Student Policies Procedures and General Campus Information

Academic Freedom

The Alabama Community College System supports academic freedom. In the development of knowledge, research endeavors, and creative activities, faculty and students must be free to cultivate a spirit of inquiry and scholarly criticism. Faculty members are entitled to freedom in the classroom in discussing discipline related subjects. Faculty and students must be able to examine ideas in an atmosphere of freedom and confidence. At no time shall the principle of academic freedom prevent the institution from taking proper efforts to assure the best possible instruction for all students in accordance with the admission and objectives of the institution.

Family Education Rights and Privacy Act Notice - FERPA

Drake State protects the security, confidentiality, and integrity of student records.

Drake State shall not permit access to or the release of education records or personally identifiable information contained therein, other than directory information as defined with the paragraph titled “Directory Information,” without the written consent of the student, to any party other than the following:

Other school officials and teachers of the college who have been determined by the college to have legitimate educational interests;
Officials of those schools or school systems in which the student seeks or intends to enroll, upon the condition that the student may receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;
Certain authorized representatives of federal departments/agencies or state educational authorities for purposes of audits, evaluative studies, etc. Data collected will be protected in a way that prevents personal identification except when specifically authorized by federal law. The data will be destroyed when no longer needed for such purposes in connection with a student’s application for, or receipt of, financial aid;
State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1974;
Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs and improving instruction, provided such studies do not permit the personal identification of students to be released to persons other than representatives of said organizations and providing that such information will be destroyed when no longer needed;
Accrediting organizations in order to carry out their accrediting functions; and
Pursuant to a lawful subpoena or court order; other appropriate persons in an emergency to protect the health or safety of the student or others.

Annual Notification of FERPA Rights

Drake State provides students an annual notice of their Family Educational Rights and Privacy Act (FERPA) rights. Students will be notified by publication of the regulations in the College Catalog/Student Handbook, Annual Security Report and College’s Website.

Directory Information

The following information with respect to each student has been designated by the College as directory information, which may be made available to the public, absent a student’s request that any such information not be released:

Student’s name, address, telephone number;
Dates of attendance;
Educational agencies or institutions most recently attended by the student;
Program of study, degree desired and classification;
Participation in officially recognized activities, clubs, and organizations;
Degrees and awards received;
Enrollment status; and
Photographs.

If any student has an objection to any of the aforementioned information being released during any given semester or academic year, the student should notify the Registrar, in person or in writing, during the first three weeks of the respective semester or academic year.

Disclaimer: This policy statement is subject to change by any additional federal regulations or court decision that may modify and/or negate any portion of these regulations. This statement of policy will be published in the future in appropriate College publications.

Change of Major

Students who wish to change their major must complete a Change of Major form and submit to the Admissions Office in order to facilitate the change. Changes requested after the start of the current term will be effective at the start of the following term.

Exiting Student Follow Up

Once a student exits Drake State, the institution may collect and retain information pertaining to student employment. Questionnaires are sent directly to the former student, and students are asked to cooperate in this endeavor by accurately completing the questionnaire and returning it in an expedient manner. The information collected on an individual basis is kept confidential.

Drake State Online Bookstore

Students may purchase required books and supplies from the Online College Bookstore located on the College’s website. Books and supplies may be purchased with available student financial aid and other sponsored funds during the initial part of each term.

Students who purchased books from the Drake State Online Bookstore will have an opportunity to sell back books to our Online Bookstore when buybacks are applicable. For more information please visit drakestate.edu.

Student Identification Cards

All students are issued ID cards each academic year of enrollment. Students are encouraged to carry their ID card at all times. There is a $5.00 fee for replacement cards.

Assessment of Student Satisfaction

The institution measures the effectiveness of support services using periodic administration of the Ruffalo Noel Levitz Student Satisfaction index. Please visit the Institutional Effectiveness Office for more information.

Meeting with Students

The Student Services Division conducts individual and group student meetings regularly. These meetings provide an opportunity for regular interaction with students as well as to keep students informed of activities, services, and policies affecting the quality of their college experience. Such topics as financial aid, registration schedules, student competitions, student clubs, tutoring services, new programs, graduation plans, Spring Fling activities, and campus career fairs are among the items discussed at these meetings.

College Fundraising or College Solicitation Activities

Any fundraising or solicitation activity that employs the name, image, or reputation of Drake State in an effort to secure external financial contributions will be considered fundraising or solicitation in the name of the College and is subject to this policy.

All contributions are the property of Drake State. Any restrictions placed on donations will be included in the standard bookkeeping for the College. Only gifts, bequests, devises, endowments, trusts and similar funds that are designated for the use of Drake State consistent with the state goals and mission of the College will be considered for acceptance.

Restricted Gifts

Acceptance of a gift imposes a legal obligation to comply with the terms established by the donor. Therefore, it is necessary that the nature and extent of the obligation be clearly understood. For this reason, the terms of each restricted gift will be reviewed with the utmost care to ensure that the gift retains its original usefulness and beneficial qualities. Gifts deemed to be unacceptable because of the restrictions the donor has placed on its use shall be returned unto the donor. Criteria for determining a gift to be unacceptable include the following:

The purpose of the gift is inappropriate or not conducive to the best interest of the College; or
The gift obligates the College to undertake responsibilities, financial or otherwise, which it may not be capable of meeting for the period required by the terms of the gift

Athletics and Dormitories

Drake State does not maintain dormitories for students nor does the College engage in intercollegiate athletics.

