2.4 College Environment

2.4.1
General Statement

The Maricopa Community Colleges are dedicated to providing a healthy, comfortable and educationally productive environment for students, employees and visitors.

2.4.2
Nondiscrimination

See the EEO/AA Section of the Administrative Regulations.

2.4.3
Equal Opportunity Statement

See the EEO/AA Section of the Administrative Regulations.

2.4.4
Sexual Harassment Policy for Students

I.  Sex Discrimination and Sexual Harassment

“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 . . . .” 20 USC §1681 / 34 C.F.R. part 106

The policy of the Maricopa County Community College District (MCCCD) is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Harassment as prohibited by state and federal law. Discrimination under this Policy is an unequal treatment of a student based on the student’s actual or perceived gender, sexual orientation, or pregnancy. This Policy prohibits Sexual Harassment and Discrimination in any college education program or activity, which means all academic, educational, extracurricular, athletic and other programs. This Policy is subject to Constitutionally protected speech rights and principles of academic freedom. Questions about this Policy may be directed to the MCCCD EEO/affirmative action office.

A. Sexual Harassment

Any unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives a student of the ability to participate in or benefit from any MCCCD educational program or activity. The unwelcome behavior may be based on power differentials, the creation of a Hostile Environment, or retaliation for allegations of Sexual Harassment under this Policy. Sexual Harassment can occur regardless of the relationship, position or respective sex of the parties. Sexual Harassment includes Hostile Environment Harassment, Sexual Assault, Inducing Incapacitation for Sexual Purposes, Sexual Exploitation, Dating Violence, and Stalking. Same sex Sexual Harassment violates this Policy. Sexual Harassment by and between students; employees and students; and campus visitors and students is prohibited by this Policy.

Depending on the particular circumstances, Sexual Harassment may include, but is not limited to, the following:

1.Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to  commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body in a sexual manner.

2. Offering or implying an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.

3. Threatening or taking a negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's academic work more difficult because sexual conduct is rejected.

4. The use or display in the classroom, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical  justification.

5. Explicit sexual comments by one or more students about another student, or circulating drawings or other images depicting a student in a sexual manner.

6. Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments by a student about another student’s sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of Sexual Harassment.

B. Hostile Environment Harassment

Harassment based on sex, pregnancy, gender identity, gender expression, or sexual orientation that is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit  a person’s ability to participate in or benefit from the college’s programs, services, opportunities, or activities.

A Hostile Environment can be created by anyone involved in a college program or activity (e.g., administrators, faculty members, students, and campus visitors or contractors). Mere offensiveness is not enough to create a Hostile Environment.  Although repeated incidents increase the likelihood that harassment has created a Hostile Environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.

In determining whether harassment has created a Hostile Environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.  Also, the following factors will be considered:

a. the degree to which the conduct affected one or more students’ education;

b. the nature, scope, frequency, duration, and location of incident or incidents;

c. the identity, number, and relationships of persons involved;

d. the nature of higher education.

C. Sexual Assault 

An act involving forced or coerced sexual penetration or sexual contact. 

D. Inducing Incapacitation for Sexual Purposes

Using drugs, alcohol, or other means with the intent to affect, or having an actual effect on, the ability of an individual to consent or refuse to consent to sexual contact.

E. Sexual Exploitation

Taking non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and such behavior does not otherwise constitute a form of Sexual Harassment under this Policy.  Examples of behavior that could rise to the level of Sexual Exploitation include:

a. Prostituting another person;

b. Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;

c. Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;

d. Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex);

e. Engaging in non-consensual voyeurism;

f. Knowingly transmitting an STI (sexually transmitted infection), such as HIV, to another without disclosing one’s STI status;

g. Exposing one’s genitals in non-consensual circumstances, or inducing another to expose his or her genitals;

h. Possessing, distributing, viewing or forcing others to view obscenity.

F. Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on a consideration of the following factors:

A. the length of the relationship;

B. the type of relationship;

C. the frequency of interaction between the persons involved in the relationship.

G. Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.

H. Consenting to Sexual Activity

Consent is clear, knowing, and voluntary; it is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in sexual activity.

Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent in future sexual acts.  Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. 

Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When people make clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be age 18 or older. 

If you have sexual activity with someone you know to be – or should know to be – mentally or physically incapacitated, you are in violation of this Policy.  Incapacitation is a state where one cannot make a rational, reasonable decision because one lacks the ability to understand the who, what, where, why or how of that person’s sexual interaction. 

II. Definitions 

Alleged Victim

The person who is the victim of any alleged Sexual Harassment or Discrimination in violation of this Policy.

Complainant

A person who has experienced or witnessed, or otherwise knows of Sexual Harassment or Discrimination in violation of this Policy and files a Formal Complaint pursuant to this Policy.

Respondent

The person who is alleged to have engaged in Sexual Harassment or Discrimination prohibited under this Policy.

Title IX Coordinator

The Vice President of Student Affairs serves as each respective college’s Title IX Coordinator. The Title IX Coordinator is the individual responsible for providing education and training about Discrimination and Sexual Harassment to the college community and for receiving and investigating allegations of Discrimination and Sexual Harassment in accordance with this Policy. The Title IX Coordinator is authorized to designate other appropriately trained individuals to investigate Discrimination and Sexual Harassment Complaints and reports as deemed appropriate. The contact information for the Title IX Coordinator at each college may be found at https://district.maricopa.edu/consumer-information/title-ix/title-ix-coordinators.

III. Reporting Discrimination

A. Bystander

No student or employee should assume that an official of the college knows about a particular situation. The college encourages any student who feels he or she has been discriminated against or harassed in violation of this Policy to promptly report the incident to the Title IX Coordinator. Any student who knows of Discrimination or Sexual Harassment prohibited under this Policy that is experienced by another student should report that information to the Title IX Coordinator. Before a student reveals information, college employees will try to ensure that the student understands the employee’s obligations and, if the student wishes to maintain confidentiality, direct the student to confidential resources. A student may choose to make a full report or request confidentiality as he or she determines.

