course or has not designated that course as general education.
  4. A Maryland community college shall accept 28 - 36 credits of general education as specified in Regulation .03(C) as completion of the general education requirements at the community college, without further review or the need for a course-by-course match.

  5. The receiving institution shall give lower-division general education credits to a transferring student who has taken any part of the lower-division general education credits described in Regulation.03 of this chapter as a public institution for any general education courses successfully completed at the sending institution.
  6. Except as provided in Regulation.03M of this chapter, a receiving institution may not require a transfer student who has completed the requisite number of general education credits at any public college or university to take, as a condition of graduation, more than 10-16 additional semester hours of general education and specific courses required of all students at the receiving institution, with the total number not to exceed 46 semester hours. This provision does not relieve students of the obligation to complete specific academic program requirements or course pre-requisites required by a receiving institution.
  7. A sending institution shall designate on or with the student transcript those courses that have met its general education requirements, as well as indicate whether the student has completed the general education program.
  8. Assocaite Degrees:
    1. While there may be variance in the numbers of hours of general education required for associate’s degrees at a given institution, the courses identified as meeting general education requirements for all degrees shall come from the same general education course list and exclude technical or career courses.
    2. A student posessing an associate’s degree student who transfers into a receiving institution with fewer than the total number of general education credits designated by the receiving institution shall complete the difference in credits according to the distribution as designated by the receiving institution. Except as provided in Regulation.03M of this chapter, the total general education credits for baccalaureate degree-granting public receiving institutions may not exceed 46 semester hours.
  9. Student Responsibilities. A student is held:
    1. Accountable for the loss of credits that:
      1. Result from changes in the student’s selection of the major program of study,
      2. Were earned for remedial course work, or
      3. Exceed the total course credits accepted in transfer as allowed by this chapter; and
    2. Responsible for meeting all requirements of the academic program of the receiving institution.

Transfer of Nongeneral Education Program Credit

  1. Transfer to Another Public Institution:
    1. Credit earned at any public institution in the State is transferable to any other public institution if the:
      1. Credit is from a college or university parallel course or program;
      2. Grades in the block of courses transferred average 2.0 or higher; and
      3. Acceptance of the credit is consistent with the policies of the receiving institution governing native students following the same program.
    2. If a native student’s “D” grade in a specific course is acceptable in a program, then a “D” earned by a transfer student in the same course at a sending institution is also acceptable in the program. Conversely, if a native student is required to earn a grade of “C” or better in a required course, the transfer student shall also be required to earn a grade of “C” or better to meet the same requirement.
  2. Credit earned in or transferred from a community college is limited to:
    1. One half the baccalaureate degree program requirement, but may not be more than 70 semester hours; and
    2. The first 2 years of the undergraduate education experience.
  3. Nontraditional Credit:
    1. The assignment of credit for AP, CLEP, or other nationally recognized standardized examination scores presented by transfer students is determined according to the same standards that apply to native students in the receiving institution, and the assignment shall be consistent with the State minimum requirements.
    2. Transfer of credit from the following areas shall be consistent with COMAR 13B.02.02. and shall be evaluated by the receiving institution on a course-by-course basis:
      1. Technical courses from career programs;
      2. Course credit awarded through articulation agreements with other segments or agencies;
      3. Credit awarded for clinical practice or cooperative education experiences; and
      4. Credit awarded for life and work experiences.
    3. The basis for the awarding of the credit shall be indicated on the student’s transcript by the receiving institution.
    4. The receiving institution shall inform a transfer student of the procedures for validation of course work for which there is no clear equivalency. Examples of validation procedures include ACE recommendations, portfolio assessment, credit through challenge, examinations, and satisfactory completion of the next course in sequence in the academic area.
    5. The receiving baccalaureate degree-granting institution shall use validation procedures when a transferring student successfully completes a course at the lower division level that the receiving institution offers at the upper division level. The validated credits earned for the course shall be substituted for the upper division course.
  4. Program Articulation:
    1. Recommended transfer programs shall be developed through consultation between the sending and receiving institutions. A recommended transfer program represents an agreement between the two institutions that allows students aspiring to the baccalaureate degree to plan their programs. These programs constitute freshman/sophomore level course work to be taken at the community college in fulfillment of the receiving institution’s lower division course work requirement.
    2. Recommended transfer programs in effect at the time that this regulation takes effect, which conform to this chapter, may be retained.

Academic Success and General Well-Being of Transfer Students.

  1. Sending Institutions:
    1. Community colleges shall encourage their students to complete the associate degree or to complete 56 hours in a recommended transfer program, which includes both general education courses and courses applicable toward the program at the receiving institution.
    2. Community college students are encouraged to choose as early as possible the institution and program into which they expect to transfer.
    3. The sending institution shall:
      1. Provide to community college students information about the specific transferability of courses at 4-year colleges;
      2. Transmit information about transfer students who are capable of honors work or independent study to the receiving institution; and
      3. Promptly supply the receiving institution with all the required documents if the student has met all financial and other obligations of the sending institution for transfer.
  2. Receiving Institutions:
    1. Admission requirements and curriculum prerequisites shall be stated explicitly in institutional publications.
    2. A receiving institution shall admit transfer students from newly established public colleges that are functioning with the approval of the Maryland Higher Education Commission on the same basis as applicants from regionally accredited colleges.
    3. A receiving institution shall evaluate the transcript of a degree-seeking transfer student as expeditiously as possible, and notify the student of the results not later than mid-semester of the student’s first semester of enrollment at the receiving institution, if all official transcripts have been received at least 15 working days before mid-semester. The receiving institution shall inform a student of the courses that are acceptable for transfer credit and the courses that are applicable to the student’s intended program of study.
    4. A receiving institution shall give a transfer student the option of satisfying institutional graduation requirements that were in effect at the receiving institution at the time the student enrolled as a freshman at the sending institution. In the case of major requirements, a transfer student may satisfy the major requirements in effect at the time when the student was identifiable as pursuing the recommended transfer program at the sending institution. These conditions are applicable to a student who has been continuously enrolled at the sending institution.

Programmatic Currency

  1. A receiving institution shall provide to the community college current and accurate information on recommended transfer programs and the transferability status of courses. Community college students shall have access to this information.
  2. Recommended transfer programs shall be developed with each community college whenever new baccalaureate programs are approved by the degree-granting institution.
  3. When considering curricular changes, institutions shall notify each other of the proposed changes that might affect transfer students. An appropriate mechanism shall be created to ensure that both 2-year and 4-year public colleges provide input or comments to the institution proposing the change. Sufficient lead-time shall be provided to effect the change with minimum disruption. Transfer students are not required to repeat equivalent course work successfully completed at a community college.

Transfer Mediation Committee

  1. There is a Transfer Mediation Committee, appointed by the Secretary, which is representative of the public 4-year colleges and universities and the community colleges.
  2. Sending and receiving institutions that disagree on the transferability of general education courses as defined by this chapter shall submit their disagreements to the Transfer Mediation Committee. The Transfer Mediation Committee shall address general questions regarding existing or past courses only, not individual student cases, and shall also address questions raised by institutions about the acceptability of new general education courses. As appropriate, the Committee shall consult with faculty on curricular issues.
  3. The findings of the Transfer Mediation Committee are considered binding on both parties.

Appeal Process

  1. Notice of Denial of Transfer Credit by a Receiving Institution:
    1. Except as provided in §A(2) of this regulation, a receiving institution shall inform a transfer student in writing of the denial of transfer credit not later than mid-semester of the transfer student’s first semester, if all official transcripts have been received at least 15 working days before mid-semester.
    2. If transcripts are submitted after 15 working days before mid-semester of a student’s first semester, the receiving institution shall inform the student of credit denied within 20 working days of receipt of the official transcript.
    3. A receiving institution shall include in the notice of denial of transfer credit:
      1. A statement of the student’s right to appeal; and
      2. A notification that the appeal process is available in the institution’s catalog.
    4. The statement of the student’s right to appeal the denial shall include notice of the time limitations in §B of this regulation.
  2. A student believing that the receiving institution has denied the student transfer credits in violation of this chapter may initiate an appeal by contacting the receiving institution’s transfer coordinator or other responsible official of the receiving institution within 20 working days of receiving notice of the denial of credit.
  3. Response by Receiving Institution:
    1. A receiving institution shall:
      1. Establish expeditious and simplified procedures governing the appeal of a denial of transfer of credit; and
      2. Respond to a student’s appeal within 10 working days.
    2. An institution may either grant or deny an appeal. The institution’s reasons for denying the appeal shall be consistent with this chapter and conveyed to the student in written form.
    3. Unless a student appeals to the sending institution, the writing decision in §C(2) of this regulation constitutes the receiving institution’s final decision and is not subject to appeal.
  4. Appeal to Sending Institution:
    1. If a student has been denied transfer credit after an appeal to the receiving institution, the student may request the sending institution to intercede on the student’s behalf by contacting the transfer coordinator of the sending institution.
    2. A student shall make an appeal to the sending institution within 10 working days of having received the decision of the receiving institution.
  5. Consultation Between Sending and Receiving Institutions:
    1. Representatives of the two institutions shall have 15 working days to resolve the issues involved in an appeal.
    2. As a result of a consultation in this section, the receiving institution may affirm, modify, or reverse its earlier decision.
    3. The receiving institution shall inform a student in writing of the result of the consultation.
    4. The decision arising out of a consultation constitutes the final decision of the receiving institution and is not subject to appeal.

Periodic Review

  1. Report by Receiving Institution:
    1. A receiving institution shall report annually the progress of students who transfer from 2-year and 4-year institutions within the State to each community college and to the Secretary of the Maryland Higher Education Commission.
    2. An annual report shall include ongoing reports on the subsequent academic success of enrolled transfer students, including graduation rates, by major subject areas.
    3. A receiving institution shall include in the reports comparable information on the progress of native students.
  2. Transfer Coordinator. A public institution of higher education shall designate a transfer coordinator, who serves as a resource person to transfer students at either the sending or receiving campus. The transfer coordinator is responsible for overseeing the application of the policies and procedures outlined in this chapter and interpreting transfer policies to the individual student and to the institution.
  3. The Maryland Higher Education Commission shall establish a permanent Student Transfer Advisory Committee that meets regularly to review transfer issues and recommend policy changes as needed. The Student Transfer Advisory Committee shall address issues of interpretation and implementation of this chapter.

Grading Policy

Policy

Cecil College uses the letter grading system. At the end of each semester the student’s quality of work is graded by the instructor. Grades are indicated by letters, and a four-point system is used. The following interpretation is placed upon the grading system:

Grade

Interpretation

Grade Points

A

Excellent

4

B

Good

3

C

Average

2

Passing

1

F

Failure

0

FX

Failure/Never attended

0

I

Incomplete

0

W

Withdrawn

0

K

Audit

0

S

Satisfactory

0

U

Unsatisfactory

0

M

Post-Deadline withdrawal

0

V

Waiver of Prior Failing Grades

0

NG

No Grade

0

 

¹Not acceptable for certain programs as a satisfactory grade. Also requires retaking if the course is a prerequisite for other courses. Upon re-enrolling in the course, the student must pay full course tuition.

 

Graduation Requirement Policy

POLICY:

Cecil College’s graduation requirements for an associate’s degree and certificate either meet or exceed the minimum requirements outlined in Title 13B of the Code of Maryland Regulations.

PROCEDURE:

Academic Senate and the Academic Affairs Committee will review and provide feedback on this procedure every three years or as needed.

Students are eligible to receive an associate’s degree if they have completed a minimum of 60 college credits and have met the following requirements:

  1. Complete all course requirements in a given program. An associate degree requires the completion of a minimum of 60 credit hours in college-level courses of which a maximum of 15 credits may be earned by credit by exam and portfolio. All evidence of completed course requirements must be recorded in the Registrar’s office prior to conferral of the degree.
  2. Earn a minimum of a 2.0 cumulative grade point average in college-level courses (some programs may require a higher cumulative grade point average).
  3. Earn at least 30 credits in a program of study at Cecil College or complete the last 15 credits of a curriculum at Cecil College.
    • NOTE: Students enrolled under a college/military agreement may complete their final 15 credits in any order or time sequence.
  4. Complete the required General Education requirements.
  5. Complete the ETS Proficiency Profile or other designated General Education Assessment test(s).
  6. Meet the financial and academic obligations of the College.
  7. Submit an Application for Graduation to the Registrar’s office by the published deadline.
  8. Complete the degree program requirements as outlined in the College catalog within five years of the intended date of graduation as noted on the Application for Graduation.

Students are eligible to receive a certificate if they have met the following requirements:

  1. Complete the courses listed in the certificate program. All evidence of completed course requirements must be recorded in the Registrar’s office prior to conferral of the certificate.
  2. Earn a minimum a 2.0 cumulative grade point average in college-level courses.
  3. Complete a minimum of 50 percent of the required credits in the certificate program at Cecil College.
  4. Meet financial and academic obligations to the College.
  5. Complete the certificate program requirements as outlined in the College catalog within five years of the intended date of graduation as noted on the Application for Graduation.
  6. Submit an Application for Graduation to the Registrar’s office by the published deadline.