Official Recognition of Campus Organizations

Procedure for Obtaining Official Recognition Chartering

The College encourages extracurricular activities that develop individual initiative, group leadership, and cooperation. Student organizations and activities must be faculty and/or staff sponsored and must be approved by the College President.

Any group wishing to organize on campus must receive permission from the Dean of Students and the President by submitting a written request for approval.

The following information should be included in the written request:

The name of organization;
A statement of purpose of the organization;
The membership eligibility requirements;
A list of officers by title and the specific function of each office;
A statement of terms of the officers and the time and method of election;
Proposed meeting schedule;
A statement of membership dues, including the amount and frequency of payment and provision for the disposition of any funds in the event of dissolution of the organization; and;
Names and titles of club advisor(s).

Temporary Recognition

Temporary recognition may be given to organizations upon the completion, submission, and approval of the above stated information. The organization must submit an official charter within one semester.

Review and Approval

A copy of the proposed constitution must be submitted to the Dean of Students for suggestions, recommendations, and approval. A written appeal may be made in the event that official recognition is withheld. The President of the College will make the final decision. A group may not sponsor activities during the time that its application for recognition is being considered or an appeal is being made. After receiving approval, any changes in advisors, or any amendment affecting the nature or purpose of the organization as originally stated must be approved by the Dean of Students.

Student Activities and Organizations

Students have the opportunity to participate in a variety of activities while matriculating at the College. The College embraces the belief that student activities serve to support the academic programs and provide students with the opportunity to develop the soft skills needed to be successful in the workplace. Those soft skills include good communication skills, the ability to work as a team, the opportunity to develop and demonstrate leadership skills.

Students are encouraged to participate in clubs and organizations. The following student organizations are available for students to develop team-building and leadership skills, to offer opportunities for skills competitions, and for building relationships with industry professionals:

Drake State Blue Eagle Student Ambassadors Program
Cyber Security Club
Entrepreneurship Club (E-Club)
International Association of Administrative Professionals
Medical Assisting Technology Club
National Technical Honor Society
Phi Beta Lambda
Phi Theta Kappa
S. C. O’Neal Library and Technology Center Book Club
Skills USA
Moon Village Association Club

Computer and Technology Acceptable Use Policy

Individuals are Fully Responsible for their own actions while using Drake State’s (Drake) “computer technology” (defined as Drake computers and computer-related equipment, programs, supplies, and network communications, including Internet access gained through Drake’s computer network). Users must respect the privacy and rights of others, and the integrity of both the hardware and software being used. Accordingly, users must assume responsibility for making the best possible use of access privileges and for not abusing them. Employee questions concerning access, acceptable and unacceptable use, should be directed to the Coordinator of IT Services. Student questions should be directed to the appropriate instructor or the Dean of Students.

Limited Access: Drake reserves the right to limit the access of any and all employees and students to certain software programs or directories. Each user is provided with a certain access level. A user may not access a computer without authorization or exceed authorized access. A user’s activity is restricted to access of only those programs or directories in that user’s respective access level. Likewise, a user may not obtain access to another level by means of another user’s access. Any user who exceeds their respective level, assists another user to gain access to an otherwise inaccessible level, or allows another user to gain access to an otherwise inaccessible level will be held accountable for the violation of this policy. A user may not continue to enter an access level which was previously assigned to the user but which has since been suspended, revoked, or otherwise continued.
No user may knowingly:

Use either Drake computer technology or personal technology to “break into” or “hack into” college or other computers and storage devices for the purpose of reading, copying, deleting, modifying or distributing data and/or information of others, or any other purpose;
Give passwords, access codes or other security level access information to others; Share personal or Drake e-mail accounts.

Internet Access: Any employee or student access to the Internet through Drake’s computer network is limited to the acceptable use as set out below. Likewise, any employee or student who accesses the Internet through Drake’s computer network for an unacceptable use or defined above or causes an unacceptable result will be held accountable for the violation.

The use of the Internet must be in support of education, research, college-related service activities, or college administration and consistent with the mission of Drake State of any material in violation of any federal or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. Any use of the Internet through Drake’s computer network for political advertisement or political lobbying is also strictly prohibited.

Users of the Internet through Drake’s computer network are expected to abide by the rules of network etiquette. Any swearing, vulgarities or other inappropriate language is prohibited. Users are also prohibited from revealing personal addresses or phone numbers of students or colleagues.

Users are hereby warned that electronic mail (e-mail) is not guaranteed to be private. Administrators who maintain the system do have access to all mail. Messages relating to or in support of illegal activities may be reported to the authorities.

Acceptable Use

It is acceptable to use Drake computer technology for purposes relating directly to education, educational research, college-related service activities, and administration of Drake.
Examples of acceptable use are:

Using the software/hardware only in the condition and settings provided by Drake. User may not modify software settings, to add or delete hardware components or modify software features, unless so instructed by appropriate college officials.
Using the network for the purpose of instructional support. This may include class assignments, research, skill development, and/or the production of materials used in the educational process.