 All members of the college community are expected to adhere to this Policy, to cooperate with the procedures for responding to complaints of Discrimination and Harassment, and to report conduct or behavior they believe to be in violation of this Policy to the Title IX Coordinator. A duty to report conduct or behavior that violates this Policy is imposed on all administrators, supervisors, faculty members, and persons in positions of authority. Such employees perform their duty to report by reporting the conduct or behavior to the Title IX Coordinator.

B. College Complaints and Reporting 

Any person who has experienced, witnessed, or otherwise knows of Sexual Harassment or Discrimination prohibited under this Policy is to report such conduct to the college’s Title IX Coordinator. The Title IX Coordinator is trained to help you find the resources you might need, to explain all reporting options, and to respond appropriately to conduct of concern. Such conduct is to be reported to the Title IX Coordinator as soon as possible after it occurs. The Title IX Coordinator tracks all reports of Sexual Harassment or Discrimination.

There are several avenues available for any person who experiences, witnesses, or otherwise knows of Sexual Harassment or Discrimination to report such conduct:

  • Leave a private voice message for the Title IX Coordinator;
  • Send a private email to the Title IX Coordinator;
  • Mail a letter to the Title IX Coordinator’s office;
  • Visit the Title IX Coordinator (although it is best to make an appointment first to ensure availability);
  • File a Formal Complaint pursuant to this Policy;
  • Report to another trusted college official (e.g., faculty member, coach, advisor) who will provide information as required under the Policy to the Title IX Coordinator.

If there is an allegation of conduct in violation of this Policy about the Title IX Coordinator or any staff member who is part of the Vice President of Student Affairs’ office, that allegation should be lodged with the President of the college. The President will appoint another trained individual to take the place of the Title IX Coordinator for purposes of the allegation.

C. Retailiation Prohibited

Retaliation occurs when adverse action is taken against a student or employee because he or she has engaged in protected activity such as filing a complaint of Discrimination or Harassment. Retaliation may be found even when the underlying charge does not constitute Discrimination or Harassment in violation of this Policy, and all persons who participate in a Discrimination or Harassment proceeding, not only the complaining party, are protected against retaliation. A retaliatory adverse action is an action taken to deter a reasonable person from opposing a discriminatory or harassing practice, or from participating in a Discrimination or Harassment proceeding, or more generally, from pursuing that person’s rights.

D. Criminal Reporting

Please remember that if someone is in immediate danger or needs immediate medical attention, the first place to report is 911.  You may also report to College Safety or local law enforcement. Some forms of Discrimination and Harassment may also be crimes.  For example, sexual assault, stalking and rape are crimes.  Criminal reports should be made to law enforcement, even if it is uncertain whether the particular conduct is a crime.  Calling local law enforcement can help you:  obtain emergency and nonemergency medical care; get immediate law enforcement response for your protection; understand how to provide assistance in a situation that may escalate to more severe criminal behavior; arrange a meeting with victim advocate services; find counseling and support; initiate a criminal investigation; and answer questions about the criminal process.

E. Confidentiality of Complaints and Reports

Parties in these processes, including the Alleged Victim, Respondent, Complainant and witnesses, have privacy rights and reasonable expectations of confidentiality in the investigation of matters subject to this Policy.  In addition, the integrity of the process depends on ensuring reasonable expectations of confidentiality.  The Title IX Coordinator or investigator will keep confidential the Complaint, report, witness statements, and any other information provided by the Alleged Victim, Respondent, Complainant or witnesses, and will disclose this information only to the Alleged Victim, Complainant, Respondent, or witnesses as necessary to give fair notice of the allegations and to conduct the investigation; to law enforcement consistent with state and federal law; to other college officials as necessary for coordinating interim measures or for health, welfare, and safety reasons; and to government agencies who review the college’s compliance with federal law.  The written investigation report and any written decision will be disclosed only to the Alleged Victim, Complainant, Respondent, Title IX Coordinator, and discipline authority. In the case of employees, the discipline authority is the college administrator with the authority to impose sanctions in accordance with applicable employment policies. In the case of students, the discipline authority is the Vice President for Student Affairs and college officials as necessary to prepare for subsequent proceedings (e.g., college President and MCCCD legal counsel).  

F. Anonymous Reporting

The Title IX Coordinator accepts anonymous reports of conduct alleged to violate this Policy and will follow up on such reports.  The individual making the report is encouraged to provide as much detailed information as possible to allow the Title IX Coordinator or investigator to inquire into or investigate the report, and respond as appropriate.  The Title IX Coordinator or investigator may be limited in the ability to follow up on an anonymous report unless sufficient information is furnished to enable the Title IX Coordinator or investigator to conduct a meaningful and fair inquiry or investigation.

IV. Rights of Parties 

A. Alleged Victim: The Alleged Victim has the right to: 

1. An inquiry and appropriate resolution of all credible allegations of Sexual Harassment, Discrimination, and sexual violence made in good faith to the Title IX Coordinator.

2. Be treated with respect by college officials.

3. Have the same opportunity as the Respondent to have others present (in support or advisory roles) during an investigation. 

4. Report Sexual Harassment, Discrimination, and violence to both on-campus and off-campus authorities. 

5. Be informed of the investigation findings and imposed sanctions at the same time as the Respondent.

6. Be informed of and afforded access to available counseling, mental health, physical health or student services for victims of Sexual Harassment, Discrimination, and violence.

