Policies

Nondiscrimination

It is the policy of Kirtland Community College that no person shall, on the basis of race, color, religion, national origin or ancestry, age, sex, disability, physical proportions, sexual orientation, marital status, or genetic information be excluded from participation in, be denied the benefits of, or be subjected to, discrimination during any program, activity, service, or in employment. For information, or to register a grievance, contact the Office of Human Resources, 4800 W 4 Mile Road, Grayling, MI 49738, 989-275-5000 x 239,  or hr@kirtland.edu.

A grievance may also be initiated by completing the BIT Form, located on the college’s website at: https://publicdocs.maxient.com/incidentreport.php?KirtlandCC

Harassment

It is the policy of Kirtland Community College, consistent with its efforts to foster an environment of respect for the dignity and worth of all members of the college community, that harassment, in any form, of students, employees, or other individuals at Kirtland Community College is unacceptable and impermissible conduct which will not be tolerated. Harassment is any statement or conduct which constitutes an illegal quid pro quo (an unwelcome demand for an exchange of favors), or otherwise creates or fosters an intimidating, hostile, or offensive campus environment. Anyone facing an immediate physical threat should contact the Department of Public Safety at extension 283 (emergency extension, 355). For more information, or to file a harassment complaint, please contact the Office of Human Resources, 4800 W 4 Mile Road, Grayling, MI 49738, 989-275-5000 x 239, or hr@kirtland.edu. A grievance may also be initiated by completing the BIT Form, located on the college’s website at: https://publicdocs.maxient.com/incidentreport.php?KirtlandCC.

Kirtland’s policies on nondiscrimination and harassment are consistent with federal and state statutes that prohibit discrimination against employees and require fair and equal treatment of students, including Titles VII and IX of Civil Rights Act of 1964 and the Michigan Elliot-Larsen Civil Rights Act, 1976, which prohibit discrimination because of race, color, religion, sex, disability, marital status, age, height, weight, national original or ancestry, Vietnam-era veteran status, or other protected category under Michigan and federal law.

Procedure for Reporting Discrimination

Option 1: Informal

The College encourages informal resolution of complaints. If appropriate, you may first discuss the complaint directly with the individual against whom the complaint is made. If the alleged discrimination involves a department or unit rather than an individual, you may discuss the complaint with a representative of that department/unit. If the complaint is not resolved as a result of this discussion, or if you do not wish to proceed informally, you should proceed to Option 2.

Option 2: Formal

File a complaint with Kirtland Community College’s Office of Human Resources. If this office includes the person alleged to have discriminated, the complaint may be filed directly with the president of the college. The complaint must be in writing and include your name and address, the nature of the alleged violation, names of persons responsible for the alleged violation (where known), requested relief or corrective action, and any background information you believe to be relevant (e.g. witnesses to the alleged violation, name or groups of other persons who may be affected, etc.).

A complaint should be filed in a timely manner following an alleged violation. The college will take affirmative steps to comply with non-discrimination policies at any time a violation becomes known, but may not be able to address a specific instance of alleged violation if the passage of time has rendered memories unclear and relevant documentation is lacking. If you believe you have been improperly discriminated against, you are urged to initiate either option within a week. Upon receipt of the complaint, the college will immediately conduct an investigation. All parties related to the complaint will be afforded the opportunity to submit evidence (including statements from witnesses) relevant to the complaint. The investigation will be completed within 20 working days and a statement of findings will be issued to you and to the individual or department/unit against whom the complaint is made.

If the college determines that the allegations of discrimination have merit, a proposed resolution according to law and college policy will be submitted to the parties involved. If the proposed recommendations are acceptable to you and the solutions are implemented, the complaint is considered resolved.

You may request a reconsideration of the case (an appeal) in instances where you are dissatisfied with the resolution. The request for consideration should be filed in the President’s Office within 10 working days of receipt of the resolution, or as soon as possible following evidence the accepted solution has not been implemented. The president will review the request and issue a final resolution in a timely manner. The decision of the president is final.

Anyone at any time may contact the following:

Complaints of discrimination will be treated as confidentially as possible, recognizing the potential need to notify the alleged perpetrator of the facts relative to the alleged violation, contact and interview witnesses and other knowledgeable parties, inform key staff of issues required for compliance, and reply to any state or federal agencies who may have been informed of the alleged violation.

