Administrative Regulations

With the adoption of Maricopa Governance, former Governing Board policies that once governed day-to-day operations of the Maricopa County Community Colleges are now administered by the Chancellor and are titled "administrative regulations."

This web site provides readers with information on the process for adopting, amending or deleting an administrative regulation; drafts of proposed regulations that employees of the Maricopa Community Colleges are invited to comment upon; and recently adopted regulations.

Section 1, Fiscal Management

1.1 External Funds

Proposals for external funds should relate to the Governing Board goals, and be limited to student financial assistance, instructional improvement, State Vocational Aid extension programs, workforce development, Skill Center operations, institutional development and strengthening, or development and operations of programs for protected classes and special populations.

Every grant (regardless of the amount) that requires intergovernmental agreements shall first be presented to the MCCCD Governing Board. Regular reports of all grants, regardless of amount, will be provided to the Governing Board.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, December 5, 1978, Motion No. 4105
AMENDED, April 22, 1980, Motion No. 4525

1.2 Financial Stability

  1. Financial stability will be maintained by MCCCD in perpetuity.
  2. Financial stability will be measured in terms of a Fund Balance Standard defined as the actual June 30 General Fund Balance as a percentage of actual General Fund Revenues for the fiscal year then ended.
  3. The Fund Balance Standard will be maintained at a minimum of 8% of general fund revenues, and may be modified only by the Governing Board.

AMENDED through the Administrative Regulation approval process, April 14, 2003
AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, June 28, 1994, Motion No. 8263

 

1.3 Prior Year Obligations

In accordance with MCCCD Governing Board policy title, Financial Condition, the Vice Chancellor for Business Services or appropriate designee shall develop procedures for recording expenditures pertaining to prior fiscal year commitments that should have been (but were not) recorded in a prior fiscal year. These procedures shall outline the timeframe for which prior year commitments may be processed and establish the required approval authority, and methods for monitoring and reporting of such expenditures. Procedures are referenced as Appendix FM-4 .
 

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source: 
Governing Board Minutes, November 18, 1975, Motion No. 2797

 

1.4 Surplus Property Disposal

The Chief Procurement Officer shall create procedures governing:

  1. The delegation of authority for the surplus property management function.
  2. The sale, lease or disposal of surplus materials by public auction, competitive sealed bidding, trade-in or other appropriate method designated by procedures. This includes transfer to eligible non-profit educational institutions.
  3. The purchase of any such material by an employee of the college or district.
  4. The acquisition and disposal of federal or state surplus materials.
  5. Any fees or charges for the acquisition, receipt, warehousing, rehabilitation, delivery, distribution or transfer of excess and surplus materials.
  6. Monitoring reports on the activities of the program, including lists of employees and relatives of employees purchasing surplus materials.
     

AMENDED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation approval process, September 10, 1997
(Replaced the regulation entitled Surplus Property Disposal)
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source: 
Governing Board Minutes, May 20, 1980, Motion No. 4557
Governing Board Minutes, March 23, 1993, Motion No. 8014
Governing Board Minutes, April 23, 1996, Motion No. 8532

 

1.5 Use of College Facilities

1.5.1
Definitions

  1. The term "facility" means MCCCD buildings, other structures or land. It includes athletic fields, parking lots, and gymnasiums.
  2. The term "non-MCCCD activities" means any activity other than one in which MCCCD is the sole sponsor, in which MCCCD employees strictly plan and manage it, or is a co-sponsor, as defined below.
  3. The term “co-sponsor” means any non-commercial activity of an educational or community nature in which MCCCD is an announced and publicized co-sponsor with another organization or organizations.  To be a co-sponsor under this regulation, MCCCD personnel must actively participate in the planning and managing of the activity, and the co-sponsorship must be approved at the vice president level or above.
  4. The term “hosting” means a circumstance in which an outside [for-profit] entity asks MCCCD to provide facilities and other resources for an event the entity wishes to sponsor that meets all three of the following criteria:
    1. the fee that the outside entity will charge attendees for the event is significant;
    2. the targeted audience for the event is generally commercial; and
    3. the outside party requests that MCCCD facilities and, if applicable, services (such as marketing or e-mail notices to MCCCD employees about the event) be supplied at no cost to that entity in exchange for waivers of registration fees for a certain number of MCCCD employees to attend the event.
  5. The term "community entity" means a corporation or other legal entity whose business is non-commercial and:
    1. is unrelated to the Maricopa Community Colleges and
    2. is recreational, educational, political, economic, artistic, moral, scientific, social, religious, or for some other civic purpose in the interest of the community.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.2
Scope of Coverage of this Regulation

  1. This regulation covers use of MCCCD facilities for personal, business or non-MCCCD activities, including hosting, by non-MCCCD parties or MCCCD employees or Governing Board members.
  2. It excludes activities covered by the administrative regulation entitled "Solicitation." It also excludes use of facilities by the general public when attending an event, or of facilities open to the public such as libraries. Finally, it excludes instances in which MCCCD is a co-sponsor of an event.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.3
General Standards

  1. Use of MCCCD facilities is the use of a public resource. Therefore, facilities use by non-MCCCD parties or MCCCD employees or Governing Board members for personal, business or non-MCCCD activities must be consistent with state law, Maricopa Governance policies and this administrative regulation. The following principles apply to facilities use:
    1. MCCCD is not obligated to permit facilities use for any activity that the Vice Chancellor of Business Services, College President, or that official's designee determines is contrary to public policy or the safety of persons or property, or is not in the best interest of the community or MCCCD.
    2. MCCCD employees, Governing Board members, or their relatives or associates may not use MCCCD facilities for personal or business purposes, or for non-MCCCD activities, without complying with the standards and procedures specified in this administrative regulation applicable to non-MCCCD parties. That includes compliance with the requirements for insurance coverage and the payment of rent. MCCCD-sponsored programs for employees, such as health and fitness programs, are considered MCCCD activities under this regulation. At the discretion of the Vice Chancellor of Business Services, College President or that official's designee, an MCCCD employee or Governing Board member may use facilities for an event without complying with the rent or insurance requirements of this regulation where the event meets the following limited conditions:
      1. The employee or Governing Board member actively participates in the event and is responsible for managing it; and
      2. The event is for a professional organization in which the employee or Governing Board member actively participates, and whose objectives directly relate to the employee's work at MCCCD or to the Governing Board member's MCCCD responsibilities.
        The Vice Chancellor of Business Services or College President may establish guidelines for the use of MCCCD facilities under this professional organization exception, including any reasonable reimbursement of expenses as appropriate.
    3. Before using MCCCD facilities, non-MCCCD parties must submit certificates of insurance to MCCCD covering that use. Arizona law requires that insurance coverage be provided.
    4. Non-MCCCD parties, including non-profit agencies or other public entities, must pay fair market rent unless the use relates directly to MCCCD's stated mission. Reduced rent, or no charge, is appropriate only as specified in this regulation.
    5. MCCCD will not enter into a license or lease agreement, as defined in this regulation, where facilities use is strictly for personal or business purposes, or does not have some relationship to MCCCD's mission of education and training.
    6. MCCCD classes, programs and activities for students have priority over all other activities, and other MCCCD activities have priority over non-MCCCD activities.
    7. MCCCD has the right to approve any advertising concerning a non-MCCCD party's use of MCCCD facilities.
    8. A non-MCCCD party must obtain specific authorization from the Vice Chancellor of Business Services, College President or that official's designee to operate any concession activity at MCCCD facilities.
    9. A non-MCCCD party may not alter an MCCCD facility without the prior written approval of the Vice Chancellor of Business Services, a College President, or that official's designee.
    10. Hosting is prohibited under this regulation.
  2. The Vice Chancellor of Business Services is responsible for administering this regulation and applicable laws and MCCCD policies relating to facilities use. The Vice Chancellor is also responsible for annually approving appropriate rent for MCCCD facilities under the Rental Rate Guidelines attached to this regulation (Appendix FM-6).
  3. The legal services department is responsible for advising MCCCD on legal issues relating to facilities use, and for preparing agreements and forms for the use of MCCCD facilities. It is also responsible for ensuring compliance with applicable law and conformance with industry standards relating to insurance coverage.
  4. Rents charged to a non-MCCCD party for the use of MCCCD facilities will be credited to the account of the MCCCD college or entity where the facilities are located, and be available to them through approved budget procedures.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.4
Written Agreements Required

  1. Any non-MCCCD party wishing to use MCCCD facilities must sign an MCCCD-generated agreement specifying the terms of that use. The non-MCCCD party must sign and comply with that agreement and the insurance requirements of this regulation regardless of whether MCCCD charges rent for that use.
  2. The MCCCD standard form entitled "FACILITIES USE AGREEMENT" must be signed if the MCCCD facility will be used one time, or for a limited period of time during a week and during a year. Under the "FACILITIES USE AGREEMENT" form, the user does not have exclusive use of the portion of the facility being rented (that is, the user will occupy the facility when MCCCD is not occupying it).
  3. A license, prepared by the legal services department, must be signed if the MCCCD facility will be used for a significant period of time during a year. Under a license agreement, the user does not have exclusive use of the portion of the facility being rented.
  4. A lease, prepared by the legal services department, must be signed if the MCCCD facility will be used for a significant period of time during a year. Under a lease, the user has exclusive use of the portion of the facility being rented. The Governing Board policy entitled "Asset Protection," paragraph 2.5.9.D., generally requires Governing Board approval of leases of MCCCD facilities.
  5. The Vice Chancellor of Business Services or the Vice Chancellor's designee must sign any agreement for the use of MCCCD facilities. However, the College President or the president's designee may sign the "FACILITY USE AGREEMENT" form unless the non-MCCCD party has requested or made changes to the standard terms and conditions of that form. The legal services department must review any changes to the standard terms and conditions of the form.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.5
Insurance Requirements

  1. Before any non-MCCCD party may use an MCCCD facility it must supply the MCCCD risk manager, college fiscal officer or that officer's designee with a certificate of insurance evidencing insurance coverage. The MCCCD risk manager may determine that the activity for which the facility will be used requires other types of insurance coverage, or that reduced levels of insurance are appropriate. A non-MCCCD party must provide a certificate of insurance regardless of whether it pays rent for the use of MCCCD facilities.
  2. The certificate must show insurance coverage from insurance companies licensed to do business in Arizona with a current A.M. Best Rating of A:VIII or better. The certificate must state that the insurance policy has been endorsed to name MCCCD, and its agents, officers, officials, employees, and volunteers as additional insureds, except for worker's compensation and employer's liability insurance.
  3. Unless the MCCCD risk manager changes the insurance coverage and limits required, the minimum coverage and limits required are:
    1. Commercial general liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of the rental, license or lease agreement;
    2. Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to outside party's owned, hired, and non-owned vehicles; and
    3. Workers' compensation insurance with limits statutorily required by any federal or state law and employer's liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.6
Rent Required and Exceptions

  1. Non-MCCCD parties or MCCCD employees or Governing Board members using facilities for personal, business or non-MCCCD activities must be charged the rent specified below, unless the use qualifies for reduced rates or free use under 1.5.3.1 paragraph B:
    1. For facilities use under a "FACILITY USE AGREEMENT" form, the rent developed according to the rental rate guidelines attached to this regulation; or
    2. For facilities use under a license or lease agreement, a fair market rent, as initially determined by the College President or the president's designee and reviewed by the legal services department and MCCCD director of financial services/controller.
  2. For community entities as defined in Paragraph 1.5.1.5 and governmental entities, a college or other MCCCD entity shall charge a reduced rent that is:
    1. commensurate with community entity rents charged by other public entities in the surrounding area; and
    2. that is not less than one-half of the rent that the college or other MCCCD entity normally charges for the use of its facilities as developed under the criteria established in Appendix FM-6. However, a community or governmental entity must pay the full cost of any equipment or services that it may require along with the use of the college or other MCCCD facility.
  3. Except as provided in Paragraph 1.5.6.2 and before a college or other MCCCD entity may waive or reduce rent below that required under this regulation for use of facilities for non-MCCCD activities, the Vice Chancellor of Business Services, a College President or that official's designee must determine that the following conditions exist:
    1. The activity for which the facility is to be used relates directly to MCCCD's mission of education and training, and MCCCD obtains a specific public benefit from the activity;
    2. The activity is not political; and
    3. The value or benefit that MCCCD receives from the activity is substantially equivalent to the amount of rent that MCCCD is foregoing.
  4. An additional permitted waiver or reduction of rent below that required under this regulation is if the event is managed by a governmental agency with a physical presence in Arizona for their sole benefit and is a limited use, such as a one-time meeting (even if occurring over a few days within a set period of time) or conference. Additionally, the event must pose an extremely low risk to Maricopa and minimal to no additional cost to Maricopa; for example, the event should not include potentially controversial speakers or topics that might require additional security; or additional staff to open and lock buildings; or involve physical activity in which participants might be injured. This waiver or reduction is permitted as an acknowledgement that MCCCD partners with many governmental agencies in the provision of service to the community and the limited use of the facility promotes MCCCD’s overall ability to serve the community together.
  5. A college or other MCCCD entity must document that the conditions specified in sub-paragraph 3 exist before waiving or reducing rent. If the "FACILITY USE AGREEMENT" form is used, the college or other MCCCD entity must specifically explain on the form, or on a separate document attached to the form, the conditions identified in 1.5.3.1 paragraph B that make a waiver or reduction of rent appropriate. If the legal services department prepares the agreement, the college or other MCCCD entity must provide that information to that department.  It is the nature of the activity itself and whether it directly benefits MCCCD that determines whether a waiver or reduction in rent is appropriate.  The fact that MCCCD may gain some financial gain from the activity other than rent, or that the entity using the MCCCD facility is another public entity, including a university, or a non-profit organization, does not qualify the activity for a waiver or reduction in rent.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.6 Authority to Assess Fines

1.6.1
Assessment and Collection of Library and Parking Fines

Librarians and campus/district security shall be responsible for the collection of assessed fines. Collected fines are intended to be used for the needs of the library service, as approved by the college president, and for the support of maintaining required public safety standards for our college communities.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

1.7 Acceptance of Public Gifts - Personal or Real Property

1.7.1
Background & Guidelines for Acceptance

  1. The Governing Board recognizes that it may be in the best interest of the District to allow the acceptance of certain gifts and donations in the form of personal or real property.
  2. The Governing Board further recognizes that:
    1. All proposed gifts and donations must be of a nature that is suitable to the mission and goals of the District or their acceptance must be respectfully declined.
    2. The legal ownership of all gifts and donations must reside in the District as an entity, to the extent permitted by law and regulations.
    3. The eventual disposal of any real property, whether received through donation, bequest, or purchase, shall be subject to the approval of the Governing Board.
  3. The final acceptance of donations of real property and relocatable buildings shall reside with the Governing Board.
  4. The Chancellor, President, or appropriate designee may make the final decision as to the acceptance or rejection of gifts of personal property.
  5. Gifts may be used at any district location as long as the need exists.
  6. If for any reason donated equipment remains serviceable, but no longer has utility in the college or District program for which the property was accepted, the property shall be disposed of pursuant to equipment transfer/disposal procedures.
  7. All offers of gifts and donations shall be in writing, and all responses to such offerings shall be in writing.
  8. No gift may be received in a custodial status, pending possible acceptance.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.7.2
Specific Guidelines for Acceptance

  1. Gifts, Grants, Donations or Bequests of Personal Property
    1. Offers received by college personnel shall be forwarded to the College President; offers received by District personnel shall be forwarded to the appropriate Vice Chancellor. The College President or Vice Chancellor shall make the initial determination as to the character and suitability of the prospective gift.
    2. If the appropriate administrator reaches a favorable conclusion concerning the acceptance of the property, procedures for acceptance of donated property shall be followed.
  2. Gifts, Grants, Donations or Bequests of Real Property
    1. All offerings for donation of real property shall be forwarded to the Chancellor or his designee, the Vice Chancellor for Business Services, for his/her consideration and further recommendation.
    2. The Chancellor or his designee, the Vice Chancellor for Business Services, shall review the offering and make final judgment as to the recommendation that shall be submitted to the Governing Board.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.7.3
Accounting Systems and Procedures

The Director of Financial Services/Controller shall establish, disseminate, and control the type and nature of procedures and records that shall be maintained.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.8 Current Auxiliary Funds (Fund 2) Budgets

These funds shall be administered in strict accordance with any federal laws, the Arizona Revised Statutes, legal opinions, revenue bond resolutions, and proper business procedures. The stewardship of funds shall be delegated for administration to District administrators to be administered within Maricopa Governance policies. Further, the Governing Board shall ensure that certain college programs be maintained on a continuing basis, especially those programs that are deemed to be important within the total educational philosophy of the District.

1.8.1
Approval and Administration

  1. Current Auxiliary Funds (Fund 2XX) budgets, including the Student Activities, Associated Students, Student Athletic, other auxiliary programs, course fees and non-credit programs budgets, are public monies and must be administered and audited as such.
  2. Fund 2 budgets are prepared annually under the direction of each College President/Provost, Vice Chancellor or Chancellor and are recommended to the Chancellor for inclusion in the proposed budget. The Chancellor submits recommended budgets to the District Governing Board for approval and adoption.
  3. After Board approval, the College Presidents/Provosts/Vice Chancellors/Chancellor are accountable and responsible for the administration of the college-based Fund 2 budgets at their respective colleges, including avoidance of deficits in any given fiscal year. The Vice Chancellor for Business Services may introduce intervention strategies to ensure that overspending will not occur.
  4. The priorities for Fund 2 should be made at the college or district office level. However, primary emphasis should be given to the Board's commitment to maintain programs that enrich the educational process and mission of the college.
  5. Vehicles financed through the Fund 2 accounts should be used only in the following ways and in the priority given below:
    1. Vehicles shall be used for their primary purposes (Fund 2 activities) as a first priority.
    2. Vehicles may be used by other persons or groups for approved activities when available as a secondary priority.
    3. All costs for secondary usage shall be borne by the secondary users.
    4. Operational procedures for usage of vehicles shall be at the college or District office level.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, April 22, 1980, Motion No. 4521
AMENDED, Governing Board Minutes, June 17, 1980, Motion No. 4596
AMENDED, Governing Board Minutes, November 13, 1980, Motion Nos. 4686 & 4687
AMENDED, Governing Board Minutes, December 9, 1980, Motion No. 4705

1.8.2
Standardized Fitness Center Fee Expenditure Categories

The Fitness Center fees are to be used to support and foster the goals and objectives of the Center, as defined and approved by the District and College administration.

Approved expenditure categories include Personnel Services for temporary employees; Contractual Services; Supplies and Equipment (maintenance and replacement); and other miscellaneous Fitness Center costs as approved by the Vice Chancellor for Business Services.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

1.9 Procurement of Goods and Services

1.9.1
Procurement Conflict of Interest Policy

  1. Policy Statement
    Pursuant to ARS §38-503, Governing Board members and employees who or whose relatives have a substantial interest in any decision of the District or who have a substantial interest in any contract, sale, purchase or service to the District shall make known such interest by filing a disclosure statement. A Governing Board member or employee disclosing such an interest shall refrain from voting upon or otherwise participating in any manner in such decision, contract, sale, purchase or service.
  2. The Chancellor or his/her designee is directed to inform employees of the contents of this policy and to designate an appropriate office with the responsibility for overseeing a process for monitoring and maintaining records and compliance.
  3. All Governing Board-Approved employees shall annually complete and submit a conflict of interest form and shall submit an acknowledgement that they have read and understand the District’s Conflict of Interest Policy. Board-Approved employees includes those who have or could attain permanent status, one year onlys, one semester onlys, Skill Center and specially funded employees. Updated disclosures shall be made during the year by the employee as needed if circumstances change.  Other employees may also be required by the Vice Chancellor of Business Services to annually complete these forms, given the nature of their job responsibilities and the potential for conflicts of interest. 
  4. All Board-Approved employees shall be required to take a course currently entitled:  Legal Issues: Public Sector Employment or its successor course offered by the District Employee and Organizational Learning Team or its successor office.