7. Have notification of and options for, and available assistance in, changing academic and living situations after an alleged act of Sexual Harassment or Discrimination prohibited under this Policy, if so requested by the Alleged Victim and if such changes are reasonably available. No Formal Complaint, or investigation--campus or criminal--need occur before this option is available.  Accommodations may include:

  • Change of on-campus student’s housing to a different on-campus location;
  • Assistance from college support staff in completing relocation;
  • Arranging to dissolve a housing contract and pro-rating a refund;
  • Exam, paper, or assignment rescheduling;
  • Taking an incomplete in a class;
  • Transferring class sections;
  • Temporary withdraw from institution;
  • Alternative course completion options. 

8. Not have irrelevant prior sexual history admitted as evidence in an investigation.

9. Make a victim-impact statement available to the investigator and decision-maker. 

10. Access to available protection against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others.

11. Have allegations of sexual misconduct that might be criminal in nature responded to quickly and with sensitivity by campus law enforcement.

12. Seek Reconsideration of the finding of the investigation and any sanction imposed.

13. Review all documentary evidence collected, used, and disseminated during the investigation and sanctioning process. 

14. Petition that any member of the investigative process be removed on the basis of demonstrated bias.

15. Have an advocate or advisor present at all phases of the investigation.

16. Present relevant witnesses to the investigator and decision-maker, including expert witnesses.

17. Be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations.

18. Have MCCCD compel the presence of student, faculty, and staff witnesses.

19. Written notice of the investigation, findings and sanctions.

20. Challenge documentary evidence obtained during the investigation.

21. Be informed in advance of any public release of information regarding the investigation.

22. Give consent for the release of any personally identifiable information contained in the investigation.

B. Immediate Action and Interim Measures

The college may take interim measures to assist or protect the parties during the inquiry or investigation process, as necessary and with the Alleged Victim’s consent.  Such measures for an Alleged Victim may include arranging for changes in class schedules or living arrangements, issuing a no-contact order, obtaining counseling, and modifying test schedules or other class requirements temporarily.  

C. Respondent: The Respondent has the right to:

1. An inquiry and appropriate resolution of all credible allegations of Sexual Harassment, Discrimination, and sexual violence made in good faith to the Title IX Coordinator.

2. Be treated with respect by college officials.

3. Have the same opportunity as the Alleged Victim to have others present (in support or advisory roles) during an investigation. 

4. Be informed of and have access to campus resources for medical, counseling, and advisory services.

5. Be fully informed of the nature, rules, and procedures of the investigation process, and to thorough and timely written notice of all alleged violations, including the full nature of the violation and possible sanctions.

6. Protections of due process required by local, state, or federal law.

7. Not have irrelevant prior sexual history admitted as evidence in an investigation.

8. Make an impact statement available to the investigator and decision-maker.

9. Seek Reconsideration of the finding of the investigation and any sanction imposed.

10. Review all documentary evidence collected, used, and disseminated during the investigation and sanctioning process.

11. Present relevant witnesses to the investigator and decision-maker, including expert witnesses.

12. Petition that any member of the investigative process be removed on the basis of demonstrated bias.

13. Have MCCCD compel the presence of student, faculty, and staff witnesses.

14. Challenge documentary evidence obtained during the investigation.

15. Have an advocate or advisor present at all phases of the investigation.

16. An outcome based solely on evidence presented during the investigation.  Such evidence should be credible, relevant, based in fact, and without prejudice.

17. Written notice of the investigation, findings, and sanctions.

18. Be informed in advance of any public release of information regarding the investigation.

19. Give consent for the release of any personally identifiable information contained in the investigation.

V. Due Process

Due process is afforded any employee, student, or visitor accused of Sexual Harassment or Discrimination prohibited under this Policy. On receipt of a Formal Complaint, or upon receipt of credible evidence that Sexual Harassment or Discrimination prohibited under this Policy has occurred, an immediate preliminary inquiry will be conducted to determine if there is reasonable cause to believe this Policy has been violated. A preliminary inquiry shall be concluded within ten working days following the determination that such reasonable cause exists; however, it may be re-opened in the event additional evidence of a violation of this Policy is later discovered.  If, following a preliminary inquiry, such reasonable cause is found, a prompt, thorough, impartial investigation will be conducted by a qualified, authorized investigator. An investigation will be conducted using a preponderance of evidence standard. A preponderance of evidence standard means that an investigator will conclude that Sexual Harassment or Discrimination occurred only if the results of the investigation demonstrate it is more likely than not that such conduct took place. If the investigator’s final decision is that Sexual Harassment or Discrimination prohibited under this Policy occurred, the college will take immediate action to eliminate the Harassment or Discrimination, prevent its recurrence, and address its effects. Remedies for the victim of Sexual Harassment or Discrimination will also be sought. Violations of this Policy may result in disciplinary action up to and including termination for employees; sanctions up to and including suspension or expulsion for students; and appropriate sanctions against campus visitors. This Policy applies to prohibited conduct that impacts the educational environment, whether it occurs on or off campus, and covers students, employees, and visitors.

A. Sex Discrimination Grievance Procedures for Students

The purpose of these procedures is to provide a prompt and equitable resolution for allegations of Discrimination as prohibited under this Policy. Persons believing that they have been subjected to or witnessed, or otherwise know of Discrimination or Harassment on any of these bases may file a Complaint with the college.  These procedures address allegations of Discrimination or Sexual Harassment as prohibited under this Policy. The procedures also address allegations of retaliation against those who have opposed practices forbidden under the Policy, those who have made allegations of Discrimination or Harassment under the Policy, and those who have testified or otherwise participated in enforcement of the Policy.