Tobacco-free Policy

In compliance with state and federal law, and to promote a healthy learning and work environment, Kirtland Community College will reduce student, guest and employee exposure to tobacco products.

• Smoking, distribution, or use of any tobacco products is prohibited in all leased or owned college facilities.
• Smoking or use of any tobacco products is prohibited in college vehicles.
• Smoking or use of any tobacco products on leased or owned college grounds may occur only in personal vehicles.
• The sale of tobacco products is prohibited in and on all leased or owned college facilities and grounds.

This policy applies to the smoking of electronic cigarettes (e-cigarettes), electronic vaping devices, inhaled nicotine delivery systems, and other similar devises which involve or simulate the smoking of tobacco products.

Drug-free Learning Environment

Kirtland Community College recognizes that the use of illicit substances is wrong and harmful to the physical, social, and emotional well-being of its students and directly affects their ability to learn, function, and be successful in school. Therefore, the college has adopted and implemented policies which promote drug prevention and education, and which prohibit the unlawful possession, use, distribution, or being under the influence of illicit substances by all students on school premises or as part of any school business, activity, or function. Specific information on standards of conduct, disciplinary sanctions, and other aspects of this policy are available in other sections of this catalog (please refer to the “Student Code of Conduct”), other appropriate publications, and from the Student Success Center Office. Please contact this office for more detailed information about drug and alcohol counseling, rehabilitation, and/or re-entry programs.

Privacy of Student Records

The college complies fully with the Family Educational Rights and Privacy Act of 1974, also known as FERPA, which is designed to protect the privacy of student educational records. For more information regarding the confidentiality of records or release of student information contact the Registrar’s Office located in the Student Service Office in the Student Academic Center, or call 989-275-5000, extension 291. For details of the rights, please refer to “Student Right to Know.”

Social Security Number

The college asks for the student’s Social Security number at time of admission to verify identification. The college shall obtain social security numbers from individuals for a valid business purpose only, and shall ensure to the extent practicable the confidentiality of social security numbers in its possession. The college prohibits unlawful disclosure of social security numbers and prescribes limits on who has access to information or documents that contain social security numbers. Documents containing social security numbers shall be properly disposed of, and the college provides penalties for violation of the privacy policy.

For identification purposes, a college-wide unique identification number (UIN) will be individually assigned to all students, employees, and other associated individuals, such as contractors or consultants. The UIN will be considered a public piece of information. This UIN will be assigned at the earliest possible point of contact between the individual and the college. The UIN will be used in all electronic and paper data systems to identify, track, and service individuals associated with the college. It will be permanently and uniquely associated with the individual to whom it is originally assigned.

Rights and Responsibilities of Students

Kirtland Community College recognizes those enrolled in a course or program of study as being students and, therefore, members of the academic community. As members of this community, they are subject to the obligations which accrue to them by virtue of this membership. While enjoying freedoms of speech, peaceful assembly, right of petition, and the right of due process, all students are expected to conduct themselves in a manner that will reflect favorably on them, the community and Kirtland Community College.

Academic Freedom

The student in the classroom and in conference should enjoy free discussion, inquiry and expression. Student performance shall be evaluated on an academic basis, as defined in the syllabus for each course.

1. Protection of Freedom of Expression:
   Students shall be free, and be encouraged to offer opinions and insights in any course of study and be allowed to reserve judgment about matters of opinion expressed by the instructor or other students. Also, students are responsible for learning the content of any course of study for which they are enrolled.
2. Protection Against Improper Academic Evaluation:
   Students shall have protection through due process against prejudiced or capricious academic evaluation. At the same time, they are responsible for maintaining standards of academic performance established for each course in which they are enrolled. Students may use the procedures outlined under “Procedure for Academic Due Process” when a dispute over grades occurs.

Freedom of Assembly

No person or persons shall assemble in a manner which obstructs the free movements of persons about the college or the free normal use of the college buildings and facilities, or prevent or obstruct the normal operations of the college.