Unacceptable Use

It is unacceptable to use Drake computer technology for any illegal purpose or to interfere with or disrupt other users, services or equipment. Such unacceptable use includes, but is not limited to, the following:

Engage in activities to damage or disrupt computer, computer system, network information, data or a program by such acts as virus creation and propagation, wasting system resources, or overloading networks with excessive data.
Engage in activities for the purpose of promoting personal gain and/or profit or use of college technology for organizations other than Drake.
Engage in any activity which is in violation of the Code of Alabama (1975) §§36-25-1 through 36-2530, as amended (the “State Ethics Law”), or which, in the opinion of the Drake Administration, may be contrary to such law.
Use of any computer technology in a manner that violates patent protection or license agreements.
Engage in any activity that violates any and all copyright laws. Such activity may include utilizing Drake technology to copy and/or distribute copyrighted materials of any type that the user does not have a valid and legal right to copy.
Engage in any use that is illegal or results in the commission of any illegal activity.
Use Drake computer technology to support or oppose any candidates or candidates for public office, or for any other political purpose. (Use of State property for political purposes is against Alabama law.)
Transmit messages of a romantic or sexual nature to any person or persons.
Create, display, transmit or make accessible threatening, racist, sexist, offensive, annoying, or harassing language and/or material.
Knowingly access or transmit information which contains obscene or indecent material as defined by law.
Knowingly perform an act, which will interfere with the normal operation or use of computers, terminals, peripherals, or networks.
Create copies, or take into the user’s personal possession copies of Drake owned software and/or hardware technology such as computers, components, disks, or peripherals.
Using another person’s computer account or allowing someone else to use your account (e-mail, secure systems, etc.).
Share personal or Drake e-mail accounts.
Masking the identity of an account or machine or in any manner misrepresenting your identity in email or other electronic communication.
Communicating any information concerning password, identifying code, personal identification number or other confidential information without the permission of its owner.
Creating, modifying, executing or re-transmitting any computer program or instructions intended to obscure the true identity of the sender of electronic mail or electronic messages, collectively referred to as “Messages,” including, but not limited to, forgery or Messages and/or alteration of system and/or user data used to identify the sender of Messages.
Attempts to gain unauthorized access to any information facility, whether successful or not. This includes running programs that attempt to calculate or guess passwords, or that are designed and crafted to trick other users into disclosing their passwords, and any attempts to circumvent data protection schemes or uncover security loopholes. It also includes electronic eavesdropping or communication facilities.

Access is a Privilege, not a Right: Drake State reserves the right to deny the privilege of the use of any or all types of computer technology to individuals who violate this Acceptable Use Policy. Users may also be held accountable for violations of Federal and/or Alabama Laws (i.e., Computer-Related Crime, etc.). Violations of this policy may result in the termination or suspension of employment, suspension of computing privileges, disciplinary review, any other forms of employee or student discipline, and/or financial restitution to Drake State for any damages and costs related to inappropriate or unacceptable use, and/or criminal or civil legal action. Drake State reserves the right to modify or clarify this policy at any time.

Computer Crimes: The Alabama Computer Crime Act, codified at Code of Alabama (1975) §§13A-8-101 – 13A-8103, makes it a crime for a person to damage, or without authorization to modify, computer equipment, computer networks, and computer programs and supplies or without authorization to access, examine, or use computer data and programs, and provides for punishment up to a Class B Felony (imprisonment for 2-20 years and/or a fine up to $10,000 or double the damage or loss to the victim). Federal law also makes it a crime to without authorization access level to computers or computer networks devoted in part to Federal purposes. Any violation of such State or Federal laws respecting computers shall also constitute a violation of the Drake State Computer Technology Acceptable Use Policy. Furthermore, this policy prohibits various actions (described above) which may or may not constitute a crime.

It is not acceptable to use DrakeMail in such a way as to interfere with or disrupt network users, services, or equipment. DrakeMail resources may not be used in the following manner.

To generate or facilitate unsolicited commercial e-mail (“spam”). Such activity includes, but is not limited to:

Sending e-mail in violation of the CAN-SPAM Act or any other applicable anti-spam law.
Imitating or impersonating another person or his/her e-mail address.
Sending e-mails to users who have requested to be removed from a mailing list.
Selling, exchanging, or distributing to a third party the e-mail addresses of any person without such person's knowledge and continued consent to such disclosure.
Distributing unsolicited e-mails to significant numbers of e-mail addresses belonging to individuals and/or entities with whom you have no pre-existing relationship.

To send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
To intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of destructive or deceptive nature.
To conduct or forward pyramid schemes and the like.
To transmit content that may be harmful to minors.
To impersonate another person (via the use of an e-mail address or otherwise) or otherwise misrepresent yourself or the source of any e-mail.
To illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission.
To use DrakeMail to violate the legal rights (such as rights of privacy and publicity) of others.
To promote or encourage illegal activity.
To interfere with other DrakeMail users’ enjoyment of the service.
To conduct commercial activities and other activities conducted for personal gain.
To promote religious or political causes or to promote fundraising or lobbying.
Solicitations not approved by the College.
Vandalism and mischief that incapacitates, compromises, or destroys college resources and/or violates federal and/or state laws.
Violating software copyrights and usage licensing agreements.
Violating any federal, state, or local law/regulation, or college policy/procedure.