B. Mediation

Alleged victims who believe they have been discriminated against or harassed may choose in certain circumstances to resolve their allegations through mediation. Mediation is an informal and confidential process where parties can participate in a search for fair and workable solutions.  An Alleged Victim may choose to ask the Title IX Coordinator to assist in the mediation process.  Allegations that are addressed through mediation are not required to be made in writing. The parties may agree upon a variety of resolutions such as modification of work assignment, training for a department, or an apology. Parties may agree to a resolution that is oral or embodied in a written agreement. With a written agreement, the parties may elect to file it with the Title IX Coordinator in the event enforcement becomes necessary. Once both parties reach a mediated agreement, it is final and cannot be the basis of a Request for Reconsideration. The Title IX Coordinator or either party may at any time, prior to a final agreement, decide that attempts at mediation have failed. Upon such notice, the Title IX Coordinator may conduct a preliminary inquiry to determine whether this Policy has been violated. The mediation process may not be used if the alleged conduct constitutes criminal conduct.

C. Formal Complaint Process

A person who has experienced, witnessed, or otherwise knows of Sexual Harassment or Discrimination in violation of this Policy may file a Formal Complaint by contacting the Title IX Coordinator at each respective college or center. A Complainant may file a Formal Complaint either orally or in writing.   The Title IX Coordinator will accept Formal Complaint filings within 300 calendar days of the most recent occurrence of the alleged discriminatory act.

The Complainant’s documentation in support of a Formal Complaint should clearly and concisely identify the action, decision, conduct, or other basis that constituted an alleged act or practice of Discrimination prohibited under this Policy. Upon receipt of a Formal Complaint, the Title IX Coordinator will notify the college President and the Office of General Counsel. The Office of General Counsel will assign a case number to the Formal Complaint.

A copy of the Formal Complaint will be shared with the Respondent within five (5) working days of receipt by the Title IX Coordinator. The Respondent will be put on notice that retaliation against the Complainant, Alleged Victim, or potential witnesses will not be tolerated and that an investigation will be conducted.

The Respondent must provide a written response to the Formal Complaint within fifteen (15) calendar days of his or her receipt of the Formal Complaint.

After either accepting a Formal Complaint or receiving credible evidence that Discrimination has occurred, and determining after a preliminary inquiry that there is reasonable cause to believe this Policy has been violated, the Title IX Coordinator will:

  • Designate an investigator to conduct a fact-finding investigation, which will include, at a minimum, a review of written evidence (including the Complaint and response) and interviews with appropriate employees and students. The Title IX Coordinator may serve as investigator;  
  • Determine the identity and contact information of the Complainant;
  • Identify the correct policies allegedly violated;
  • Conduct a thorough, reliable, and impartial investigation;
  • Complete the investigation promptly (within 60 calendar days, unless—owing to the complexity of the investigation or the severity and extent of the alleged conduct--more time is necessary to complete the investigation);
  • Make  findings based on the preponderance of evidence; and
  • Present the findings to the Title IX Coordinator, who will deliver the findings, in writing, within ten (10) working days, to the President, with a recommendation as to the disposition of the matter.

The President shall accept, reject, or modify the recommendation, and provide a written notification of his or her action, along with the findings presented by the Title IX Coordinator, to the Complainant, Alleged Victim, and Respondent within fifteen (15) calendar days of receiving the findings and recommendation from the Title IX Coordinator.

Evidence which is collateral to the allegations of Discrimination or Sexual Harassment and which was obtained during an investigation may be used in subsequent grievance or disciplinary procedures. 

D. Maintenance of Documentation

Documentation resulting from each level in the Formal Complaint Process (including witness statements, investigative notes, etc.) will be forwarded to and maintained by the Office of General Counsel. Investigative records are not to be maintained with or considered as a part of a student record. Documentation regarding corrective action is considered part of the student's record.

E. Right to Assistance

A Complainant, Alleged Victim or Respondent may receive the assistance of an attorney or other person at any stage of a Complaint filed under the Formal Complaint Process. Such person may attend any investigative interview and advise the Complainant, Alleged Victim or Respondent but shall not otherwise participate in the interview. The investigator shall direct communications directly to the Complainant, Alleged Victim and Respondent, and not through such individual's attorney or other person providing assistance.

F. Time Frame and Grounds for Filing a Request for Reconsideration

A Complainant, Alleged Victim or Respondent who is not satisfied with the decision of the President has ten (10) working days to request, in writing, reconsideration of the decision by the Maricopa Community College District’s Executive Vice Chancellor and Provost. There are four grounds upon which a Request for Reconsideration may be made: (1) the party has new information, unavailable at the time of the investigation; (2) the party has procedural concerns that may change or affect the outcome of the determination;   (3) the party perceives that there was insufficient evidence to support the investigators findings; or (4)  the party perceives any action taken by the President to be too severe. The Executive Vice Chancellor and Provost will review the findings of the investigation and recommendation of the Title IX Coordinator, and respond to the Request for Reconsideration within ten (10) working days from its receipt. The Title IX coordinator shall ensure that, prior to acting on any Request for Reconsideration, the Executive Vice Chancellor and Provost has been fully briefed regarding every component of this Policy. If the Executive Vice Chancellor and Provost determines that the investigation was not conducted in a fair manner, or that the determination is not consistent with the evidence, or that any disciplinary action is not commensurate with the allegations, the case file will be reopened and assigned for further investigation. If the Executive Vice Chancellor and Provost concludes that the investigation was conducted in a proper manner, that the determination is consistent with the evidence, and that any disciplinary action is commensurate with the allegations, he or she will—in writing-- certify that the Executive Vice Chancellor and Provost has read and thoroughly considered all of the information collected in the investigation, certify that the investigation was conducted in a proper manner and the decision is consistent with the evidence, and deny the Request for Reconsideration. The written certifications and decision by the Executive Vice Chancellor and Provost shall be delivered to the Complainant, Alleged Victim, and Respondent promptly after they are issued.  At this point, or if no Request for Reconsideration is made, the investigation into alleged Discrimination under this Policy is concluded.