Right to Due Process

An individual charged with a violation of the student code of conduct has the right to due process. A student who is dissatisfied with an academic decision also has the right to due process. Due process at Kirtland Community College means that a student is assured that his/her rights as a student will be protected. Further, and specifically, a student has the right:

1. To be informed in writing of the specific charges and the grounds for such charges.
2. To have a chosen advisor, counselor or lawyer (at the student’s own expense) present for advice before, during and/or after the hearing. The role of this individual is limited to an advisory capacity with no right of cross-examination.
3. To be present at the hearing, if desired.
4. To exercise the privilege against self-incrimination.
5. To hear or examine evidence presented to the committee reviewing the case and to present evidence by witnesses or affidavit of any defense the student desires. Further, the student shall be given the opportunity to cross-examine witnesses.
6. To be informed in writing of the Committee’s recommendation to the appropriate vice president.
7. To appeal the Committee’s decision to the President.
8. To waive the right of a formal hearing before the Committee and to have the case heard by the appropriate vice president.

Laws, Regulations and College Policy

Students shall obey the laws enacted by federal, state and local governments, as well as the policies and regulations of Kirtland Community College. If a student is charged with a misdemeanor or felony, the college will fully cooperate with civil authorities while recognizing the student’s rights under the Family Educational Rights to Privacy Act (“FERPA”)

Note: Under FERPA, an educational institution, including a community college, may not disclose personally identifiable information found in a student’s education record to law enforcement officials, unless such disclosure is “to comply with a judicial order or lawfully issued subpoena.” In such a situation, the college must make a reasonable effort to notify the parent or student of the order or subpoena in advance of compliance.

Student Code of Conduct

College student conduct expectations are essential to the establishment of an environment conducive to learning, to the protection of Kirtland Community College’s educational purpose and to the maintenance of a reasonable level of order on the campus. The college strives to maintain these standards through educational programs, services to the students and the promotion of student conduct standards.

Enrollment as a student at Kirtland Community College carries with it behavioral obligations inside and outside the classroom. Students are responsible for obeying municipal, state and federal laws which govern the community, as well as for the rules and regulations of the college. If a student participates individually or as a member of a group in any of the “Forms of Misconduct” (listed below), he or she can be subject to disciplinary action. Further, sanctions may be imposed upon student groups or organizations, including the sanction of deactivation which entails the loss of all the privileges and/or college recognition for a specified period of time. Generally, college jurisdiction and discipline shall be limited to conduct which occurs on college premises or which adversely affects the college community and/or the pursuit of its objectives. The student code of conduct is in effect for students while they are on any campus property, as well as other property in the possession of or owned, used or controlled by the college.

The code of conduct also applies to off-campus activities, such as field trips, off-campus classes and college-sponsored events, and federal or state law may mandate the interest of the college in other instances. On a case by case basis, the vice president of student services or the appropriate instructional vice president will determine whether jurisdiction should be asserted to address the adverse effects of an off-campus activity.

A.                      Disciplinary Actions
Violations of the student code of conduct are subject to disciplinary action and will be given immediate attention by the college. The appropriate vice president may impose any of the following disciplinary actions:

1.        Warning: A “WARNING” is an official reprimand which expresses college dissatisfaction with the student’s conduct and which clarifies expected behavior in the future. Such action is in effect for the duration of the semester in which the warning was issued. Normally, a warning does not include any restrictions. If the same offense is repeated after a warning is given, probation will be the minimum sanction awarded.

2.        Probation: “PROBATION” status indicates that any violation of the code of conduct within the probationary period shall result in more severe disciplinary action against the student that could include suspension or dismissal from the institution. Usually, the probationary period extends for a specified period of time or until completion of a specific requirement.
Probation in itself does not carry with it any restrictions; but, in addition to probation, it is possible for a student to be expected to complete a work assignment, pay a fine or be prohibited from holding an office or representing the college in any activity.

3.        Removal from a Course: If “REMOVAL FROM A COURSE” occurs, a student may continue to attend other classes, but may not resume attendance in the course from which he or she has been removed for the remainder of the semester in which the removal occurs. In the event a student is removed from a course, he or she will be given either a withdrawal or a failure in accordance with the college’s “Withdrawal From Classes” policy.

4.        Suspension: “SUSPENSION” is an action that separates the student from the institution for a definite period of time (days, weeks, semesters, etc.) and is to be appropriate with the circumstances of the violation. Such action will specify the conditions required for readmission, as well as the date the student will be eligible to return.