AMENDED November 27, 2007 by the MCCCD Governing Board, Motion No. 9452
AMENDED February 27, 2007 by the MCCCD Governing Board, Motion No. 9404
ADOPTED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, June 28, 1994, Motion No. 8262

1.9.2
Purchasing Authority

  1. The Vice Chancellor for Business Services is empowered by the Governing Board and the Chancellor to act as the Chief Fiscal Officer for the District.
  2. The authority to act as the Procurement Officer is delegated by the Vice Chancellor for Business Services to the Chief Procurement Officer, who shall be responsible to annually review the purchasing procedures and recommend appropriate policy revisions accordingly and to further delegate procurement authority as appropriate.
  3. Definition of Terms
    1. Acquisition: For purposes of this policy, the term "acquisition" means purchase, rental lease, lease/purchase or lease with option to purchase, or the contracting of service which produces revenue for the District.
    2. Capital Equipment: All items of furnishings and equipment which are capitalized within the guidelines for budgeting, accounting, and reporting, for Arizona community colleges including, but not limited to, equipment for occupational education programs, information technology, and new and replacement equipment.
    3. Real Property: All items, fixed in nature, which are capitalized within the guidelines for budgeting, accounting, and reporting for Arizona community colleges.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, October 24, 1995, Motion No. 8468

1.9.3
Thresholds for Competition

The Chief Procurement Officier is responsible for establishing and promulgating the thresholds for competition.  These competitive thresholds will be periodically reviewed and updated to meet the needs of the District.  The threshold for competition shall apply to all purchases, including professional services.  The Chief Procurement Officer shall prescribe varying levels of competition within these thresholds.  The specific thresholds and the guidelines regarding the processes to be used within these competitive thresholds shall be maintained in Appendix FM-2.

AMENDED through Direct Approval from the Chancellor, September 23, 2015
ADOPTED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation approval process, July 12, 2001
AMENDED through the Administrative Regulation approval process, May 13, 1997
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, October 24, 1995, Motion No. 8468

1.9.4
Supplier Development Policy

  1. The District is committed to increasing its commercial activities with minority and women owned businesses and, therefore directs the Chancellor or his/her designee to establish a Supplier Development Program for the purpose of identifying and recruiting minority and women owned businesses to participate in the District's procurement process.
  2. For purposes of this policy,
    1. "Minority Owned Business" means a business that is owned, operated and controlled at least 51% by a minority individual or individuals.
    2. "Women Owned Business" means a business that is owned, operated and controlled at least 51% by a woman or women.
    3. "Procurement" means the acquisition of goods or services as well as the contracting of operations or functions that either return revenues to the District or that operate at a break even.

ADOPTED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board minutes, July 26, 1994, Motion No. 8280

1.9.5
Privatization of Services Policy

  1. Policy Statement
    The Governing Board supports the concept of utilizing the most beneficial method of providing services and goods to the District, whether it be from the public or private sector. Whenever possible, established criteria shall be used to analyze the benefits of one source over the other.
  2. Delegation of Authority
    The Chief Procurement Officer, as delegated by the Governing Board through the Chancellor and the Vice Chancellor for Business Services, shall be responsible for establishing review criteria; for writing procedures relating to privatization; and for the timely review, action, and reporting on all privatization proposals. Personnel actions affecting District personnel as a result of privatization efforts are separate from procurement activities.
  3. Reports on Privatization Efforts
    A report shall be filed annually by the Chief Procurement officer outlining progress in the areas of privatization. Numbers of formal inquiries as well as any records of any appeals and their outcomes shall also be reported.
    This annual report shall be provided to other agencies such as the Private Enterprise Review Board, if so requested.
  4. Privatization Review Criteria
    Proposals for privatization will be evaluated on a number of factors including cost. Additional factors will depend upon the service or goods proposed, but may include:
    1. Quality of Service - the effect privatization will have on the quality of service.
    2. Cost Efficiency - the effect privatization will have on the quality of service.
    3. Market Strength - availability of private providers interested in providing the service.
    4. Risk to the District - degree which privatization increases District exposure to hazards and risk.
    5. Legal Barriers - the effect of laws on privatization decisions.
    6. Control - ability of the District to oversee and monitor the service, once it has been privatized.
    7. Resources - efficient and effective use of existing District assets.
    8. Impact on Employees - the effect privatization will have on both full time and student employees of the District.
    9. Political Resistance - opposition from the public, the provider of the service, interest groups, or elected officials.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board minutes, September 27, 1994, Motion No. 8307

1.9.6
Real Property

  1. All purchases of real property shall be made on behalf of and with the title residing with the Maricopa County Community College District. The District shall follow its own procedures for the acquisition and disposal of real property.
  2. Acquisition of land, buildings, site improvements, and internal systems (mechanical, electrical, and electronic) shall be processed through the District Purchasing Department.
  3. A building, structure, addition or alteration of a District facility may be constructed by force account employees if the cost does not exceed $40,000. Calculation of this threshold shall include all materials and services, including labor performed by District employees.

TECHNICAL REVISION approved by the Chancellor, May 9, 2012
ADOPTED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

1.10 Budget Transfers for Current Unrestricted Fund 1

1.10.1
Budget Transfers and Amendments That Require Board Approval

Once the Board has legally adopted the annual budget, the following amendments and transfers within the current unrestricted Fund 1 will require Board approval:

Any transfers from the basic contingency account into any other account.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, November 13, 1984, Motion No. 5797

1.10.2
Additional Budget Transfer Restrictions

  1. Transfers may not be made that violate approved staffing and approved rates of pay. The approved level of staffing is established in the final budget adopted by the Governing Board. Salary savings from unfilled positions may not be used in the current fiscal year to create additional positions that obligate the District beyond the current fiscal year.
  2. College Presidents, Vice Chancellors, the Chancellor, Provosts and Skill Center Directors may not permit transfers from any expenditure budget object code in their units if the transfer will result in insufficient budget to cover contractual obligations, supplies, utilities and communication costs and any other fixed or temporary cost of operating the colleges, District office or any of its centers. This is inclusive of salary and employee benefit costs related to permanent and temporary employees.
  3. Transfers may not be made if they result in an over expenditure of the total budget for each unit. If it appears that budget deficits will occur, the Vice Chancellor for Business Services is authorized to initiate intervention strategies to ensure that overspending does not occur.
  4. Unbudgeted transfers of actual revenues and expenses between funds may only be made if there is sufficient existing budget capacity in the fund receiving the transfer and if appropriate approvals have been granted. Unbudgeted transfers at a level of $20,000 and higher will be reported to Maricopa Community Colleges audit and finance committee and the Governing Board.
  5. If for any reason it is deemed necessary that transfers be made contrary to the above, approval must be received from the Vice Chancellor for Business Services or designee.

AMENDED through the Administrative Regulation approval process, January 7, 2002
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

1.11 Off Premise Property Loan

1.11.1
Off Premise Property Loan

The Maricopa County Community College District (MCCCD) Governing Board recognizes that a need exists for employees and Governing Board members to utilize property off premises for job related purposes or furthering the district's mission. This administrative regulation has been established pursuant to the Governing Board's Asset Protection policy title.

  1. General Use of MCCCD property off premises shall be limited as follows:
    1. Outside entities: the loan or off premise use of MCCCD property to or by other than MCCCD employees and governing board members, is prohibited unless authorized through an agreement between MCCCD and another public agency for the mutual benefit of both parties.
    2. Students: the loan or off premise use of MCCCD property to or by a student is prohibited unless a responsible college official has determined that such use is necessary for instructional purposes.
    3. Employees and Governing Board members: the loan of MCCCD property to or by an employee or a Governing Board member for personal reasons is prohibited.
  2. Responsibility for property taken off district premises: while the property is off premises, it is in the care, custody, and control of the lendee using it. Lendee is responsible for the property and its appropriate use and maintenance until the equipment return receipt has been completed. The lendee using the property must take all measures necessary to ensure the security of the property.
    While the property is in the possession of a lendee, lendee is responsible for returning the property to MCCCD in the same condition as lendee received it. Lendee agrees to assume the risk of loss or property damage due to the lendee's failure to exercise due care in the possession or use of the property. The phrase 'due care' means that level of care appropriate under the circumstances.
    Failure to exercise due care will be presumed unless the lendee can demonstrate that the property was lost or damaged despite the lendee's exercise of due care. If the property is damaged as a result of a failure to exercise due care, lendee agrees to pay the cost of repair with the cost of repair not to exceed the replacement value. At the discretion of MCCCD, and in the case of damage, MCCCD may require replacement rather than repair. The lendee assumes financial responsibility for loss or damage to property through their homeowner's insurance or personal funds.
  3. Loan or off premise use of property: MCCCD property loaned or taken off district premises regardless of duration must be recorded on a property loan agreement (Appendix FM-5 ). This form is used both to authorize and record the off premises use of MCCCD property. The following information is required:
    1. Identification of the lendee to be using the property off premises
    2. Off premises location of property
    3. Justification for taking the property off premises
    4. Complete description of the item(s) to be taken off premises
    5. Description of the condition of the property at date of loan

All off premise loans of property, regardless of duration, will be monitored by the President/Vice Chancellor, or his/her designee. Loans of property for thirty (30) days or less will require authorization by the vice president/dean, or his/her designee. Loans of property over thirty (30) days, or for out-of-state/out-of-country use for any duration will require authorization by the respective President/Vice Chancellor, or his/her designee, and documentation on file in the district property accounting department and human resources records department. Verification of property return by completion of return receipt on the property loan agreement will be the lendee's responsibility and must be verified by the respective vice president/dean, President/Vice-Chancellor or his/her designee.

 

1.11.2
Employee Return of Property and Assets

It is the policy of the Maricopa County Community College District (MCCCD) that assets be protected and scrupulously maintained. Consistent with that policy is the creation of procedures for retrieving personal property (including any outstanding debt or obligation to MCCCD) in the possession of employees who are to be transferred or reassigned to a different location within MCCCD, or are pending separation from employment, as well as rescinding or modifying, as necessary, those employees’ access to data, systems, and facilities.

  1. Each college President or Vice Chancellor shall designate an official(s) with general authority to ensure that:
    1. College-or District-owned property is retrieved from an employee whose employment assignment is either to be transferred or re-assigned to a different location within MCCCD, or is pending separation from MCCCD employment;
    2. Rescinding or modifying, as necessary, that employee’s access to data, systems and facilities; and,
    3. Ensuring that building security or college safety is formally notified of the departure of an employee whether due to termination, resignation or transfer, to facilitate deactivating building security badges and collect all keys to facilities.
  2. To facilitate compliance with this regulation, the Vice Chancellor for Human Resources shall cause to be issued appropriate procedures to be used to inventory MCCCD property and assets as they are assigned to each employee and the collection of assigned property and assets at the time of transfer, reassignment, or separation. Adherence to the steps detailed in those procedures (Appendix FM-13) shall constitute compliance with this regulation.
  3. Action as authorized by law, as well as by MCCCD policy and administrative regulation, may be taken against any person who willfully fails to return college- or District-owned property, or to surrender access to data, systems and facilities as required by this regulation. Such action may include, but is not limited to, withholding as appropriate, compensation due and owing to the employee, legal action in a court of competent jurisdiction, and employment discipline. Any payment by MCCCD of wages, salary, or other compensation shall not constitute  a  waiver of  any  claim by  MCCCD  over  a person’s  failure to  return  college-or District-owned property or surrender access to data, systems and facilities.

ADOPTED through the Administrative Regulation approval process, September 19, 2007

1.12 Sale of Products or Services

1.12.1
Philosophy

In no way may activities authorized under this regulation be construed to allow sales to reach a degree or scope so as to be interpreted as being "unfair competition" with local private enterprise.

AMENDED through the Administrative Regulation approval process, January 7, 2002

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.12.2
Authorization

Prior to participating in the sale of products or services, Revenue and Expenditure categories must be included in a program's budget, and approved by the Governing Board during the annual budget adoption process, or as legally changed during a fiscal year.

AMENDED through the Administrative Regulation approval process, January 7, 2002

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.12.3
Fees

Fees exchanged for products or services produced through an educational, training, or service activity shall be pre-approved by the Governing Board.

AMENDED through the Administrative Regulation approval process, January 7, 2002

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, July 31, 1979, Motion No. 4302

1.13 Internal Audit

1.13.1
Internal Audit Authority

The Internal Audit & Management Advisory Services (IAMAS) Department is granted authority to:

  1. Assess all MCCCD functions, programs and control systems, and is responsible to advise the Audit & Finance Committee and management concerning the condition of reviewed functions, programs and systems.
  2. Allocate resources, set frequencies, select subjects, determine scopes of work, and apply the techniques required to accomplish audit objectives.
  3. Obtain the necessary assistance of personnel in units of the organization where they perform audits, as well as other specialized services from within or outside the organization.

The IAMAS Department is not authorized to:

  1. Perform any operational duties for the organization.
  2. Initiate or approve accounting transactions external to the Internal Audit department.
  3. Direct the activities of any organization employee not employed by the Internal Audit Department, except to the extent such employees have been appropriately assigned to assist the internal auditors.

AMENDED by the Governing Board, February 27, 2007, Motion No. 9411
AMENDED through the Administrative Regulation approval process, January 7, 2002

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, August 22, 1995, Motion No. 8443

1.13.2
Internal Audit Access

In the performance of audits, members of the IAMAS team are granted unlimited accessibility to all MCCCD activities, records, property, and employees, within the limits of the law, and are charged with maintaining stringent accountability of safekeeping and confidentiality.  They are granted unrestricted access to the Chancellor, all Vice Chancellors, all college presidents and provosts, the MCCCD Governing Board, and the Audit & Finance Committee.

See Appendix FM-1, which contains the IAMAS Department’s mission statement, accompanied by explanatory sections on scope of work, accountability, reporting relationships and independence, responsibility, and standards of audit practice.

AMENDED by the Governing Board, February 27, 2007, Motion No. 9411
AMENDED through the Administrative Regulation approval process, January 7, 2002

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, August 22, 1995, Motion No. 8443

1.14 Capital Development Project

1.14.1

The Capital Development Advisory Council (CDAC) is designated by the district's governing board to review and approve capital development projects and to approve guidelines for the administration and management of capital development projects in the Maricopa County Community College District (district). Facilities Planning and Development (FP&D) is responsible for coordinating the activities of CDAC and for all major capital development projects in the district. In this role, the department oversees:

  1. The processes for conceptual approval, design, construction, furnishing and occupancy,
  2. Administrative and budgetary controls of the projects, and
  3. Departmental project accounting and reconciliation with business services.

AMENDED through the Administrative Regulation approval process, December 15, 2004
APPROVED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation Approval Process, May 13, 1997

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, September 26, 1995, Motion No. 8451

1.14.2

CDAC is responsible for the initial review and approval of the following, which are then forwarded to the governing board for final approval:

  1. Conceptual stage approval for capital development projects with a budget greater than $500,000.
  2. Selection of, and recommendations for award to architectural or engineering firms for capital development projects with a budget greater than $500,000
  3. All intergovernmental agreements (IGA'S) relating to real property, granting of easements, and purchases or sales of real property.
  4. All of the following with a value greater than $100,000:
    1. Construction contracts;
    2. Maintenance contracts;
    3. Contract change orders with individual items exceeding $100,000; and
    4. Procurement of furniture, fixtures, and equipment associated with capital development projects with individual items exceeding $100,000.
  5. Contract change orders with time extensions exceeding 60 days
  6. Capital development programs.

AMENDED through the Administrative Regulation approval process, December 15, 2004
APPROVED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation Approval Process, May 13, 1997

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, September 26, 1995, Motion No. 8451

1.14.3

CDAC is responsible for the review and final approval of the following:

  1. Purchase orders, contracts, and change orders for capital projects with individual items having a value from $50,000 up to $100,000.
  2. Change orders for capital projects with time extensions between 31 and 60 days.
  3. The transfer of budget funds between projects within college's or unit's overall budgets.
  4. Policies, procedures and guidelines for the administration and management of capital development projects.

AMENDED through the Administrative Regulation approval process, December 15, 2004
APPROVED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation Approval Process, May 13, 1997

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, September 26, 1995, Motion No. 8451

1.14.4

CDAC delegates the following approvals to the director of facilities planning and development in conjunction with the chief procurement officer and the director of finance:

  1. Purchase orders, contracts, and change orders for capital projects that have individual items with a value of less than $50,000.
  2. Change orders for capital projects with time extensions of 30 days or less.

AMENDED through the Administrative Regulation approval process, December 15, 2004
APPROVED through the Administrative Regulation approval process, January 7, 2002
AMENDED through the Administrative Regulation Approval Process, May 13, 1997

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, September 26, 1995, Motion No. 8451

1.15 Travel

1.15.1
Authority

Pursuant to ARS §15-1406B, a community college district may establish procedures and amounts for travel for a district purpose by a board member, member-elect, officer or employee. Such procedures and amounts may authorize reimbursement for lodging, subsistence, and travel expenses. The statewide travel policy as issued by the Arizona Department of Administration, is adopted by the Maricopa County Community College District (MCCCD) Governing Board as the principal authority for travel by board members, members-elect, officers and employees. In addition, the MCCCD travel regulation has been designed to qualify as an accountable plan under regulations established by the Internal Revenue Service.

Student Travel. In general, student travel is governed by this regulation. Circumstances where student guidelines differ from the general travel regulation are identified as being specific to students only.

Non-Employee Travel

Non-employee travel is subject to the overall financial guidelines for reimbursement. However, the actual payment for non-employee travel should be processed via MCCCD’s purchasing process.

Funds shall be properly budgeted and total travel amounts shall be specifically approved by the Governing Board at the time of annual budget adoption, or as legally changed during the fiscal year.

Each college is responsible for providing direction and information concerning travel to their personnel, subject to the limitation of the travel and expense allowance outlined within this regulation.