G. External Filing of Discrimination Complaint

MCCCD encourages students to use the due process under this Policy to resolve Discrimination concerns. Students also have the right to file civil rights complaints with appropriate external agencies. No retaliation will be taken against a person for filing a complaint with an external agency. The following agency accepts discrimination charges filed by, or on behalf of, students:

Office for Civil Rights

U.S. Department of Education

Denver Office

Cesar E. Chavez Memorial Building

1244 Speer Boulevard, Suite 310

Denver, Colorado 80204-3582

Phone: 303-844-5695

Fax: 303-844-4303

TDD: 303-844-3417

E-mail: OCR.Denver@ed.gov

2.4.5
Copyright Act Compliance

Students are expected to comply with the provisions of the Copyright Act of 1976 pertaining to photocopying of printed materials, copying of computer software and videotaping. In order to assist students in complying with the Copyright Law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.

  1. Copyright Policy
    See the INSTRUCTION Section of the Administrative Regulations.
  2. Taping of Faculty Lectures
    See the INSTRUCTION Section of the Administrative Regulations.
  3. What Students Should Know About Copyright (Online Brochure)

2.4.6
Emissions Control Compliance

Pursuant to ARS §15-1444 C. no vehicle shall be allowed to park in any college parking lot unless it complies with ARS §49-542 (the annual vehicle emissions inspection program). At the time of course registration, every out-of-county and out-of-state student will be required to sign an affidavit stating that the student's vehicle meets the requirements of ARS §49-542. Vehicles that are not in compliance are subject to being towed at the owner's expense.

2.4.7
Abuse-Free Environment

See also the Auxiliary Services section for Tobacco-Free Environment and the Appendices/Student Section Medical Marijuana Act of the Administrative Regulations.

  1. Substance Abuse/Misuse Statement
    Drug abuse and misuse has become a national issue and is receiving national attention, particularly in the academic community. The insidious effects of the abuse of these agents are also felt by all walks of life and economic levels. Therefore, as an education providing institution, we are responsible to provide knowledge and guidelines about prevention, control, and treatment of the abuse/misuse of alcohol, illegal and legal drug uses and misuses. Annual Acknowledgements for students and employees are provided through the online messaging accounts. Students who experiment with drugs, alcohol, and illegal substances or use them recreationally may develop a pattern of use that leads to abuse and addiction. Maricopa Community Colleges recognized drug and alcohol abuse as an illness and a major health problem as well as a potential safety and security issue. Part of the educational mission of the Maricopa Community Colleges is to educate students about positive self-development, the benefits of a healthy lifestyle and the health risks associated with substance abuse. This mission closely aligns with the Drug-Free School and Communities Act of 1989, and other relevant substance abuse laws.

     

  2. Student Program to Prevent Illicit Use of Drugs and Abuse of Alcohol
    The Maricopa Community College District fully supports disciplinary action for misconduct and the enforcement of state laws governing the use of alcohol and the use, abuse, possession or distribution of controlled substances or illegal drugs.

    1. Introduction and Purpose

      The Federal Drug-Free Schools and Communities Act of 1989 (Public Law 101-226) requires federal contractors and grantees to certify that they will provide a drug-free school. As a recipient of federal grants, the District must adopt a program toward accomplishing this goal. While federal legislation has been the impetus for creation of the program, the administration and Governing Board recognize that substance abuse is a problem of national proportions that also affect students at the Maricopa Community Colleges.

      The Maricopa Community Colleges are committed to maintaining learning environments that enhance the full benefits of a student's educational experience. The Maricopa County Community College District will make every effort to provide students with optimal conditions for learning that are free of the problems associated with the unauthorized use and abuse of alcohol and drugs.

    2. Standards of Conduct
      In the student handbooks of the Maricopa Community Colleges under codes of conduct, the following are examples of behavior that is prohibited by law and/or college rules and policies:
      1. Drinking or possession of alcoholic beverages on the college campus.
      2. Misuse of narcotics or drugs.
    3. Sanctions for Violation of Standards of Conduct
      ​Disciplinary actions include, but are not limited to:
      1. Warning,
      2. Loss of privileges,
      3. Suspension, or
      4. Expulsion.
    4. Legal Sanctions
      1. Local, state, and federal law prohibit the unlawful possession, use or distribution of illicit drugs and alcohol. Conviction for violating these laws can lead to imprisonment, fines, probation, and/or assigned community service. Persons convicted of a drug-and/or alcohol related offense will be ineligible to receive federally funded or subsidized grants, loans, scholarships, or employment.

         

        Any employee is subject to disciplinary action, up to and including employment termination, for any of the following: reporting to work under the influence of alcohol and/or illegal drugs or narcotics; the use, sale, dispensing, or possession of alcohol and/or illegal drugs or narcotics on MCCCD premises, while conducting MCCCD business, or at any time which would interfere with the effective conduct of the employee’s work for the MCCCD; and use of illegal drugs.

  3. MCCCD Program Standards
    The Maricopa Community College District is committed to establishing a preventative substance abuse program at Each college designed to affect positively the problems of irresponsible use of alcohol and the use and abuse of illegal substances. A main focus of the program will be on education of the campus community and assistance to individuals.
    1. Identify a key individual, at each college, to provide emergency services and/or to contact and work with outside agencies that provide drug and alcohol counseling, treatment or rehabilitation programs that may be available to students and employees.
    2. Support disciplinary action for misconduct and the enforcement of state laws governing the use of alcohol and the use, abuse, possession or distribution of controlled substances or illegal drugs.
    3. Establish a preventative substance abuse program at each college designed to affect positively the problems of irresponsible use of alcohol and the use and abuse of illegal substances
  4. Use of Alcoholic Beverages
    See Section 4.13 of the Administrative Regulations
     
  5. Other Health Concerns
    General Guidelines Concerning AIDS
    Neither a diagnosis of AIDS nor a positive HIV antibody test will be part of the initial admission decision for those applying to attend any of the Maricopa Community Colleges. The Maricopa Community Colleges will not require screening of students for antibody to HIV.