5.        Expulsion: “EXPULSION” is an action that permanently separates the student from the institution.

6.        Specific Orders: “SPECIFIC ORDERS” is an action which may stand alone or be issued with another sanction. Specific orders may include, but are not limited to, performance or non-performance of specific acts, loss of certain privileges, payment of fines, restitution and work assignments.

Any disciplinary action imposed on a student will be recorded in the student’s confidential file in the Student Service Office. A disciplinary action cannot be recorded on a student’s transcript.

B.                   Forms of Non-Academic Misconduct: The following forms of misconduct will not be tolerated by the college. Minimum sanctions, disciplinary actions, normally taken by the college are indicated in parentheses following each violation. Note: This list is not inclusive of all possible forms of misconduct. The college’s administration may add to this list if needed.

College disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of the student code of conduct, i.e., if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Such proceedings under this student code of conduct may be carried out prior to, simultaneously with or following civil or criminal proceedings off-campus.

1.        Arrest for or conviction of any civil or criminal laws committed while on campus or at college sponsored events. (Probation)

2.        Threatening, attempting, or using physical force or intimidation (including stalking) against any person on the college properties or at any off-campus college sponsored events. This includes the interference with the freedom of movement of any person.(Suspension)

3.        Deliberate interference with academic freedom or freedom of speech, including disruption of a class, or interference with the freedom of any speaker invited by the college to express his/her views. (Warning)

4.        Discrimination on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap. (Probation)

5.        Sexual harassment in the educational environment, as defined by the Elliott-Larsen Civil Rights Act. (Suspension)
Note: The Elliott-Larsen Civil Rights Act defines sexual harassment in the educational environment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications of a sexual nature when…such conduct or communication has the purpose or effect of substantially interfering with an individual’s education…or creating an intimidating, hostile or offensive…educational…environment.”

6.        Kirtland Community College prohibits sexual misconduct by students, employees, or any persons, regardless of sexual orientation or gender identity, engaged or present under the care, authority, and jurisdiction of the college.  The action of sexual misconduct includes, but is not limited to, sexual assault, attempted sexual assault, non-consensual sexual intercourse or contact, sexual or sex-based harassment, sexual coercion, dating or domestic violence, voyeurism, or stalking.  (Suspension)

7.        Conduct or expression which is disorderly, lewd, indecent or obscene on college property or at a college sponsored event. (Warning)
Note: To determine conduct or expression which is disorderly, lewd, indecent or obscene, the U.S. Supreme Court has set forth the following three-prong test to determine obscenity:

The basic guidelines for the trier of fact must be: (a) whether the average person applying contemporary community standards would find that the work/action, taken as a whole, appeals to the prurient interest; (b) whether the work/action depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work/action, taken as a whole, lacks serious literary, artistic, political, or scientific value.

8.        Engaging in any kind of hazing action on or off campus that endangers the mental health, physical health or safety of a student or which destroys or removes public or private property for the purpose of initiation or admission into, affiliation with, or participation in any student organization. (Suspension)

9.        Bullying, defined as repeated and/or severe aggressive behavior which a reasonable person would infer as likely to intimidate or intentionally hurt, control, or diminish another person, physically or mentally, and which is not speech or conduct otherwise protected by the 1^st Amendment. (Suspension)

10.     Retaliation – Taking action that substantially harms, whether personally, socially, or professionally, or what a reasonable person would interpret as deliberately creating significant emotional distress in another individual, for the purpose of punishing for, and/or having the effect of inhibiting further, the exercise of their right to complain or to seek grievance. (Suspension)

11.     Failure to comply with reasonable requests and orders by authorized college officials or representatives acting on behalf of the college. (This requirement includes reasonable requests for students to meet appointments in administrative or faculty offices and at investigative/disciplinary hearings.) (Warning)

12.     Initiate false alarms which endanger the health and safety of any person on college properties or at any off-campus college sponsored events. (Suspension)

13.     Possession or use of knives (blade in excess of 3 1/8”), firearms, firecrackers, explosives, other lethal weapons, and/or toxic or dangerous chemicals on campus or at any college sponsored events, except when specifically authorized in writing by a college administrator for educational/safety purposes. Further, possession in a locked vehicle may be permitted according to State laws. Law enforcement officers are exempt from this policy. (Suspension)