1.15.2
Definitions

  1. Academic Field Trip 
    A course related off-campus activity which involves travel for a group of students enrolled in a specific class. Academic field trips are limited to in-county with no overnight travel. Academic field trips do not require a travel authorization; however the activity must be approved via the college process for academic field trips prior to travel.  All other off-campus student activities/travel must adhere to 1.15.9 Student Group Travel.
  2. Approved Travel Status
    1. For a College/District traveler to be in approved travel status, the person must be conducting official College/District business with authorization as stated in 1.15.3 Approval Authority.
    2. If expenses are to be incurred and/or paid, a travel authorization must be completed and approved prior to travel. A conference brochure (or equivalent detailed document) should accompany conference-related travel requests. When travel expenses are not incurred or are paid for by another agency or individual, the traveler is still required to complete a travel authorization.
    3. The traveler assumes the financial risk and obligation for any travel purchase made prior to obtaining a fully approved travel authorization.
  3. Commute Miles 
    The distance between an individual’s residence and his or her duty post.
  4. Conference 
    Any event, including meetings, classes, educational workshops, etc., where the traveler is acting in an authorized/approved capacity for MCCCD.
  5. Conference Designated Lodging 
    The hotel where the conference is being held or the hotel(s) specified in the conference brochure (or equivalent detailed documents). (See 1.15.7 Lodging for additional information).
  6. Duty Post
    1. Employee 
      The place an officer or employee spends the largest portion of his or her regular working time or the place to which they return upon completion of a special assignment. An employee who has more than one place of work on a regular basis is deemed to have multiple duty posts. A duty post may also be a geographical area, such as different campuses or teaching locations or where the same routes are traveled frequently on one-day trips. Note: Commute mileage is to be based on no more than one round trip to/from duty post per day.
    2. Others 
      The duty post for members of boards, commissions, authorities, councils, and committees who are not full-time employees of the College/District served by the board, commission, authority, council, or committee shall be deemed to be their place of residence.
  7. Governing Authority 
    The individual or individuals authorized to approve travel. (See 1.15.3 Approval Authority)
  8. Ground Transportation 
    Tolls, taxi, shuttle bus, subway, light rail, streetcar, trains, ride share (Uber, LYFT), etc., use to and from airports, hotels, conference sites, train stations, or bus terminals as needed in order to conduct business is classified as ground transportation.
  9. Incidental Expenses 
    Expenses including, but not limited to, gratuities, laundry, baggage handling tips, and other tips. Incidental expenses are covered by per diem and are not eligible for separate reimbursement.
  10. In-County Trips
    Travel within Maricopa County and/or between MCCCD locations on official business.
  11. In-State Travel
    Travel on official business outside Maricopa County but within the state of Arizona.
  12. International Travel
    Travel outside of the parameters of the United States or its possessions or territories.
  13. Meals and Incidental Expenses (M&IE) 
    The cost to supplement sustenance as well as any incidental expenses while in approved travel status.
  14. Non-Employees 
    Any person who is not an employee of the District who is traveling for the benefit of or at the request of MCCCD. This includes, but is not limited to, District Governing Board Members, consultants, special speakers, accreditation committee members, Persons of Interest (POI), Contingent Workers (CWR), and grant recipients.
  15. Official Function 
    An activity or item that appears to be outside of the ordinary and necessary function of MCCCD as a public educational institution, but that provides a tangible benefit and links directly to MCCCD’s educational mission and is reasonable and commensurate in value to the tangible benefit that MCCCD will receive. Expenses incurred by a traveler for activities or events that are an official function must comply with the 1.16 Official Functions Administrative Regulation.
  16. Out-of-State Travel 
    Travel outside of Arizona, but still within the parameters of the United States, including U.S. possessions or territories.
  17. Per Diem Rate
    The daily maximum amount (or partial day, if applicable, see 1.15.6 Meal and Incidental Expenses) to reimburse meals and incidental expenses as established by the state of Arizona and accessible at Accounts Payable Travel Reference.

    Note: the amount allowed for meals is not intended to cover the entire cost of a meal taken while in travel status. The amount is calculated to compensate the traveler for the estimated difference between the cost of a meal taken on the road and cost of a meal prepared at home.
  18. Penny Travel ($.01)
    A travel authorization that is completed with no expected costs to the employee or the institution.  Examples include third party paid travel.  These authorizations do not require the traveler to create an expense report and will be closed by the fiscal office.
  19. Personal Travel
    A traveler may be authorized to combine business and personal travel.  Only expenses incurred on the days the traveler is on Maricopa business will be reimbursed.  If personal travel occurs during time normally scheduled for work, the traveler must charge the time to annual leave.
  20. Professional Growth Funds 
    Money made available by the District to support development activities of its employees. Criteria under which professional growth funds are awarded may differ by employee group and are outside the scope of this regulation. However, all awards as part of professional growth fund initiatives are subject to the regulations and procedures outlined in this policy.
  21. Residence 
    The actual dwelling place of the individual without regard to any other legal or mailing address. Individual(s) required to reside away from their primary residence due to official travel away from their duty post may continue to claim such domicile as their residence if said residence is either inhabited by their dependents, or is held vacant at tangible expense. No reimbursement for lodging or other expenses shall be allowed on the premises of an individual’s residence.
  22. Student Group Travel
    Students traveling together for a common event or purpose with at least one MCCCD employee. One travel authorization is required bearing the total expenses and supporting documentation for the primary employee and all students. All employees traveling must have their own travel authorization.  All subsequent travel authorizations for additional employees must reference the primary travel authorization.
  23. Traveler 
    Any employee or non-employee of the District who is in approved travel status.
  24. Valid Receipt 
    Any proof of payment from an authoritative source (including scanned or Online receipts) that includes sufficient detail to identify the services and/or items purchased. For airfare, car rentals, hotels, and registration fees, the receipt should be in the traveler’s name. Exceptions, such as for expenses shared by two or more employees, may be approved by the Fiscal Office.

1.15.3
Approval Authority

Travel for the MCCCD District Governing Board, its employees and representatives must be authorized by the appropriate governing authority or its designees. All procurement practices must be followed, and a fully approved travel authorization must be completed prior to the travel. It is the traveler’s responsibility to ensure all approvals are in place before travel.

In order for travel to be approved, the traveler must check the box on the Travel Authorization to certify that their expenses comply with Administrative Regulations 1.15 and 1.18. Travel approval is delegated to each College President and each District Executive, or their designees, for all employees under their areas of jurisdiction. Travel approval for the Governing Board members shall be by the Governing Board President.  Travel approval for College Presidents and District Executives shall be by the Chancellor or their designee. A District Executive will countersign for the Chancellor's travel.

No District obligation exists to reimburse any employee for travel costs unless the traveler is in an approved travel status prior to trip departure. Trips supported by professional growth funds are subject to the rules and requirements stated in this policy. In some cases, the funding source (professional growth, external grants, etc.) may have more restrictive guidelines than this regulation. 

In those situations, the provisions of the more restrictive funding source shall be followed. Except for the differences outlined by the more restrictive funding sources, this regulation shall be applied consistently to all employees and to expenses paid from any source of MCCCD funds.

Official Functions: Expenses incurred by a traveler for activities or events that are an official function must comply with the 1.16 Official Functions Administrative Regulation.

1.15.4
Limitations

Blanket Purchase Orders and MCCCD Purchasing Cards. Blanket purchase orders and MCCCD purchasing cards for travel expenses should only be used for approved travelers with an approved travel authorization. Travel expenses for companions of employees should not be included in Maricopa funding requests, regardless of intent to reimburse.

Most Direct Route. Reimbursement is limited to expense of travel by the most direct and usually-traveled route, by the most economical means of transport. When determining the most economical means, both cost and traveler’s time must be considered. That portion of travel that is by indirect route, which is not in the best interest of the College/District, or is for personal business, will not be reimbursed. Excess travel time will be charged to annual leave.

Submitting Expense ReportExpense reports must be submitted in the Financial Management System (FMS) within 30 calendar days after the end date of the approved travel authorization or by the last business day of the current fiscal year, whichever comes first. If an activity concludes during the last half of June, special efforts must be taken to submit expense reports by the last business day of the fiscal year for which the travel occurred. All reimbursement requests made after this timeframe require approval by the College President or designee and from the funding entity if professional growth funds are used.

Expense reports must be completed for every travel authorization, with the exception of Penny Travel ($.01) which are closed by the Fiscal Office, even if the employee is not seeking reimbursement.

Cost Overruns. Because estimates are used to develop trip budgets, travelers will be allowed a 10% tolerance level for over expenditures. No further approval by the governing authority is required. When the total expense of the trip exceeds 110% of the estimated total cost, reimbursement of the additional expense will be at the discretion of the governing authority that approved the travel authorization.

Funding Sources with Restrictive Guidelines. For travel situations that have more restrictive standards, such as external grants, professional growth, etc. the provisions of the more restrictive funding source shall be followed.

Mileage. Mileage only travel authorizations for a single type of activity, such as site visits, may  be created for an entire month or each individual trip.  Mileage only expense reports must be submitted in FMS within 30 calendar days after the end of each calendar month or by the last business day of the current fiscal year, whichever comes first.  No mileage may be claimed when using a College/District vehicle or when receiving a car allowance under an employment contract unless the travel is outside of Maricopa County, and then only for the miles outside the County.

Cash Advances. Cash advances for travel purposes will be approved only for student group travel. Supporting documentation that outlines how the advance amount was determined should be included as part of the travel authorization document. All Cash Advance requests must be fully approved at least 3 business days prior to departure for the payment to be received.  It is the traveler’s responsibility to check the status of approvals in FMS.  Every effort should be made to reduce the liability of the traveler(s) by pre-paying known expenses via purchase orders or charging expenses to a purchasing card. When settling cash advances, valid receipts (or signed meal forms when funds distributed to students; see 1.15.6 Meals for Student Group Travel are required and must be submitted within 30 days of completion of travel or the last business day of the current fiscal year, whichever comes first. Specific expenses as detailed in 1.15.11 Miscellaneous Travel Issues are not allowed. Any amounts paid to or on behalf of a traveler that have not been substantiated with an expense claim or valid receipts within 60 days of completion of travel will be deducted from the traveler’s wages.

In-County Travel. An approved travel authorization is required for in-county travel except when no costs are incurred.  An approved travel authorization is always required for student group travel. The Chief Financial Officer or Chief Operating Officer may approve travel expenses, including hotel stays, for certain conference formats that are held in-county.

Personal Travel.  If travel costs (transportation, lodging, meals) are increased due to a lengthened trip, the traveler is responsible for the increase and the traveler must pay for the travel costs using personal/non-Maricopa funds and be reimbursed for the business portion of the travel costs after the completion of the trip.

To determine the amount of reimbursement, determine what the cost of the business portion of the travel costs, independent of the personal portion, would have been.  The cost of the business portion of the transportation fare is the lowest fare that would have been or would be available for the business portion of the trip if the business travel were booked at least two weeks in advance of departure and neither the departure nor the return were to fall on a holiday weekend.

The allowable costs for lodging and meals include those that would have been covered for business only travel, independent of the personal portion.

1.15.5
Transportation

Allowable expenses include airfare, personally owned vehicle mileage, bridge and road tolls, necessary taxi,  ride share, shuttle, light-rail, subway, train/railroad, bus, ferry or streetcar fares, vehicle rental, and necessary parking fees.

Reimbursement will be made only for the method of transportation that is in the best interest of the College/District considering the travel expense as well as the traveler's time. When more than one traveler uses the same privately owned vehicle, only one claim for mileage reimbursement will be allowed and other travelers should be identified. Reimbursement rates are set by the Arizona Department of Administration and are incorporated by reference.

Driver's License/Insurance

  1. Before any employee of the College/District operates any vehicle, including a personally-owned vehicle, while engaged in any work phase of their employment with MCCCD, either assigned or implied, they must:
    1. possess a valid Arizona driver's license, and
    2. have read the MCCCD Administrative Regulation 4.14 Motor Vehicle Usage.
  2. The operator of a non-District personally-owned vehicle shall have in force a personal automobile insurance policy consisting of bodily injury and property damage liability limits which complies with Arizona Revised Statutes. Such personal automobile insurance policy shall provide primary coverage.

The District’s insurance program may be considered excess coverage for operators of personally-owned vehicles in approved travel status once primary coverage has been exhausted.

The District’s insurance program provides coverage to authorized drivers of College/District vehicles when on official College/District business. Passengers must be on official College/District business. Personal property stolen or damaged in an accident in any vehicle is not covered by the District’s insurance program.

College/District-Owned Motor Vehicles

  1. Every effort should be made to use a College/District-owned vehicle in place of personally-owned vehicles.
  2. The use of College/District vehicles for transporting individuals not essential to the purpose for which the vehicle was dispatched is prohibited.

Personally Owned Vehicle

  1. A traveler using a personally-owned vehicle for College/District business with supervisory and fiscal approval may receive mileage reimbursement regardless of eligibility for lodging or M&IE reimbursement.
  2. When the travel begins or ends at the individual's residence, mileage shall be computed from the residence or the designated duty post, whichever is the shorter distance. Commute mileage is to be based on no more than one round trip to duty post per day.
  3. When an individual is required to report to a duty post outside of normal working hours, reimbursement for mileage from residence to designated duty post and return is allowable.
  4. A personally-owned motor vehicle may be used for out-of-state travel with supervisory approval. Reimbursement for mileage is limited to no more than the lowest cost mode of transportation (including hotel parking) and should be documented by traveler and approved prior to travel.
  5. When a personally-owned vehicle is authorized for travel, reimbursement will be at the rate set by the Arizona Department of Administration computed by odometer readings or Online navigation mapping system. When using an Online navigation mapping system to determine mileage, a printout of the program showing the addresses and the calculation must be included with the travel claim.
  6. If a traveler driving a personally-owned vehicle is involved in an accident and found to be at fault, his or her personal automobile carrier is responsible to the limits of the policy. If the claim exceeds that coverage, the District’s insurance program will at that time cover the amount over the policy limits if the traveler was acting within the course and scope of his or her employment. If a traveler driving his or her own vehicle on College/District business is involved in an accident, regardless of fault, the College/District will not reimburse the traveler for any physical damage to the vehicle, including claims by any passengers not essential to the purpose for which the vehicle is operated.

Rented Motor Vehicles

  1. Rented vehicles may be authorized when more economical means of travel are not available. Use of rented automobiles shall be limited to instances where it is to the advantage of the College/District and not for the personal convenience of the traveler. The governing authority is responsible for determining the type of vehicle rented as well as whether or not the advantages of using a rented vehicle outweigh the costs of other modes of transportation. Reimbursement of motor vehicle rentals must be substantiated by a valid receipt.
  2. Travelers using rented vehicles will not be allowed to claim mileage. Reasonable gasoline purchases will be reimbursable if receipts are provided.
  3. The use of a rented vehicle for transporting individuals not essential to the travel purpose for which the vehicle was rented is prohibited.   

Airlines

  1. Airfare may be purchased via a purchase order with an approved travel agency, with a valid purchasing card, or as a reimbursement after travel has taken place. To reduce the liability to the traveler, every effort should be made to use a purchasing card or purchase order to an approved travel agency. Reimbursement for commercial airfare is expected to be at the lowest rate available.  However, if this rate does not allow for seat selection at the time of purchase, the lowest fare that includes seat selection is allowable. Receipts are required for baggage fees. Reimbursements are limited to one bag except for reasonable allowances (examples are team travel or international travel).
  2. Flight insurance purchased by the traveler is not reimbursable.
  3. If a trip is canceled, every effort must be made to recover the credit. The following situations describe the factors to consider when reimbursing for cancellations:
    1. When the cancellation of the trip was within the traveler’s control: 
      1. The traveler must reimburse the District/College for the cost of the ticket.
    2. When the cancellation of the trip was outside of the traveler’s control and:
      1. No credit is issued – the District/College will cover the cost of the ticket.
      2. A credit is issued – the credit must be used for MCCCD business travel or the traveler can “buy” the credit from the District/College for personal use. If the credit can’t be used, the District will absorb the cost of the ticket.
  4. Change fees
    The purpose of the change fee must be clearly documented in order to be reimbursed.
    1. Change fees can be reimbursed if the change was due to a circumstance or event outside the control of the traveler.
    2. Change fees will be reimbursed if the change enabled the traveler to decrease the cost of the trip by returning earlier than originally planned.

Railroads and Buses

Railroad or bus travel may be used when convenient or economical and if excessive travel time and additional expenses do not result.

Ground Transportation

  1. Tolls, taxi, buses, shuttle, light-rail, subway, train, streetcar, ride share, and parking are classified as ground transportation and are allowable.  The most economical means of transportation shall be used. Ground transportation for personal activities, such as sightseeing or travel to restaurants, is not reimbursable.  The business purpose for the ground transportation claimed must be identified.
  2. Ground transportation
    1. Receipts are required when the sum of ALL ground transportation expenses is equal to or exceeds $25.00.  Receipts are not required when the sum of ALL ground transportation expense is less than $25.00.  For ground transportation such as subways, buses, streetcars and light rail where receipts are not provided, the traveler may submit a ground transportation log in lieu of receipts.
  3. Parking includes airport parking, hotel parking, conference parking, and site parking and is allowable.
    1. When departing Arizona, parking for personally-owned vehicles at the airport is reimbursable at the economy lot rates. If a traveler is dropped off at the airport, parking is not reimbursable. When the traveler is picked up at the airport, up to one hour of parking may be reimbursed. 
  4. Tips for transportation and baggage handling, as well as storage charges are to be paid from the traveler’s M&IE allowance.

1.15.6
Meal and Incidental Expenses (M&IE)

A traveler shall be allowed reimbursement for actual cost of meals and incidentals in accordance with these rules not to exceed the per diem allowance rates. To be eligible for M&IE the traveler must be away from their residence or duty post substantially longer than an ordinary day’s work and be in approved travel status.  See 1.15.9 Student Group Travel for additional M&IE information specific to student group travel.

Meal Allowances. Regardless of any circumstance or condition, a traveler may not claim more than three (3) meals in any single calendar day or in any period of twenty-four (24) consecutive hours. Meals and incidental expenses shall not exceed those amounts allowed by Travel Regulation. To claim any meal expense, the traveler must show where and when the trip begins and ends.

Rates. Rates for per diem allowances for both domestic and international travel can be found at Accounts Payable Travel ReferenceTravelers are NOT required to provide receipts when claiming per diem.  When determining the rates for travel to Alaska and Hawaii, only the “Local Meals” rate column is eligible for per diem.

Note: The amounts allowed for meals are not intended to cover the entire cost of a meal taken while in travel status. The amounts are calculated to compensate the traveler for the estimated difference between the cost of a meal taken on the road and the cost of a meal prepared at home.

Full-Day Allowance. Except as may be otherwise provided, a travel day of fourteen (14) or more hours shall be considered a full day and entitle the traveler to reimbursement for up to three (3) meals. Exceptions include circumstances under which the traveler is provided one or more meals during the course of a day by some other means (such as meals served at a conference or on a plane). Reimbursement shall not exceed the daily per diem.

Partial-Day Allowances. When the travel day is less than a full day as described above, the following guidelines shall be applied to amounts for M&IE:

  1. Breakfast - when departure is prior to 7:00 a.m. and/or return is after 9:00 a.m.
  2. Lunch - when departure is prior to 11:30 a.m. and/or return is after 1:30 p.m.
  3. Dinner - when departure is prior to 5:00 p.m. and/or return is after 7:00 p.m.

Departure and return are measured from the time the traveler leaves and returns to their residence or duty post. Allowances for departure times prior to a mode of transportation leaving (i.e. airplane) may be considered reasonable. Partial day allowances for domestic and international travel are available at Accounts Payable Travel Reference

Meals Provided. If the traveler is provided a meal in the cost for other travel-related expenses, the traveler is not eligible for reimbursement for that meal. Regardless of menu, continental breakfast is considered a provided meal.

Cost of meals included with other charges: The traveler is not entitled to a meal allowance for meals provided free at an institution, on an airplane, included in conference registration fees or provided on a complimentary basis by the facility at which the traveler is lodged.

Special dietary needs: Meals satisfying special dietary needs will generally be provided by airlines, conferences, hotels, etc. if requested by the traveler. It is the traveler’s responsibility to make the necessary arrangements for such special meals on a timely basis. In order to claim a reimbursement for a meal when a traveler’s request for a meal satisfying a special dietary need has been denied, the traveler must provide a statement (with appropriate support) that details and certifies all of the following: 1) to whom such request was made; 2) by whom such request was denied; 3) the reason given for the denial; and 4) the special dietary needs of the traveler that could not otherwise have been accommodated.