     

    Students with AIDS or a positive HIV antibody test will not be restricted from access to student unions, theaters, cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, restrooms, or other common areas, as there is not current medical justification for doing so.

    Where academically and logistically feasible, students who have medical conditions, including AIDS, may seek accommodation in order to remain enrolled. Medical documentation will be needed to support requests for accommodation through the Office of Disabled Resources and Services or the Office of Vice President of Student Affairs.

    The Maricopa Community Colleges acknowledge the importance of privacy considerations with regard to persons with AIDS. The number of people who are aware of the existence and/or identity of students who have AIDS or a positive HIV antibody test should be kept to a minimum. When a student confides in an faculty member, knowledge of the condition should be transmitted to the appropriate vice president or designee who will make the determination if the information should be further disseminated. It should be remembered that mere exposure to the person in a classroom does not constitute a need to know the diagnosis. It is, therefore, unnecessary to document in a student's file the fact that he or she has AIDS unless the information is to be used for accommodation reasons. Sharing confidential information without consent may create legal liability.

    Students are encouraged to contact the Office of Disabled Resources and Services and/or the vice president of student affairs or designee for the types of services available in the district or community on matters regarding AIDS or the HIV virus.

AMENDED through the Administrative Regulations Process, March 25, 2013

AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulations approval process, October 22, 2008

2.4.8
Petition Signature Solicitation

  1. This regulation shall govern access to college premises by representatives who wish to solicit signatures on petitions for the purpose of submission of a ballot proposition to voters, or nomination of a candidate for elective office, in a city-, county-, or state-wide election.
  2. Each college president shall designate general hours of accessibility for solicitation and a location on college premises where all representatives on behalf of any candidate or ballot proposition may solicit signatures. The location shall be in a common area where the solicitation will not serve as an obstruction to student activities or otherwise disrupt the college environment.
  3. All solicitation must take place in designated areas. Standard space may include one or two tables and chairs. Campus restrictions regarding amplification will apply. Representatives may not distribute or make available to students, employees, or college visitors any tangible item, except for informational literature about the proposed candidate or ballot initiative.
  4. Representatives shall notify the designated official at each college or center for their intent to be present on college premises no fewer than three working days prior to soliciting signatures. Upon obtaining authorization, representatives shall be provided a written version of this regulation.

Specific procedures on how to implement the Petition Signature regulation can be found in appendix S-14.

AMENDED through the Administrative Regulation approval process, July 6, 2010
ADOPTED through the Administrative Regulation approval process, July 18, 2002

2.4.9
Use of College Grounds by Non-MCCCD-Affiliated Users

In contrast to traditional public forums such as a public square, park, or right of way, Maricopa’s campuses are dedicated by law to the purpose of formal education. They are, and have been since their creation, for the use and benefit of prospective and enrolled students, the Maricopa employees who serve them, and those who are invited to campus by members of the College community to attend or participate in sponsored events. The Maricopa County Community College District (MCCCD) has a long history of regulating the time, place, and manner in which expressive activities are conducted on campuses, for the purposes of avoiding disruption or interference with its educational activities, and protecting the rights of the members of the campus community and their invited guests to express themselves and access information. While members of the general community always have been welcome to share their ideas with the campus community, they are subject to reasonable, content-neutral regulation of the time, place and manner of the event and to the institution’s mission-based priorities – including but not limited to the need to provide an environment conducive to teaching and learning.

POLICY

This administrative regulation governs use of the college grounds, defined as the open areas and walkways of the campus by non-MCCCD-affiliated users. Use of college facilities is governed by a separate administrative regulation. Parking lots are not available for events and activities other than those sponsored and authorized by the College president.

Camping is not permitted anywhere on the campuses. Camping is defined as the use of college grounds or facilities for living accommodations or housing purposes such as overnight sleeping or making preparations for overnight sleeping (including the laying down of bedding for the purpose of sleeping), the making of any fire for cooking, lighting or warmth, or the erection or use of tents, motor vehicles, or other structures for living or shelter. These activities constitute camping when it reasonably appears, in light of all the circumstances, the participants conducting these activities intend to use or are using the facilities or grounds for living accommodations or housing, regardless of the duration or other purpose of the use.

Lawful use of college grounds for events or expressive activities by individuals, groups, and organizations may be authorized by college officials when the events and activities are lawful and consistent with the non-profit, educational nature of the campus, authorized and conducted in accordance with MCCCD policies, administrative regulations and priorities, and compliant with reasonable restrictions as to time, place, and manner. The content of the expression will not be a factor in authorizing, locating, or scheduling decisions. However, events and activities will not be permitted to disrupt or obstruct the teaching, research, or administrative functioning of the College by means of physical obstacles and crowds, by the creation of sound or noise that would interfere with teaching, learning, and the conduct of College business, or by any other means. Each College president will designate a Responsible College Official with delegable authority to approve, locate, and schedule use of college grounds.

Permit Application:

Any non-MCCCD-affiliated organization, group, or individual desiring to use campus grounds for an event or activity must submit a request form to the Responsible College Official in advance of the use date.