Note:

  • Courses numbered up to and including 100 may not be used to satisfy graduation requirements.
  • Exceptions to the procedures may be granted by the Chief Academic Officer.

Non-Discrimination and Harassment Policy

Policy

Cecil College strives to create and maintain a work environment where people are treated with dignity, decency and respect. Cecil College will not tolerate discrimination or harassment of any kind. All employees, regardless of their positions, are covered by and are expected to comply with this policy, and to take appropriate measures to ensure that prohibited conduct does not occur.

Procedure

This policy will be enforced in accordance with applicable federal, state and local laws.

Non-discrimination and Equal Employment Opportunity

Cecil College prohibits discrimination against any member of the College community or any applicant for employment based on race, color, national origin, ancestry, age, religion, disability, sex, sexual orientation, gender identity and expression, genetic status, genetic information, veteran status or any other status protected by federal, state or local law.
 
The College is committed to ensuring equal employment opportunity and non- discrimination in all of its hiring and employment practices. This policy applies to all terms, conditions and privileges of employment, including but not limited to, hiring, promotion, compensation, training, appointments for advancement, leave, transfer, demotion, layoffs and recalls. Applicants and employees will not be discriminated against on the basis of race, color, national origin, ancestry, age, religion, disability, sex, sexual orientation, gender identity and expression, genetic status, genetic information, veteran status or any other status protected by federal, state or local law.

Americans with Disabilities Act

It is Cecil College’s policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy, Cecil College will provide reasonable accommodations to a qualified individual with a disability who has made the College aware of their disability, provided that such accommodation does not constitute an undue hardship. An employee seeking to request a reasonable accommodation for a disability should contact the College’s Human Resources office.

Harassment

Cecil College prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce another.

Reasonable Accommodations For Disabilities Due to Pregnancy

The College will provide reasonable accommodations that do not create an undue hardship for an employee’s known disability caused or contributed to by pregnancy. Employees requesting such accommodations must provide medical certification to the Human Resources department. Accommodations may include changing the employee’s job duties; changing the employee’s work hours; relocating the employee’s work area; providing the employee with mechanical or electrical aids; transferring the employee to a less strenuous or less hazardous position; or providing the employee with leave. For any questions or concerns, please contact Human Resources.

Harassment

Cecil College prohibits harassment of any kind, including sexual  harassment and  sexual violence, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy

Sexual Harassment

Unwelcome sexual advances, direct or indirect demands for sexual favors, sexual comments, gestures or physical conduct of a sexual nature toward another individual of the same or opposite sex will be considered sexual harassment when:

  • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • Submission or rejection of such conduct  by an  employee is used  as the basis  for   an employment decision; or
  • Conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive work environment.

Conduct constituting sexual harassment includes but is not limited to unwelcome verbal, physical or visual conduct of a sexual nature; kidding, teasing or jokes of a sexual nature; repeated offensive  activities; physical conduct such as touching, patting, pinching, sexual gestures, or brushing against another person’s body; or unwelcome display of objects or pictures which are sexual in nature and which create an offensive work environment.

Sexual harassment does not refer to occasional compliments of socially acceptable nature or welcome social relationships. Courteous, respectful, non-coercive interactions between employees that are acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment.

Anyone who believes that they has been sexually harassed should unequivocally direct the harasser to stop the behavior as well as immediately notify his/her supervisor, department director and/or Human Resources. You never have to report the harassment to the person whom you believe is harassing you.

Hostile Work Environment Harassment

Hostile work environment harassment is unwelcome conduct, based on an individual’s race, sex, age, religion, color, national origin, ancestry, sexual orientation, gender identity and expression, genetic status, genetic information, disability, veteran status, or any other legally protected characteristic that is so severe, pervasive or persistent that it unreasonably interferes with an individual’s job performance or creates an intimidating, hostile, or offensive working environment.

Sexual Violence

A. Sexual Violence Includes

  1. Sexual Assault is any type of sexual contact or behavior that occurs without the consent of the recipient. Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse as defined below may be considered Sexual Assault within the meaning of this Policy.
  2. Non-Consensual Sexual Contact is any intentional sexual touching, however slight and with any object or body part, or exposure or disrobing of another, that is without consent (as defined below) and/or by force or coercion. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
  3. Non-Consensual Sexual Intercourse is any sexual penetration or copulation, however slight and with any object or body part that is without consent and/or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
  4. Sexual Exploitation means taking non-consensual or abusive sexual advantage of an individual to benefit anyone other than the person being exploited. Examples include: invading privacy, video or audio recording of sexual acts without consent, knowingly transmitting a Sexually Transmitted Infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
  5. Sexual Intimidation means (1) threatening to sexually assault another person; (2) gender or sex-based Stalking, including cyber-Stalking; or (3) engaging in indecent exposure.
  6. Dating Violence means violence or threat of violence between individuals in a personal and private social relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
  7. Domestic Violence means violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person cohabitating with or has cohabitated with the individual as a spouse or intimate partner, by a person similarly situated to a spouse, or by any other person similarly situated to a spouse or any other person against an adult or youth protected from those acts by domestic or family violence laws of Maryland. Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
  8. Stalking means the repetitive and/or menacing pursuit, following, harassment, or other interference with the peace and/or safety of another person or that of his or her immediate family members; including cyber-stalking.

B. Consent

Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must meet all of the following standards:

  • Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent.
  • Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that they does not want to engage in the behavior.
  • Provided knowingly. Legally valid consent to sexual activity cannot be given by:
    • A person under the legal age to consent in Maryland or
    • An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot make rational, reasonable decisions because the individual lacks the capacity to understand the “who, what, when, where, why, or how” of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.
  • Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. Consent must be present throughout the entire sexual activity or behavior and may be withdrawn at any time. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.

Retaliation

Cecil College prohibits any form of retaliation. Retaliation against an individual who opposes or objects to discrimination or harassment, files a complaint, or testifies or participates in an investigation of a claim of discrimination or harassment, is prohibited. Acts of retaliation should be reported immediately. Cecil College prohibits retaliation against an individual for making a report of discrimination or harassment in good faith under this policy or for participating in an investigation into a complaint under this policy. All complaints will be handled with sensitivity and confidentiality to the maximum extent possible. Any person who is found to have engaged in conduct constituting retaliation in any form against another individual will be subject to discipline, up to and including termination of employment.

Procedure for Reporting Discrimination, Harassment and Retaliation

Cecil College has established the following procedure for filing and investigation of a complaint of harassment (including sexual harassment and sexual violence), discrimination or retaliation.

Any individual who believes that they have been discriminated, harassed, or retaliated against in any form in connection with his/her employment at Cecil College should bring the matter to the immediate attention of Cecil College’s Director of Human Resources. If a supervisor becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an employee coming forward, the supervisor must immediately report it to Human Resources. All reports will be kept as confidential as possible, while recognizing that disclosure may be necessary for the purpose of investigation and/or discipline.

An individual who feels harassed, discriminated or retaliated against may initiate the complaint process by filing a complaint in writing with Cecil College’s Director of Human Resources. The sooner the individual brings the concern to the College’s attention, the sooner the College can take action.

Upon receipt of a complaint, Human Resources will review the complaint and an investigation of the complaint will be initiated within five (5) business days. The College will appoint an investigator(s) to conduct an investigation of the complaint, and written notice will be provided to both parties.

As part of the investigatory process, the investigator will interview the complainant, the respondent, and any witnesses deemed to have relevant information to the investigation to determine whether there has been a violation of policy. The involved parties will have an equal opportunity to be heard, to submit information and corroborating evidence, and to identify witnesses who may have relevant information. The investigator will notify and seek to meet separately with the complainant, the respondent, and third-party witnesses determined to have information relevant to the investigation, and will gather relevant evidence and information

Within fifteen (15) business days of the conclusion of interviews and information gathering, the investigator will complete a written report of his or her findings and provide the report to a designated College Administrator to review the investigation. This time period may be extended by the College as appropriate. If it is determined that a violation of College policy has occurred, the College will recommend appropriate disciplinary action.

If it is determined that there is insufficient evidence to support a violation of policy, but potentially problematic conduct may have occurred, appropriate preventive action may be recommended. The College will meet with the complainant  and  the  respondent separately and notify them in writing of the findings of the investigation.

Appeals Process

An appeal may be filed by either party to a complaint for only the following reasons: (i) a procedural error that significantly affected the outcome of the investigation; and (ii) to consider new evidence, unknown or unavailable during the investigation, that could substantially impact the original finding. No other basis for appeal is permitted.
 
An appeal must be submitted in writing to the Director of Human Resources, within five (5) business days following notice of findings and discipline, if applicable. If a request for appeal is not received within that time, the findings and any discipline will stand. The appeal must contain a detailed written statement specifying the precise grounds for appeal with supporting facts. The appeal must be signed by the employee filing the appeal, or sent using the employee’s College issued email account.
 
A College Administrator will review the investigative file and report and make a final determination regarding findings and any discipline. The decision and discipline determined by the College Administrator will be final. No other grievance processes otherwise available to employees may be used to further appeal the decision.
 

Standard of Review

The preponderance-of-the-evidence (i.e., more likely than not) standard will be applied as the standard of review for determining findings of fact in any investigation pursuant to this policy.
 

Employee Assistance Program

The Employee Assistance Program (EAP) serves as a resource for counseling services  to College employees. Individuals wishing to discuss an incident confidentially or seeking information and advice of a personal nature are encouraged to contact the EAP, to understand to what extent information shared may be kept confidential. The role of the EAP in such cases will be limited to personal counseling and treatment for the person who is then an EAP client. Contacting the EAP will not qualify as notification to Cecil College of a complaint for harassment or discrimination. Employees must follow the complaint process described in this policy.

 

Additional Information For Incidents of Sex Or Gender Based Discrimination, Sexual Harassment, And Sexual Violence

Preservation of Evidence

The College encourages everyone to seek immediate assistance from campus safety or a local law enforcement agency for an incident of prohibited conduct. Seeking prompt assistance may be important to ensure physical safety, to obtain medical care, or for other support. It may also be necessary to preserve evidence, which can assist the College and/or law enforcement in responding. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this College policy, criminal investigations or reports are not determinative of whether a violation of College policy has occurred.

Employee Reporting Obligations

All faculty and staff are mandatory reporters and required to immediately report the known details of an incident of sex or gender-based discrimination, sexual harassment or sexual violence (date, time, location, names of parties involved, description of the incident) to the Title IX Coordinator and other need-to-know College officials. Any faculty or staff who is found to have knowingly failed to make a report to the Title IX Coordinator regarding a known instance in violation of this policy may be subject to disciplinary action.

All members of the College community are strongly encouraged to bring forward any information received about an incident of prohibited conduct to the Title IX Coordinator.

Requests For Confidentiality or No College Action

A complainant may request that their identity not be disclosed to anyone else, including the respondent to the complaint, or that the College not investigate or take action. Such a request may limit the College’s ability to respond to prohibited conduct. Where a request is made, the College will consider the request and weigh it against the College’s responsibility to provide a safe and non-discriminatory environment for all College community members, to decide whether the request can be honored. The complainant will be notified of the College’s decision.

Obtaining Medical Attention

Complainants will receive full and prompt cooperation from College personnel in obtaining appropriate medical attention, including transporting the victim to Union Hospital in Elkton, MD, the nearest designated hospital. Union Hospital Forensic Nurse Examiners are specially trained and licensed by the Maryland Board of Nursing to provide comprehensive care to victims of sexual assault, domestic violence, child and elder abuse. The College will provide access to counseling to a complainant through the Cecil County Domestic Violence and Rape Crisis Center and law enforcement victim services entities.

Notification To Law Enforcement

A complainant has the right to file criminal charges with law enforcement. At the request of the complainant, campus authorities will provide prompt assistance to notify appropriate law enforcement officials and disciplinary authorities of an incident of prohibited conduct.

Interim Measures

Interim Measures are temporary actions taken by the College, which may be applied to any of the involved parties or College community members, as appropriate, to ensure their own safety and well-being, as well as the campus community. Interim measures may be requested by either party, or the College may initiate the interim measures in the absence of a request, at any time, during the process. Interim measures are taken based on the information available at the time, and may be withdrawn or amended as additional information is discovered.

The College wants its employees to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their work opportunities. The College will determine which measures are appropriate on a case-by-case basis. If an interim measure that is not already provided by the College is requested, the College will consider whether the request can be granted.

Interim measures may include, but are not limited to, those listed below. The College will determine which measures are appropriate to ensure safety and equal access to educational programs and activities:

  • Assistance in arranging for alternative College work schedules
  • A “No contact” directive pending the outcome of an investigation. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another
  • Providing an escort to ensure that the employee can move safely around campus
  • Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services

The College will work with involved parties to identify what interim measures are appropriate in the short term (e.g., during the pendency of an investigation or other College response), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the party safe.