Meals for Student Group Travel. The applied per diem amount for student group travel may be less than the published per diem rate. Whenever an employee (i.e., advisor or coach) receives funding for group or team meals, the meal form must state how the funds are being distributed and be signed when the distribution occurs. The use of prior signed meal forms is prohibited. Valid receipts are also required in instances when funds are not distributed to students, but the meals are paid for the group as a whole, or when all meals are paid from the advance.

Meals for a Group of Employees. When a group of MCCCD employees are traveling together and one employee pays, the host must have an approved "Official Functions Form" that was submitted in advance of the event. The "Official Function" activity will be reimbursed separate from the employee's travel expense. A valid receipt and list of participants must be submitted to substantiate the cost of the meal. Participating employees who did not pay shall not claim under the per diem rate for this meal. Official Function activity shall be limited to one meal per trip. Exceptions to this limit may be approved by the Chancellor, Chief Operating Officer, or Chief Financial Officer.

Incidental Expenses. Incidental expenses are included in the per diem rates for meals. No receipts are required.

 

1.15.7
Lodging

Lodging costs are allowable for out-of-county, out-of-state, and international travel and can include room rate, taxes, resort fees, and fees associated with room rate. Lodging is allowable when the traveler is required to be away from their residence or duty post substantially longer than an ordinary day’s work, and would not be able to return to their residence or duty post by 9:00 p.m. (Arizona time). Lodging must be at a commercial establishment, excluding private residences and/or airBnB or similar establishments.  The traveler is required to request the lowest available rate (government, commercial, corporate, conference, etc.).  Lodging costs incurred may be allowed if an emergency exists and the governing authority approves as designated in section 1.15.3 Approval Authority.

The Chief Financial Officer or Chief Operating Officer may approve in-county lodging for certain conference formats which requires prior approval.

Hotel Folio and Receipts. It is the traveler’s obligation, to ensure that the establishment can provide a detailed folio/receipt containing the room rate, taxes, resort fees and fees associated on the establishment’s letterhead or invoice.

Reimbursement Amounts. The allowable amount includes room charges and applicable taxes, and should not exceed the Arizona Department of Administration rate index. See Accounts Payable Travel Reference 

Note: Allowable amounts shall not exceed the actual amount of travel-related expenses.

Rates. The rates published in the Arizona Department of Administration rate index are limits for actual expenses and are not meant as a per diem for lodging expenses. If a situation exists that makes compliance with the maximums impractical, and the governing authority approves, actual lodging costs in excess of the Department of Administration’s rate index may be allowed.

Conference Travel. For conference travel, approval may be made at conference lodging rates. In these instances, the allowable amount will be the actual lodging cost, plus tax and hotel fees, of the conference designated hotel(s).

  1. When no vacancies exist at the conference designated hotel(s) the traveler can request reasonable accommodations at alternate hotels in the immediate vicinity of the conference.
  2. If the conference hotel rate in the conference designated hotel(s) is not available, the traveler can request reasonable accommodations at the conference hotel for the actual lodging costs.
  3. If the conference designated hotel(s) has vacancies and the traveler chooses to stay in a hotel other than a conference designated hotel, approval will be for the actual lodging cost, plus tax and transportation or parking, provided the total cost (including transport from hotel to the conference and back or parking fees) does not exceed the conference designated hotel cost.

Shared Lodging. When lodging is shared with another individual on College/District business, reimbursement will be made to the traveler who paid. When lodging is shared with an individual not on College/ District business (such as a spouse) the expense shall not exceed the single room rate plus tax.

Miscellaneous Business Expenses. Communication charges, including telephone, internet access in any location, faxes and copies that are required for business purposes only are allowable. Such charges and the business necessity should be identified on the travel authorization. Travelers should note the party to whom business calls were made and/or purpose. Personal phone calls are not allowable.

1.15.8
International Travel

All international travel, regardless of funding source or designation, must follow the International Travel Policy.  The Chancellor or their designee has final approval of all international travel, regardless of funding source or destination. College Presidents have first line of authority for all international travel involving students, faculty, and staff at their colleges. District Executives have first line of authority for all international travel involving staff in their divisions. The Provost has the authority to recommend for the Chancellor’s approval any proposed student education abroad, faculty exchange, or curriculum development initiative or reject the proposals because outcomes are not clear, criteria are not met, or program is not rigorous enough.

An International Travel Proposal is required for all international travel.  

Travel funded partially or entirely by outside sources. Travel funded by any outside source requires full compliance with the International Travel Policy, including completion of an International Travel Proposal.

Approval of expense reports. Traveler’s expense reports shall be approved by the traveler’s supervisor and the College/District Fiscal Office. Expense reports for College Presidents or District Executives are to be approved by the Chancellor or designee. Expense reports for vice presidents are approved by the College President. Governing Board Members’ and the Chancellor’s expense reports will be approved by a District Executive or designee. Reimbursement exceptions may be granted in extenuating circumstances upon review by the Chancellor, Chief Operating Officer, or Chief Financial Officer. When an individual is to remain in approved travel status for longer than 30 days, the Governing Board must approve the claim of lodging and M&IE.

International travel is generally prohibited in instances where either the learning or professional growth opportunity exists in the United States or its territories. See the International Travel Policy for exceptions.

Reimbursement. Reimbursements are limited to those travelers in approved travel status. If expenses are to be incurred and/or paid, each employee must complete an International Travel Proposal prior to travel. For group travel (students only), the International Travel Proposal must include a list of students participating in the trip. For travel involving conferences, a conference brochure (or equivalent detailed documents) must accompany the travel proposal. For travel not involving a conference format, documentation to support estimated costs must accompany the travel proposal.

U.S. Department of State (US DOS) allowances will be used for reimbursement amounts for all international travel. The listed amount includes allowances for both lodging and M&IE. Links to information regarding reimbursement amounts for foreign areas is available on the Accounts Payable Travel Reference website. 

M&IE. The daily total amount available for out-of-country M&IE should be allocated between meals, when necessary, using the following percentages (these percentages include allocating the incidentals that the US DOS identifies separately):

  • BREAKFAST 20%
  • LUNCH 25%
  • DINNER 55%

The partial day M&IE reimbursement rates are available on the Accounts Payable Travel Reference web, in the State of Arizona Accounting Manual.

Lodging. Please reference previous language within section 1.15.7 on allowable lodging expenses.

Conversion Rates. Conversion of foreign exchange should be completed by the traveler prior to submitting the reimbursement request. Conversion may take place prior to leaving Arizona or during travel with a receipt from an official banking establishment specifying the date, conversion rate, and amount converted. Conversion rates may also be calculated using the date each actual expense was paid from an official conversion web site of the traveler’s choice. Copies of the conversion table should be attached to the travel expense report.

Ground Transportation. Receipts are required for ground transportation amounts claimed above $25.00. When receipts are not available, the destination and expense should be noted on the ground transportation log.

 

1.15.9
Student Group Travel

One travel authorization bearing the total expenses and supporting documentation for the primary employee and all students is required.  Additional employees traveling with the group must have a separate approved travel authorization that references back to the group travel authorization.  A list of students participating in the trip must accompany the travel authorization, if known at the time of submission.  If specific students are not known at the time of the travel authorization submission, a headcount of students participating must be included.  A list of students participating must accompany the expense report.  Student group travel also requires all appropriate student travel forms (i.e. Travel Assumption of Risk and Release of Liability, emergency contact, forms specific to student international travel, etc.) to be retained by the college apart from the travel authorization.

Meals.  Student group meals may be computed to a per person amount not to exceed 80% of the allowable per diem rates established by the state of Arizona and accessible at Accounts Payable Travel Reference.  Councils or activities may have more restrictive guidelines.  The travel day begins at the time the student is required to report for the activity and ends when they are released from the activity.

Travel.  Student group travel always requires an approved travel authorization.

1.15.10
Travel and M&IE for Out-of-State Candidates and Finalists for Employment

The Governing Board authorizes the reimbursement of travel and M&IE expenses for out-of-state finalists for employment for Classified Staff Grade 125 and above; finalists for residential faculty positions; and candidates and finalists for Chancellor’s Executive Council positions under the following circumstances:

  1. The Chancellor, appropriate District Executive or College President verifies the need for an on-site interview and identifies appropriate funds to cover the costs of reimbursement.
  2. Reimbursement will be limited to actual expenses and valid receipts. The most economical means of transportation that is available should also be used.

1.15.11
Miscellaneous Travel Issues

Miscellaneous Travel Issues

Consultants. Travel for individuals not specifically covered by this Administrative Regulation, including consultants and other non-employees, should be included in the negotiated contracted for services.

Out-of-State Use of Equipment. Any out-of-state use of College/District owned equipment, including vehicles, must be specifically approved by the governing authority (as defined in 1.15.3). The guidelines set forth in 1.11 Off Premises Property Loan also apply.

Non-Reimbursable/Non-Allowable Expenses. The following expenses are NOT reimbursable under any circumstances:

  1. Alcohol
  2. Airline or social club membership dues
  3. Babysitting or childcare costs
  4. Clothing, luggage, briefcases
  5. Credit card delinquency fees/finance charges/annual fees
  6. Expenses for travel companions/family
  7. Early boarding
  8. Fast pass for TSA
  9. Frequent flier miles
  10. Health club facilities, saunas, massages
  11. Helicopter services for airport transfers
  12. Kennel fees and pet care for pets while on travel status
  13. Loss/theft of cash
  14. Loss/theft of personal property (lost baggage, etc.)
  15. Magazines, books, newspapers, or movies
  16. Optional travel or baggage insurance
  17. Parking or traffic fines
  18. Personal accident or property insurance
  19. Personal car repairs/routine maintenance or locksmith charges
  20. Personal entertainment/grooming/gifts/souvenirs
  21. Personal sightseeing/tourist activities
  22. Preferred seating
  23. Priority check in
  24. Overweight/oversize baggage fees (except with approval)
  25. Trip cancellation insurance
  26. Valet parking (except for when self parking not available)
  27. Wifi (except for MCCCD business purpose)

FAQs.  Additional clarifying and procedural information can be found in the Travel Frequently Asked Questions (FAQs) document available on the District’s Accounts Payable Travel Reference website.  The FAQs are intended to address business processes or questions that arise as travel is reviewed and approved and will be updated as needed.  

Other. Any travel issues that are not specifically addressed within this regulation require review by the Chief Financial Officer or the appropriate designee.

1.16 Official Functions

Scope of Coverage of this Regulation
This regulation covers expenses by MCCCD and its colleges and centers for official functions. Its purpose is to provide fiscal and legal guidelines and standards for making certain expense decisions, and to ensure documentation of such decision-making. It applies to official function expenses regardless of the fund from which they are made. The official function object code should be used for all expenses that fall within the definition of "official function" as specified in this regulation.

Definitions
The term "official function" means an activity or item that:

  1. Does not appear to be, without explanation, an ordinary and necessary function of MCCCD as a public educational institution; and
  2. Provides a tangible benefit and links directly to MCCCD's educational mission; and
  3. Is reasonable and commensurate in value to the tangible benefit that MCCCD will receive.

Paragraphs 9 and 10 below contain some examples of activities that are not official functions, and some that may be if properly documented.

General Standards

  1. Before the expense is made, the Chancellor, college presidents or Vice Chancellors must approve any expense for an official function on the "Official Function Form" (Appendix FM-7) or, for certain institutional or individual memberships as described in Paragraph 8, the "Membership Payment Worksheet" (Appendix FM-8). Those officials may delegate this authority only to designated college vice presidents. The person approving the "Official Function Form" or "Membership Payment Worksheet" must be someone other than the person signing the form as the requisitioner. Additionally, the requisitioner must be a full-time MCCCD employee.
  2. Approval of an official function expense must be based on a determination that the expense meets the definition of an "official function" specified in this regulation. The determination must be documented on the "Official Function Form" or the "Membership Payment Worksheet." Higher-dollar or entertainment expenses generally require particular specificity showing the linkage and benefit to MCCCD's mission.
  3. District Office, college or other appropriate fiscal officers must verify and approve the availability of funds under the selected budget account before an expense for an official function is made.
  4. The Legal Services Department, the Purchasing Department, or the Accounts Payable Office may request the submission of the "Official Function Form" or "Membership Payment Worksheet" before approving contracts, issuing purchase orders, or paying invoices related to an expense deemed to be an official function.
  5. The Fiscal Office of the MCCCD entity completing the "Official Function Form" or "Membership Payment Worksheet" must retain it for 3 years after the expense is made.
  6. MCCCD's Internal Audit & Management Advisory Services staff may annually audit the records of MCCCD entities to ensure compliance with this regulation.
  7. Student groups may make modest contributions or donations or purchase items to donate to third parties for charitable purposes but only if they use funds raised by them for that purpose. Other funds may not be used. For such contributions or donations, completion of the "Official Function Form" is at the discretion of the MCCCD entity. Contributions and donations of MCCCD funds or items purchased with MCCCD funds are otherwise prohibited.
  8. Expenses for MCCCD or individual memberships in professional organizations that are specifically and directly related to MCCCD's educational mission or to an employee's job are considered ordinary and necessary business expenses of MCCCD. Examples of membership expenses that are appropriate without further explanation are:
    1. American Association Of University Women
    2. Cooperative Education Association
    3. National Council For Student Development
  9. In each of those examples, the name of the organization demonstrates the connection and MCCCD entities need not complete the "Official Function Form" or the "Membership Payment Worksheet.

    However, the propriety of MCCCD or individual memberships in organizations whose names do not clearly establish that they are professional or academic and are related to public employment or education needs to be documented under this regulation. For those types of memberships, MCCCD employees must complete the worksheet entitled "Membership Payment Worksheet" (Appendix FM-8) and provide it to the college or other appropriate fiscal officer to retain. Colleges or other MCCCD entities may require executive-level approval of memberships.

    Payment of memberships in non-school related civic or community groups is inappropriate. Additionally, payment of individual memberships should be considered only if the organization does not allow an institutional membership, where the organization requires both an institutional membership and individual memberships for MCCCD employees participating in the organization, or where the appropriate fiscal officer determines that an individual membership is the most cost effective.

  10. Examples of expenses that don't meet any of the criterion for the definition of "official function" are charges for alcoholic beverages, charitable contributions or donations (except as described in Paragraph 7), dues for memberships in non-school related civic or community organizations (such as Rotary, Kiwanis) or in discount stores, gifts of any type for personal life events (such as births, deaths, weddings, funerals), and gifts for personal use (such as apparel, jewelry or luggage) in appreciation of an MCCCD employee or officer.

    Examples of expenses that may be official functions if shown to meet the criteria in 2. and 3. of the definition of "official function" are employee or officer retreats, employee or officer retirements, non-travel restaurant charges, conference banquet or hotel contracts, sponsorships and institutional memberships in chambers of commerce where the MCCCD entity is located (or where it maintains a strong community influence or presence).

ADOPTED through the Administrative Regulation approval process, April 14, 2003

1.17 Cash Handling

Scope of Coverage of this Regulation 
This regulation covers all Maricopa County Community College District (MCCCD) employees or offices (including, but not limited to: all employees – Board-approved or part-time, cashiers offices, performing arts centers, athletic facilities, program offices, etc.) that accept payment for any MCCCD services or donations (including, but not limited to: tuition, fees, dues, event tickets, etc.). Cash is defined as coins, currency, checks, money orders, credit cards, electronic funds transfers, and all cash equivalents (including, but not limited to: tokens, gift cards, tuition waivers, parking tickets, stamps).

General Standards

  1. To ensure strong internal controls over cash handling, to safeguard against loss and to meet our obligation to the community as stewards of public resources, the following elements of internal controls must be adhered to:
    1. Proper segregation of duties (i.e., dual controls)
    2. Specific safeguards for handling, transporting and storing cash
    3. Specific safeguards for deposits
    4. Independent reconciliation of deposit documents to receipts
    5. Management oversight and review of cash handling processes and personnel
  2. Each college and the District Office are required to establish written procedures for all locations that handle cash. Such procedures shall ensure compliance with all of the required internal control elements identified in 1. Such procedures shall address all control elements identified in 1 by reflecting the space, physical configuration, staff and other particulars of each location.
  3. The District’s Business Services division will review such written procedures for potential areas of concern relating to the required internal control elements. Such concerns will be noted and communicated back to the applicable College/District Office for further action.
  4. On or about January 1st of each year, each college and the District Office are to review the written procedures relating to cash handling. If significant changes are required, such changes are to be reviewed by the District’s Business Services division as in C. above.
  5. The District’s Internal Audit and Management Advisory Services Department may test the written procedures for compliance in accordance with their established audit plan.
  6. If inappropriate activity is suspected or determined (i.e., a pattern of cash shortages, forgery or alterations of checks, misapplication of tuition waivers, loss or damage to securities, computer fraud, etc.), the college or District Office staff should immediately notify their appropriate Vice President or Vice Chancellor, who should then notify Risk Management and Internal Audit and Management Advisory Services of any real or potential losses. The notifications stated above are critical as MCCCD has a limited discovery period in which to report such activity to our insurance carrier.
  7. If it is suspected that a theft has occurred, the appropriate law enforcement authorities must be notified.
  8. Annually, each employee responsible for handling cash will be required to complete an acknowledgement that they have read and agree to abide by established procedures for proper handling of cash.
  9. Annually, each Vice President or senior level administrator with supervisory or management responsibility for any and all areas that handle cash and the college President and Vice Chancellors with any and all responsibility for cash shall complete an acknowledgement that they will enforce the established procedures for the proper handling of cash.
  10. The Vice Chancellor for Business Services shall develop, make available and has the authority to require training as may be appropriate for any and all persons handling cash or supervising these individuals at the colleges, District Office or any district location.

ADOPTED by the Governing Board, February 27, 2007, Motion No. 9412

1.18 Gifts, Gratuities and Unrelated Compensation

This regulation outlines the restrictions for the acceptance of gifts, gratuities and unrelated compensation from vendors and others that are either doing business with or that seek to do business with the officers, employees and others who serve as agents on behalf of the Maricopa County Community College District (MCCCD).