Intellectual Property Rights

A student has the right to trademark or copyright any literary material and to patent any inventions unless duties of the courses enrolled in, or the College, charges the student with, or includes, the duty of producing material for the College to copyright or trademark, or to develop an invention for the College to patent. A student is entitled to all profits earned from copyrighted or trademarked materials or patented inventions developed exclusively on the student’s time and without the use of College funds, materials, or facilities.

Copyrighted or trademarked material or patented inventions developed totally or partially on College time with the use of College materials or facilities or with College funding shall be owned by the College.

Student Code of Conduct

General Policy

The Drake State Student Code of Conduct provides the standards of conduct by which students and organizations are expected to abide. Enrollment and affiliation with the College in no way relinquishes the right nor provides an escape of responsibilities of local, state, or federal laws and regulations.

The conduct of each student and organization is to conform with the standards of common decency, with respect being given to the rights and property of others. The Student Code of Conduct is applicable to conduct which occurs on the College premises or which occurs while participating in official College sanctioned activities. A student may be disciplined and may be found in violation of the Student Code of Conduct for the following:

Dishonesty, cheating, forgery, plagiarism, misrepresentation, or alteration of College documents, records, or identification;
Disruptive or disorderly conduct including rioting, inciting to riot, assembling to riot, raiding, inciting to raid, and assembling to raid;
Disorderly conduct which interferes with the rights and opportunities of those who attend the College for the explicit purpose for which the college exists;
Profanity and/or obscene language or conduct;
Threats (verbal or written); physical abuse, intimidation, and physical or mental harassment;
Harassment, intimidation, physical assault or sexual assault;
Possession while on College-owned or controlled property of firearms, explosives or other dangerous instruments/devices;
Possession, sale, or consumption of alcoholic beverages or controlled substances on College property or at a College or student sponsored event; being under the influence of alcoholic beverages or controlled substances on College property or at a student or College sponsored event;
Theft, accessory of theft, or being in possession of stolen property;
Trespassing or unauthorized entry;
Lewd, obscene, licentious, indecent or inappropriate dress;
Improper use of the internet or other computer technology made available for student use;
Violation of written College rules, policies, and regulations;
Violation of the College Computer Usage, Email and Internet Acceptable Use Policies; and
Conviction of any misdemeanor or felony which adversely affects the educational environment of the College;

Failure to comply with the authority of College officials acting within the capacity of their positions or any other activity or conduct not specifically stated herein which impairs or endangers any person or property of the College is considered to be in violation of the rules and regulations of the College.

Drake State is committed to assuring that its employees and students work and learn in an environment free from discrimination and/or sexual harassment.

Discrimination means making a difference in treatment in any service, program, course or facility for Drake State on the basis of race, color, creed, gender, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status.

Harassment means the use of verbal or physical conduct which does the following:

Has the purpose or effect of creating an intimidating, hostile, or offensive academic or employment environment;
Has the purpose or effect of unreasonable interference with an individual’s academic or employment performance;
Otherwise adversely affects academic or employment progress. The term “harassment” encompasses “sexual harassment,” which means unwelcome sexual advances, unwelcome physical contact of a sexual nature, unwelcome requests for sexual favors, and other verbal or physical conduct of a sexual nature (including, but not limited to, the deliberate repeated making of unsolicited gestures or comments, or the deliberate or repeated display of sexually graphic materials, which are not necessary for educational purposes), when the following conditions exist:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s status as a student or employee;
Submission to or rejection of such conduct by an individual is used as a basis for enrollment, rating, or grading of a student or employee;
Such conduct has the purpose or effect of substantially interfering with an individual’s academic or work progress, or creating an intimidating, hostile, or offensive academic or work environment.

Nondiscrimination Policy Statement

The following policy reflects Drake State’s commitment to equal opportunities in education and employment:

No person shall be denied employment, excluded from partaking in, denied the benefits of, or subjected to discrimination in any program, activity, or employment on the basis of gender, race, color, disability, religion, national origin, age or ethnic group.

Drake State complies with nondiscriminatory regulations under Title VII of the Civil Rights Act of 1964, Title IX Educational Amendment of 1972, which prohibits discrimination based on sex; Title IX, Section 106.8 , which prohibits sexual harassment; Section 504 of the Rehabilitation Act of 1973, which prohibits violations of the rights of the disabled; and Title VI, which prohibits discrimination based on race, color, or national origin, and the Americans with Disabilities Act (ADA) of 1990, covering policies for public accommodations for disabled individuals.

Individuals or any class of individuals who believe that they have been subjected to discrimination prohibited by Titles II, VI, VII, IX, and Section 504 (ADA), may contact the college’s Title IX Coordinators.