14.     Unauthorized distribution or sale of items on campus. (To be eligible for authorization, students must follow the steps outlined in Board policy/procedures 3.015, Community Use of College Facilities.) (Warning)

15.     Manufacture, possession, control, sale, transmission or use:

a.                    Any controlled substance (illegal drugs) in violation of state or federal laws; or

b.                    Substances purported to be illegal, abusive or performance enhancing, i.e., look-alike drugs.  The college has the policy of full cooperation with law enforcement agencies in such cases. (Suspension)

16.     Possession (outside of State laws), distribution, consumption or abuse (including intoxication) of any alcoholic beverages on any college owned or rented facility. (Suspension)

17.     Consumption of food or beverages in unauthorized areas on campus. (Warning)

18.     Smoking in classrooms or other designated non-smoking areas. First offense (Warning), second offense (Suspension)

19.     Gambling with money or anything else of value on campus or any college sponsored event. (Probation)

20.     Dress that fails to meet established safety or health standards in specific on or off-campus classes or at college sponsored events. (Warning)

21.     Parking of vehicles in unauthorized areas. (Warning)

22.     Unauthorized presence of pets on campus. (Animals who assist students with disabilities are permitted on campus.) (PRO 2.210.1) (Warning)

23.     Misrepresentation, alteration, forging or misuse of college documents, records, or identification cards. (Students are required to present identification when requested by authorized college officials.) (Expulsion)

24.     Unauthorized representation or contracting in the name of Kirtland Community College. (A student may not claim to be an official representative of the college for any commercial purpose.) (Suspension)

25.     Use and/or misuse of the college computer system, facilities, hardware, software and all computerized information is prohibited in the following circumstances, including, but not to be limited to:

a.                    Unauthorized entry into a file, whether to use, read, change or for any other purpose.

b.                    Unauthorized transfer of a file.

c.                    Unauthorized use of another individual’s identification and password.

d.                    Use of computing facilities to interfere with the work of another student, faculty member or college official.

e.                    Use of computing facilities to send obscene or abusive messages.

f.                     Use of computing facilities to interfere with normal operation of the college’s computing system.

g.                    Use of computing facilities in a manner which violates state or federal copyright laws, e.g., unauthorized duplication of copyrighted or licensed software. (Suspension)

26.     Unauthorized entry to and/or use of college facilities and equipment. Also, the possession of keys or duplication of the college’s keys without proper authorization. (Suspension)

27.     Attempted or actual theft from, damage to or the defacing of college property or to the property of other students, faculty or staff while on the campus or at any college sponsored event. (Expulsion)

28.     Littering of college facilities and grounds. (This includes the disposal of cigarette butts in locations other than ashtrays or trash receptacles.) (Warning)

29.     Dishonesty, including knowingly furnishing false information to the college or a college officer, whether verbally, in writing, or completing required forms. (Probation)

30.     Violation of college policies and regulations not already addressed in the previously listed forms of misconduct. (Warning)

C.                   Academic Misconduct

1.        Kirtland Community College considers academic dishonesty to be a serious offense. It is the policy of the college that determination of and appropriate action in respect to academic dishonesty by a student shall be a matter of individual judgment by the instructor, with departmental guidelines.

2.        Cheating, plagiarism or other forms of academic dishonesty including the unauthorized acquisition of tests or other academic materials. This includes students who aid and abet, as well as those who attempt such behavior. (An instructor may administer a penalty up to and including failure in a particular course. In some cases, such as in nursing and criminal justice programs, the student handbook outlines the appropriate action. If a student fails two classes as a result of academic dishonesty, he or she is dismissed from the college for the remainder of the semester in which the second violation occurs and the following academic semester that is required for that student’s program of study, i.e. some programs require students to take classes during the summer semester, most programs do not.)

Note: Cheating includes, but is not limited to:

a.                    The use of any unauthorized assistance in taking quizzes, tests or examinations;

b.                    Dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports,solving problems, or carrying out other assignments;

c.                    The acquisition, without permission, of tests or other academic material belonging to a member of the college faculty or staff.

Plagiarism is representing the work of other persons as one’s own, including but not limited to the use of work by others and information downloaded from the Internet. The use of another person’s words, ideas, or information without proper acknowledgement, whether done intentionally or through carelessness, is also plagiarism. The student should seek guidance from the instructor about acceptable methods to be used to acknowledge the work and ideas of others.