For the purposes of this regulation, MCCCD defines business-related and normal working hours as follows:

  • business-related” means that the event or activity provides a direct and measurable benefit to either the MCCCD or a member institution, and the event is consistent with the job duties of the employee and the mission of the MCCCD.
  • normal working hours” means the time an employee is performing the job hired to do by MCCCD. It is understood that many positions have flexible hours.
  1. Gifts
    1. For the purposes of this regulation, MCCCD provides these definitions:
      1. “Employee” means all persons employed by MCCCD; full-time, part-time, adjunct and student worker, regardless whether they are Governing Board approved or not.
      2. “Gift” means any gratuity, honoraria, favor, entertainment, gift card, lodging, discount, loan or other item having monetary value. It includes services as well as gifts of transportation, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred.
      3. “Nominal Value” for this regulation, means $50.00 or less.
      4. “Token of Appreciation” means plaques, candy or similar commonly used inexpensive items given in gratitude.
      5. “Advertising/Promotional Items” – items such as pens, pencils, mugs, tote bags and calendars, key chains, etc. that is given for advertising or promotional purposes.
      6. “Vendor” means any company or individual in business to provide products or services to others. For purposes of this policy, the definition of vendor is not restricted to those individuals or companies that have already provided products or services to MCCCD.
    2. An employee may accept a gift of nominal value, such as a plaque, pen, or similar memento customarily given as appreciation for providing a service to an entity external to MCCCD.
    3. An employee may not accept, for personal use or ownership, gifts with a value in excess of $50 from a single source in a fiscal year. Likewise, gifts given to an employee’s family member or guest are also considered to have been received by the employee unless there is an independent relationship between the vendor and the employee’s family member or guest.
    4. An employee may accept a gift of perishable food (e.g. fresh fruit basket, cookie assortment, candy, etc.) of nominal value that is not a meal. Such perishable food items shall be shared among the department or division.
    5. An employee may accept a prize awarded through a random drawing or similar means while attending a conference, convention, seminar, institute or similar activity.
    6. An employee shall not accept cash or currency, or any other item of more than nominal value from anyone if it could be interpreted as a bribe or enticement to receive MCCCD business. If an employee receives something of greater than nominal value, the employee shall refuse it or, as soon as possible, disclose the circumstances relating to the acceptance of the item(s) to the Vice President of Administrative Services or Vice Chancellor for Business Services and deliver it to the appropriate college or District designee where it shall become the property of MCCCD.
  2. Meals, Beverages and Entertainment
    1. If there is the expectation of future financial benefit for the vendor, then an employee shall not allow any meal, beverage or cost of entertainment to be purchased for the employee or any member of the employee’s family by a person whom the employee knows or has reason to know is employed by or in any way associated with a current vendor or contractor of MCCCD. Under this regulation any purchase of meal, beverage or entertainment is prohibited whether the vendor/contractor offers to purchase the meal, beverage or entertainment with his or her personal funds, or with funds from any other source.
    2. An employee may allow a meal or beverage to be purchased by a vendor for the employee only if the meal or beverage is served as part of a banquet or dining function offered to participants at a conference, convention or similar activity. Such events would include sponsorships that are part of an educational, technical or professional development conference that is organized by an association and where the meal is included in connection with attendance at the conference. Upon prior review of a written justification and approval by the college’s Vice President of Administrative Services, or at the District Office, the Vice Chancellor for Business Services, an employee may attend product enhancement presentations. The provisions outlined in the regulation related to the acceptance of gifts and items shall still apply.
    3. An MCCCD employee who is also employed by another company may have a meal, beverage or the cost of entertainment purchased within the context of the other employment.
  3. Travel
    An employee shall not engage in any travel activity where the expenses are paid for by a vendor and where that activity could be interpreted as a bribe or enticement in order to receive MCCCD business. This would include vendor sponsored events that are marketed as a professional development activity, but that instead focus primarily on that vendor’s product, and where the trip includes social activity for the attendees.
    1. Non-Business Related Travel 
      An employee shall use paid leave for all time spent in travel that is not business-related that occurs during the employee’s normal working hours. For purposes of this regulation, appropriate paid leave for non-business related travel would include pre-approved vacation time, pre-approved banked vacation time or personal time.
    2. Business Related Travel
      1. An employee shall not be required to use paid leave for travel in connection with an event or activity that is MCCCD business-related. The employee may accept payment for necessary expenses (such as airfare, lodging, meals) from the entity or professional organization that sponsors the event or activity.
      2. An employee may engage in a business-related travel activity where the expenses are paid for by an educational institution or a non-profit organization, such as a professional association, whose mission is consistent with the mission of MCCCD, provided that there is no expectation that such travel will result in future financial benefit to said educational institution or organization.
      3. An employee may lead a class or group of students enrolled at a member institution in an MCCCD sponsored travel activity.
    3. Credit Course
      A travel agency or similar entity that arranges the travel activity may, in connection with a credit course offering, pay the expenses of:
      1. the employee who is leading the class or group,
      2. a person who is performing supervisory responsibilities over the students at all times throughout the travel, or
      3. one or more students enrolled in the class or group travel activity.
    4. Non-Credit Course
      An employee or other person participating in travel with a non-credit class shall not accept payment or reimbursement for any expenses associated with travel from the travel agency or similar entity.
  4. Discounts
    For purposes of this regulation, a “discount” is a reduction in the cost of goods or services charged by any entity to an MCCCD employee or student by virtue of that person’s employment or enrollment at an MCCCD college or location.
    1. The following are acceptable discounts:
      1. A discount that is part of an established and recognized program within MCCCD, such as the ‘employee store,’ wellness, or trip reduction programs, and is offered uniformly to all employees of MCCCD or of a member institution of MCCCD.
      2. A discount available pursuant to a policy in continuous effect and a recognized component of a benefits or compensation package that is recognized by the MCCCD Benefits and Compensation Department.
      3. A discount offered by a vendor for employees or students of educational institutions, regardless of whether such a vendor does business with MCCCD, provided that said discount is not in any way consideration or otherwise a factor in any transaction with MCCCD (i.e.: educational discounted software).
    2. The following is an unacceptable discount: A discount that is offered to select employees on an ad hoc basis as a result of the employee performing his or her job duties or as an incentive to influence conduct from a person seeking to obtain a contractual or other arrangement with MCCCD.

    3. Notice to MCCCD employees of the availability of any discount shall be conveyed in a manner that neither implicitly or expressly endorses nor otherwise speaks to the quality of the goods or services. The use of any MCCCD trademark or logo in connection with providing notice of the availability of a discount shall be limited to notice provided directly by the District Marketing Department.
  5. Honoraria and Similar Consideration
    1. Non-Business Related
      An employee may accept an honorarium, stipend or similar compensation or consideration from an entity external to MCCCD for an activity that is not business-related if:
      1. the entire activity occurs outside the employee’s normal working hours; or
      2. the employee uses personal leave or pre-approved vacation hours for the portion of the activity that overlaps the employee’s normal working hours; or
      3. the employee remits the honorarium, stipend, or similar compensation or consideration to the Vice President of Administrative Services at the location where the employee works. The honorarium, wages, similar compensation or consideration shall become the property of MCCCD. The Vice President of Administrative Services may consult with the Legal and Business Services Divisions for guidance on remissions. At the District Office, the employee remits the honorarium, stipend or similar compensation to the Vice Chancellor for Business Services.
    2. Business Related
      An employee may receive a modest honorarium or stipend for time spent preparing for presentations (keynote addresses, etc.) that are MCCCD business-related. Modest is considered to be limited or moderate in the amount of the honorarium. In addition, activities such as accreditation visits that may be considered MCCCD business-related due to the inherent nature of the event and the professional expertise of the employee(s), and that involve the offer of an honorarium, stipend or similar compensation or consideration from an entity external to MCCCD, are acceptable under the following conditions:
      1. If the activity occurs during work hours, the employee shall submit the honorarium or stipend to the college or foundation; or
      2. if the employee uses personal leave or pre-approved vacation hours for the portion of the activity that overlaps the employee’s normal working hours.
  6. Resource Development
    To the extent that employees of the MCCCD are engaged in an official capacity with duties that involve resource development and such involvement requires attending local events that are either hosted by or attended by vendors, such participation may be acceptable if it can be established that the event could result in expansion of District or college resources and that participation is disclosed in advance with the Vice Chancellor of Business Services. Attendance at vendor-invited events that would involve travel is not acceptable.
  7. College Course Materials – Board Resources 6.5
    Section 7 of this regulation has been adopted by the Governing Board and is incorporated here by reference.
    In accordance with ARS §15-1891, the MCCCD Governing Board establishes the parameters for employees when ordering course materials from publishers and working with book dealers:
    1. No faculty member or employee shall demand or receive any payment, loan, advance, good or deposit of money present or promised for selecting or purchasing specific course materials received for coursework or instruction, except that the faculty member or employee may receive:
      1. free review copies, complimentary teacher editions or instructional materials that are not intended to be sold by any faculty, staff or bookstore.
      2. royalties or other compensation from the sale of course materials that include the faculty member’s own writing or work.
      3. honoraria for academic peer review of course materials.
      4. training in the use of course materials and learning technologies.
    2. A faculty member or any other employee who is in charge of selecting or adopting course materials shall, prior to selection or adoption of any course materials, make a request for the following written information from the publisher of the course materials:
      1. A listing of relevant course materials offered by the publisher and whether each of the course materials are offered in a bundled package or sold separately;
      2. The suggested retail price, the estimated wholesale price or the price that the publisher makes available to the public for the course materials. The publisher may include the time period during which the pricing is available.
      3. The copyright dates of the previous edition if the copyright dates do not appear in the course materials.
      4. A summary of the substantive content differences between the current edition of the course materials and the immediate previous edition.
    3. A faculty member or any other employee who is in charge of selecting or adopting course materials shall place orders for such course materials by the date specified and communicated by the College or District bookstore to enable the College or District bookstore or contract managed bookstore to confirm the availability of the requested materials.
    4. An unsolicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or District location is presumed to be the property of the Maricopa County Community College District. However, such employee may nevertheless assume ownership of such materials if the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities.
      As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Appropriate disposition of the materials includes donation to a student or library or other non-profit or charitable organization, or returning the book to the publisher.
    5. This policy shall not be construed in a manner that violates academic freedom.
    6. For purposes of this policy:
      1. “Book buyer” means any person or entity, including a university or community college district bookstore, engaged in the purchase or sale of course materials.
      2. “Bundled” means one or more course materials that are packaged together to be sold as course materials for a single price.
      3. “Complimentary teacher edition” means a book with information that is meant for the exclusive use of faculty members, commonly labeled as an “instructor edition” or “instructor manual” and that contains answers and solutions, test questions and pedagogical techniques.
      4. “Course materials” means any textbook or other instructional tool published for the purpose of classroom instruction and used for or in conjunction with a course in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of an Arizona community college district.
      5. “Publisher” means any publishing house, firm or company that produces course materials.
      6. “Sample copy” means any book that is the same as the regular student edition.
      7. “Substantive content” means portions of a college textbook, including new chapters, additional eras of time, new themes or new subject matter.
      8. “Written information” means information provided on print material. Written information includes electronic communication or publication on a website.
  8. Solicited Course Materials
    A solicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or District location is presumed to be the property of the Maricopa County Community College District. However, such employee may nevertheless assume ownership of such materials if the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities.
    As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Appropriate disposition of the materials includes donation to a student or library or other non-profit or charitable organization, or returning the book to the publisher.

AMENDED through the Administrative Regulation approval process, May 26, 2010
ADOPTED through the Administrative Regulation approval process, September 22, 2009

1.19 Delegation of Authority for Grants

 

 

The purpose of this administrative regulation is to establish the authority by which grants may be approved on behalf of the Maricopa County Community College District and its college locations. Under the Maricopa Governance structure, the Governing Board delegates authority for administrative operations to the Chancellor. The Chancellor further delegates authority for grants as follows:

  1. Approval of Grant Applications Generally. The Executive Vice Chancellor and Provost or his or her designee is solely authorized to approve or sign, as applicable, grant applications. Approving or signing grant applications does not obligate the District to accept and enter into a contract to proceed. If a grant or subgrant is awarded through a grant or subgrant contract, that contract must be signed by the appropriate District Office staff named and authorized in writing by the Chancellor under the general contract signing procedures issued by the Chancellor.
  2. Electronic Grant Applications and Submissions. Managerial staff of the District Office Grants Development and Management Department is designated as the Authorized Organizational Representative for the purpose of taking electronic grant proposal-related actions (including applications and other submissions) with federal, state or local governments and with other selected organizations so long as those actions are approved by the Executive Vice Chancellor and Provost or his or her designee.
  3. Grants of $100,000 or More. Acceptance of grants in the amount of $100,000 or more requires the approval of the Governing Board.
  4. Administrative Acceptance of Grants. Grants amounting to less than $100,000 may be accepted and implemented without Governing Board approval if approved in advance by all of the following:
    1. The Executive Vice Chancellor and Provost or his or her designee;
    2. The appropriate President or Vice Chancellor if the grant is within his or her area of responsibility, or his or her designee; and
    3. The Chancellor or his or her designee.

ADOPTED through the Administrative Regulation approval process, February 8, 2012

1.20 Underwriting Activities for District-Sponsored Radio Stations

The District shall comply with those regulations and guidelines established by the Federal Communications Commission (FCC) governing underwriting activities of public radio stations. The Dean of Public Service at Rio Salado College (Station Manager) shall ensure that appropriate KJZZ, KBAQ, and SunSounds staff are aware of and are complying with the FCC regulations and guidelines.

 

ADOPTED through the Administrative Regulation approval process, January 25, 2012

Section 2, Students

Academic Calendars

Revisions Crosswalk

  • 2020-2021
    • On July 29, 2019, calendar was updated on page 3 under the section Calendar for less than 12-month regular employees. On page 3, the calendar for 10 month employees was corrected to state August 3, 2020. 
    • On May 13, 2019, calendar was approved to be posted. 
    • On June 4, 2019, calendar was approved to be updated. A technical correction was made to change the dates for finals week.  Finals week will end on Thursdays.
  • 2019-2020
    • On March 21, 2018, calendar was approved to be posted. 
    • On February 7, 2019, calendar was updated to remove the ASU Spring Break dates.  Links to ASU, GCU, NAU and University of Arizona calendars were incorporated on the last page for reference only.
  • 2018-2019
    • On June 1, 2017, calendar was approved to be posted.
    • On June 8, 2017, calendar was updated to correct page 1 "Veteran's Day" and page 2  "Veterans' Day."  It should read "Veterans Day." 
    • On January 28, 2019, calendar was updated to remove the ASU Spring Break dates.  Links to ASU, GCU, NAU and University of Arizona calendars were incorporated on the last page for reference only.
  • 2017-2018
    • On March 7, 2017, the calendar was updated on page 3, under the section "Calendar for less than 12 month employees."  The section states "9 month employees: August ­­­14, 2017 - May 11, 2018, 9.5 month employees: August 7, 2017 - May 18, 2018, 10 month employees: July 31, 2017 - May 25, 2018."
    • On November 2, 2016, the calendar was updated to correct three items: page 1 – Under FALL SEMESTER 2017 – “Mid-Year Recess (Campus Closed) Dec. 25 through Jan. 1;”

      page 2 – Under December calendar –“Mid-Year Recess (Campus Closed) Dec 25 through Jan 1;” and "Dec. 31 was moved from Monday to Sunday."

    • On September 7, 2016, the calendar was updated to correct five items.  On page one, under the section Fall Semester 2017 - Sunday, Dec. 10th is the last day of classes, and Mon-Thurs Dec 11-14 **Final Exams. On page one, under  the section Spring Semester 2018 Sunday, May 6th is the last day of classes and Mon-Thurs May 7-10 ***Final Exams.   On page 2, under the section December 2017 - Mid Year Recess (Campus Closed) Dec 24 (1/2 day) through Jan 2.  

    • On July 18, 2016, the calendar was updated to correct Summer 2018, the “Summer Semester Ends” date is listed as Thu Aug 3 instead of Thu Aug 2.  On page 2, a correction was made to the date for “Summer Semester Ends” to Thur Aug 2. On page 3, a correction to the “Summer Session Ends” date to Aug 2. 
    • On June 8, 2016, the calendar was updated to correct a typographical error. “AUG 14” should now read “AUG 13.”
    • On May 16, 2016, calendar was updated to add Friday and Saturday to Finals Week with a disclaimer.  
    • On January 14, 2016, calendar was approved to be posted.
  • 2016-2017
    • On June 6, 2016, calendar was updated to show the 2016 Mid-Year Recess from Dec. 25 through January 2.  Employees return to work on Tuesday, January 3.  
    • On March 18, 2015, calendar was approved to be posted. 
  • 2015-2016
    • On March 17, 2015, calendar was updated to correct "ML King Birthday." It should now read Martin Luther King, Jr. Birthday. 
    • On April 11, 2014, calendar was updated to reflect the return date for Employees as January 4, 2016
    • On May 8, 2013, calendar was approved to be posted
  • 2014-2015
    • On March 17, 2015, calendar was updated to correct  "ML King Birthday."  It should now read Martin Luther King, Jr. Birthday. 
    • On December 2, 2014, calendar was updated to reflect the 2014 Winter Break beginning Wednesday, December 24, 2014 at 12 pm through Friday, January 2, 2015.  Colleges and District business will resume on Monday, January 5, 2015. 
    • On April 25, 2014, the 2014-2015 calendar was updated to reflect the 10 month calendar for 10 month employees from August 4, 2014 - May 29, 2015.
    • On April 7,  2014, 2014-2015 calendar was updated to reflect ASU Spring Break March 8-15, 2015
    • On October 22, 2013, calendar was updated due to a correction made on Page 2 "2015 - Jan 9 Faculty Convocation - Faculty Accountability Begins."
    • On May 8, 2013, calendar was approved to be posted.
  • 2013-2014
    • On April 3, 2013, ASU calendar information was updated.
    • On May 22, 2012 revised calendar with correct Thanksgiving Holiday for FY2013-2014
    • On December 6, 2011 revised calendar with correct start date for fall 2013
  • 2012-2013
    • On April 3, 2013, ASU calendar information was updated.
    • On December 6, 2011 revised calendar to include five days of accountability for spring 2013 to resemble format of previous calendars
  • 2011-2012
    • On March 23, 2011 the Chancellor approved the observance of the New Year's Day holiday for Monday, January 2, 2012
  • 2009-2010
    • In 2009 it was brought to the attention of various admissions and enrollment personnel by several students that the published "last day student initiated withdraw accepted" did not match what was printing on a student's schedule from SIS. The A&R Council is recommending that in order to resolve this, we list an +  and ++ in place of the date, and at the bottom of the calendar note:
      • +See your student schedule in my.maricopa.edu for the Last Day to Withdraw without an Instructor Signature for each class in which you are enrolled.
      • ++Refer to the Important Deadlines for Students to determine the Last Day Student Initiated Withdrawal will be accepted.

2.1 General Regulation

  1. General Statement

    Compliance with Policies, Rules and Regulations
    Every student is expected to know and comply with all current published policies, rules and regulations as stated in the college catalog, class schedule, and/or student handbook. Documents are available on each college's website.

    Policies, courses, programs, fees and requirements may be suspended, deleted, restricted, supplemented or changed through action of the Governing Board of the Maricopa Community Colleges.

    The Maricopa Community Colleges reserve the right to change, without notice, any materials, information, curriculum, requirements and regulations.

    Note: The regulations that comprise the student section contain language that appears in various sources such as the Catalog Common Pages and the Student Handbook. All areas became Administrative Regulations with the 1996 adoption of the Governance Model. Changes are made annually either through the Administrative Regulations approval process, or by Board approval for those items that fall under its statutory duty, such as Tuition and Fees. In an effort to prevent duplication, topics in this section may be incorporated by reference, as they are featured in other areas of the manual and are noted accordingly.

    The Maricopa County Community College District Vision, Mission and Values that are featured in the Common Pages are a part of approved Governing Board policy and are located in the policy section of the manual. As such, the following statement related to Outcomes Assessment that appears in the Common Pages is presented here as a general statement.

  2. Outcomes Assessment 
     
    The mission of the Maricopa Community Colleges is "to create and continuously improve affordable, accessible, and effective learning environments for the lifelong educational needs of the diverse communities we serve." In order to evaluate how successfully the Maricopa County Community College District accomplishes this mission, student outcomes will be assessed as part of the continuous improvement process.
     
    Students may be asked to participate in a variety of assessment activities at each college. Assessment results will be used to improve educational programs, services and student learning. 