Melonie Gurley (employees)

Human Resource Coordinator

Building 500

3421 Meridian St. N

Huntsville, AL 35811

256-551-3129

melonie.gurley@drakestate.edu

Adrienne Matthews (students)

Student Success Specialist/ ADA

Library, 2nd Floor

3421 Meridian St N.

Huntsville, AL 35811

(256) 551-7264

adrienne.matthews@drakestate.edu

Standards of Conduct and Enforcement Thereof

For a student, the disciplinary action may include, but shall not be limited to, suspension or expulsion. For an employee, such administrative or disciplinary action may include, but shall not be limited to reprimand, suspension or termination of employment, or requirement that the employee participate in and/or successfully complete an appropriate rehabilitation program. Any visitor engaging in any act prohibited by this policy shall be called upon to immediately refrain from such behavior and/or leave the premises.

If any employee, student, or visitor engages in any behavior prohibited by this policy (which is also a violation of Federal, State, or local law or ordinance), that employee, student, or visitor shall be subject to referral to law enforcement officials for arrest and prosecution.

Due Process of Student Disciplinary Cases

Drake State Community and Technical College is committed to ensuring an environment for all employees and students, which is fair, humane, and respectful. The College assures each student that no action will be taken on grounds that are not supported by academic policies and procedures.

Emphasis will be placed upon achieving an equitable resolution to problems rather than seeking to emphasize guilt or punishment. Students are guaranteed procedural due process in situations involving severe disciplinary problems. The following procedures will be followed:

Procedure for Bringing Charges

Any student, faculty member or administrator may file a charge in writing against a student for misconduct. The charge is to be filed with the Dean of Students.
The complainant must file with the Dean of Students within thirty (30) calendar days following the date of the alleged violation(s). Upon receipt of the charge, the Dean will provide the student with a written statement of the charges and determine the course of action regarding the accusations. During this stage, the accused may admit to the charge and waive the right to the Hearing Board, and disciplinary action will be determined by the Dean of Students.
If disciplinary proceedings appear warranted, the Dean of Students will set a date, time and place for the hearing, and the accused will be informed by written notice at least two (2) days before the hearing. Anytime up until the day of the hearing, the accused may waive the right to a hearing, admit the charge and have the punishment be decided by the Dean of Students. Under such circumstances, the accused will be informed of the disciplinary action within five (5) days.
Any student whose presence poses a possible danger to persons or property of the College or an ongoing threat of disrupting the academic process may be removed from the campus immediately.
Written notification of the date, time, and place of the hearing shall be sent to the student within five days of a complaint being filed.
A Disciplinary Committee comprised of the Dean of Students, faculty, staff and a student representative will be selected to hear each disciplinary case.
The Dean of Students will notify the student(s) in writing of the results and findings of the Student Disciplinary Committee and the course of appeal to the President.

Disciplinary Sanctions

Upon the determination that a student(s) has violated any of the rules, regulations, or guidelines set forth in this Code, the following disciplinary sanctions may be imposed, either singly or in combination by the appropriate College officials:

Censure – A statement to the offender that he/she has violated College regulations and of the possibility of more stringent disciplinary actions in the event of future violations.
Restitution – Reimbursement for damage or misappropriation.
Disciplinary Probation – Students placed on probation will be notified of such in writing and will also be notified of the terms and length of the probation. Probation may include restrictions upon the extracurricular activities of the student. Any conduct in violation of this Code while on probationary status may result in the imposition of further action.
Suspension – Students who are suspended are deprived of student status and are separated from the College for a stated period of time. The suspension shall appear on the student’s disciplinary record.
Expulsion – Termination of student status for a definite or indefinite period. The conditions of readmission, if any, shall be stated in writing to the student.

Student Complaint Grievance and Appeal Policy

Drake State recognizes that in order to efficiently and effectively carry out its mission, its students must feel confident that any valid complaint or grievance a student may make concerning the college will be promptly addressed by the appropriate authorities. Therefore, the following procedures for resolving such complaints and grievances have been adopted by Drake State Community and Technical College.

The Drake State Student Handbook defines the initial steps to solve a complaint, as well as defines sexual harassment, discrimination, and grievance as follows:

Complaints - Academic or non-academic areas of dissatisfaction with instructional or support services. Examples of academic complaints include a disputed course grade, faculty performance, or course information. Examples of non-academic complaints include a disputed late registration fee, delivery of support services, or student conduct.
Sexual Harassment- Inappropriate introduction of sexual activities or comments into the workplace or learning environment. While sexual harassment may involve relationships among equals, it often involves relationships of unequal power, giving rise to elements of coercion centered on sexual activity for opportunities of benefit such as improved job or academic status.
Discrimination- Difference in treatment in any service, program, course or facility on the basis of race, color, creed, gender, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status, or parental status.
Grievance - An unresolved complaint shall be termed a "grievance." A student who submits a complaint to the appropriate College officials and who is not satisfied with the plan of resolution

Student Grievance Procedure involving Discrimination Sexual Harassment and Rights of the Disabled

Introduction

Drake State promotes the exchange of ideas among all members of the college community including students, faculty, staff, and administration. An environment conducive to open exchange of ideas is essential to intellectual growth and positive change. However, the College recognizes that, at times, people may have differences which they are unable or unwilling to resolve themselves, and that employees and students must feel confident that the appropriate authorities will promptly address a valid complaint or grievance concerning the College.