Prevention and Awareness Education

The College will develop and implement preventive education directed toward both employees and students. The College will also develop ongoing prevention and awareness campaigns for its students and employees related to Title IX.

Training Related to Implementation of Policy

Cecil College faculty and staff will receive training on how to report incidents of prohibited conduct as well as how to effectively support involved parties. In addition, Public Safety personnel, the Title IX Coordinator, campus investigators, campus security authorities and participants in the adjudication process will participate in appropriate training to assist them in meeting their responsibilities.

Clery Act Compliance

The College will comply with Clery Act requirements, including crime recording and reporting requirements.

Oversight

Title IX Coordinator

The President will appoint a Title IX Coordinator responsible for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX.

The Title IX Coordinator will have adequate training on the requirements of Title IX, including what constitutes sexual misconduct, consent, credibility assessments, and counter- intuitive behaviors resulting from sexual misconduct. The Title IX Coordinator will understand how relevant College procedures operate and will receive notice of all reports raising Title IX issues at the College.

Title IX Team

The President or the Title IX Coordinator will identify a Title IX Team, which may include the Title IX Coordinator, Deputy Title IX Coordinators, Title IX investigators, and representatives from campus security and the Human Resources Department. The Title IX Coordinator will be responsible for coordinating the activities of the Title IX Team.

Off-Campus Resources Contacts

  • Union Hospital of Cecil County 
  • 106 Bow St.
  • Elkton, MD 21921
  • 410-398-4000

 

  • Cecil County Domestic Violence Rape Crisis Center
  • Elkton, Maryland
  • Hotline- 410-996-0333
  • Phone- 410-996-0333

Inquiries

Inquiries concerning the College’s Notice of Non-Discrimination and application of Title IX may be referred to the College’s Title IX coordinator or to the U.S. Department of Education’s Office for Civil Rights.

Title IX Coordinator Contact

Dr. Kimberly Joyce, Vice President of Student Services and Enrollment Manager, Title IX Coordinator

Phone: 410-287-1022

Email: kjoyce@cecil.edu

Consensual Romantic Relationships

Romantic or sexual relationships where one employee has influence or control over the other’s conditions of employment are inappropriate. Such relationships, even if consensual, tend to create conflicts of interest or the appearance of such conflicts, undermining the spirit of trust and mutual respect that is essential to a healthy work environment. If such a relationship exists or develops:

  • The supervisor or employee who has influence or control over the other’s conditions   of employment has an obligation to disclose his/her relationship to the department  head or next level of administrator.
  • The other employee involved in the relationship is encouraged to disclose the relationship to either the next level of administrator or Human Resources.

If a relationship is deemed to be inappropriate under these guidelines, the department head or next level of administrator,  after  consultation  with  Human  Resources  will  take appropriate action, taking into consideration what actions will be least disruptive to the College as a whole. Actions  taken may include, but are not limited to, an agreed upon transfer, a change in shift, a change in reporting structure, or discharge.

If an employee, whether or not involved in the relationship, believes they have been, or are being, adversely affected, they are encouraged to contact Human Resources.

When relationships develop into situations that may be viewed as harassment or discrimination, employees should follow the appropriate complaint reporting procedure.

Priority Registration for Eligible Service Members Policy

Policy:

In accordance with the Code of Maryland Article - Education §15-124: Priority course registration for eligible service member.

Eligible service member means:

  1. A currently serving member of any branch of the armed forces of the United States, including the National Guard and the military reserves; and
  2. A veteran of any branch of the armed forces of the United States, including the National Guard and the military reserves, who has received an honorable discharge or a certificate of satisfactory completion of military service.

Cecil College grants priority course registration to currently serving service members, and veterans of the armed forces of the United States.

This policy applies only within 15 years after the eligible service member was last on active duty; and does not apply after an eligible service member’s fourth academic year.

Procedure:

Eligible students may meet with an Academic Advisor for enrollment purposes beginning three days prior to general registration.

Prohibition of Weapons Policy

I. POLICY

Cecil College employees, students, visitors and guests are not permitted to possess, or transport weapons of any kind onto the College campus or other facilities owned or leased by the College. Weapons include, but are not limited to, rifles, shotguns, handguns, ghost guns (guns that do not have a serial number), pellet or BB guns, stun guns, dangerous knives as defined in Maryland statute § 4-101, Billy club, makeshift weapons, martial arts weapons, ammunition and explosives or any other lethal or dangerous device capable of casting a projectile by air, gas, explosion or mechanical means on any property or in any building owned or operated by the college or in any vehicle on campus.

Possessing a firearm (unless a government or College Special Police officer authorized and required to carry a firearm), is prohibited. College Special Police Officers must possess a valid state of Maryland handgun permit with authorization to be armed on campus, or not have any Maryland state restrictions.

The Director of Public Safety or his designee, upon observation or a report, may confiscate any weapons brought to any Cecil College locations. The weapon will be turned in to the Maryland State Police.

The College recognizes that occasionally there are legitimate academic reasons/requests for weapons on campus. Any requests for exceptions related to academic purposes should be directed to the Vice President, Academic Programs who will coordinate with the Vice President of Finance and Administrative.

II. PROCEDURE

There may be other items not cited above that the Director of Public Safety or other College officials deem to be unsafe and are thereby prohibited on campus and in College facilities. The only exception is a weapon in the possession of a person authorized by a governmental organization, and who has registered both his/her presence and weapon with Cecil College Public Safety.

The College considers violations of this policy to be a serious offense which could result in termination, including one’s failure to report information regarding the possession of any weapon on campus. Likewise, any student who violates this policy or fails to report information regarding the possession of weapons on campus, will fall under the Student Code of Conduct Policy which could result in dismissal or expulsion.

Exceptions for academic purposes must be requested in writing through the Vice President of Academic Programs. All requests shall be reviewed by the Vice President of Finance and Administration in consultation with the Director of Public Safety.

Refund and Appeal Policy

Refer to the Refund and Appeal Process  .

Religious Accommodations for Students

Policy:

Cecil College is committed to providing reasonable accommodations for the religious and spiritual identities of its students so they do not experience adverse academic consequences based upon a student’s sincerely held religious or spiritual beliefs or observances that conflict with academic requirements.

Procedure:

The Academic Senate and Academic Affairs Committee will review and provide feedback on this policy and procedure every three years or as needed.

  1. A student may be absent, including excused absences, for a student to observe faith-based or religious holidays or participate in organized religious activities.
  2. Students are required to notify faculty at least one week in advance of absences or missed academic deadlines related to the observation of a faith-based or religious holidays or participation in organized religious activities, unless there is an unexpected occurrence.
  3. In consultation with the relevant Dean when appropriate, faculty shall provide a student with reasonable alternative accommodations for missing an examination or other academic requirements due to an excused absence for a student’s faith-based or religious beliefs;.
  4. Students who need to report noncompliance with the policy, should refer to the Student Grievance Policy on how to address concerns related to reasonable accommodations.
  5. Students receiving accommodations under this policy are still required to meet course objectives in a timely manner as determined by the course syllabus and college policies

Repeat Course Policy

Policy:

Students may attempt any course twice. Students are considered to be attempting a course if they are enrolled, for credit, after the end of the drop/add period. After two nonpassing course attempts, a petition to retake a course [see below] must be submitted by the student and approved by the appropriate Academic Dean in order for the student to register for the course. Exceptions to this policy are automatically granted when the course description allows or if the last prior attempt was more than five years ago. This policy does not supersede specific program or course progression policies.

Procedure:

Students who wish to register for a course beyond two attempts must do the following:

If they passed the course previously, they must complete a petition to retake a course [see below] and submit it to the appropriate Academic Dean.

If they failed the course previously, they must:

  • Meet with their Academic Advisor and/or Faculty Advisor to discuss whether a repeat of this course is in their best interest.
  • If it is determined that another attempt is the best course of action, then the student must submit a petition to retake a course [see below] to the appropriate Academic Dean. This petition will include a rationale for the request, as well as a written plan for success.

Petition to Retake a Course after Two Attempts  

Residency and Tuition Policy

Refer to the Residency and Tuition Policy .

Responsible Use of Information Technology Resources

Policy

It is the policy of Cecil College (hereafter “College”) that all persons who are permitted to use the College’s information technology resources (including computing systems, software, internal and external data networks, information and communication systems) comply with all applicable laws, contractual agreements, licenses, and copyright provisions, and observe the highest standard of ethics in their use of those resources. The College offers users of its information technology resources no assurance of privacy or confidentiality, and reserves the right to access, monitor and inspect all information technology systems to ensure that all College information technology resources are used in a lawful manner and in compliance with this policy.

Procedure

I. Introduction

Cecil College provides information technology resources to facilitate the educational process and to further the administrative efforts in support of research and instruction for faculty, staff and students of Cecil College.  Information technology resources include computing systems, hardware and software, as well as internal and external data networks.  For purposes of this policy, a “user” is any individual who uses, logs in, attempts to use, or attempts to log into a system, whether by direct connection or across one or more networks, or who attempts to connect to or traverse a network, whether via hardware, software, or both. The use of said resources must be consistent with the mission statement of the College and with facilitating the exchange of knowledge and information, while encouraging resource sharing and collaborative projects in education and research.

The Responsible Use of Information Technology Policy for Cecil College contains the governing philosophy for regulating faculty, staff, student, and other permitted users of the College’s information technology resources. It spells out the general principles regarding the appropriate use of information technology equipment, hardware, software, and networks.  All users of College information technology resources are also bound by local, state, and federal laws relating to copyright, information security, and electronic media.  All Cecil College faculty and staff are responsible for acting in accordance with this policy, and through their leadership and example, ensuring full compliance of this policy throughout the College community.  The Division of Information Technology, the Vice President of Student Services and Enrollment Management (“Student Services”) and the Executive Director of Human Resources (HR) are tasked with disseminating this policy to all users and enforcing all policy provisions.

Access to the College’s information technology resources is a privilege granted to the College’s faculty, staff, and students, which may be enhanced, limited, restricted or withdrawn by the College at any time.  Individuals other than College faculty, staff, and students may be permitted access to College information technology resources, provided such access does not interfere with the computing and/or network resource needs of the College community, and that the users comply with all College policies (including this policy), and all applicable licenses, contractual agreements, federal, state, and local laws.  Access by such permitted users is solely within the discretion of the College, and may be granted, limited, restricted or withdrawn by the College at any time.

College information technology resources are provided for the educational, research, administrative and employment-related purposes of the College community.  College information technology resources may not be used for the transmission or storage of commercial or personal advertisements or solicitations, phishing/SPAM, destructive programs (viruses and/or self-replicating codes), abusive, harassing, slanderous, libelous, obscene, offensive, profane, pornographic, threatening, or sexually explicit material, or for any other unauthorized use. This policy applies equally to all College-owned or College-leased equipment.  Limited personal use of the College’s information technology resources is permitted, provided that such use does not interfere with or disrupt College business and complies with all other requirements of this policy.

Users of College information technology resources must guard against abuses that disrupt or threaten the viability of any system, including those at the College and those on networks accessed by the College’s external network communications. Access to information technology resources without proper authorization from the data owner or without College approval, unauthorized use of College facilities, and intentional corruption or misuse of all technology information resources are direct violations of the College’s standards for conduct.

To ensure that College information technology resources are used in compliance with this policy, and in a lawful manner, Cecil College reserves the right, but not the duty, to inspect and review all systems and their use, without notice, including the right to enter the e-mail system at any time to review, copy or delete any stored messages or information.  Faculty, staff, students, or other permitted users should not have any expectation of privacy in anything they create, send, or receive using the College information technology resources.  As a condition of using the College’s information technology resources, including e-mail, faculty, staff, students and other permitted users consent to allow the College’s Information Technology staff to inspect, review and copy e-mail messages and other electronic communications, contained in storage, with the permission of the Chief Information Officer or Vice President of Student Services.

II. Terms and Conditions for Use of Cecil College Information Technology Resources

  1. Information technology users shall not interfere with or disrupt information technology systems or resources. Disruption includes, but is not limited to, distribution of unsolicited advertising, creation and/or propagation of computer worms or viruses, transmission of slanderous and/or harassing materials, distribution or storage of chain letters, and using College facilities to gain unauthorized entry to any other system, whether internal or external to the College network.
  2. Users must respect the usage privileges of others, both on the College campus and at all sites accessible by the College’s external network communications.  It is prohibited to divulge the College’s password of any member of the College community. 
  3. Users shall not intentionally copy or modify files, electronic mail or other data, or passwords belonging to other users (whether maintained on College information technology systems or on networks accessed by the College’s external network communications) or develop or retain programs for that purpose, without the authorization of the Chief Information Officer. 
  4. Users shall not attempt to install, alter, or damage either the hardware or the software components of a College computing system or network, without proper authorization from the Chief Information Officer.
  5. Users shall not use any College information technology resources for any purpose prohibited by law.
  6. Users shall report any incident of harassment, and the receipt, viewing, display or copying of any inappropriate or offensive e-mail, to the Chief Information Officer or the Vice President of Student Services. All such reports or complaints will be thoroughly investigated.
  7. All software found on College systems is licensed by the College and as such may not be copied for personal use, transferred to non-College equipment or modified in anyway.  Users will comply with all licenses and copyright laws with respect to computer software.
  8. Unauthorized users shall not access any College administrative information systems that are confidential, without prior permission.  This prohibition exists even if the software system does not automatically preclude access to this information.
  9. College does not guarantee the accuracy and quality of the information obtained through use of College information technology resources.  No warranties for information technology resources are expressed or implied.  College will not be responsible for any information that may be lost, damaged, or unavailable due to technical or other difficulties.
  10. Users not accessing the College’s information technology systems for six consecutive months will be considered inactive and may be removed from the system, and their passwords deactivated, unless the Chief Information Technology Officer is informed that users are on extended leave or have other acceptable reason for non-usage.