AMENDED through the Administrative Regulation Process, March 4, 2011

2.2 Admission/Registration/Enrollment

Admission Policy, Classifications & Procedures

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.1
Admission Policy

Persons meeting the admissions criteria may attend any Maricopa Community College of their choice. Falsification of any admission materials or official college records may be cause for denial or cancellation of admission. Exceptions to the admissions policies may be requested through the Admissions and Standards Committee. Admission is determined in accordance with state law (ARS §§15-1805.01 and 15-1821) and regulations of the Maricopa Community Colleges Governing Board.

Admission Classifications

  1. Admission of Regular Students
    Admission to the community college in Arizona may be granted to any person who meets at least one of the following criteria:
    1. Is a graduate of a high school, which is accredited by a regional accrediting association as defined by the United States Office of Education or approved by a State Department of Education or other appropriate state educational agency.
    2. Has a high school certificate of equivalency.
    3. Is at least 18 years of age and demonstrates evidence of potential success in the community college.
    4. Is a transfer student in good standing from another college or university.
  2. Admission of Students Under 18 Years of Age
    1. A community college in this state shall grant admission to any student who is under eighteen years of age and who achieves at least one of the following: 
      1. A composite score of 720 or more on the Preliminary Scholastic Aptitude Test (PSAT).
      2. A composite score of 720 or more on the Scholastic Aptitude Test (SAT).
      3. A composite score of twelve or more on the American College Test (ACT).
      4. A passing score on the relevant portions of the statewide assessment.
      5. The completion of a college placement method designated by the community college district that indicates the student is at the appropriate college level for the course.
      6. Is a graduate of a private or public high school or has a high school certificate of equivalency.
    2. A community college may limit the number of semester hours in which the student may enroll to not more than six (6) credit hours.
    3. Home schooled students are exempt from this sub-section.
    4. Students who enroll in vocational courses may be admitted on an individual basis with the approval of college officials if the students meets the established requirements of the courses for which the student enrolls and the college official determines that the student's admission is in the best interest of the student.
  3. Specialized Vocational / Training Program 
    Students who enroll in vocational courses may be admitted on an individual basis with the approval of college officials if the student meets the established requirements of the courses for which the student enrolls and the college officials determine that the student’s admission is in the best interest of the student.
  4. Western Undergraduate Exchange Program 
    The Western Undergraduate Exchange (WUE) program is a student exchange program coordinated by the Western Interstate Commission for Higher Education (WICHE) and administered by the Arizona Board of Regents. Through WUE, students who reside in western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming) and the Commonwealth of the Northern Marianas Islands (CNIMI) and who meet the eligibility requirements, pay 150 percent of the regular resident tuition plus fees. Students must mark prominently on the Student Information Form that they seek admission as WUE students. Students may not apply as out-of-state students and expect to receive the WUE tuition rate after admitted. Once admitted as WUE students, students may not petition for in-state residency. Further information may be obtained from the Admissions and Records Office/Office of Student Enrollment Services.
  5. Admission of F-1 Non-immigrant Students 
    Prospective students should contact the Admissions and Records Office/Office of Student Enrollment Services or designated office for the international student application form(s). When completed, the form(s) should be returned to the Admissions and Records Office/Office of Student Enrollment Services or the International Education office with all requested supporting documents. After the file has been reviewed, a notice will be sent to the applicant indicating either acceptance or denial of admission. 
     
    To be guaranteed consideration for admission, all application materials must be received by July 1 for the fall semester and November 1 for the spring semester.
     
    Prospective students seeking admission based on F-1 non-immigrant status must provide proof of secondary school completion with documentation comparable to a United States high school diploma or higher degree. It is recommended that F-1 non-immigrant students have graduated in the upper 50% of their secondary school (high school or equivalent) in order to ensure success in academic classes at this college. Applicants for admission to the college must have high school and college (if applicable) transcripts sent directly from the high school or college to the Admissions and Records Office/Office of Student Enrollment Services or designated office. In addition, it is the applicant’s responsibility to have all transcripts translated into English and evaluated by a foreign credential evaluation service if necessary.
    1. Admission to Academic Programs 
      Applicants who wish to enroll in an academic program at the college must present evidence of English language proficiency. If the Test of English as a Foreign Language (TOEFL) is used to satisfy this requirement, the applicant must attain a score of at least 500 (on the paper-based TOEFL) or 61 (on the internet-based TOEFL, known as the iBT). If the International Language Testing System (IELTS) is used to satisfy this requirement, an IELTS overall Band Score of 5.5 or better is required, and a minimum IELTS individual Band Score of 5.0 on each module is recommended. The dean or director of Admissions and Records Office/Office of Student Enrollment Services of the college may accept other proof of English language proficiency for admission purposes, such as the ASSET, ACCUPLACER, COMPASS or CELSA tests.
    2. Admission to an Intensive English Program 
      Applicants for admission to an Intensive English Program are advised to check with individual colleges for their respective admission requirements. Applicants must provide evidence of at least an intermediate command of English by way of one or more of the following criteria:
      1. At least six years of English language instruction as shown by the applicant’s school transcript(s);
      2. A minimum TOEFL score of 400 (on the paper-based TOEFL) or 23 (on the internet-based test);
      3. An original letter of recommendation from a teacher, school principal or headmaster/ headmistress, or the director of an English language institute attesting to the applicant’s proficiency at the intermediate level;
      4. Other credentials, test scores, interview results, or evidence accepted by the coordinator of an intensive English program or the college’s responsible designee. Students admitted to an Intensive English Program will not be allowed to enroll in courses outside those officially designated as part of the program unless and until they have met all of the prerequisites or other course requirements.
      5. Foreign students under certain types of visas may need special permission to enroll and should contact the appropriate college official.
    3. Financial Support
      Evidence of financial support will be required prior to issuance of the I-20 form. The colleges have no scholarship or financial aid provisions for foreign students; therefore, students must be fully prepared to meet the necessary financial obligations for the full time they will be in the United States. The colleges estimate a student’s average expenses for 10 months to be:
      Financial Support
      Tuition and Fees $8,010(1)
      Living Expenses $10,140(2)
      Books $800(3)
      Health Insurance $1,400(4)
      Total $20,350(5)

       

    4. Dependent Financial Guarantee 
      Evidence of financial support for dependents of F-1 and M-1 students (spouse and dependent children) is also required: $5,000 for the first dependent and $2,500 for each additional dependent.
    5. Health Insurance 
      All F-1 and M-1 students who have an I-20 issued by one of the Maricopa Community Colleges are required to purchase the Maricopa Community Colleges' international student health insurance plan. Health insurance coverage for dependents of F-1 and M-1 students is highly recommended. The Maricopa Community Colleges contracts with an insurance provider annually to offer a health insurance plan for F-1 and M-1 students. For more information contact the college Admissions and Records Office/Office of Student Enrollment Services or designated international student office.

Footnotes:
(1) Based on 2016-2017 tuition and fee schedule.
(2) Based on estimated living expenses for two (2) semesters (10 months).
(3) Based on average new and used textbook prices and rental rates. Assumes books are sold at the end of the semester.
(4) Based on the 2016-2017 insurance premium for the mandatory Maricopa Community Colleges' International Student Health Plan.
(5) Applicants must provide evidence of this minimum amount of financial support before an I-20 is issued.

AMENDED through the Administrative Regulation Process, June 4, 2019
AMENDED through the Administrative Regulation Process, June 5, 2017
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.2
Admission Information

Students must file a Student Information Form with the Admissions and Records Office/Office of Student Enrollment Services at the college of attendance. There is no charge for this service.

  1. Student Status 
    1. Freshman - A student who has completed fewer than 30 credit hours 100-level courses and above.
    2. Sophomore - A student who has completed 30 credit hours or more in 100-level courses and above.
    3. Unclassified - A student who has an associate degree or higher.
  2. Student Identification Number 
    Disclosure of the social security number is voluntary (ARS §15-1823). However, students must use social security numbers for reporting information pertaining to potential educational tax credits and for processing federal financial aid applications and Veterans Administration benefits.
  3. Residency for Tuition Purposes (See Appendix S-1)
    All students are classified for tuition purposes under one of the following residency classifications:
    1. Maricopa County resident
    2. Out-of-County resident
    3. Out-of-State resident (including F-1 non-immigrant students and students on other non-immigrant visas)

    Residency for tuition purposes is determined in accordance with state law (ARS §§15-1801et seq.) and regulations of the Maricopa Community Colleges Governing Board. All of the Maricopa Community Colleges are subject to the above statutes and regulations. Students who have questions about their residency should contact the Admissions and Records Office/Office of Student Enrollment Services for clarification.

    1. Implementation
      1. An applicant must be eligible to attend post-secondary education in the   United States prior to being eligible to register for classes and pay fees.
      2. Domicile status must be established before the student registers and pays fees. It is the student's responsibility to register under the correct domicile status.
      3. Enforcement of domicile requirements shall be the responsibility of the Chancellor of the Maricopa Community Colleges. The Chancellor has charged the Director of Admissions and Records or other designee at each college to make the initial domicile classification. In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source which is relevant to determining classification. The college may request written sworn statements or sworn testimony of the student.
      4. A request for review of the initial classification may be made to a district review committee. The request must be in writing, signed by the student and accompanied by a sworn statement of all facts relevant to the matter. The request must be filed with the admissions officer of the college within ten (10) days of receipt of notification of classification as a non-resident. Failure to properly file a request for review within the prescribed time limit constitutes a waiver of review for the current enrollment period. The decision of the review committee shall be final.
    2. Definitions 
      1. “Armed Forces of the United States” means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the commissioned corps of the United States Public Health Services, the National Oceanographic and Atmospheric Administration, the National Guard, or any military reserve unit of any branch of the Armed Forces of the United States.
      2. "Continuous attendance" means enrollment at one of Maricopa Community Colleges as a full-time or part-time student for a normal academic year since the beginning of the period for which continuous attendance is claimed. Students need not attend summer sessions or other such intersession beyond the normal academic year in order to maintain continuous attendance.
      3. "Maricopa County resident" means an individual lives in Maricopa County and has lived in the state of Arizona for at least one year prior (365 days) to the first day of the semester (as published in the approved MCCCD academic calendar posted online at Academic Calendars) and who is a United States citizen or in a lawful status. In-state residency must be established prior to county residency for those moving from other states. Refer to Section C for guidelines.
      4. "Domicile" means a person's true, fixed, and permanent home and place of habitation. It is the place where he or she intends to remain and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere. Visa status must confer the ability to establish domicile in the United States in order to be classified as an in-state student
      5. "Emancipated person" means a person who is neither under a legal duty of service to his parent nor entitled to the support of such parent under the laws of this state.
      6. "Full-time student" means one who registers for at least twelve (12) credit hours per semester.
      7. "Part-time student" means one who registers for fewer than twelve (12) credit hours per semester.
      8. "Parent" means a person's father, or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.
    3. Criteria for Determining Residency 
      1. In-State Student Status

        G.   A person holding an honorable discharge from the uniformed services of the United States from either active duty or reserve or national guard status, or who has retired from active duty or reserve or national guard status, shall be granted immediate classification as an in state student and, while continuously enrolled, does not lose in state student classification if the person has demonstrated objective evidence of intent to be a resident of Arizona that, for the purposes of this section, includes at least one of the following:

        1. Except as otherwise provided in this article, no person having a domicile elsewhere than in this state is eligible for classification as an in-state student for tuition purposes. Applicants for in-state tuition status and other public benefits must demonstrate lawful presence in the United States by presenting one of the documents listed in this regulation, under the section "Demonstrating Lawful Presence."
        2. A person is not entitled to classification as an in-state student until the person is domiciled in this state for one year preceding the official starting day of the semester, except that a person whose domicile is in this state is entitled to classification as an in-state student if the person meets one of the following requirements:
          1. The person’s parent's domicile is in this state and the parent is allowed to claim the person as an exemption for state and federal tax purposes.
          2. The person is an employee of an employer which transferred the person to this state for employment purposes or the person is the spouse of such an employee.
          3. The person is an employee of a school District in this state and is under contract to teach on a full-time basis, or is employed as a full-time non-certified classroom aide, at a school within that school District. For purposes of this paragraph, the person is eligible for classification as an in-state student only for courses necessary to complete the requirements for certification by the state board of education to teach in a school District in this state. No member of the person’s family is eligible for classification as an in-state student if the person is eligible for classification as an in-state student pursuant to this paragraph, unless the family member is otherwise eligible for classification as an in-state student pursuant to this section. Eligibility for in-state tuition is subject to verification of intent to domicile in this state.  Determination of residency is made by the admissions and records office/office of enrollment services.
          4. The person’s spouse has established domicile in this state for at least one year and has demonstrated intent and financial independence and is entitled to claim the student as an exemption for state and federal tax purposes or the person’s spouse was temporarily out of state for educational purposes, but maintained a domicile in this state. If the person is a non-citizen, the person must be in an eligible visa status pursuant to federal law to classify as an in-state student for tuition purposes.
        3. The domicile of an unemancipated person is that of such person's parent.
        4. An unemancipated person who remains in this state when such person's parent, who had been domiciled in this state, removes from this state is entitled to classification as an in-state student until attainment of the degree for which currently enrolled, as long as such person maintains continuous attendance.
        5. A person who is a member of the Armed Forces of the United States and who is stationed in this state pursuant to military orders or who is the spouse or a dependent child of a person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders is entitled to classification as an in-state student. The student does not lose in-state student classification while in continuous attendance toward the degree for which he or she is currently enrolled.
        6. A person who is a member of the armed forces of the United States or the spouse or a dependent of a member of the armed forces of the United States is entitled to classification as an in-state student if the member of the armed forces has claimed this state as the person's state of home record for at least twelve consecutive months before the member of the armed forces, spouse or dependent enrolls in a university under the jurisdiction of the Arizona Board of Regents or a community college under jurisdiction of a community college district governing board. For purposes of this subsection, the requirement that a person be domiciled in this state for one year before enrollment to qualify for in-state student classification does not apply.
        7. Immediate classification as an in-state student shall be granted to a veteran who meets the provisions of Arizona statute HB 2091, paragraph G, which reads:  
          1. A person holding an honorable discharge from the uniformed services of the United States from either active duty or reserve or national guard status, or who has retired from active duty or reserve or national guard status, shall be granted immediate classification as an in state student and, while continuously enrolled, does not lose in state student classification if the person has demonstrated objective evidence of intent to be a resident of Arizona that, for the purposes of this section, includes at least one of the following:
          1. Registration to vote in this state.
          2. An Arizona driver license.
          3. Arizona motor vehicle registration.
          4. Employment history in Arizona.
          5. Transfer of major banking services to Arizona.
          6. Change of permanent address on all pertinent records.
          7. Other materials of whatever kind or source relevant to domicile or residency status.
        8. A veteran using Chapter 30 or 33 benefits who does not otherwise qualify under item 7 above (paragraph G of PL 2091), or a veteran’s dependent or spouse who is using transferred Post-9/11 GI Bill® (Chapter 33) benefits or the Marine Gunnery Sergeant John David Fry Scholarship, may be eligible for immediate classification as an in-state student if he/she meets the provisions of Arizona statute HB 2091, paragraph H: h.  A person who, while using educational assistance under 38 United States Code Chapter 30 or Chapter 33, enrolls in a university under the jurisdiction of the Arizona Board of Regents or a community college under the jurisdiction of a community college district governing board within three years after the veteran’s discharge from active duty service of ninety or more days or within three years after the service member’s death in the line of duty following a period of active duty service of ninety or more days or who remains continuously enrolled beyond the three year period following the discharge    of the veteran or the service member’s death shall be granted immediate classification as an in-state student and does not lose in state student classification if the person has demonstrated objective evidence of intent to be a resident of this state that, for the purposes of this section, includes at least    one of the following: 

          Students are required to submit the following:

          1. Certificate of eligibility letter from the VA Awarding Chapter 30 or 33 benefits or the Fry scholarship, or the Dept. of Defense document approving the transfer of CH. 33 benefits

          2. DD-214 proving a minimum of 90 days service and no more than 3 years since discharge or since death of veteran

          3. Students must also provide at least one of the following:
            1. Registration to vote in this state.

            2. An Arizona driver license.

            3. Arizona motor vehicle registration.

            4. Employment history in Arizona.

            5. Transfer of major banking services in Arizona.

            6. Change of permanent address on all pertinent records.

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

        9. Per Arizona state law, a  person who is honorably discharged from the armed forces of the United States on either Active duty or Reserve or National Guard status, or who has retired from Active duty or Reserve or National Guard Status, shall be granted immediate classification as an in-state student on honorable discharge from the Armed forces and, while in continuous attendance toward the degree for which currently enrolled, does not lose in-state student classification if the person has met the following requirements:     

              a. Registered to vote in this state.

              b. Demonstrated objective evidence of intent to be a resident of Arizona which, for the purposes of this section, include at least one of the following:

                  1. An Arizona driver license

                  2. Arizona motor vehicle registration

                  3. Employment history in Arizona

                  4. Transfer of major banking services to Arizona

                  5. Change of permanent address on all pertinent records

                  6. Other materials of whatever kind or source relevant to domicile or residency          status

        10. A student using any VA educational benefits who does not otherwise qualify under items above shall be granted immediate classification as an in-state student, and while continuously enrolled does not lose in-state student classification if the person has demonstrated objective evidence of intent to be a resident of Arizona that for the purposes of this section, includes at least one of the following:

          1.       Registration to vote in this state

          2.       An Arizona driver license

          3.       Arizona motor vehicle registration

          4.       Employment history in Arizona

          5.       Transfer of major banking services to Arizona.

          6.       Change of permanent address on all pertinent records

          7.       Other material of whatever kind or source relevant to domicile or residency status. 

        11. A person who is a member of an Indian tribe recognized by the United States Department of the Interior whose reservation land lies in the state and extends into another state and who is a resident of the reservation is entitled to classification as an in-state student.
      2. Alien In-State Student Status
        1. An alien is entitled to classification as an in-state refugee student if such person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
        2. In accordance with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208; 110 Stat. 3009-546), a person who was not a citizen or legal resident of the United States or who is not lawfully present in the United States is not entitled to classification as an in-state student pursuant to ARS §15-1802 or entitled to classification as a county resident pursuant to ARS §15-1802.01. A student will be assessed out-of-state tuition until such time that documentation of lawful presence is received in the Office of Admissions and Records/Enrollment Services and (eligibility for) residency is confirmed. Documentation must be provided prior to the end of the term in which residency classification is being requested. Documentation received after the end of term will be used for residency determination in subsequent terms.
        3. In establishing domicile, the alien must not hold a visa that prohibits establishing domicile in the United States and this state. After meeting other domicile requirements, students holding valid, unexpired visas in the following categories may be classified as in-state students (See Appendix S-1A):

          A=Foreign Government Official or Adopted Child of a Permanent Resident
          E=Treaty Traders
          G=Principal Resident Representative of Recognized Foreign Member Government to International Staff
          H=H1B and H4     
          K=Spouse or Child of Spouse of a US Citizen, Fiancé or Child of Fiancé of US Citizen
          L=Intracompany Transferee or Spouse or Child
          N6=NATO-6 
          U, T=Victim of Criminal Activity
          V=Spouses and Dependent Children of Lawful Permanent Residents

        4. Students who hold a current visa and have submitted an I-485 to U.S. Citizenship and Immigration Services (USCIS), may establish residency if other domicile requirements have been met. Residency eligibility for I-485 applicants may be considered one year after the date on the USCIS Notice of Action letter (I-797c) confirming application for permanent resident status provided their prior visa status is one that allows the visa holder to establish domicile in the United States. Students must provide required residency documentation in addition to the (I-797) Notice of Action for residency consideration. In establishing domicile, the alien must be in a status that does not prohibit establishing domicile in this state for at least one year immediately preceding the official starting date of the semester. EXCEPTION: In the event that an alien student's parent is allowed to claim the student as an exemption for state or federal tax purposes (3C.1.2.A) (E.G. The student is under 23 and not emancipated), the student's residence is deemed to be the same as the parent's. If the parent holds a visa that is not listed in section 3 above, he or she would not be eligible to establish residency. In such circumstances, the student would likewise be barred notwithstanding his or her own filing of an I-485.