3.        Deliberate interference with academic freedom or freedom of speech, including disruption of a class, or interference with the freedom of any speaker invited by the college to express his/her views. (Warning)

The vice presidents will decide whether the conduct will be considered academic (section C) or non-academic (section B) and will follow the appropriate procedure.

Disclosure of Student Rights and Responsibilities:

Both policy and procedure for “Student Rights and Responsibilities” will be made available to all students and employees. To ensure this occurs, any college catalog, student handbook or faculty handbook printed after December 31, 1990, must include this information.

Rights and Responsibilities of Students

At Kirtland Community College, two procedural forms of due process exist; Academic Due Process and Non-Academic Due Process. As conditions permit, either form of due process is provided to the student within a reasonable amount of time. In certain circumstances, the vice president, or his/her designee, may impose a suspension prior to the hearing before the committee.

1. Separation means the specified individual(s) may participate in class and other college activities, but shall avoid contact of any sort with other designated individuals.  Separation may involve interim suspension from specified classes, college locations, and activities, if deemed necessary.
2. Interim suspension may be imposed only:​
   1. To ensure the safety and well-being of members of the college community or preservation of college property;
   2. To ensure the student’s own physical or emotional safety and well-being;
   3. If the student poses a definite threat of disruption or interference to the normal conduct of operations of the college.
3. During the period of interim suspension, the student shall be denied access to the campus (including being barred from classes) and/or all other college activities or privileges for which s/he might otherwise be eligible as the vice president of student services may determine to be appropriate.
4. The interim suspension shall continue until the student’s due process procedures are complete. The hearing for this matter should follow the vice president’s actions as soon as practicable.

Procedure for Non-Academic Due Process:

Any member of the college community may file charges against a student for an alleged violation of the student code of conduct. There are two means of doing so.  

A.                  Immediately inform a responsible employee of the college.  A responsible employee of the college is any regular employee directly hired by the college, and would include any full-time instructor or full or regular part-time staff person. If the responsible employee is not in a position to act on the complaint, they are charged with informing those who are.  Please provide sufficient detail, in writing if possible, so that the office the responsible employee refers the complaint to can act effectively on the complaint. IF THERE IS IMMEDIATE RISK TO LIFE OR PROPERTY CALL EXTENSION 355 or dial 911

B.                   File a Behavioral Intervention Team (BIT) Referral Form.  To do so, access the Kirtland Website at  http://www.kirtland.edu/bit and click on the BIT Referral Form, or go directly to https://publicdocs.maxient.com/incidentreport.php?KirtlandCC. This form is recommended if there is a concern for health or safety, if there is a problem with accessibility, if there is a belief that harassment or retaliation has taken place, if a breach of confidentiality has occurred, or other related matter. IF THERE IS IMMEDIATE RISK TO LIFE OR PROPERTY CALL EXTENSION 355 or dial 911

The college is committed to providing an educational environment free of serious misconduct, will investigate reported allegations of such misconduct, will address known violations, and will act to prevent recurrence and to remedy effects.

Any person who believes they are a victim of sexual misconduct, or who observes what they believe to be an act of sexual misconduct, within the jurisdiction of Kirtland Community College, is urged to immediately make a report, and, if possible, take appropriate steps to preserve evidence.  The college will conduct a prompt, fair, and impartial investigation, and act on the basis of the facts determined, according to college policy and applicable law.  Individuals should be aware that the college exercises civil authority, not criminal, and may work both in collaboration with, and proceed separately and apart from, the criminal justice system.

Once charges have been formally filed, the following procedure for Non-Academic Due Process shall be observed:

A.                  An official of the college shall meet with the person (complainant) who has filed a charge against another person or student organization.  If the complainant requests confidentiality or asks that the complaint not be pursued, the college will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue.  If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the complainant must be aware that the college’s ability to respond may be limited. If the complainant reports a violation which threatens the safety of others, the college may not be able to guarantee confidentiality.

B.                   The vice president of student services will notify the accused student (in writing) of the charges filed against him/her and the college’s policy regarding due process.