III. Implementation

Cecil College’s Chief Information Officer and IT staff are responsible for the implementation of this policy.  Faculty, staff, students, and any other permitted users of the College’s information technology resources are responsible for following all the requirements contained in this policy.

IV. Enforcement

Alleged violators of this policy shall be subject to the procedures outlined in the applicable Cecil College policy, the College Catalog (Student Code of Conduct), and the Student Handbook. Cecil College treats violations of its information technology policy seriously and reserves the right to pursue criminal and civil prosecution of violators.

V. Guidelines for Creation and Maintenance of cecil.edu pages 

  1. All “cecil.edu” pages created for departments or organizations within Cecil College and placed on the College web server are considered official representations of the college and thus must be in compliance with the stated mission and standards for the College, as found in the Cecil College Faculty Handbook, College Catalog (Student Misconduct Policy), and Student Handbook.
  2. All pages for students/student organizations must be approved by the organization’s faculty or staff advisor and the Vice President of Student Services or designee prior to publications on cecil.edu.
  3. All departmental pages must be approved by the appropriate Vice President or designee.
  4. Cecil College reserves the right to revise or remove pages from the College web servers at any time.

VI. Disciplinary and Appeal Procedures

Disciplinary Procedures for Students:

  1. Students who are charged with a violation of this policy will be referred to the Director of Student Life of Student Services or designee for possible disciplinary action. 
  2. Students who are found to have violated this policy may have their information technology resource privileges suspended or revoked, and/or be subjected to other disciplinary or legal action, depending on the seriousness or frequency of the violation.  Additionally, the Vice President or designee may refer the student for appropriate counseling in the proper use of information technology resources.  Serious violations could result in dismissal from the College and/or criminal prosecution.
  3. Based on the principles of standard classroom management, faculty reserve the right to dismiss any student (temporarily pending a disciplinary hearing) from a class if the student’s use of information technology resources in that class is not consistent with the academic objectives of the course.
  4. Students appeals of any finding of an information technology violation will be adjudicated as detailed in the Student Code of Conduct.  This process is described in detail in the College Catalog.

Disciplinary Procedures for Faculty/Staff:

  1. Faculty or Staff who are charged with violation of this computer policy will be also referred to the appropriate Vice President, Dean, or Administrator who will contact Human Resources for possible disciplinary action. 
  2. Faculty or Staff who have violated this policy may have their information technology resource privileges suspended or revoked, and/or be subjected to other disciplinary or legal action, depending on the seriousness or frequency of the violation.  Additionally, the College may refer the faculty or staff member for appropriate counseling in the proper use of information technology resources.  Serious violations could result in discharge from employment and/or criminal prosecution.
  3. Faculty and Staff may appeal any finding of an information technology violation through the applicable College grievance procedures, if any such procedure applies to the employee, as detailed in the College Faculty Handbook or applicable College policy. If no grievance procedure applies, any determination below the level of President may be appealed to the President, but a decision by the President will be considered final.

 

Student Code of Conduct

I. RATIONALE

These Student Code of Conduct Procedures are designed to protect the college community through the imposition of discipline within the college setting. Reasonable efforts will be made to foster the personal and social development of students who have been found responsible for violations of college policies or regulations.

II. INHERENT AUTHORITY

The College reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Vice President for Student Services and Enrollment Management, has authority for all matters related to student discipline at the College. The Director of Student Life is the Vice President for Student Services and Enrollment Management’s primary designee in all matters related to student discipline and this code. A substitute designee may be appointed in appropriate circumstances.

III. INTERPRETATION OF PROCEDURES

Disciplinary procedures are written to provide students with notice of prohibited conduct. However, this code should be interpreted broadly and does not contain an exhaustive list of prohibited conduct. The Director of Student Life is responsible for interpreting and answering questions related to this code. To the extent this policy conflicts with the College’s Sexual Misconduct policy, the Sexual Misconduct policy governs.

IV. STANDARDS OF DUE PROCESS

Students subject to disciplinary action will be entitled to an administrative conference as set forth in section XIII. The focus of inquiry in disciplinary proceedings is to determine the level of involvement and culpability of those accused of engaging in prohibited conduct. Deviations from prescribed procedures do not invalidate a decision or proceeding, unless significant prejudice to a respondent or the College is established. The College has discretion to modify these procedures.

V. VIOLATIONS OF LAW

Students may be accountable under civil and criminal law - as well as to the College - for conduct that violates federal, state, and/or local laws. Ordinarily, disciplinary action at the College will advance while external proceedings are pending. Results of external proceedings do not control proceedings under this code.

VI. JURISDICTION

This code covers prohibited conduct that occurs: (a) on college-owned, leased, or operated property; (b) at college-sponsored activities, whether on- or off- campus; and (c) while a student is conducting business on behalf of the College. Where the College’s interest is implicated, the Director of Student Life, or designee, will determine whether such conduct should be addressed pursuant to this code.

VII. TERMS AND DEFINITIONS

  1. Administrative conference: Meeting(s) between the Director of Student Life, or designee, and a student, or a representative of a student club/organization, accused of conduct prohibited under section IX.
  2. Advisor: An individual designated by a student or student club/organization charged with prohibited conduct (a “respondent”) to assist the student or student club/organization with the disciplinary process. The advisor may confer with the respondent before or during disciplinary proceedings, but may not speak on the respondent’s behalf before or during the disciplinary proceeding, and may not delay or disrupt the proceeding.
  3. Business day: Monday through Friday during administrative office hours of 8:00 a.m. to 4:30 p.m. unless the College is closed.
  4. College: Cecil College.
  5. College property: All real or personal property, electronics, land, buildings, or facilities that are owned, leased, used or operated by the College.
  6. College official: Any person employed by the College, performing assigned administrative or professional responsibilities.
  7. College-sponsored activity: Any activity on- or off- campus which is initiated, aided, authorized, or supervised by the College.
  8. Complainant: A person who submits a report alleging that a student committed prohibited conduct.
  9. May: Used in the permissive sense.
  10. Academic community: Any person who is a student or employee of the College, or a visitor on college property.
  11. Preponderance of the evidence: It is “more probable than not” that the prohibited conduct occurred.
  12. Policies: Includes all written board of trustees and college policies, procedures, rules and/or regulations.
  13. Respondent: A student or recognized student club/organization accused of conduct prohibited by this code.
  14. Student: An individual who is registered for any credit, noncredit, or continuing education course offered by the College for the current or a future term.
  15. Student club/organization: A group that has completed the process to be an official, recognized club/organization through the Student Life Office.

VIII. PROHIBITED CONDUCT

  1. Knowingly or recklessly causing harm or threatening to cause harm to any person.
  2. Sexual misconduct or sexual harassment, including any sexual act or sexual contact, without consent (i.e., intercourse, oral sex, unwanted touching of an intimate part of another person, or an attempt of any of the above). For purposes of this policy, consent means an affirmative indication of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent cannot be obtained through the use of force, threat, or intimidation. Consent cannot be given by someone who is intoxicated and/or incapacitated by drugs or alcohol or for any other reason so as to be unable to effectively communicate an unwillingness to consent or understand the nature of the conduct being engaged in. Silence does not necessarily constitute consent. Each case will be judged on its particular facts. Alleged conduct that is subject to review under the College’s Sexual Discrimination and Harassment Policy will be reviewed under that policy.
  3. Harassment or intimidation such as physical or psychological harassment or abuse of any member of the college community or of any guest. Harassment is behavior that either is intended to, or actually does, inflict harm or emotional distress or provoke a violent reaction. Harassment may include use of racial, ethnic, sexual, religious, or personal slurs or epithets, or other threatening, intimidating, hostile, or abusive treatment of any person or group of persons in the college community.
  4. Misappropriating or misusing college funds or college property.
  5. Disrupting or obstructing the learning environment or any college activity.
  6. Abusing a person in any manner, including but not limited to, physical, verbal, sexual, threats, intimidation, bullying, and/or any conduct which threatens or endangers the health or safety of any person.
  7. Attempting theft or actual theft of college property, college services, or property of another person.
  8. Unauthorized recording of classroom discussions, presentations or images, including pictures of individuals or instructional materials, or unauthorized reproduction or uploading of such recordings to any web or online environment.
  9. Knowingly or recklessly causing damage to or destructing college property or the property of another, or threatening to cause damage or destruction to college property or the property of another person.
  10. Possessing stolen property on college property.
  11. Misusing or damaging fire safety equipment.
  12. Initiating, or causing to be initiated, any false report, warning or threat of fire, explosion or other emergency.
  13. Committing an act which potentially endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in an organization (hazing). The express or implied consent of the victim to such an act(s) shall not be a defense to a charge of misconduct. Inaction or no reporting by those in the presence of such an act(s) shall be considered an act of misconduct.
  14. Committing a serious criminal offense, which is an action that Maryland state law identifies as a felony and which indicates that the student constitutes a substantial and continuing danger to the safety or property of the College or members of the campus community.
  15. Failing to comply with a directive of a college official or law enforcement officer acting in performance of their duties.
  16. Unauthorized possession, duplication or use of keys or access devices to any college property, or unauthorized entry to, or use of, college property.
  17. Illegally using, possessing, manufacturing, or distributing any drug or controlled substance or paraphernalia used for taking drugs.
  18. Using, possessing, manufacturing, or distributing alcoholic beverages, except as expressly permitted and authorized by the College in writing. Alcoholic beverages may not, in any circumstance, be possessed, used or distributed to or by any person under 21 years of age.
  19. Unlawfully being under the influence of alcohol or other drugs while on college property.
  20. Possessing a firearm (unless a government or college police officer authorized and required to carry a firearm), other weapons or explosives, or dangerous chemicals on college property.
  21. Intentionally furnishing false information to the College including soliciting, making, possessing, or using any forged, altered, or falsified identification on college premises, or at college-sponsored activities; soliciting, making, possessing, or using any forged, altered, or falsified college document, on or off-campus.
  22. Abusing or interfering with the student code of conduct system.
  23. Participating in an unauthorized activity that disrupts the operations of the College and/or infringes on the rights of others.
  24. Obstructing the free flow of pedestrian or vehicular traffic on college property or at college-sponsored or -supervised functions.
  25. Committing conduct that is disorderly, lewd or indecent; committing a breach of peace; or aiding, abetting or procuring another person to act in a disorderly, lewd or indecent manner, or to commit a breach of peace on college premises or at functions sponsored by, or participated in by, the College or members of the academic community.
  26. Violating of any college policies, procedures, rules and/or regulations.
  27. Violating of any federal, state or local law on college property or property used by the College.
  28. Failing to comply with a disciplinary sanction imposed pursuant to this code.
  29. Abusing a position of trust.
  30. Leaving any child/children unattended on Cecil College property. (Child is defined as under the age of eighteen, who is not registered as a credit or continuing education student at the College.)
  31. Unauthorized entry or attempted entry to any college facility without authority or against the will of the occupant or the individual in charge of the facility. Includes, but is not limited to, unauthorized use or occupation of any part of college property (e.g., gaining access to roofs or balconies or using a window as a means of entrance or exit) and unauthorized possession, duplication, or use of ID Card or keys to any college premises.
  32. Soliciting another person to commit any offense(s), and/or attempting to commit any offense(s) mentioned in this code.

IX. INTERIM SUSPENSION

The Director of Student Life, or designee, may suspend a student for an interim period when there is reason to believe that the student’s continued presence on college property poses a threat to the health and safety of the student or others, or impedes the normal operations of the College. When the Director of Student Life, or designee, places a student on interim suspension, the student shall have the right to file an appeal with the Vice President for Student Services and Enrollment Management, or designee, challenging the appropriateness of the suspension. The appeal must be submitted in writing, either by mail or electronically, to the Vice President for Student Services and Enrollment Management within five (5) business days after the date of the notice of the suspension, and should explain why the suspension is inappropriate. The Vice President for Student Services and Enrollment Management, or designee, shall review the appeal and provide a written decision to the student who filed the appeal within five (5) business days. The Vice President for Student Services and Enrollment Management’s decision is final on the issue of the interim suspension.

X. DISCIPLINARY SANCTIONS

The following sanctions may be imposed upon any respondent found to have committed conduct prohibited under this code. More than one sanction may be imposed for a single violation.