If the activities proposed in the application are limited to low-impact, non-commercial activities the request form shall be submitted at least two business days in advance of the expected use date. For purposes of this administrative regulation, “low-impact, non-commercial activities” are defined as: (1) activities that do not seek to sell or promote a product or service for direct or indirect financial gain; (2) activities that are limited to gatherings of five people or less at any given time; and (3) activities that do not involve machinery, temporary structures, tables, chairs, displays or electronic equipment, including amplifiers, or the distribution of food products.

For events that are not low-impact, non-commercial activities, the request form shall be submitted at least seven business days before the expected use. The additional advance time is required to allow the College to prepare for conditions that may affect the flow of foot traffic, involve signs and displays, create crowds, involve significant numbers of participants, or require the use of significant amounts of space and/or use of equipment and resources.

Designated Areas:

Because each College has a limited amount of outdoor space, activities and events sponsored by non-MCCCD-affiliated users, including speech and literature distribution, shall be restricted to designated areas. For each College, the Responsible College Official shall establish specific designated areas for such activities. A written description of these areas shall be maintained at the office of Student Life and Leadership for each College. Consistent with the goal of providing a healthy, comfortable, and educationally productive environment, the Responsible College Official should attempt to locate the designated areas in prominent locations on campus where there is a likelihood of significant pedestrian traffic. The designated areas shall not be located in building stairways and entryways, parking lots, or congested areas. The Responsible College Official will make every effort to assign users to their requested space when a specific space is desired. However, in order to ensure the potential success of all scheduled events, the College reserves the right to assign an event or activity to the area the College deems most appropriate in light of the campus capacity, other activities scheduled, and the type of event or activity being planned.

Use Fees and Proof of Insurance:

To offset the costs associated with the use of college grounds, non-MCCCD-affiliated users shall be required to pay a fee of $50 per day or $125 per week. In order to protect the health and safety of College students, faculty and staff and to protect MCCCD resources, non-MCCCD-affiliated users shall also be required to provide proof of insurance that indicates at least $1 million in general liability coverage and names the MCCCD as an additional insured for the anticipated use date.

The fee and proof-of-insurance provisions of this Administrative Regulation shall not be applied to low-impact, non-commercial users. A user may request designation as a low-impact, non-commercial user from the applicable College’s Responsible College Official. Any questions or comments about the criteria for approval or denial of such request shall be directed to the District Ombudsman.

Permits:

The approved request form will describe the location of the authorized activity and any other restrictions specific to the event. Violation of the terms of the permit, District policy, administrative regulation or law shall be grounds for immediate revocation of the permit, and the individual violators and their organizations may be banned from the campus.

Priorities and Criteria for Approval of Permits:

The content or subject of the proposed expressive activity or event will not affect approval of the application. Availability of space is not guaranteed. Reservations shall be approved on a space-available basis and will be addressed on a first come-first served basis, subject to the following priorities and criteria for the use and scheduling of space on campus grounds:

Scheduling Priorities (in order)

  1. The use of facilities and grounds for the operations of the College. For example, there are times when the college is unusually crowded by members of the campus community, such as registration and orientation at the beginning of the semester. Other uses may reasonably be precluded during those times.
  2. Activities and events sponsored by the College administration.
  3. Activities and events sponsored by MCCCD student organizations or employee groups.
  4. Activities of non-MCCCD-affiliated individuals and organizations.
  5. Commercial advertising or activities.

Criteria

  1. Capacity of college grounds to accommodate the number of participants at the scheduled time and proposed location.
  2. Capacity of College Safety staff to provide security for all events and activities scheduled at the time.
  3. Possible interference or conflict with College operations or other scheduled activities and events on the grounds.
  4. General feasibility of hosting the event as proposed.

Other Policies:

This administrative regulation will be applied in conjunction and coordination with all other MCCCD policies and administrative regulations and College processes and procedures, including but not limited to regulations on facilities use, signage, sales of alcohol and/or food, and solicitation of donations.

Specific procedures on how to implement the Use of College Grounds regulation can be found in Appendix S-15.

AMENDED via direct approval by the Chancellor, March 13, 2012
AMENDED through the Administrative Regulation approval process, July 6, 2010
ADOPTED through the Administrative Regulations approval process, July 12, 2001

2.4.10
Children on Campus

Children (younger than 18) may not attend any class unless they are officially registered for the class.

Children will not be allowed on campus unless participating in an authorized college program or under the supervision of an adult.

2.4.11
Crime Awareness and Campus Security Act

Federal legislation requires the college to maintain data on the types and number of crimes on college property as well as policies dealing with campus security. To obtain additional information on this subject, contact the college Safety and Security Department.

2.4.12
Workplace Violence Prevention

Purpose

It is the policy of the Maricopa County Community College District to promote a safe environment for its employees, students, contractors, and visitors. MCCCD is committed to working with its employees to maintain an environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior.

Policy

Violence, threats, harassment, intimidation, and other disruptive behavior in our facilities is prohibited and will not be tolerated. It is the responsibility of all employees, students, contractors, and visitors of MCCCD to report any occurrence of such conduct to MCCCD Public Safety. Every employee, student, contractor, and visitor on MCCCD property should report threats or acts of physical violence and acts of harassment, intimidation, and other disruptive behavior of which he/she is aware. All reports will be taken seriously and will be investigated by public safety immediately in order to protect everyone from danger. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm.

Prohibited Behavior

For example, and without limiting the generality of the foregoing statement, this policy prohibits:

  • direct threats or physical intimidation
  • implications or suggestions of violence
  • stalking
  • assault of any form
  • physical restraint, confinement
  • dangerous or threatening horseplay
  • loud, disruptive, or angry behavior or language that is clearly not part of the typical work environment
  • blatant or intentional disregard for the safety or well-being of others
  • commission of a violent felony or misdemeanor on MCCCD property
  • abuse
  • violation of a protective order or restraining order
  • any other act that a reasonable person would perceive as constituting a threat of violence

This list is illustrative only and not exhaustive.