        5. Students who hold a current or expired visa and have applied for a change of status will retain their immigration status based on their prior visa status and not the status or visa for which they are applying. 

      3. Proving Lawful Presence in the United States
        All applicants for instate tuition (and other public benefits) must first show at least one of the following documents in accordance with ARS §1-502 to demonstrate that they are lawfully present in the United States by presenting to the Registrar at Least one of the following documents:
        • An Arizona Driver's License issued after 1996 or an Arizona Non-operating Identification License or an Arizona Instruction Permit.
        • A birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States (A hospital record/certificate and certified Abstract of Birth are not acceptable).
        • A United States Certificate of Birth Abroad.
        • A United States Passport.
        • A Foreign Passport with a United States Visa.
        • An 1-94 Form with a Photograph.
        • An appropriately designated United States Citizenship and Immigration Services Employment Authorization (Work Permit) or Refugee Travel Document [as listed on the Employee Authorization Document Chart].
        • A United States Permanent Resident Card
        • A United States Certificate of Naturalization.
        • A United States Certification of Citizenship.
        • A Tribal Certificate of Indian Blood.
        • A Tribal or Bureau of Indian Affairs Affidavit of Birth.
           
          * Tribal members*, the Elderly and "Persons with disabilities or incapacity of the Mind or Body," may submit certain types of documentation under section 1903 of the federal Social Security Act (42 United States Code 1396B, As Amended By Section 6036 of the Federal Deficit Reduction Act of 2005)** *A Document issued by a federally recognized Indian Tribe Evidencing Membership or Enrollment in, or affiliation with, such tribe.**If you think that this may apply, please contact the legal services department for assistance.
      4. Presumptions Relating to Student Status
        Unless there is evidence to the contrary, the registering authority of the community college or university at which a student is registering will presume that:
        1. No emancipated person has established a domicile in this state while attending any educational institution in this state as a full-time student, as such status is defined by the community college district governing board or the Arizona Board of Regents, in the absence of a clear demonstration to the contrary.
        2. Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile.
        3. A person who has been domiciled in this state immediately before becoming a member of the Armed Forces of the United States shall not lose in-state status by reason of such person's presence in any other state or country while a member of the Armed Forces of the United States.
      5. Proof of Residency
        When a student's residency is questioned, the following proof will be required.
        1. In-State Residency
          1. An affidavit signed by the student must be filed with the person responsible for verifying residency.
          2. Any of the following may be used in determining a student's domicile in Arizona:
            1. Arizona income tax return
            2. Arizona Voter registration
            3. Arizona Motor Vehicle registration
            4. Arizona Driver's license
            5. Employment history in Arizona
            6. Place of graduation from high school
            7. Source of financial support
            8. Dependency as indicated on federal income tax return
            9. Ownership of real property
            10. Notarized statement of landlord and/or employer
            11. Transfer of major banking services to Arizona
            12. Change of permanent address on all pertinent records
            13. Other relevant information
        2. County Residency
          A combination of the following may be used to determine a student's county residency:
          1. Notarized statements of landlord and/or employer
          2. Source of financial support
          3. Place of graduation from high school
          4. Ownership of real property
          5. Bank accounts
          6. Arizona income tax return
          7. Dependency as indicated on a Federal income tax return
          8. Other relevant information
    4. Concurrent Enrollment in Arizona Public Institutions of Higher Education (ARS §15-1807)(See Appendix S-3)
      Under Arizona Revised Statutes §15-1807, it is unlawful for any non-resident student to register concurrently in two or more public institutions of higher education in this state including any university, college or community college for a combined student credit hour enrollment of more than six (6) credit hours without payment of non-resident tuition at one of such institutions. Any non-resident student desiring to enroll concurrently in two or more public institutions of higher education in this state including any university or community college for a combined total of more than six (6) credit hours who is not subject to non-resident tuition at any of such institutions shall pay the non-resident tuition at the institution of his choice in an amount equivalent to non-resident tuition at such institution for the combined total of credit hours for which the non-resident student is concurrently enrolled

AMENDED through the Administrative Regulation Process, November 5, 2019
AMENDED by Direct Chancellor Approval, March 6, 2019
AMENDED by Direct Chancellor Approval, September 17, 2018
AMENDED by Direct Chancellor Approval, August 30, 2017
AMENDED by Direct Chancellor Approval, August 30, 2015
AMENDED by Direct Chancellor Approval, May 20, 2015
AMENDED through the Administrative Regulation Process, April 23, 2015

AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.3
Other Admission Information

  1. Veterans 
    By Arizona statute, any failing grades from any Arizona university or community college that were received prior to military service will not be used to determine admission to the community college for the honorably discharged veterans with two years' service in the Armed Forces of the United States. Students admitted or readmitted to the community college under this statute are subject to progression, retention, graduation and other academic regulations and standards. (See Withdrawal - Appendix S-7)
  2. Ability to Benefit 
    1. Federal guidelines require that students who are applying for financial aid demonstrate the ability to benefit. Under federal law, a student who enrolls after June 30, 2012, must be a high school graduate, have a GED certificate, or have completed a secondary school education in a home school setting that is treated as a home school or private school under state law, be admitted as a regular student, and be pursuing an eligible degree or certificate to qualify for federal financial assistance under Title IV of the Higher Education Act.
    2. For student enrolled prior to July 1, 2012, an evaluation during the admission process resulted in the student being admitted to the college with the status of Regular, Regular with Provisional Requirements or Special.
      1. "Regular" status, for the purpose of 2.2.3.2, is granted to an individual admitted to the college who is a high school graduate, has a GED certificate, or has completed a secondary school education in a home school setting that is treated as a home school or private school under state law. A student without a high school diploma or GED certification and beyond the age of compulsory high school attendance may be a regular status student if the student has been assessed to benefit from college instruction by receiving qualifying scores on approved assessment instruments. All regular status students must be pursuing a degree/certificate in an eligible program.
      2. "Regular with Provisional Requirements" status, for the purpose of 2.2.3.2, is granted to a student admitted to the college who is not a high school graduate, does not have a GED certificate, is beyond the age of compulsory high school attendance, or has completed a secondary school education in a home school setting that is treated as a home school or private school under state law, but has been assessed to benefit from college instruction and is pursuing a degree/certificate in an eligible program.
      3. "Special" status, for the purpose of 2.2.3.2, is granted to a student admitted to the college for concurrent enrollment or pursuing one or more courses of special interest and who meets all the requirements for admission.
  3. Transcripts 
    The Maricopa Community Colleges reserve the right to require an official transcript for admission to specific programs, for verification of course requisites and for determination of academic standing. The official transcript must be sent directly from the source institution to the college Admissions and Records Office/Office of Student Enrollment Services. The official transcripts may be sent via a secured website.  Please contact the Admissions office of the Maricopa College you plan to attend to verify which secure websites may be valid.  It is the student's responsibility to ensure that official transcripts have been received and are complete.
     
    Students entering as high school graduates may be required to submit high school transcripts.  Please contact the Admissions office of the Maricopa College you plan to attend for more information on preparing a home-schooled official transcript. Students entering as GED recipients may be required to present a copy of the high school equivalency certificate or official report of qualifying GED scores.
  4. Educational Assessment 
    All students are encouraged to undergo an educational assessment to determine course placement. Prospective students who do not possess a high school diploma or GED equivalence certificate are required to complete an educational assessment to determine their ability to benefit from college instruction. See Student Course Placement Process (AR 2.2.7)
  5. High Pressure Recruitment Tactics 
    The Maricopa County Community College District prohibits its employees from engaging in high-pressure recruitment tactics or in providing to any person or entity engaged in student recruitment, admission activity, or in making decisions regarding the award of Title IV, HEA funds, any commissions, bonuses, or other incentive payments based, in any part, directly, or indirectly upon successfully securing enrollments or the awarding of financial aid. (34 CFR 668.14(a)(22)(i)). 

AMENDED through the Administrative Regulation Process, November 5, 2019
AMENDED through the Administrative Regulation Process, October 23, 2019
AMENDED through the Administrative Regulation Process, June 5, 2017
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.4
Transfer Credit and Prior Learning Assessment Policy

TRANSFER CREDIT

A student enrolling at one of the Maricopa Community Colleges after having attended other post-secondary institutions can have coursework evaluated for transfer credit. To be eligible for evaluation, coursework must appear on official transcripts from the source institutions. The official transcripts must be mailed or sent through an approved electronic transfer method directly from the source institutions to the Admissions and Records/Enrollment Services Office of the receiving institutions. Hand-carried and emailed transcripts cannot be accepted for an official evaluation. Students should allow approximately 10 days before confirming with your Maricopa Community College that the transcript(s) was received.  The Admissions and Records/Enrollment Services Office at the receiving institutions will complete course-by-course evaluations for all submitted transcripts upon student request. The award of transfer credit shall not express or imply that all transfer credit will be fully accepted or applied toward all Maricopa associate’s degree and certificate requirements.
 

The Maricopa Community Colleges will evaluate coursework from institutions listed in the database of institutions and programs accredited by recognized U.S. accrediting organizations at the time the coursework was taken.  To be “recognized” means that the accreditors in the database have been reviewed by the Council For Higher Education Accreditation (CHEA) or by the U.S. Department Of Education (USDE) or both and meet the quality standards of the respective organizations.

College-level courses completed outside the United States and recorded on official transcripts will be evaluated for transfer credit, provided that the institution where the courses were taken is accredited by the Ministry of Education in that country. It is the student’s responsibility to submit all foreign and international transcripts to an approved international credential evaluation service to be translated into English (when applicable), evaluated on a course-by-course-basis, and sent directly to the receiving college(S). Contact your College Admissions and Records/Enrollment Services Office to obtain a list of recommended evaluation services.

CONDITIONS OF TRANSFER CREDIT:

  • The coursework was earned with a grade of “C” or better.  Course credit below 100 level, earned at an MCCCD institution prior to August 2020 or at a sending institution, cannot be used to calculate grade level.
  • Developmental coursework below 100-level is accepted for the purpose of fulfilling course prerequisites.  However, the credit does not apply toward a degree or certificate, and it does not transfer to another postsecondary institution.  It does, however, get added to the transfer credit report as part of the evaluation.
  • Courses with different credit systems (quarter hours, units) are converted to semester hours of credit. The semester conversion of quarter credits is at a rate of .67 semester credit hours for each quarter hour.
  • The age of credit may be considered in applying credit toward degrees and certificate programs.

REVERSE TRANSFER OF CREDIT

In an effort to assist former Maricopa students who have transferred to a university, the Maricopa Community Colleges offer reverse transfer of credit with participating universities.  Former Maricopa students may use this opportunity to fulfill previously incomplete coursework requirements.  Interested students at participating universities must meet university criteria to qualify for free transcript exchange when available.  Participation in reverse transfer of credit does not guarantee coursework applicability or degree or certificate eligibility.  Students participating in reverse transfer of credit must meet all curriculum and college requirements.

PRIOR LEARNING ASSESSMENT (PLA)

The Maricopa Community Colleges are committed to the idea that people deserve credit for college-level learning, no matter how it was acquired. Many people have developed learning outside of the traditional classroom. This evaluation of credit is referred to as Prior Learning Assessment, or PLA. Prior learning can be identified and assessed in a variety of ways to determine if college credit should be awarded.  PLA credit may be awarded if the following standards have been met:

  • Student has been admitted to the college.
  • Student has declared a pathway (certificate or degree).
  • The learning is college level and verifiable.
  • PLA credit may be applied toward a degree program, certificate, general education requirements, concentration, and general electives that count toward the student’s elected pathway.  Some restrictions may apply depending on the specific program of study.
  • PLA credit may satisfy prerequisite requirements using the same policy that applies to other course equivalencies.
  • All work assessed for PLA credit was earned with a grade of “C” or better.

Students may be awarded no more than 30 credit hours through prior learning assessment, unless required by a specific program of study within the Maricopa Community Colleges. Exceptions include evaluated credit from post-secondary institutions and military credit as indicated on joint service transcripts.  Credit awarded for prior learning does not count as hours in residence for graduation requirements. Exceptions may be granted at some of the Maricopa Community Colleges for unique programs of study. No more than 20 credit hours may be applied to the Arizona General Education Curriculum (AGEC). Please direct questions about Prior Learning Assessment at the Maricopa Community Colleges to the Admissions and Records/Enrollment Services Office.

PRIOR LEARNING ASSESSMENT FEE SCHEDULE

No fees are assessed by the college for the following types of Prior Learning Assessment:  transfer credit from regionally or non-regionally accredited institutions, standardized College-Level Exams (such as CLEP, AP, IB, DSST,  CIE), GED exams, Military Transcripts, ACE (American Council On Education) transcripts, credit received through companies that offer nationally recognized credit evaluated by ACE, NCCRS, ETC. (STRAIGHTERLINE, NOCTI, STUDY.COM, etc.), International coursework that has been officially evaluated by a Foreign Evaluator Service (such as Educational Credential Evaluators), and Skill Center and/or Clock Hour Transcripts.

Departmental Challenge Exam and Credit By Evaluation

See tuition and fees schedule

 

CREDIT BY EXAM (COLLEGE-LEVEL EQUIVALENCY EXAMINATIONS)

ACE has published credit recommendations for a number of national standardized examinations such as the ones listed below in the Guide To Educational Credit By Examination. The Maricopa Community Colleges use these recommendations as guidelines to award credit for equivalent coursework as well as elective credit. The number of credits listed in the ACE guide are recommendations only. A college is not required to grant a student the number of credits recommended.

Scores must be sent directly to the Admissions and Records/Enrollment Services Office from the specific testing company(s) before credit is awarded; equivalencies are subject to review and change. Credit received through Prior Learning Assessment is transferable within the Maricopa Community Colleges but is not necessarily transferable to other colleges and universities. Therefore, students are strongly advised to research the Credit for Prior Learning Assessment policies at any college or university outside of the Maricopa Community Colleges to which they plan to transfer.  Credit By Exam is awarded based on equivalencies in effect at the time of evaluation.  Changes to exams and scores are determined by the respective Maricopa Instructional Councils (ICS) and/or Statewide Articulation Task Forces (ATFS).

Maricopa recognizes the following examinations:

  • Advanced Placement (AP)
  • American College Testing Proficiency Examination Program (ACT-PEP)
  • Cambridge International Exams (CIE), A and AS LEVEL
  • College-Level Examination Program (CLEP)
  • Departmental Exams (also known as “CHALLENGE EXAMS”)
  • Defense Activity For Non-Traditional Education Support [DANTES] Subject Standardized Tests (DSST)
  • GED, College Ready + Scores
  • International Baccalaureate (IB) Diploma/Certificate
  • PEARSON VUE Exams

Fees for standardized exams are the responsibility of the student.

Current list of exams and scores

ADVANCED PLACEMENT (AP) CREDIT

Students who have taken an advanced placement course of the College Entrance Examination Board (CEEB) in their secondary school and who have taken an Advanced Placement Examination of the CEEB may receive course credit. Scores must be received directly from CEEB to Admissions and Records/Enrollment Services before credit is awarded.

AMERICAN COLLEGE TESTING PROFICIENCY EXAMINATION PROGRAM

The Maricopa Community Colleges may award credit for the American College Testing Proficiency Examination Program (ACT-PEP) based on the scores earned to Admissions and Records/Enrollment Services.

CAMBRIDGE INTERNATIONAL EXAMINATIONS (CIE) A AND AS LEVEL

Students who have taken a Cambridge International Examination may receive college credit.  Scores must be received directly from CIE to Admissions and Records/Enrollment Services before credit is awarded.

COLLEGE LEVEL EXAMINATION PROGRAM (CLEP)

Students who have taken a College Level Examination of the College Entrance Examination Board (CEEB) may receive college credit.  Scores must be received directly to Admissions and Records/Enrollment Services from CEEB before credit is awarded.

Estrella Mountain Community College, Rio Salado College, Paradise Valley Community College, and Mesa Community College are CLEP test sites. For more information on registering for the CLEP examinations, contact the Testing Centers at these colleges.

DEPARTMENTAL EXAMS (Also known as CHALLENGE EXAMS)

Students may apply for Departmental Credit By Examination in certain courses by obtaining the appropriate form in the Admissions and Records Office, paying the required fee, and completing the examination and other requirements of the college. See fee schedule for appropriate fees.  Students may not request:

  • To challenge a course a second time;
  • To challenge a course while currently enrolled in the course;
  • To establish credit in a previously completed course; and
  • To establish credit for a lower level of a course in which credit has been received.

Additionally:

  • Exceptions may be granted at some of the Maricopa Community Colleges for their unique programs of study.  Specialized programs may allow courses to be repeated due to the student needing to have recent knowledge of the content in order to progress in the program.
  • Academic departments may have additional requirements that must be met before credit may be granted through Departmental Credit By Examination.
  • Only grades of A, B, C, D or P earned as a result of this examination will be recorded on the student’s transcript. Fees are not refundable after the examination has been administered, regardless of results.
  • When credit is granted as outlined above, a notation of “Credit By Examination,” a grade and the number of credits will appear on the student’s transcript. The grade is used in computing the grade point average.

DSST (Formerly DEFENSE ACTIVITY FOR NON-TRADITIONAL EDUCATION SUPPORT or DANTES)

The Maricopa Community Colleges may award credit for DSST Examination Program to individuals who meet or exceed the ACE recommended scores for awarding credit on the DSST Exams. The Maricopa Community Colleges do not award credit for ENG 102 through DSST Examination. Credit received through DSST is transferable within the Maricopa Community Colleges, but is not necessarily transferable to other colleges and universities. 

The assessment center at Rio Salado College is a DSST test site. For additional information on registering for DSST Examinations, call (480) 517-8560.

Students who have taken a DSST Examination may receive college credit.  Scores must be received directly from DSST before credit is awarded.

GED EXAMS

The Maricopa Community Colleges may award credit for GED subject area scores designated as College Ready + In Accordance with the ACE recommended scores.  The transcript needs to be sent directly by the Department Of Education to the Admissions and Records Office /Enrollment Services in order to be awarded credit.  Disclaimer: test scores are continually reviewed and may be updated at any time.

EDUCATIONAL EXPERIENCES IN THE ARMED SERVICES 

The Maricopa Community Colleges may award credit for military experiences based on the ACE Guide To The Evaluation Of Educational Experiences In the Armed Services. A student may receive college credit if:

  • Training parallels a discipline area offered through the Maricopa Community Colleges, and
  • Credit meets a program requirement or is used as elective credit.

Upon request, individuals who have successfully completed basic training, four (4) credit hours in physical education will be awarded as indicated in the ACE Guide and the Community College of The Air Force Catalog. Official documentation of military training is required.    

INTERNATIONAL BACCALAUREATE (IB) DIPLOMA/CERTIFICATE

Students who present an International Baccalaureate Diploma/Certificate may qualify for college credit. Maricopa grants credit for college-level courses only. Scores must be received directly from the institution where the exams were administered before credit is awarded.             