  1. Verbal reprimand: The student is informed of the inappropriateness of the behavior.
  2. Written warning: The student is placed on written notice that further prohibited conduct may result in more severe disciplinary action
  3. Disciplinary probation: A designated period of time, stated in writing, during which, if the respondent is found to commit additional prohibited act(s) of misconduct, more severe disciplinary sanctions may be imposed.
  4. Loss of privileges: Documented denial of any privilege for a designated period of time.
  5. Restitution: Compensation to an individual negatively impacted by misconduct for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
  6. Assignments/services: Including, but not limited to, essays, service to the College, letters of apology, conferences, mediation, or other reasonable assignments or services.
  7. Order of no contact/access: A written order specifying the forms of contact that are prohibited, with whom, the areas where access is limited and the period of time the order shall be effective.
  8. Withholding academic credentials: The College may withhold academic credentials or transcripts otherwise earned until the completion of any matter initiated against a respondent under these procedures.
  9. No-Trespass Order: Prohibits an individual from all property owned, leased or operated by the College as well as college-sponsored activities.
  10. Disciplinary suspension: Separation from the College for a definite period of time, after which the respondent is eligible to re-enroll. The suspension will be communicated in writing and conditions for re-enrollment specified. Students serving disciplinary suspension are barred from all college property for the duration of the suspension.
  11. Expulsion: Permanent separation from the College. During an expulsion, the respondent shall be prohibited from coming onto any college property and from attending any college sponsored activity.
  12. Revocation of admission and/or degree or certificate: Admission to, or a degree awarded from the College may be revoked and rescinded for fraud, misrepresentation or other act(s) of misconduct in obtaining admission and/or a degree or certificate.
  13. Other appropriate action: Where applicable, the adjudicating body may impose any sanction deemed necessary to remedy the effects of the prohibited conduct.

XI. DISCIPLINARY PROCEDURES

Complaints of Prohibited Conduct

  1. Any member of the college community may file a complaint concerning conduct proscribed by this code. Complaints must be filed within 15 business days after the individual learns or should have reasonably learned of the alleged misconduct. If a complaint is not filed within the prescribed time, it will be deemed waived. However, similar misconduct may be considered pursuant to this code even if a complaint pertaining to those similar acts was not timely filed. Moreover, nothing shall preclude the College from taking any action that the College determines is necessary to ensure the health and safety of the campus community regardless of the timing of a complaint.
  2. No later than five (5) business days after receipt of a complaint, the Director of Student Life, or designee, shall initiate an investigation. The accused student must receive notice of the investigation and be advised of the need to schedule a preliminary interview. The accused will also be informed of the charge and the identity of the complainant. For purposes of this code, written communication must be delivered by regular, certified mail, college-issued electronic mail, or such other method as may be reasonable to provide the student with timely communications. This investigation must include communication with the complainant, respondent and material witness(es), if any, and a review of any relevant documents.
  3. If there is not a sufficient factual basis to substantiate the alleged misconduct, in the sole discretion of the Director of Student Life, or designee, no further action pursuant to this code will take place, the case shall be closed, and all parties notified.
  4. If a sufficient factual basis exists to substantiate the allegations of prohibited conduct, in the sole discretion of the Director of Student Life, or designee, then the accused student must be notified in writing of the intention to take action under the Code, and the charges to be pursued.

XII. DEFERRAL OF PROCEEDINGS

The Director of Student Life, or designee may, at their sole discretion, defer an investigation and the disciplinary proceedings for alleged violations of this code for a period not to exceed 60 calendar days. Pending charges may be dismissed during or upon completion of the deferral period, in the Director of Student Life’s, or designee’s, sole discretion, depending upon the respondent’s behavior and compliance with measures that may be required during the deferral period.

XIII. ADMINISTRATIVE CONFERENCE

A. Notice of Administrative Conference

  1. Within five (5) business days of the determination of sufficient cause to substantiate an allegation of misconduct, the Director of Student Life, or designee, will schedule a date for an administrative conference and notify the respondent of the conference date, time and location. For purposes of this section, delivery means hand-delivery, U.S. mail, certified, or electronic mail.
  2. The notice will inform the respondent of the specific provisions of the code they have been alleged to have violated, the date, time and location of the conference, and the procedures that are applicable throughout the process.
  3. The date and time of the conference will take into consideration the respondent’s academic schedule. However, the seriousness of the allegations will take precedence concerning the conference scheduling. Any request to reschedule the conference by the respondent will be made to the Director of Student Life, or designee, 24 hours prior to the scheduled date of the administrative conference. Requests not made in a timely manner will not be considered.
  4. Failure to attend a scheduled administrative conference (unless the respondent has previously notified the Director of Student Life or designee and a request to reschedule has been approved) will result in a decision being made in the absence of the respondent.

B. Administrative Conference Procedures

  1. The administrative conference will provide the opportunity for the Director of Student Life, or designee, to outline the allegations to the respondent, and share all relevant information (charging party, witnesses and documents) they presently have regarding the allegations. Respondent will have an opportunity to address the allegations and provide information relevant to the allegations or defense of same.
  2. At the conclusion of the administrative conference, based on the investigation conducted and information gathered, the Director of Student Life, or designee, will determine, using a preponderance of the evidence standard, whether the respondent engaged in conduct prohibited under section VII.
  3. If there is not a sufficient factual basis to substantiate that the student engaged in prohibited act(s), in the sole discretion of the Director of Student Life, or designee, no further action under these procedures will occur, the case will be closed, and the complainant and respondent will be notified of this decision.
  4. If there is a sufficient basis to substantiate that the student committed the prohibited act(s), in the sole discretion of the Director of Student Life, or designee, the student will be found responsible for the corresponding charge(s) and determine the sanction to be imposed as outlined in section X. Notice of the outcome will be issued as soon as reasonably possible.

XIV. APPEALS

  1. Right of Appeal: An appeal of the decision regarding findings and/or sanctions may be made by the Respondent to the Vice President for Student Services and Enrollment Management based on: (i) new information that significantly alters the findings; (ii) evidence of improper procedure; or (iii) severity of sanctions. If the charges involve sexual harassment or sexual misconduct, a Complainant has a right to appeal on the same bases. No other bases for appeals are permitted.
  2. Appeal Petition: An appeal petition must be filed in writing to the Vice President of Student Services and Enrollment Management, within five (5) business days after notice of the decision imposed by the Director of Student Life, or designee is received. Email is presumed received the date on which it was sent. If the request is not received within that time, the decision(s)shall stand. The petition must consist of a detailed written statement specifying the precise grounds for appealing and detail the supporting facts. The petition must be signed by the individual filing the appeal or sent using the individual’s college issued email account.
    1. For the purpose of evaluating the severity of sanctions, the Vice President of Student Services and Enrollment Management, or designee, will consider only the evidence contained in the record made during the administrative conference. The Vice President must uphold the determination if there is a reasonable basis for the sanction imposed, and if not, will impose a more appropriate sanction.
  3. Appellate Procedures: The review of the appeal is closed to the public. Only persons providing relevant information will be permitted to participate. In the course of the proceedings, the Vice President of Student Services and Enrollment Management, or designee, will ask questions, and will permit the individual who has filed the appeal to outline the grounds for appeal. The Director of Student Life, or designee, will address the merits of the appeal on behalf of the College and respond to any questions. At the conclusion of the proceeding, the Vice President will make a decision and, within a reasonable amount of time, communicate that decision to the student in writing.

XV. DISCIPLINARY FILES AND RECORDS

Educational Rights and Privacy Act of 1974. Authorized, identified college officers, faculty members or the student will have access to disciplinary records. Results of disciplinary proceedings for alleged violations of this code will be disclosed to the charging party if the prohibited conduct involves the use, or attempted use, or threatened use of physical force or harm against the person or property of another. Student disciplinary records maintained in the office of the Director of Student Life will be accorded the same protection and guaranteed confidentiality as those in college administrative offices.

Referrals to the Director of Student Life may result in a disciplinary file being created in the name of the respondent. The file of a student found responsible of a violation will be retained as a disciplinary record for six years from the date of the letter providing notice of final disciplinary action. In cases of expulsion, revocation or withholding of degree, the record will be retained in perpetuity. In cases where the accused student withdraws from the College, the record will be maintained permanently. Recordings or transcripts of disciplinary hearings in which an accused student is found responsible will be retained for 12 months following the conclusion of any available appeal and then destroyed.

XVI. STUDENT RIGHTS AND RESPONSIBILITIES

  1. Unlawful Discrimination.
    1. Right: No student shall be subject to unlawful discrimination on the grounds of age, ethnicity, national origin, gender, sexual orientation, or disability in any activity sponsored by the College on or off the college grounds.
    2. Responsibility: Students shall not engage in unlawful discrimination against other students, staff, or faculty members. Every student shall treat all members of the College community with respect and courtesy.
  2. Freedom of Expression and Inquiry.
    1. Right: Students have First Amendment rights to freedom of expression and inquiry. Such freedom is protected in order to build a community dedicated to the pursuit of truth, grounded in respect for diversity and civil discourse.
    2. Responsibility: Students must express themselves in a civil and lawful manner that does not materially or substantially disrupt the operation of the College, or interfere with the rights of others.
  3. Academic Integrity.
    1. Right: Students have the right to expect a learning environment where academic integrity is valued and respected.
    2. Responsibility: Students are responsible for demonstrating academic integrity and shall not engage in or condone acts of academic dishonesty.
  4. Freedom of Association.
    1. Right: Students have the right to freedom of association.
    2. Responsibility: Students are responsible for respecting the rights of others to freedom of association. When assembling and expressing their views, students must do so in a manner which does not materially or substantially disrupt the educational process or the operations of the College
  5. Freedom from Arbitrary and Capricious Grading.
    1. Right: Students have the right to be free from arbitrary or capricious grading, and to seek appropriate review of legitimate grievances, as specified in college regulations.
    2. Responsibility: Students are responsible for achieving reasonable standards of performance and behavior established for each course.
  6. Right to Privacy.
    1. Right: Students have rights to privacy, inspection and challenge of their educational records, as provided by the Family Educational Rights and Privacy Act of 1974.
    2. Responsibility: Students have responsibility to respect the established privacy rights of others, including the privacy of educational records belonging to other students.
  7. Freedom of the Press.
    1. Right: Students may publish news and commentary in accordance with established First Amendment standards.
    2. Responsibility: Students may not misuse college property (including computer resources) or the college name for unauthorized purposes. Students are responsible for adhering to pertinent state and federal law, including laws regarding defamation, obscenity, copyright infringement, invasion of privacy, prohibited harassment, ethnic intimidation, and threats of violence. Students shall adhere to established standards of journalistic ethics, including a commitment to honest reporting, and a responsibility to allow diverse views to be heard.
  8. Freedom of Speech.
    1. Right: Students have the right to express their views on matters affecting college life, in accordance with established procedures for campus governance.
    2. Responsibility: Students have the responsibility to encourage a diversity of views, and to follow democratic procedures designed to create a climate of reasoned discourse and action.
  9. Freedom from Harassment.
    1. Right: Students have the right to be free from unlawful intimidation or coercion, including sexual harassment.
    2. Responsibility: Students are responsible for respecting the rights of others to be free from unlawful intimidation or coercion, including sexual harassment.

Student Grievance Policy

Policy

A Cecil College student who wishes to resolve a concern or complaint about an academic assessment or an interaction with a College faculty or staff member should first attempt to resolve the issue at its source with the faculty or staff member involved. Should such a resolution be impossible or impractical, the student may pursue the following procedures. These procedures are established to resolve the matter in a fair and timely manner

Procedure

  1. Academic Senate and the appropriate Senate Standing Committee will review and provide feedback on this policy/procedure every three years or as needed.
  2. Grievance about Academic Assessment (Grade Appeal)
    1. Adjustment to the process: No step here outlined may be ignored; however, in the event that a student has valid reasons for declining discussion with the instructor or chair, the student may write to the division dean detailing such reasons and requesting an exception to the process. This is the sole method for adjusting the grievance process about an academicassessment.The course faculty member has exclusive authority to assign grades for academic work in the course. Therefore, should a student believe that an assigned grade or evaluation rating is capricious or unfair, the student should discuss the matter with the faculty member immediately.
    2. If the student believes that the concern has not been addressed adequately by the faculty member, the student may then seek the assistance of the department chair or the director of the program in an attempt to resolve the matter. The department chair must keep a written record of the student grievance and forward a copy of the student grievance to the appropriate dean to be filed in the Academic Programs office.
    3. Seven business days after the student has contacted the department chair/program director the student may seek the assistance of the division dean if the student believes that the concern has not been adequately addressed.

    4. After investigation, a response to the student’s written complaint will be prepared by the dean within seven business days of receipt of a complaint. With the exception of course failure or removal of a student from a program of study, all decisions of the division dean are final. If the student believes that the dean’s response related to a course failure or removal from a program has not addressed the concern, only then should the student seek the assistance of the vice president for academic programs. The vice president should be contacted in writing. Correspondence with the vice president must include details of compliance with the process as outlined above and be received within five days upon receiving the dean’s response.