Future Violence

Employees, students, and visitors who have reason to believe they, or others, may be victimized by a violent act or sometime in the future, at the workplace or as a direct result of their relationship with MCCCD, shall inform a supervisor or manager as soon as possible. The supervisor or manager shall inform the Public Safety Department. Students, contractors, and visitors shall contact the Public Safety Department as soon as possible.

Employees who have signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy to the Department Director, Human Resources, and Public Safety. Students shall supply a copy of the signed order to the Public Safety Department.

This policy applies to employees and students, as well as independent contractors and other non-employees doing business with the MCCCD. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, or both. The Chancellor is hereby instructed to enact all administrative regulations necessary to implement this policy.

2.4.13
Student Right to Know

Under the terms of the Student Right To Know Act, the college must maintain and report statistics on the number of students receiving athletically related student aid reported by race and sex, the graduation rate for athletes participating in specific sports reported by race and sex, the graduation rate for students in general, reported by race and sex and other similar statistics. To obtain copies of these reports, contact the Office of Admissions and Records.

2.4.14
Use of College Grounds by Affiliated Users

Introduction

The colleges of the Maricopa County Community College District (“MCCCD”) are dedicated by law to the purpose of formal education. They are, and have been since their creation, for the educational use and benefit of prospective and enrolled students, the MCCCD employees who serve them, and those who are invited on location by members of the college community to attend or participate in sponsored events. The MCCCD has a long history of supporting expressive activities that are conducted on campuses. For the purposes of avoiding disruption or interference with its educational activities, while protecting the rights of the members of the campus community and their invited guests to express themselves and access information, this administrative regulation governs the use of college grounds by Affiliated Users (as defined in Section 1) for Expressive Activity. Expressive Activity is defined as:

  • Meetings and other group activities by registered students and student organizations
  • Non-commercial speeches, performances, demonstrations, rallies, vigils and other events that are organized by students or student clubs and organizations.
  • Non-commercial leafleting and pamphleting
  • Any other student expression that is protected by the First Amendment to the U.S. Constitution

Outdoor campus areas are venues for free expression by Affiliated Users, including speeches, demonstrations, and the distribution of literature, subject to the reasonable time, place and manner restrictions set forth in this regulation.

This regulation will be administered in a manner that is content and viewpoint neutral and seeks to protect the free expression of ideas.

  1. Definitions
     
    1. MCCCD Affiliated Users
       
      Affiliated Users are:  1) individuals employed by MCCCD except when engaging in a commercial activity;  2) individuals contracted by MCCCD who are acting on behalf of or for MCCCD purposes; 3) individuals enrolled via the registrar as students within the MCCCD system; and 4) external entities and/or individuals invited by student clubs and organizations to participate on behalf of the club or organization in an event that is related to the club or organization’s purpose.
    2. Non-Affiliated Users
       
      Non-Affiliated Users are organizations, groups or individuals that are not Affiliated Users. Use of MCCCD grounds or facilities by Non-Affiliated Users is governed by Administrative Regulations 1.5 and 2.4.9.
    3. Substantial Interference
       

      Substantial Interference includes, but is not limited to, activity that: 1) disrupts instruction, lecture, studying or other academic pursuits; 2) disrupts MCCCD administrative activities;  3) blocks access to buildings or structures; 4) obstructs passageways for vehicles or pedestrians; 5) disrupts previously scheduled events; 6) impairs the health and safety of the college community; 7) is unlawful; and/or 8) otherwise presents a threat to public safety.

      The mere potential for Substantial Interference is not sufficient to prohibit or limit Expressive Activity.  Instead, it must be reasonably determined that the activity presents a significant likelihood of creating Substantial Interference before Expressive Activity may be prohibited or limited in accordance with this regulation.

    4. Planned Expressive Activity
       
      Planned Expressive Activity is when participants seek to reserve space for an established point in time and/or use tables, chairs, amplification or other audio-visual equipment and/or temporary structures such as tents or awnings.
  2. Reservation of Campus Space for Planned Expressive Activity
     

    Affiliated Users may reserve outdoor and indoor campus space, as defined below, for Planned Expressive Activity.Reservations are to be made through the respective college’s Office of Student Life and Leadership no less than one business day before the activity is intended to occur. Such reservations will be approved on a first come, first served basis unless the Office of Student Life and Leadership determines, without regard to the content of the proposed Expressive Activity, that the activity constitutes Substantial Interference.If the Office of Student Life and Leadership determines an Expressive Activity constitutes Substantial Interference it will work with the Affiliated User in an effort to find an alternative, if any exists, that allows the Expressive Activity to occur without such interference.

    1. Outdoor Space – outdoor space available for reservation by Affiliated Users does not include:  parking lots, athletic facilities, meditation or peace gardens, areas designated as outdoor study zones, and child care facilities.   
    2. Indoor Space – indoor space is available for reservation by Affiliated Users if the space is determined by the college to be a common area that is publically accessible.  Buildings housing classrooms and/or administrative offices are not  available for reservation. 

  3.  
  4. Spontaneous Expression
     

    MCCCD recognizes that Expressive Activity may occur in both structured and organic forms. Spontaneous expression by Affiliated Users may be undertaken in outdoor or indoor space, as defined above, without prior reservation as long as the activity does not constitute Substantial Interference.

Direct Approval by the Chancellor, August 24, 2016

2.4.15
Campus Sex Crimes Prevention Act

Federal legislation requires that the MCCCD establish notification procedures concerning the presence of registered sex offenders enrolled either as students or those working for the institution. The Registered Sex Offender Notification Procedure is outlined in Appendix item S-18.

ADOPTED by Direct Chancellor Approval, March 6, 2019