C.                   If the accused student does not waive their rights, then the vice president of student services will appoint a student judiciary committee composed of not less than three, nor more than five, college employees.  Alternatively, for peer consideration, up to two students may be appointed in lieu of employees, so long as at least three members are employees in good standing. All committee members shall be informed of the requirements of confidentiality, and of the potential sanctions for breach of confidentiality.  An employee knowledgeable in hearing procedure will be appointed to chair the hearing.  The members of this committee must have no vested interest in the matter. The vice president of student services cannot serve on this committee.

D.                  The person filing the complaint and the person or student organization charged with violating the student code of conduct are responsible for providing statements from witnesses and other evidence to investigating officials. Witness statements can be provided verbally during the hearing or in written (signed and dated) form. Both parties may have other individuals at the hearing.  These individuals are limited to an advisory capacity with no right of intervention or cross-examination.  Investigating officials may present evidence prior to the hearing, to be made available to both parties, and may be called on to testify at the hearing, subject to cross-examination by the accused party.

E.                   The student judiciary committee has the responsibility of hearing the charges against the accused student and reviewing the evidence. The hearing will take place within ten working days following the accused student’s receipt of the written charges. A verbatim record will be made of all hearings. This record remains the property of the college and shall be maintained for a period of two years. Within one working day following the hearing, the committee will submit (in writing) its recommendation to the vice president of student services.

F.                   The vice president of student services will render a decision on the case, which may include sanctions imposed on the student. The vice president will then inform (in writing) all parties involved of his/her decision within three working days of the receipt of the student judiciary committee’s recommendation.

G.                  If the student wishes to contest the vice president of student services’ decision, s/he may appeal to the President within three working days following notification of the vice president’s decision (refer to “Appeal Process”). The President’s decision will be final.
Note: A student who commits a drug or alcohol related infraction (Forms of Misconduct #15 or #16), will be immediately referred to the vice president of student services. The vice president may provide the student with a choice of the following options:
Option #1: Referral to the Kirtland’s student assistance program and/or to a substance professional for a substance abuse intake interview and assessment. The vice president will also give a formal “warning” to the student.
Option #2: Referral to the student judiciary committee for a hearing. If found in violation by the committee, the student may be suspended for the remaining portion of the current semester with no refund of tuition and fees. Further, if suspended, the student must show evidence of an intake interview and assessment with a substance abuse professional in order to return to Kirtland.

Appeal Process(es):

An appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes, except as required to explain the basis of new evidence:

A.                  To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the student code of conduct was violated and giving the accused student a reasonable opportunity to prepare and to present his or her rebuttal of those allegations.

B.                   To determine whether the decision reached regarding the accused student was based on the preponderance of the evidence, i.e., were the facts in the case sufficient to establish whether there was, or was not, a violation of the student code of conduct?

C.                   To determine whether the sanction(s) imposed was appropriate to the violation of the student code of conduct which the student was found to have committed.

D.                  To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

Procedure for Academic Due Process:

A.                  If an instructor fails a student in a course for academic dishonesty, the instructor must immediately notify, in writing (Academic Student Conduct Complaint Form), the student and the vice president of instruction. The vice president of instruction shall maintain a record of all such notifications.

B.                   If a student wishes to appeal a grade or academic decision, s/he must first meet with the faculty member to discuss his/her grievance. This meeting should take place within 3 working days.

C.                   If the student and faculty member do not come to a satisfactory agreement, or if charged with academic misconduct, the student may appeal to the appropriate dean within 3 working days. If the problem is not resolved at this level, the student may appeal to the vice president of instruction.

D.                  If the student chooses to appeal to the vice president of instruction, a written request (which includes a brief summary of the grievance) must be submitted within 3 working days. The vice president will review the appeal. Within three working days after receiving the appeal, the vice president shall render a decision.

E.                   Should the student wish to pursue the matter further, the vice president will refer the complaint to the academic appeals committee. The instructional vice president will appoint an academic appeals committee composed of three full-time faculty members and two students. The vice president will appoint one of the faculty members to chair the hearing. The members of this committee must have no vested interest in the matter. The vice president cannot serve on this committee.

F.                   The academic appeals committee has the responsibility of hearing the grievance and reviewing the evidence. The hearing will take place within ten working days following the student’s request for a hearing. A verbatim record, such as an audio recording, will be made of all hearings. This record remains the property of the college and must be maintained for a period of two years. Within one working day following the hearing, the committee will submit (in writing) its recommendation to the vice president.