    5. The written decision of the vice president or his/her designee(s) shall be final.

    6. All complaints regarding academic integrity should follow the academic integrity policy and process.
  3. Grievance about Faculty Interactions with a Student
    1. Adjustment to the process: No step here outlined may be ignored; however, in the event that a student has valid reasons for declining discussion with the instructor or chair, the student may write to the division dean detailing such reasons and requesting an exception to the process. This is the sole method for addressing a grievance regarding faculty interactions

    2. Should a student have a concern about the actions, inactions or comments of a faculty or instructional staff member, the student should discuss the matter with the instructor or instructional staff member immediately to try to resolve the matter. If the student is unable to discuss the matter with the faculty member, the student should seek the assistance of the department chair or dean. If the student’s concern is related in any way to sexual misconduct, the student should review the Student Sexual Misconduct Policy and contact the Vice President of Student Services and Enrollment Management who serves as the College’s Title IX Coordinator.
    3. If the student believes that the concern has not been addressed adequately by the instructor or instructional staff member, only then should the student seek the assistance of the department chair/director/supervisor in an attempt to resolve this matter. The department chair must keep a written record of the student grievance and any response or communication related to the grievance. A copy of the grievance and any response or communication related to the grievance must be forwarded to the appropriate dean as well.

    4. Seven business days after contacting the department chair/director/supervisor the student may seek the assistance of the academic dean if the student believes that the concern has not been adequately addressed.

    5. After investigation, a response to the student’s written complaint will be prepared by the dean within seven business days of receipt of a complaint. If the student believes that the dean’s response has not addressed the concern, only then should the student seek the assistance of the vice president for academic programs. The vice president should be contacted in writing. Correspondence with the vice president must include details of compliance with the process as outlined above and be received within five days upon receiving the dean’s response.
    6. The written decision of the vice president or his/her designee(s) shall be final.

  4. Grievance about Staff Interactions with a Student
    1. Adjustment to the process: No step here outlined may be ignored; however, in the event that a student has valid reasons for declining discussion with the staff member, the student may write to the division supervisor detailing such reasons and requesting an exception to the process.
    2. Should a student have a concern about the actions, inactions or comments of a non-instructional staff member, the student should discuss the matter with the staff member immediately and try to resolve the matter. If the student is unable to discuss the matter with the staff member, the student should seek the assistance of the director or supervisor. If the student’s concern is related in any way to sexual misconduct, the student should review the Student Sexual Misconduct Policy and contact the Vice President of Student Services and Enrollment Management who serves as the College’s Title IX Coordinator.

    3. If the student believes the concern has not been addressed adequately by the staff member, the student may then seek the assistance of the director/supervisor in an attempt to resolve this matter. The director/supervisor must keep a written record of the student grievance.

    4. If after seven business days from initial contact of the director/supervisor the student believes that the concern has not been addressed adequately, then the student may seek the assistance of the director of student life.

    5. After investigation, a response to the student’s written complaint will be prepared by the director of student life within five business days of receipt of a complaint. If the student believes that the director of student life’s response has not addressed the concern, only then should the student seek the assistance of the vice president for student services. The vice president should be contacted in writing. Correspondence with the vice president must include details of compliance with the process as outlined above and be received within five days upon receiving the director’s response.

    6. The written decision of the vice president for student services or his/her designee(s) shall be final.

  5. Grievance about Interactions with a Fellow Student
    1. If a student has a concern about the actions, inactions or comments of a fellow student, the student should discuss the concern with the director of student life who will then make the determination if the complaint falls under the Student Code of Conduct or the Sexual Misconduct Policy and will advise the students on next steps.

Note: Once a student has exhausted the above procedures, he or she may contact the Maryland Higher Education Commission at 410-767-3301 or https://mhec.maryland.gov/institutions_training/Pages/career/pcs/complaint.aspx

Student Right-to-Know Policy

In compliance with the Student Right-to-Know and Campus Security Act, it is the policy of Cecil College to make readily available information concerning the completion or graduation rate of all certificate or degree-seeking, full-time undergraduate students entering the College, as well as the average completion or graduation rate of students who have received athletically-related student aid. This information is published in the Credit Course Schedule.

The Crime and Awareness and Campus Security Act of 1992, requires that the College prepare information on current campus crime prevention programs and campus security statistics.

Cecil College supports the intent of this act and has taken steps to adhere to its guidelines by publishing student consumer information in the Credit Course Schedule.

Student Rights and Responsibilities

The following is a bill of rights and responsibilities adopted by Cecil College for the student members of the College community.

The bill was adopted from a report by the Carnegie Commission on Higher Education. Student members of the campus have an obligation to fulfill the responsibilities of their particular roles within the academic community.

  1. As citizens, student members of the campus enjoy the same basic rights, and are bound by the same responsibilities to respect the rights of others, as are all citizens.

    Among the basic rights are freedom of speech, freedom of press, freedom of peaceful assembly and association, freedom of political beliefs, and freedom from personal force and violation, threats of violence and abuse.

    Freedom of press implies the right to freedom from censorship in campus newspapers and other media, and the concomitant obligation to adhere to the canons of responsible journalism.

    It should be made clear that editorial opinions are not necessarily those of the institution or all of its members.

    The campus is not a sanctuary from the general law.

    The campus does not stand “in loco parentis” for its members.

    Each member of the campus has the right to organize his/her own personal life and behavior, so long as it does not violate the law or agreements voluntarily entered into, and does not interfere with the rights of others or the educational process.

    Admission to, employment by, and promotion within the campus shall be in accordance with the provisions against discrimination in the general law.
     
  2. All members of the campus have other responsibilities and rights based upon the nature of the educational process and the requirements of the search for the truth and its free presentation. These rights and responsibilities include:

    The obligation to respect the freedom to teach, learn, and conduct research, and publish findings shall be in the spirit of free inquiry. Institutional censorship and individual or group intolerance of the opinions of others are inconsistent with this freedom.

    Freedom to teach and to learn implies that the teacher has the right to determine the specific content of the course, within the established guidelines of the college or course definition, and the responsibility not to depart significantly from the area of competence or to divert significant time to material extraneous to the subject matter of the course.

    The obligation exists not to infringe upon the right of all members of the campus to privacy in offices and laboratories in the keeping of personal papers, confidential records, and effects, subject only to the general law and to conditions voluntarily entered into. Campus records of its members should contain only information which is reasonably related to the educational purposes or safety of the campus.

    The obligation exists not to interfere with any member’s freedom to hear and to study unpopular and controversial views on intellectual and public issues.

    The right exists to identify oneself as a member of the campus, and a concurrent obligation exists not to speak or act on behalf of the institution without authorization.

    The right exists to hold public meetings in which members participate, to post notices, and to engage in peaceful, orderly demonstrations.

    The right exists to recourse if another member of the campus family is negligent or irresponsible in performance of his or her responsibilities, or if any member of the campus represents the work of another as his/her work.

    The right exists to be heard and considered at appropriate levels of the decision-making process about basic policy matters of direct concern. Members of the campus who have a continuing association with the institution and who have substantial authority and security have an especially strong respect for the rights of others and fulfillment of academic responsibilities.

    All faculty should maintain the highest standards in the performance of their academic responsibilities consistent with the individual student’s success.

    Trustees have a particular responsibility to protect the integrity of the academic process from external and internal attacks and to prevent the political or financial exploitation of the campus by any individual or group.
     
  3. The institution, and any division or agency which exercises direct or delegated authority for the institution has rights and responsibilities of its own. The rights and responsibilities of the institution include:

    Right and obligation to provide an open forum for members of the campus to present debate issues.

    Right and obligation to provide, for members of the campus, the use of meeting rooms under the rules of the campus including use of political clubs; to prohibit use of rooms by individuals members or groups of members on a regular or prolonged basis as free headquarters for political campaigns; and to prohibit use of its name, its finances, and its office equipment and supplies for any political purpose at any time.

    Right and obligation not to take a position, as an institution, in electoral policies or on public issues, except on those issues which directly affect its autonomy, the freedom of its members, its financial support, and its academic functions.

    Right and obligation to protect the members of the campus and visitors to it from physical harm, threats of harm or abuse; its property from damage and unauthorized use, and its academic and administrative processes from interruption.

    Right to require that persons on the campus be willing to identify themselves by name and address and to state what connection, if any, they have with the campus.

    Right to set reasonable standards of conduct in order to safeguard the educational process and to provide for the safety of members of the campus and the institution’s property.
     
  4. Student members of the campus have a right to fair and equitable procedures which shall determine the validity of charges of violation of campus regulations.

    The procedure shall be structured so as to facilitate a reliable determination of the truth or falsity of charges, to provide fundamental fairness to the parties, and to be an effective instrument for the maintenance of order.

    All members of the campus have a right to know in advance the range of penalties for violations of campus regulations. Definition of adequate cause for separation from the campus should be clearly formulated and made public.

    Charges of minor infractions or regulations, penalized by small fines or reprimands which do not become part of permanent records, may be handled expeditiously by the appropriate individual or committee. Persons so penalized have the right to appeal.

    In the case of charges of infractions of regulations which may lead to notation in permanent records or to more serious penalties, such as suspension or expulsion, members of the campus have a right to formal procedures with adequate due process, including the right of appeal.

    Members of the campus charged with or convicted of violations under general law may be subject to campus sanctions for the same conduct, in accord with campus rule essential to the continuing protection of other members of the campus and to the safeguarding of the education process.

Sexual Discrimination and Harassment Policy

 

Cecil College (the “College”) is committed to maintaining a learning and working environment free from any form of discrimination, including sexual and gender-based harassment or discrimination, sexual assault, dating violence, domestic violence and stalking. Cecil College prohibits and will not tolerate discrimination on the basis of sex. Sexual harassment is a form of sex discrimination prohibited by state and federal laws, including Title IX of the Education Amendments of 1972 as amended (“Title IX”) and Title VII of the Civil Rights Act of 1964 as amended, and also may constitute criminal activity.

It is the responsibility of all members of the Cecil College community to demonstrate responsibility, civility, and respect in their behavior. Cecil College will promote a climate that is free from sex discrimination through education and prevention programs as well as timely and thorough response to reported violations of the Sexual Discrimination and Harassment Policy.

Any employee, student, vendor or affiliated person who engages in conduct in violation of this Policy will be subject to disciplinary action, including but not limited to, dismissal from a class, suspension from the College, or permanent expulsion or termination in the case of employees.

All Cecil College community members are expected to comply with College policies related to sex discrimination regardless of sex, sexual orientation, gender identity and gender expression. This includes all College students, College faculty, and College staff, as well as third parties and contractors under the College’s control. Violations of the Policy may occur between individuals or groups of individuals of any sexual orientation or actual or perceived gender identity. This Policy applies to sex discrimination in connection with any College program or activity, including: (1) in any College facility or on College property; (2) in connection with any College sponsored, recognized or approved program, visit or activity, regardless of location; (3) that impedes equal access to any College education program or activity; or (4) that otherwise threatens the health or safety of a member of the College community.

No Retaliation and/or Intimidation

Any type of retaliatory and/or intimidating behavior against a person who files a complaint or otherwise participates in an investigation or adjudicatory action under this Policy is expressly prohibited. Cecil College will take strong disciplinary action against any individual or group of individuals found responsible for retaliating and/or intimidating, or attempting to retaliate and/ or intimidate, another person for reporting misconduct, participating in an investigation of such conduct, participating as a witness in an adjudicatory proceeding, and/or otherwise participating in any way in support of a person exercising rights under this Policy.

I. Definitions

A. For purposes of this Policy, prohibited harassment includes:

Sexual Harassment

Conduct on the basis of sex that is:

  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a College education program or activity; or
  • Any instance of quid pro quo harassment where an employee of the College conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct; or
  • Conduct that constitutes sexual assault, dating violence, domestic violence, or stalking, as described in this Policy.

Sexual Assault

Any sexual act directed against another person, without consent, including instances where the complainant is incapable of giving consent.

Sexual Assault includes Rape, Fondling, Statutory Rape and Incest.

  • Rape- The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, regardless of the age of the complainant, if the complainant did not consent or if the complainant was incapable of giving consent.
  • Fondling- The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person subject to the touching, including instances where the person subject to the touching is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
  • Statutory Rape- Sexual intercourse with a person who is under the statutory age of consent where the complainant consented and the offender did not force or threaten the complainant.
  • Incest- Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Dating Violence

Violence or threat of violence on the basis of sex committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence

Violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person who is cohabitating with or who has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse, or by any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland. Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: a) fear for their safety or the safety of others; or b) suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts which the alleged stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

B. Retaliation

Any materially adverse action taken against a person because of the person’s reporting of an incident that could implicate this Policy, support of a complainant or respondent, or participation in a complaint, investigation or adjudication of a matter covered by this Policy.