Provided, however, that if a complaint is in the form of an alleged violation of Title IX of the Education Amendments of 1972, the student shall file the complaint with the Title IX Coordinator (Students) using the grievance procedure adopted by the State Board of Education for Title IX grievances. That procedure can be found at Alabama Community College System Policy No. 620.0. In the event that there is a hearing on a Title IX grievance, the hearing procedure shall be the same as stated herein below.

Title IX provides that “No person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” If the student is uncertain as to whether his or her complaint would be covered by Title IX, the student shall meet with the Dean of Students to make that determination.

Anti-Harassment Policy

Drake State has a commitment to providing both employment and educational environments free of harassment or discrimination related to an individual’s race, color, gender, religion, national origin, age, or disability. Not only is such harassment or discrimination a violation of the policies of the Alabama Community College System, it is an institutional policy that any practice or behavior that constitutes such harassment or discrimination shall not be tolerated on Drake State’s campus, or in any division or department, by any employee, student, agent, or non-employee on any College property or while engaged in any College sponsored activity. It shall also be a violation of this policy for a person to engage in such harassment or discriminatory practice or behavior through the use of any College-owned or College controlled communication process, system or device.

For these purposes, the term “harassment” includes, but is not necessarily limited to:

Language, behavior, or other activity that has the intent or effect of unduly demeaning, embarrassing, or discomforting any person, or creating an environment that is unduly demeaning, embarrassing, or discomforting to any person or persons of reasonable sensitivity.
Harassment of employees or students by persons who are not employees or students shall also be a violation of this policy. Any employee or student who becomes aware of any such embarrassment shall report the incident(s) to the appropriate institutional official.

Such discrimination may or may not be in the form of harassment, per se. However, as with incidents of harassment, any employee or student who becomes aware of the unduly adverse treatment of any person on the basis of that person’s race, color, gender, religion, national origin, age, disability, or any other impermissible factor, shall report such situation to an appropriate College official.

Sexual harassment is a form of misconduct that is considered under the law to be both harassment and discrimination which is illegal under Title VII of the Civil Rights Act of 1964 for employees and under Title IX of the Education Amendments of 1972 for students. Sexual harassment does not refer to such innocent conduct as occasional compliments on another’s appearance; it refers to behavior with sexual connotations that would have the effect of interfering with, or the tendency to interfere with, the work, educational, or social environment of its victims. Sexual harassment may involve the behavior of a person of either sex toward a person of the opposite or the same sex, and occurs when it consists of unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational opportunities;
Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting that individual;
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive work or educational environment.

Sexual harassment may include, but is not be limited to, any of the following:

Physical assault, or attempted physical assault, of a sexual nature.
Direct propositions of a sexual nature;
Subtle pressure for sexual activity;
Threats or coercion used for the purpose of soliciting sexual favors;
Displaying pictures or other objects which are sexual in nature that would have the tendency to create a hostile or offensive environment and serve no legitimate business purpose;
Repeated conduct that has the effect of causing, or intent to cause, discomfort or humiliation, or both, that includes comments of a sexual nature or sexually explicit statements, questions, jokes, or anecdotes;
Repeated conduct that has the effect of causing, or the intent to cause, discomfort or humiliation in the form of:

touching, patting, pinching, hugging, or brushing against another’s body;
comments of a sexual nature about another’s clothing or appearance; or
remarks about sexual activity or prior sexual experiences.

Any student who is the victim, or intended victim, of sexual harassment should report the matter to the Title IX Coordinator (Students) as soon as possible after the situation occurs. If the matter is determined by the Title IX Coordinator to involve sexual harassment, it shall also be reported to the President of the College and to the Vice Chancellor for Legal and Human Resources, who shall also be kept informed of the progress and results of the investigation of the complaint. Any subsequent adverse treatment incurred by the reporting party that appears to be retaliation of, or related to, the report of sexual harassment should also be brought to the attention of the office of the Dean of Students. With further regard to relationships of a physical nature, Drake State employees determine the ethical and moral tone for this College through both their personal conduct and their job performance. Therefore, each employee must be dedicated to the ideals of honor and integrity in all public and personal relationships. Relationships between College personnel of different ranks which involve partiality, preferential treatment, or other improper use of position shall not be tolerated. Consensual amorous relationships that might be appropriate in other circumstances are inappropriate when they occur between an instructor and a student for whom he or she has responsibility, or between any supervisor and an employee where preferential treatment result. Furthermore, such relationships have the potential of undermining the atmosphere of trust on which the educational process depends. Implicit in the concept of professionalism is the recognition by those in positions of authority that in their relationships with students or subordinate employees there is always an element of power. Therefore, it is incumbent on those with authority not to abuse the power with which they are entrusted.

Steps Defined

In order to accommodate the resolution of such situations, Drake State offers the following grievance procedures as the appropriate course of action for settling disputes and resolving problems.