G.                  The vice president will render a decision on the case. The vice president will then inform (in writing) all parties involved of his/her decision within three working days of the receipt to the academic appeals committee’s recommendation.

H.                  If the student wishes to contest the vice president’s decision, he/she may appeal to the President within three working days following notification of the vice president’s decision (refer to “Appeal Process”). The President’s decision will be final.

Appeal Process(es):

An appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes, except as required to explain the basis of new evidence:

A.                  To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the student code of conduct was violated and giving the accused student a reasonable opportunity to prepare and to present his or her rebuttal of those allegations.

B.                   To determine whether the decision reached regarding the accused student was based on substantial evidence, i.e., were the facts in the case sufficient to establish whether there was, or was not, a violation of the student code of conduct?

C.                   To determine whether the sanction(s) imposed was appropriate to the violation of the student code of conduct which the student was found to have committed.

D.                  To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

Substance Abuse Information on Alcohol and Drugs

Information regarding the misuse and abuse of alcohol and drugs can be found by contacting the Counseling Office located in Student Services or visit our website for more information.

Statement/Guidelines Regarding AIDS

In response to the epidemic of infection with Human Immunodeficiency Virus (HIV), which causes the Acquired Immunodeficiency Syndrome (AIDS), Kirtland Community College has adopted these guidelines based upon the recommendation of the American College Health Association.

AIDS is a serious illness, a public health problem, and an immediate concern to the college community. AIDS is characterized as a defect in natural immunity against disease. People who have AIDS are vulnerable to critical illnesses that are not a threat to anyone whose immune system is functioning in a standard and typical fashion.

AIDS is caused by a virus commonly called HIV. Presently, there is no known cure or effective vaccine. However, the consensus of authoritative medical opinion, as reflected by the Center for Disease Control and Public Health Service, is that AIDS is not a readily communicable disease.

There are no known cases of AIDS transmission by food, water, insects, or casual social contact, and no spread of the virus has been found within family groups in which one or more persons have been diagnosed with AIDS, except from sexual and/or intravenous transmission. The current scientific understanding is that the AIDS virus is transmitted only through an exchange of infected body fluids, blood, or blood products. Such exchanges may occur when the needle of an infected person (in most cases, a drug addict) is used by someone else, through a blood transfusion from an infected person, or through intimate contact involving the transfer of semen and vaginal fluids.

NOTE: The use of condoms can significantly reduce spread of this virus. AIDS has not been shown to be transmitted by saliva, tears, nasal secretions, vomitus, urine, or feces. Considering current authoritative medical opinion, there is no basis for routinely excluding or dismissing employees or students because they have AIDS, ARC (AIDS-Related Complex), or AIDS virus antibodies. Since these conditions have been designated as handicaps and are treated as such by the Elliott-Larson Civil Rights Act, it is also against the law to dismiss someone on this basis. Depending on the medical circumstances of each situation, the college may require the monitoring of the medical condition of an infected person, which includes the counseling of that person on the nature of the disease and the importance of not engaging in behavior that could transmit it, if that is appropriate. No broad blood screening test will be required.

The right to privacy of all individuals will be respected and protected, and the confidentiality of any required records that may be required will be maintained. Because the virus is not transmitted by ordinary contact, it is neither necessary nor appropriate for the protection of roommates, classmates, or employees to share with them any information regarding a student or employee with AIDS and AIDS-related conditions.

Kirtland Community College will comply with all federal and state laws and regulations, including those of the United States Public Health Service and the guidelines from the Center for Disease Control and the American Health Association, which bear on the welfare of persons within the college community who test positively to that antibody. It has also adopted the safety guidelines as proposed by the United States Public Health Service “for the handling of blood and body fluids of all persons…. ” All appropriate college personnel will be trained in and will follow these procedures.

The college will continue to provide information programs designed to acquaint the community with current information about AIDS and how to avoid or minimize the risks of transmission of the virus.

In addition, any student who is concerned or has questions about AIDS or HIV may contact the Grand Traverse, Leelanau, Benzie District Health Department (Tri-County) in Traverse City, P.O. Box 905, Traverse City, MI 49685-0905, 616-922-4381 or the District Health Department #1 in Cadillac for free counseling and/or HIV testing.