C. Consent

Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, mutually understood permission to engage in (and the conditions of) sexual activity. Consent is:

  • Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent.
  • Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that he/she does not want to engage in the behavior.
  • Provided knowingly. Legally valid consent to sexual activity cannot be given by:
    • A person under the legal age to consent in Maryland or
    • An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot make rational, reasonable decisions because he or she lacks the capacity to understand the “who, what, when, where, why, or how” of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.
  • Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. Consent must be present throughout the entire sexual activity or behavior and may be withdrawn at any time. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts. 

II. Reporting Prohibited Conduct

Preservation of Evidence

The College encourages everyone to seek immediate assistance from campus safety or a local law enforcement agency for an incident of sexual harassment, including sexual assault, dating violence, domestic violence and stalking. Seeking prompt assistance may be important to ensure physical safety, to obtain medical care, or for other support. It may also be necessary to preserve evidence, which can assist the College and/or law enforcement in responding. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this College Policy, criminal investigations or reports are not determinative of whether a violation of College policy has occurred.

Employee Reporting Obligations

All faculty and staff are mandatory reporters and required to immediately report the known details of an incident of sexual discrimination or harassment (date, time, location, names of parties involved, description of the incident) to the Title IX Coordinator and other need-to-know College officials. Any faculty or staff who is found to have knowingly failed to make a report is in violation of this Policy and may be subject to disciplinary action.

All members of the College community are strongly encouraged to bring forward any information received about an incident of prohibited conduct to the Title IX Coordinator.

Reporting Process

Where to Report:

An individual who wishes to report an incident of sex discrimination, harassment and/or retaliation should contact the College’s Title IX Coordinator to make the report. The complainant will be notified of the supportive measures available and requests for supportive measures can be made.

Requests for Confidentiality or No College Action

A complainant may request that their identity not be disclosed to anyone else, including the respondent, or that the College not investigate or take action. Such a request may limit the College’s ability to respond to prohibited conduct. Where a request is made, the College will consider the request and weigh it against the College’s responsibility to provide a safe and nondiscriminatory environment for all College community members, to decide whether the request can be honored. The complainant will be notified of the College’s decision.

Obtaining Medical Attention

Complainants will receive full and prompt cooperation from College personnel in obtaining appropriate medical attention, including transporting the complainant to Union Hospital in Elkton, MD, the nearest designated hospital. Union Hospital Forensic Nurse Examiners are specially trained and licensed by the Maryland Board of Nursing to provide comprehensive care to persons who are the victim of sexual assault, domestic violence, child and elder abuse. The College will provide access to counseling to a complainant through the Cecil County Domestic Violence and Rape Crisis Center and law enforcement victim services entities.

Notification to Law Enforcement

A complainant has the right to file criminal charges with law enforcement. At the request of the complainant, campus authorities will provide prompt assistance to notify appropriate law enforcement officials and disciplinary authorities of an incident of Prohibited Conduct.

Confidential Off-Campus Resources

Any individual who has experienced alleged misconduct but is not prepared to make a report to law enforcement or to the College, should speak with off-campus resources available to provide confidential counseling and crisis support. If you are unsure of someone’s ability to maintain your privacy, ask before you talk to them.

III. Emergency Removal And Supportive Measures

Emergency Removal

The College reserves the right to take whatever measures it deems necessary in response to allegations of sexual discrimination or harassment in order to protect the safety of the College community. This may include emergency removal of a respondent if it is determined that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of misconduct, in which case the respondent will have an opportunity to appeal the emergency removal decision to the Title IX Coordinator.

Supportive Measures

Supportive measures are “individualized services” reasonably available that are non-punitive, non- disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual discrimination or harassment. Supportive measures may be provided to both complainant and respondent before or after the filing of a formal complaint, or where no formal complaint has been filed. Supportive measures may be requested by either party, or the College may initiate the supportive measures in the absence of a request, at any time, during the process. Supportive measures are taken based on the information available at the time of the request and may be withdrawn or amended as additional information is discovered.

The College wants its students and employees to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational and work opportunities. The College will determine which measures are appropriate on a case-by- case basis. If a supportive measure that is not already provided by the College is requested, the College will consider whether the request can be granted.

Supportive measures may include, but are not limited to, those listed below. The College will determine which measures are appropriate to ensure safety and equal access to educational programs and activities:

  • Academic accommodations.
  • Assistance in arranging for alternative College schedules.
  • A “No contact” directive. Such a directive serves as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another.
  • Providing an escort to ensure that the student or employee can move safely between school programs and activities.
  • Assistance identifying an advocate to help secure additional resources or assistance including off-campus and community advocacy, support, and services.

The College will work with involved parties to identify what supportive measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response), and will continue to work collaboratively throughout the College’s process and as needed thereafter to assess whether the instituted measures are effective, and if not, what additional or different measures are necessary to keep the party safe.

IV. Complainant and Respondent Rights

Any individual who alleges a violation of this Policy, or who responds to an alleged violation of this Policy, is entitled to:

  • Treatment with dignity, respect, and sensitivity by at all phases of proceedings;
  • A fair and impartial investigation;
  • Resolution procedure that is prompt and equitable and provides an opportunity for the parties to be heard.

V. Amnesty

This Policy prohibits the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of Cecil College alcohol or drug use policies for a student who reports to the College or a law enforcement officer conduct implicated by this Policy or who participates in an investigation of such conduct as a witness if: (i) the College determines the violation occurred during or near the time of the alleged misconduct; (ii) the student is determined to have made the report of misconduct or is participating in an investigation as a witness in good faith; and (iii) the College determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

VI. Complaint Resolution

Once the College knows or reasonably should know of possible sex discrimination or harassment, it will take immediate and appropriate action, in accordance with its internal procedures, to investigate or otherwise determine what occurred. This obligation applies to conduct covered by this Policy regardless of whether a parallel law enforcement investigation or action is pending and regardless of whether a formal complaint is filed.

Upon receipt of a notice or a complaint of an alleged violation of this Policy, the College will determine if the complainant wants to make a formal complaint. If a complainant does not want to pursue a formal complaint, the Title IX Coordinator may decide to sign a formal complaint to initiate the Formal Resolution procedure based on a risk assessment.

No Conflict of Interest or Bias

Involved College personnel, or designees, participating in the complaint resolution process should be free of bias and conflict of interest. Concerns of bias or potential conflict of interest by the investigator(s), decision-makers, or any person designated to facilitate an Informal Resolution should be raised to the Title IX Coordinator. Such concerns related to the Title IX Coordinator should be raised to the President.

Informal Resolution

Mediation or other informal mechanisms for resolving a complaint of sexual harassment may be considered if:

  • The complainant requests an informal mechanism;
  • All parties to the complaint, and the College, agree;
  • Trained staff are available to coordinate;
  • All parties have the opportunity to end the informal mechanism at any time in favor of formal proceedings; and
  • The alleged conduct does not involve sexual assault or sexual coercion.

The College will seek to conclude the Informal Resolution process within thirty (30) days. The time frame may be extended by the College for good cause, in which case written notice will be provided to the complainant and respondent that includes reasons for the extension.

Formal Resolution

The Cecil College Title IX Coordinator is responsible for receiving and coordinating the response to reports of violations of this policy. Certain College employees will be trained in conducting a formal investigation and may be designated by the Title IX Coordinator to investigate matters.

As part of the investigation, the investigator will meet with the complainant to gather as much information as available about the alleged violation. The investigator will additionally interview the respondent, and anyone determined to have information relevant to the investigation.

The respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Formal Resolution Grievance Procedure

The College will seek to conclude the Formal Resolution Grievance Procedure within sixty (60) to ninety (90) work days after receiving a formal complaint. The time frame may be extended by the College for good cause, in which case written notice will be provided to the complainant and respondent that includes reasons for the extension.

The College will ensure that matters undergo an appropriate legal sufficiency review by counsel prior to any final decision.

Standard of Review

The preponderance-of-the-evidence (i.e., more likely than not) standard will be applied as the standard of review for determining findings of fact; used in any Title IX fact-finding and related proceedings.

Formal Resolution Grievance Procedure

This procedure applies to complaints alleging sexual harassment, including sexual assault, dating violence, domestic violence and stalking involving students, staff, faculty and administrators.

Alleged conduct outside the scope of this Policy will be addressed by other applicable College policies and procedures outlined in student and employee handbooks.

 

  1. The Title IX Coordinator will appoint a trained investigator(s) to conduct an investigation of the complaint, and written notice will be provided to both parties. Written notice will include, but not be limited to:
  • the identity of the parties involved in the incident, if known;
  • reported violation with date, time and location of the alleged violation, if known;
  • range of potential sanctions or disciplinary action associated with the alleged violation;
  • a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance procedure;
  • information regarding party rights to an advisor of choice; and
  • a statement regarding prohibition on knowingly providing false information.

Additional notice will be provided if the College, during the course of an investigation, decides to investigate allegations about the complainant or respondent that are not included in the original notice. Parties will also be provided a copy of the College’s Sexual Discrimination and Harassment Policy.

  1. Complainants should file a formal complaint as soon as possible following the alleged conduct. If the respondent is no longer a student or employee at the time of the formal complaint, the College may not be able to take disciplinary action against the respondent, but it will seek to provide support for the complainant and take steps to end the alleged conduct, prevent its recurrence, and address its effects.
  1. During the investigation, the parties will have an equal opportunity to be heard, to submit information and corroborating evidence, to identify witnesses who may have relevant information, and to submit questions that they believe should be addressed by the investigator to the other party or to any witness.
  1. The investigator will notify and seek to meet separately with the complainant, the respondent, and third-party witnesses determined to have information relevant to the investigation, and will gather relevant evidence and information. Parties will receive written notice of the date, time, location, participants, and purpose of any meeting, interview, or proceeding they are required or permitted to attend.
  1. After information has been gathered, the investigator will prepare a draft investigative report that summarizes the investigation, all witness interviews, and all relevant evidence. The investigator does not make any conclusions or recommendations as part of the draft investigative report.
  1. The parties (and advisors, if applicable) will be provided a copy of the draft investigative report and any evidence regarding the incident obtained by the College that is directly related to the complaint allegations, including evidence upon which the College does not intend to rely on to reach a determination regarding responsibility. Personally identifiable and other information will be redacted as required by applicable law.
  1. The complainant and respondent will each have ten (10) business days from the date the report is received to submit any additional comments, questions, or information to the investigator for consideration.
  1. The investigator will consider all available evidence and prepare a final investigative report, incorporating any relevant feedback. At least ten (10) business days prior to a hearing, the final investigative report will be provided to all parties (and advisors, if applicable) with any directly related evidence that was not included in the report.
  1. A live recorded hearing will be scheduled with notice provided to the parties.
  1. A trained decisionmaker for the hearing will be selected by the Title IX Coordinator. The decisionmaker may not be the same person as the Title IX Coordinator or the investigator.
  1. Complainants and respondents will be entitled to provide and review testimony in a manner that does not require them to be in the physical presence of the other involved party, with technology that enables participants to simultaneously see and hear each other. If a party is not willing or able to attend the hearing in-person, the party should inform the Title IX Coordinator of the need for alternative arrangements at least five (5) business days in advance of the hearing.
  1. During the hearing, the investigator will present a summary of the final investigative report and will be available for questioning by the decisionmaker and advisors on behalf of the parties. Once the report has been presented, the parties and witnesses may provide relevant information subject to questioning by the decisionmaker and advisors on behalf of the parties.
  1. Only relevant questions may be asked of a party or witness. The decisionmaker will make decisions regarding relevance, and may consult with legal counsel in the process. The decisionmaker is prohibited from considering evidence of a party’s prior sexual history, except to: (i) prove that someone other than the respondent committed the conduct alleged by the complainant, or (ii) if the evidence concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and is offered to prove consent. In addition, evidence of history of a party’s mental health counseling, treatment or diagnosis may not be considered without the party’s consent.
  1. If a party or witness does not submit to cross- examination at the hearing, the decisionmaker may not rely on any statement of that party or witness to reach a determination of responsibility. However, the decisionmaker may not draw an inference about a determination of responsibility based solely on a party or witness’s absence at the hearing or refusal to submit to questioning at the hearing.
  2. The decisionmaker will issue a written determination of responsibility, by a preponderance of the evidence, for each alleged violation of Policy, which will be provided by the College to both parties at the same time. The written determination will include:
  • Identification of allegations potentially constituting sexual harassment;
  • Description of procedural steps taken during the formal complaint process;
  • Findings of fact supporting the determination;
  • Conclusions regarding application of policy to the facts;
  • Statement and rationale supporting the determination of responsibility, any sanctions, and whether remedies designed to restore or preserve equal access will be provided to the Complainant;
  • Notice of appeals process.
  1.  If it is determined there is a preponderance of the evidence that the respondent is responsible for a violation of the College’s Sexual Misconduct Policy, the decisionmaker will determine sanctions proportionate to the findings.
  1. The parties will be notified simultaneously, in writing, of the findings and any sanctions, if applicable. Sanctions are designed to eliminate prohibited conduct, prevent its recurrence, and remedy its effects. Sanctions can include, but are not limited to: required training or education, no contact orders, oral or written warning, reprimand, probation, suspension or dismissal or discharge.
  1. Either party may appeal the decision by following the Appeals process described in this Policy.