Initial Steps

Any student of Drake State who has a grievance against another student or a member of the Drake State faculty, staff, or administration concerning any form of discrimination (Title VI, Civil Rights Act of 1964), sexual harassment (Title IX of the Educational Amendments of 1972), or violation of the rights of the disabled (Sec. 504 of the Rehabilitation Act of 1973) should first attempt to resolve his/her situation with the individual involved. However, a student who believes herself or himself to have been subjected to sexual harassment is not required to first speak to or attempt to resolve the situation with the perpetrator of sexual harassment before filing a complaint. If for some reason resolution of the grievance is not possible, the student should make his/her grievance known to the immediate superior of the individual against whom the student has a grievance, and/or to the Title IX Coordinator (Students) in order to seek an informal resolution to the problem. If, after the discussion between the student and the respective College official or representative it is determined that the complaint is valid, the College official or representative will take appropriate action to resolve the complaint using a formal “plan of resolution.”

If the student’s complaint requires a formal “plan of resolution,” a written report must be submitted to the Dean of Students. The report shall be submitted by the College official or representative within ten business days of the initial complaint and shall detail the complaint and the plan to resolve the complaint. If a student’s complaint cannot be resolved in the manner described above, an unresolved complaint shall be termed a “grievance.”

Interim Resolution

If the Dean of Students should determine that the grievance is of a nature that there should be imposed an interim resolution pending the outcome of the grievance procedure, the Dean of tudents shall recommend such an interim resolution to the President or designee. The President or designee shall have the discretion to impose or not impose an interim resolution.

Formal Grievance Process

A student who submits a complaint to the appropriate College official or representative in the manner described above and who is not informed of a satisfactory resolution or plan of resolution within ten business days after the complaint’s initial submission shall have the right to file, within ten business days, a formal grievance statement. The written grievance statement shall be filed using Grievance Form A, which will be provided by the Grievance Officer and shall include the following information:

Date the original complaint was reported;
Name of the person to whom the original complaint was reported;
Facts of the complaint; and,
Action taken, if any, by the receiving official to resolve the complaint.

The grievance statement shall also contain any other information relevant to the grievance the Grievant wants to be considered by the Dean of Students. Any grievance must be filed within 45 calendar days of the occurrence of the alleged discriminatory act or the date of which the Grievant became aware that the discriminatory act took place
The Dean of Students will notify the student or a member of the Drake State faculty, staff or administration of the charge(s) against him/her within five business days of receiving the formal grievance statement. If after a reasonable attempt to notify the student, faculty member, staff member, or administrator of the charges against him/her, the Dean of Students is unable to do so, then the Dean of Students may suspend the student, or the President of the College or his/her designee may suspend with pay the faculty member, staff member, or administrator until a hearing is held and decision rendered.

The College shall have thirty (30) calendar days from the date of receipt by the Dean of Students of the grievance to conduct an investigation of the allegation(s), hold a hearing on the grievance, and submit a written report to the Grievant of the findings arising from the hearing. Grievance Form A shall be used to report both the grievance and the hearing findings

Investigation Procedure

The Dean of Students shall have the right to conduct such preliminary hearing(s) as the Dean of Students or designee shall deem necessary to complete his/her investigation. The Dean of Students shall conduct a factual investigation of the grievance allegations and shall research each applicable statute, regulation, and/or policy, if any. The Dean of Students shall determine, after completion of the investigation, whether or not there is substantial evidence to support the grievance. The factual findings in the investigation and the conclusion of the Dean of Students (Grievance Officer) shall be stated in a preliminary written report which shall be submitted to the Grievant and to the party or parties against whom the complaint was made and shall be made a part of the hearing record, if a hearing is subsequently conducted. Each of the parties shall have the opportunity to file written objections to any of the factual findings and, if there is a hearing, to make their objections part of the hearing record. If the Grievance Officer finds the grievance is supported by substantial evidence, he or she shall make a recommendation in the report as to how the grievance should be resolved. Upon the receipt of the Grievance Officer’s preliminary report, the Grievant and the Respondent shall have three (3) business days to notify the Grievance Officer of the respective party’s request for a hearing. The Dean of Students may, nevertheless, at his/her discretion, schedule a hearing on the grievance if to do so would be in the best interest of the College. In the event that no hearing is to be conducted, the Grievance Officer’s report shall be deemed a final report and shall be filed with the President, with a copy to be provided to the Grievant.

Hearing Procedure

In the event that the Dean of Students schedules a hearing, the Title IX Coordinator or designee will appoint a qualified five-person committee. The Dean of Students shall serve as the nonvoting chairperson. A quorum shall consist of four members of the committee and the chairperson. Unless the President determines otherwise, or both parties agree in writing for the hearing to be public, the hearing shall not be open to the public.

At the hearing, the Grievant and the Respondent(s) shall be read the grievance statement. After the grievance is read into the record, the Grievant shall have the opportunity to present such oral testimony and offer such other supporting evidence as he/she shall deem appropriate to his/her claim. Each Respondent shall then be given the opportunity to present such testimony and offer such other evidence as he/she deems appropriate to the Respondent’s defense against the grievance. In the event that the College, or the administration of the College at large, is the party against whom the grievance is filed, the President shall designate a representative to appear at the hearing on behalf of the College.

Any party to a grievance hearing shall have the right to retain, at the respective party’s own cost, the assistance of legal counsel or other personal representative. However, the respective attorney or personal representative, if any, shall act in an advisory role only and shall not be allowed to address the hearing body or question any witness. In the event that the College or its administration at large is the Respondent, the College representative shall not be an attorney or use an attorney unless the Grievant is also permitted to be assisted by an attorney or other personal representative.

A student does not forfeit any of his/her constitutional rights upon his/her admission into Drake State, nor does a faculty member, staff member, or administrator forfeit his/her constitutional rights upon employment with Drake State. The Committee shall not have the authority to compel any witness to testify. However, insofar as it is not contrary to law, the Committee may take into account the refusal of a witness to testify when deliberating the evidence. With regard to a College employee, the President shall have the authority to direct the employee to testify at a hearing if, in the discretion of the President, such testimony could be material to an accurate determination of the facts in the case.

The hearing shall be recorded by either a court reporter or on audio or video tape or by other electronic recording medium. In addition, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record.

Report of Findings and Conclusions

Within five (5) working days following the hearing, there shall be a written report from the chairperson on the findings of the hearing committee (with a copy forwarded to the President, the Grievant, and each Respondent). The report shall contain at least the following:

Date and place of the hearing;
The name of each member of the hearing committee;
A list of all witnesses for all parties to the grievance;
Findings of facts relevant to the grievance;
Conclusions of law, regulations, or policy relevant to the grievance; 6. Recommendations(s) arising from the grievance and the hearing thereon.

Resolution of Grievance

In the event of a finding by the Committee that the grievance was supported, in whole or in part, by the evidence presented, the Dean of Students shall meet with the Grievant, the Respondent(s) and the appropriate College representative(s) and attempt to bring about a reasonable agreed-upon resolution of the grievance. If there is no mutual resolution, the President shall impose a resolution of the grievance which shall be final and binding.

Appeal Procedure

The President of Drake State shall be the appeal authority in upholding, rejecting, or modifying the recommendations of the Grievance Committee. The President shall not be bound in any manner by the recommendation(s) of the hearing committee, but shall take it (them) into consideration in imposing his/her decision. The charged student, faculty member, staff member, or administrator may file a written request with the Title IX Coordinator and Dean of Students requesting that the President of the College review the decision of the Grievance Committee. The written request must be filed within 15 calendar days following the party’s receipt of the hearing report. If the appeal is not filed by the close of business on the fifteenth day following the party’s receipt of the report, the party’s opportunity to appeal shall have been waived. If the appeal does not contain clear and specific objections to the hearing report, it shall be denied by the President. The President of the College shall issue his/her opinion to accept, reject, or modify the decision of the Grievance Committee within 15 calendar days of the initiation of the appeal process. If the decision of the Grievance Committee does not satisfy the complainant and should the grievance allege discrimination (Title VI), sexual harassment (Title IX), or violation of the rights of the handicapped (Sec. 504), the complainant may file a written grievance with:

The Alabama Community College System pursuant to Alabama Community College System policies and procedures, with respect to Title IX violations;

If, after exhausting all available institutional processes, a student’s complaint remains unresolved, the student may appeal to the Alabama Community College System using the System’s official Student Complaint Form or at the ACCS website (www.accs.edu). Students may submit completed complaint forms by printing the form, signing it, and then either scanning it and emailing it to complaints@accs.edu or mailing it to:
- Alabama Community College System
  Attention: Office of the Vice Chancellor for Instructional and Student Services
  P.O. Box 302130 Montgomery, AL 36130-2130

The Vice Chancellor for Instructional and Student Services or an appropriate administrator designated by the Vice Chancellor will investigate the complaint within 30 days of receipt.
The institution which is the subject of complaint has 30 days to provide a written response to questions and/or concerns raised during the investigation. Such response may or may not contain a resolution.
The Vice Chancellor or designated administrator will adjudicate the matter and write a report or letter to the institution and student detailing corrective action, if any is necessary, or stating that the school has no violation of policies.
If corrective action is needed the institution will have 30 days to comply or develop a plan to comply with the corrective action.
The System Office will monitor the institution’s compliance to ensure the completion of any required corrective action.
The regional office of the Office of Civil Rights of the U.S. Department of Education within 180 days of the discriminatory act;
The Equal Employment Opportunity Commission within 180 days of the discriminatory act.

Exception

When a complainant or grievant complains of, asserts the existence of, or indicates the possibility of sexual harassment violation of the law, Drake State policy, or standards of appropriate conduct, the President may, in his/her discretion, determine that the matter will not be resolved through procedures set forth above, but will be reasonably, appropriately, and promptly investigated and resolved by the College pursuant to such process as the President determines in accordance with the College’s objective of maintaining a work and educational environment free from sexual harassment.

Complaint Policy for Veteran Affairs -VA Students

Any complaint against the school should be routed through the VA GI Bill® Feedback System by going to the following link: http://www.benefits.va.gov/GIBILL/Feedback.asp. The VA will then follow up through the appropriate channels to investigate the complaint and resolve it satisfactorily.

GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government website at https://www.benefits.va.gov/gibill.