Dismissal of Formal Complaint

Required Dismissal

If it is determined at any time that the conduct alleged in the formal complaint: a) would not constitute sexual harassment under this Policy, even if proven; b) did not occur in an educational program or activity controlled by the College; or c) did not occur against a person in the United States, then the formal complaint with regard to that conduct will be dismissed for purposes of this Policy, with notice provided to the complainant and respondent. Such a dismissal, however, does not preclude the College from addressing conduct otherwise covered by College policy. In the event a complaint is dismissed pursuant to this Policy section, the College will determine whether the complaint alleges conduct covered by College policy and decide the appropriate College procedure for any further investigation and resolution.

Permitted Dismissal

The College, in its discretion, may dismiss a formal complaint or any allegations contained therein if, at any time during the investigation or hearing: a) a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any underlying allegations therein; b) the respondent is no longer enrolled or employed by the College; or c) specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Appeal of Dismissal

Dismissal of a formal complaint or allegations contained therein for reasons described in this Policy section may be appealed pursuant to the Appeals process described in this Policy.

 

VII. Appeals

A. Either party may file an appeal from a) the College’s dismissal of a Complaint or allegations contained therein, or b) a determination regarding responsibility. Grounds for appeal are limited to: (i) procedural irregularity that affected the outcome of the matter; (ii) new information not reasonably available at the time a determination regarding responsibility or dismissal was made that could affect the outcome of the matter; or (iii) the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent that affected the outcome of the matter.

B.  An appeal must be submitted in writing to the Title IX Coordinator, within five (5) business days following notice of the decision to be appealed. If a request for appeal is not received within that time, the decision will stand. The appeal will then be forwarded to the assigned appeals administrator. The appeal must contain a detailed written statement specifying the precise grounds for appeal with supporting facts. The appeal must be signed by the party filing the appeal, or sent using the party’s College issued email account.

C. The assigned appeal administrator will review the investigative file, including all evidence, decisions, and sanctions, if applicable, and make a final determination. The decision and sanctions, if applicable, determined by the appeals administrator will be final. No other administrative processes otherwise available to students or employees may be used to further appeal the decision. All parties will be informed in writing of the outcome.

VIII. Attorneys, Non-Attorney Advisors, and Personal Supporters

Both the complainant and the respondent are permitted to be accompanied by a personal supporter of choice, and an advisor, who may or may not be a licensed attorney, during any interview, meeting or disciplinary proceeding in connection with any Formal Resolution procedure. No more than two persons may accompany the involved party, including a personal supporter and an advisor. Advisors are not direct participants in the investigation stage of the process. Their role is to attend meetings, consult privately with the involved party and/or assist with exercise of rights.

Cross- examination by an advisor is required during the hearing under the Formal Resolution procedure. Parties are not permitted to directly cross-examine each other or witnesses. If a complainant or respondent does not have an advisor for a hearing, or the party’s selected advisor will not conduct cross-examination, then the College will appoint a trained advisor for the limited purpose of conducting cross-examination. A party may reject the appointed advisor and choose their own advisor but may not proceed without an advisor.

IX. Paid Legal Representation for Students

In accordance with Maryland law, and subject to funding, any current or former student who makes a complaint or responds to a complaint on which a formal Title IX investigation is initiated, and who was enrolled as a student at the College at the time of the incident giving rise to the complaint, is authorized to access counsel to serve as an advisor, whose fees may be reimbursed up to a certain amount by the Maryland Higher Education Commission (Commission), upon application by counsel. Such attorney advisors may be retained to attend interviews, meetings and/or disciplinary proceedings, in accordance with applicable law and regulations, unless the student knowingly and voluntarily chooses not to have counsel.

The Commission maintains a list of attorneys and legal services programs who have indicated they are willing to represent students in Title IX proceedings on a pro bono basis or for reduced legal fees. More information can be found at: https://mhec.maryland.gov/Pages/Title-IX- Campus-Sexual-Assault-Proceedings—Attorney-List.aspx

Students may select an attorney from available resources provided by the Commission, or may select an independent attorney, in which case the independent attorney make seek limited fee reimbursement up to a certain amount from the Commission. The Commission is not required to pay a student’s attorney’s fees for representation in a criminal or civil matter.

X. False or Frivolous Allegations

The College encourages good faith reporting of violations of this Policy. Any student, faculty or staff who knowingly raises false or frivolous allegations may be subject to disciplinary actions. Erroneous allegations alone do not constitute a false or frivolous complaint

XI. Training, Compliance, and Oversight

Prevention and Awareness Education

The College will develop and implement preventive education directed toward both employees and students. The College will also develop ongoing prevention and awareness campaigns for its students and employees related to Title IX.

Training Related to Implementation of Policy

Cecil College faculty and staff will receive training on how to report incidents of sex discrimination and harassment, as well as how to effectively support involved parties. In addition, Public Safety personnel, the Title IX Coordinator, campus investigators, campus security authorities and participants in the adjudication process will participate in appropriate training to assist them in meeting their responsibilities related to implementation of this Policy.

Clery Act Compliance

The College will comply with Clery Act requirements, including crime recording and reporting requirements.

Oversight

Title IX Coordinator

The President will appoint a Title IX Coordinator responsible for coordinating the institution’s efforts to comply with and carry out its responsibilities under Title IX.

The Title IX Coordinator will have adequate training on the requirements of Title IX, including what constitutes sexual harassment, consent, credibility assessments, and counter-intuitive behaviors resulting from sexual harassment. The Title IX Coordinator will understand how relevant institution procedures operate and will receive notice of all reports raising Title IX issues at the College.

Title IX Team

The President or the Title IX Coordinator will identify a Title IX Team, which may include the Title IX Coordinator, Deputy Title IX Coordinators, trained Title IX investigators and Hearing decisionmakers, and representatives from campus security and the Human Resources Department. The Title IX Coordinator will be responsible for coordinating the activities of the Title IX Team.

XII. Off-Campus Resources Contacts

ChristianaCare, Union Hospital 106 Bow St. Elkton, MD 21921

(410) 398-4000

Cecil County Domestic Violence Rape Crisis Center Elkton, Maryland

Hotline/Phone: (410) 996-0333

XIII. Record Keeping

The College will maintain records of actions taken under this Policy, including, but not limited to, records of any reports of misconduct, records of any proceedings or resolutions, and records of any trainings, and will maintain such records in accordance with the College’s Records Retention Schedule.

Notice of Non-Discrimination

Cecil College does not discriminate in offering equal access to its educational programs and activities or with respect to employment terms and conditions on the basis of race, creed, color, religion, sex, gender, pregnancy, ancestry, age, gender identity or expression, national origin, veterans status, marital status, sexual orientation, physical or mental disability, or genetic information, or any other status protected by law.

Inquiries concerning the University’s Notice of Non-Discrimination and application of Title IX may be referred to the College’s Title IX coordinator or to the U.S. Department of Education’s Office for Civil Rights.

Title IX Coordinator Contact

Dr. Kimberly Joyce, Vice President of Student Services and Enrollment Management, Title IX Coordinator

1 Seahawk Drive North East, MD 21901 Phone: (410) 287-1022

Email: kjoyce@cecil.edu

Title IX

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Sec. 1681, et seq., and its implementing regulations, 34 C.F. R. Part 106, is a federal law that prohibits discrimination on the basis of sex in any federally funded program or activity. In compliance with Title IX, Cecil College prohibits sex discrimination, inclusive of conduct that constitutes sexual harassment.

An individual who wishes to report a concern or complaint relating to discrimination or harassment may do so by contacting the College’s Title IX coordinator:

Dr. Kimberly Joyce

Vice President of Student Services and Enrollment Management Cecil College

One Seahawk Drive North East, MD 21901 (410) 287-1022

The Title IX coordinator can provide information regarding both informal dispute resolution processes and formal complaint options.

Individuals with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:

Office for Civil Rights (OCR)

400 Maryland Avenue, SW Washington, DC 20202-1100

Customer Service Hotline #: (800) 421-3481

Facsimile: (202) 453.6012

TDD#: (877) 521.2172

Email: OCR@ed.gov

Web: www.ed.gov/ocr

 

Statewide Instructional Programs Policy

Policy:

Pursuant to Md. EDUCATION Code Ann. §16-310 (d), Maryland residents may attend Cecil College at in-county tuition rates in programs that have been approved and designated as Statewide programs by the Maryland Higher Education Commission.    

Eligible Programs:

1. Visual Communications

2. Transportation & Logistics

3. Supply Chain Management

4. Social Work

5. Psychology, General

Procedures:

1.    The out-of-county student (Maryland resident) completes the admissions and enrollment process according to College policy and procedures.
2.    The out-of-county student (Maryland resident) is required to complete the registration process with an advisor and complete the ‘Special Agreement Form’ at the time of registration for each semester.
3.    The out-of-county student (Maryland resident) will provide documentation from his/her local community college if the program is unavailable due to the program meeting or exceeding enrollment capacity, if applicable.

Points of Understanding

1.    The out-of-county student (Maryland resident) must be enrolled in an eligible program(s) of study.
2.    An out-of-county student (Maryland resident) who enrolls in an eligible program(s) of study may register at Cecil College and pay the in-county tuition and fee rates provided the program is unavailable at the student’s local community college or, if available, the program is unavailable to a qualified student due to the program meeting or exceeding enrollment capacity.
3.    The course/s in which the student enrolls must be required in his/her program of study.  A student may not receive the in-county tuition rate for developmental course/s.
4.    The residency code will be determined by the legal address of the eligible student.  A journal entry will reflect the change in the tuition rate.

The out-of-county student (Maryland resident) who changes his/her program of study to a statewide program will be eligible to receive in-county rates for future enrollment in applicable courses. 

Title IX

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Sec. 1681, et seq., and its implementing regulations, 34 C.F. R. Part 106, is a federal law that prohibits discrimination on the basis of sex in any federally funded program or activity. In compliance with Title IX, Cecil College prohibits sex discrimination, inclusive of sexual harassment and sexual assault.

An individual who wishes to report a concern or complaint relating to discrimination or harassment may do so by contacting the College’s Title IX coordinator:

Dr. Kimberly Joyce
Vice President of Student Services and Enrollment Management
Cecil College
One Seahawk Drive
North East, MD 21901
(410) 287-1022

The Title IX coordinator can provide information regarding both informal dispute resolution processes and formal complaint options.

Individuals with complaints of this nature also have the right to file a formal complaint with the United States Department of Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453.6012
TDD#: (877) 521.2172
Email: OCR@ed.gov
Web: www.ed.gov/ocr

Tobacco Free Policy

Policy

Cecil College is dedicated to promoting a healthy and productive environment for students, faculty, staff, visitors, contractors, and guests. The Tobacco-Free Campus Policy is intended to reduce the health risks associated with smoking and secondhand smoke, demonstrate best healthcare practices, and promote a campus culture of wellness. Smoking and all uses of tobacco products shall be prohibited from all Cecil College owned and leased properties and facilities, including but not limited to parking lots, courtyards, entrance and exit ways, vehicles, sidewalks, common areas, grounds, and athletic facilities. Use of any tobacco product in College owned or leased vehicles is also prohibited. For purpose of this policy, tobacco use is defined as any lighted or unlighted cigarette, cigar, pipe, or smoking product (including smokeless tobacco and electronic cigarettes) in any form.

Procedures

The effectiveness of the Tobacco-Free Campus Policy depends on the consideration and cooperation of the entire college community including both tobacco users and non-tobacco users. It is the responsibility of the college community, as well as visitors to the college, to observe the policy and to refrain from using tobacco and smoking products on campus.

Employees and students who violate the Tobacco-Free Campus Policy will be reminded that there is a College policy against using tobacco products on campus. Information will be made available regarding the tobacco free policy including options for cessation assistance should they be interested.

Tuition Refund and Appeals Policy for Credit Courses

Policy:

A full refund of all tuition and fees, will be made to students whose classes are canceled and to students who must withdraw from classes due to an extended disruption of service, which prohibits the College from holding classes.

For students who withdraw from classes, the following schedule applies:

SESSIONS OF FOUR (4) WEEKS OR LONGER

100% refund through the 10% date, which is calculated from the start date of the session.

0% refund after the 10% date, except for students called to military duty or for students in special programs who are withdrawn by the College early in the semester due to program requirements.

APPEALS

After the 10% date, appeals will be reviewed for refunds based on extraordinary or exceptional circumstances, such as a life-altering illness or accident which prevents a student’s continuation in class. Such appeals should be addressed, in writing, with documentation, to the Registrar.

However, because of state funding regulations, no refunds will be given to students who withdraw from class after the 20% date.

SESSIONS OF LESS THAN FOUR (4) WEEKS

0% refund from the start date of the session with the exceptions noted above. Also see discussion of appeals above.

Victims of Human Trafficking

Refer to Tuition Waiver for Victims of Human Trafficking .