CREDIT BY EVALUATION

COLLEGE CREDIT RECOMMENDATION SERVICE 

ACE evaluates training programs offered by business, industry, and government and publishes its credit recommendations in The National Guide. If a student has received training that appears in the guide, he or she may receive college credit if:

  • Training parallels a discipline area offered through the Maricopa Community Colleges, and
  • Credit meets a program requirement or is used as elective credit.

DEPARTMENTAL CREDIT BY EVALUATION

Students may apply for Departmental Credit By Evaluation in certain courses by obtaining the appropriate form in the Admissions and Records /Enrollment Services Office. The completed Credit By Evaluation form and the required fees are due to the college when the Credit By Evaluation request is submitted.

Some academic departments may have additional requirements that must be met before credit may be granted through Departmental Credit By Evaluation. When credit is granted a notation of "Credit By Evaluation," and the number of credits will appear on the student's transcript. These credits are not used in computing the grade point average. Credit By Evaluation is transferable within the Maricopa Community Colleges, but is not necessarily transferable to other colleges and universities.  Students may not request:

  • To challenge a course a second time;
  • To challenge a course while currently enrolled in the course;
  • To establish credit in a previously completed course; and
  • To establish credit for a lower level of a course in which credit has been received.

 

AMENDED through the Administrative Regulation Process, November 5, 2019
AMENDED through Direct Approval by the Chancellor, August 10, 2018
AMENDED through Direct Approval by the Provost, May 8, 2018 
AMENDED through Direct Approval by the Chancellor, June 28, 2017
AMENDED through Administrative Regulation Process, June 5, 2017
AMENDED through Direct Approval by the Chancellor, January 4, 2017
AMENDED through Direct Approval by the Chancellor, May 16, 2016
AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.5
Catalog Under Which a Student Graduates

Students maintaining continuous enrollment at any public Arizona community college or university may graduate according to the requirements of the catalog in effect at the time of initial enrollment or according to the requirements of any single catalog in effect during subsequent terms of continuous enrollment. Students may maintain continuous enrollment whether attending a single public community college or university in Arizona or transferring among public institutions in Arizona while pursuing their degrees.

  1. A semester in which a student earns course credit will be counted toward continuous enrollment. Non-credit courses, audited courses, failed courses, or courses from which the student withdraws do not count toward the determination of continuous enrollment for catalog purposes.
     
    EXAMPLE A
    Admitted & Earned Course Credit at a Public Community College or University Fall ‘05 (Active)
    Continued at a Public Community Spring ‘06, Fall ‘06 (Active)
    College Transferred to a University Spring ‘07 (2005 or Any Subsequent Catalog)
    EXAMPLE B
    Admitted & Earned Course Credit at a Public Community College or University Fall ‘02 (Active)
    Enrolled But Earned All Ws, Zs, or Fs Spring ‘03 (Inactive)
    Enrolled in Audit Courses Only Fall ‘03 (Inactive)
    Nonattendance Spring ‘04 (Inactive)
    Transferred to a University  Fall ‘04 (2004 or Any Subsequent Catalog)
  2. Students who do not meet the minimum enrollment standard stipulated in No. 1 during three consecutive semesters (fall/spring) and the intervening summer term* at any public Arizona community college or university are no longer considered continuously enrolled, and must meet requirements of the public Arizona community college or university catalog in effect at the time they are readmitted or of any single catalog in effect during subsequent terms of continuous enrollment after readmission.
     
    EXAMPLE A
    Admitted & Earned Course Credit at a Public Community College or University Fall ‘02 (Active)
    Nonattendance Spring ‘03, Fall ‘03, Spring ‘04 (Inactive)
    Readmitted & Earned Course Credit at a Public Community College Fall ‘04 (Active)
    Transferred to a University Spring ‘05 (2004 or Any Subsequent Catalog)
    EXAMPLE B
    Admitted & Earned Course Credit at a Public Community College or University Fall ‘02 (Active)
    Nonattendance Spring ‘03 (Inactive)
    Readmitted & Earned Course Credit at a Public Community College Summer ‘03 (Active)
    Nonattendance Fall ‘03, Spring ‘04 (Inactive)
    Transferred to a University Fall ‘04 (2002 or Any Subsequent Catalog)

    *Students are not obligated to enroll and earn course credit during summer terms, but summer enrollment may be used to maintain continuous enrollment status.
     

  3. Students admitted or readmitted to a public Arizona community college or university during a summer term must follow the requirements of the catalog in effect the following fall semester or of any single catalog in effect during subsequent terms of continuous enrollment.
     
    EXAMPLE
    Admitted & Earned Course Credit at a Public Community College or University Summer ‘04 (Active)
    Continued at a Public Community College Fall ‘04, Spring ’05 (Active)
    Nonattendance Fall ‘05 (Inactive)
    Readmitted & Earned Course Credit at a Public Community College Spring ‘06 (Active)
    Transferred to a University Summer ‘06 (2004 or Any Subsequent Catalog)
  4. Students transferring among Arizona public higher education institutions must meet the admission requirements, residency requirements, and all curricular and academic requirements of the degree-granting institution.

The college reserves the right to make necessary course and program changes in order to meet current educational standards.

AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.6
Academic Advising and New Student Orientation

  1. ACADEMIC ADVISING
     
    Students who will be attending college for the first time, and intend to earn an Associate's degree or transfer to a college/university to complete a bachelor's degree, will be required to meet with an Academic Advisor prior to the start of their first semester at a MCCCD college.
    1.    i. Recent high school students who received MCCCD credits through Dual/Concurrent Enrollment,

    2.      ACE, Hoop of Learning, or any MCCCD Early Outreach program are considered first time to

    3.      college.

  2. NEW STUDENT ORIENTATION 
     
    Students who will be attending college for the first time, and intend to earn an Associates degree or to transfer on to a college/university to complete a bachelor's degree will be required to attend New Student Orientation prior to the start of their first semester at a MCCCD college.        

             i. Recent high school students who received MCCCD credits through Dual/Concurrent Enrollment, ACE, Hoop of Learning, or any MCCCD Early Outreach Program are considered first time to college.         

  3. Students who will be attending college for the first time, and intend to earn an Associate’s degree or transfer on to a college/university to complete a Bachelor’s degree, and who place into one or more developmental education courses will be required to successfully complete a College Success Course (CPD 150 or CPD/AAA115) within the first two semesters at a MCCCD college.

    1.      i. Recent high school students who received MCCCD credits through Dual/Concurrent Enrollment, ACE, Hoop of Learning, or any MCCCD Early Outreach Program are considered first time to college. 

AMENDED through the Administrative Regulation Process, June 4, 2019
AMENDED through the Administrative Regulation Process, April 23, 2015
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.7
Student Assessment and Course Placement

  1. Course Placement 
    1. Students who plan to register in English, Reading, or Math will be advised to enroll into courses based on valid District-approved placement methods.
    2. Students who place into course(s) that are below college-level (i.e., below 100-level) will be advised to enroll into the course(s) within the first two semesters.
    3. A department/division chair or designee may grant a course placement waiver under special circumstances.  The signed waiver will be noted on the student's electronic record. The process may also be done electronically without a signature if supported by the attending college.
    4. Course placement will be determined utilizing the District placement options under any one of the following conditions:
      1. The student is taking his or her first college credit English, reading and/or math course, or any college course for which English, reading or math is a prerequisite.
      2. The student is pursuing a degree or transfer pathway and does not have current valid District approved course placement on file or does not have previous college credit in English, reading and math.
      3. The student for whom English is not the primary language and who is taking his or her first English as a Second Language class is required to take a test of English proficiency.
    5. Students will be exempt from the course placement process if at least one of the following conditions apply:
      1. The student has earned an associate or higher degree from a regionally accredited college.
      2. The student has earned college credits from a regionally accredited college in English, reading, and math with a grade of C or higher.
      3. The student has currently valid District approved course placement scores on file.
      4. The student who is exempt from the course placement process must still fulfill the minimum graduation requirements.
  2. Determining Course Placement 

    Maricopa County Community Colleges use multiple placement options. In cases, when a course placement test is given, scores will be valid for two years.  Other placement methods will also have limited time validity. For additional information, go to: Placement.

    1. Reading placement test scores that indicate “exempt from CRE101” do not expire.
    2. Students will be permitted one re-test in English, Reading, or by Math level after at least a 24-hour waiting period. One additional re-test is permitted no sooner than three months from the oldest valid score date at any course placement testing site.
    3. The Vice President of Student Affairs or designee may approve re-testing for students with special needs or circumstances. The re-test date will then serve as the date of record.
  3. Implementation of Policy 
    To ensure consistency of the course placement process within the Maricopa Community Colleges:
    1. All colleges shall accept the same approved course placement methods.
    2. All colleges shall adhere to the same approved placement scores.
    3. All colleges shall adhere to the approved limited time validity for each course placement method. For more information, go to: Placement.
    4. Reading placement scores that indicate "Exempt from CRE101" Do Not Expire.
  4. Evaluation 
    The Maricopa Community Colleges will provide an ongoing evaluation of the course placement process. An annual report shall be submitted to the Governing Board to indicate the policy's effectiveness noting the number of students assessed, their placement scores and their success in courses. Every three years a thorough review of the policy and procedures shall be implemented, including recommendations from the English, Reading and Math Instructional Councils regarding cut-off scores, course placement assessment tools and procedures.

AMENDED through the Administrative Regulation Process, June 4, 2019
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.8
Registration

Students must register according to the dates indicated, and in the manner described in the college class schedule. To be eligible for registration, students must have completed the appropriate steps listed under the Admissions section. The college may allow early or priority registration. Tuition and fees must be paid or payment arrangements made by the due date to secure class enrollment. Students may not attend a class for which they are not registered.

The colleges reserve the right to enroll students in courses. The final decision for admission to any class for students admitted under section 2 of AR 2.2.1 will be determined by the designated college administrator in consultation with the department chairperson and/or faculty.

Class Registration Deadlines:

  1. For classes with published start dates and meeting times, registration in the class must be completed before the first official class meeting date and time. Students may not register for a class once it has started. Self-Service registration for a class through my.maricopa.edu will end at 11:59 PM on the day before the class starts. Registration for a class on the date it starts must be done in person or on the phone, and must be completed before the class start time.
  2. For classes without published meeting times (for example, online classes, special projects), registration in the class must be completed by 11:59 PM on the day before the class starts.
  3. Exceptions
    • Exceptions are limited to
      1. Courses requiring permission of instructor
      2. Courses requiring auditions or try-outs
      3. Courses for Special Populations or Cohorts
      4. Enrollment in an alternative section of a course taught by the same instructor
      5. Enrollment in an alternative section of a course taught by a different instructor
      6. Course level changes
      7. Students dropped for non-payment during the 100% refund period may be reinstated if they attended since the first class meeting.
      8. Students dropped due to Human or system errors may be reinstated if they attended the first class meeting.
      9. Other exceptions may be granted after faculty consultation with the student.
    • Exceptions to class registration deadlines require permission of appropriate instructor(s) and approval of the appropriate department/division chair or designee.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.9
Tuition and Fees Policy

Tuition and fees are public monies within the jurisdiction and responsibility of the Maricopa Community Colleges Governing Board under the laws and regulations of the State of Arizona and must be administered by the Governing Board. The Governing Board reserves the right to change tuition and fee charges when necessary without notice. All students are classified for tuition purposes under one of the following residency classifications:

  1. Maricopa County resident
  2. Out-of-County resident
  3. Out-of-State resident (including F-1 non-immigrant students)

Residency for tuition purposes is determined in accordance with state law (ARS §§15-1801 et seq.) and regulations of the Maricopa Community Colleges Governing Board. All of the Maricopa Community Colleges are subject to the above statutes and regulations. Students who have questions about their residency should contact the Admissions and Records Office/Office of Student Enrollment Services for clarification.

Students attending more than one Maricopa Community College will be assessed fees for their enrollment at each of the Maricopa Community colleges/centers. (Students who are considered to be out-of-state residents for tuition and fees purposes should refer to Appendix S-3, Concurrent Enrollment in Arizona Public Institutions of Higher Education.)

  1. Time of Payment 
    All tuition, fees, assessments and deposits must be paid at the time of registration or by the specified deadline date and in accordance with the fee schedule approved by the Maricopa Community Colleges Governing Board.
  2. Tuition and Fees Schedule 
    Current information can be found at https://district.maricopa.edu/regulations/admin-regs/appendices/students/s-4.
     
    The following is a tuition and fees schedule and is provided for reference. These tuition and fees are subject to change. Consult the college's Admissions and Records Office/Office of Student Enrollment Services for course fees in effect during the semester/term in which you intend to register. See Appendix S-4
  3. Outstanding Debts 
    Any debt or returned check may revoke a student's current enrollment and the student's right to register in subsequent semesters at all Maricopa Community Colleges. Delinquent debts may require penalties, late charges, collection costs, and/or legal fees to be paid before good standing is restored to the student.
     
    ​The following procedure will be used for the collection of returned checks and other outstanding debts:
    1. The designated college official or fiscal officer is responsible for:
      1. Verifying the student's district wide debt,
      2. Attempting to notify the student of the debt and
      3. Attempting to collect the debt.
    2. Maricopa Community College services may be withheld pending payment of debt (at designated college office) with cash, certified check or money order or online with debit or credit card or in person with credit card. Student may be withdrawn from classes.
    3. If other collection attempts fail, the Maricopa Community Colleges District Office will either collect or use other means available, including:
      1. Collection agency, requiring payment of collection fees by the student;
      2. The Tax Refund Setoff Programs as stated in ARS §42-1122;
      3. Litigation, requiring payment of court costs and legal fees by the student.
    4. Debt Holds may be lifted only in limited instances by the appropriate College or District business services designee for the extension of services provided that at least one of the following conditions are met:
      1. MCCCD staff verify that full payment has been made to another College;
      2. The College can deduct payment from a financial aid award made to the student (referring to student authorization guidelines for regulations on applying federal financial aid to debt balances);
      3. A third party not related to the student, such as an employer or state agency, makes a verified payment directly to the College;
      4. It is determined and verified with the appropriate MCCCD office that the hold resulted from a system error and the error is due to an activity that requires correction by the appropriate College or District personnel.
    5. Admission Criteria to Attend a College within the Maricopa Community College District (MCCCD) is determined in accordance with state law (ARS §§15-1805.01 AND 15-1821) and regulations of the Maricopa Community Colleges Governing Board and the Chancellor. As such, participants enrolled in courses as part of third party agreements are also subject to the same admissions criteria. This includes the participants resolving any current enrollment or administrative holds that are unrelated to the Third party in an existing student account, but that otherwise impact his/her eligibility to enroll in courses or participate in programs delivered by MCCCD faculty or staff.
  4. Discounted Fees and Waivers
    1. Citizens 62 years of age and older shall be issued ID cards that allow them the privilege of attending events at no cost and that allow them to use the library facilities.
    2. Employees, Dependents and Mandated Groups 
      The Maricopa Community College District waives tuition and student activity fees for credit-hour courses for employees and their dependents, and for legislatively mandated groups. Special fees and fees for Non-credit/Special Interest Community Services courses are not waived.
    3. Tuition and Registration Fee Waiver for Members of the Pima-Maricopa Indian Community 
      Tuition and fee waivers shall be funded through Auxiliary Fund Monies for college credit courses for the enrolled members of the Pima-Maricopa community who live on the Pima-Maricopa Reservation.

    All other guidelines and procedures established for the purpose of administering waivers, affidavits and exemptions are outlined in the Maricopa County Community College District tuition waiver manual.

AMENDED by Direct Chancellor Approval, November 21, 2018
AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.10
Refund Policy

  1. Refund Policy for Credit/Clock Classes 
    Students who officially withdraw from credit/clock classes (in fall, spring, or summer) within the withdrawal deadlines listed below will receive a 100% refund for tuition, class and registration fees. Deadlines that fall on a weekend or a college holiday will advance to the next college workday except for classes fewer than 10 calendar days in length or as specified by the college. Calendar days include weekdays and weekends. Refer to individual colleges for withdrawal and refund processes. Never attending is not an allowable refund exemption or an excuse of the debt incurred through registration.
     
    Length of Class Official Withdrawal Deadlines for 100% Refund
    1-9 calendar days Prior to the class start date
    10-19 calendar days 1 calendar day including the class start date
    20-29 calendar days 2 calendar days including the class start date
    30-39 calendar days 3 calendar days including the class start date
    40-49 calendar days 4 calendar days including the class start date
    50-59 calendar days 5 calendar days including the class start date
    60-69 calendar days 6 calendar days including the class start date
    70+ calendar days 7 calendar days including the class start date

     
    *Course fees will be refunded only if the student qualifies for a 100% refund. Debts owed to any MCCCD college must be satisfied before any refunds are paid to the student. Refunds for students receiving federal financial assistance are subject to federal guidelines. Requests for exceptions to the refund policy must be filed within one year from the semester in which the course was taken.

  2. Refund Policy for Non-Credit Classes 
    Unless otherwise specified, students must drop non-credit classes prior to the course start date to be eligible for a 100% refund.
  3. Canceled Classes 
    When a class is canceled by the college, a 100% refund will be made.
  4. Refund Exceptions 
    Students withdrawing from a college or from courses for one of the following reasons must submit a written request for a refund exception to the Admissions and Records Office/Office of Student Enrollment Services or designated college official:
    1. A student with a serious illness, verifiable by a doctor's written statement that the illness prevents the student from attending all classes for the semester. The doctor's statement must be on file with the college before a refund can be given.
    2. Serious illness or death of an immediate family member that prevents the student from attending all classes for the semester. Immediate family members include spouse/partner, father, mother, grandfather, grandmother, child, foster child, grandchild, stepchild, sibling, stepsibling, stepfather, stepmother, or spouse’s/partner’s father, mother, grandfather, grandmother, or in-laws in any one incident. Appropriate documentation must be provided before a refund can be given.
    3. Death of a student. Appropriate documentation must be provided before a refund can be given.
    4. A student in the Armed Forces or the Arizona National Guard who is called to active duty and assigned to a duty station, verifiable by a copy of the orders, will be allowed to withdraw and receive a 100% refund of tuition, provided courses have not been completed.

    Requests for a total withdrawal from a college or courses for one of the above reasons may result in a partial prorated refund of tuition, provided courses have not been completed. All decisions made by the college are final.
     
    Limitation: Never attending is not an allowable refund exception or an excuse of the debt incurred through registration

  5. Refund Policy for Department of Defense Tuition Assistance Funds
    Students who receive tuition assistance (TA) funds for a course or courses from the Department of Defense (DOD) may have a refund processed and returned to the student’s DOD branch of service in the following situations. Refer to individual colleges for withdrawal and refund processes.

    A. Per Refund Exception D, a student who is called to active duty and assigned to a duty station, verifiable by a copy of the orders, will be allowed to withdraw, provided courses have not been completed. A 100% refund of TA funds will be issued to the student’s DOD branch of service.

    B. A student who withdraws for reasons other than those outlined above within the first 60% of the period for which funds were received will have the proportional amount of unearned TA funds returned to the student’s DOD branch of service. Refer to individual colleges and DOD branch of service for potential student financial responsibility as a result of withdrawal.

          Requests for refund should be referred directly to the College of Enrollment.

AMENDED by Direct Approval, January 14, 2020
AMENDED by Direct Approval of the Chancellor, October 5, 2018
AMENDED through the Administrative Regulation Process, May 5, 2017
AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.11
Student Financial Assistance

The Maricopa Community Colleges provide students financial assistance to enable access to higher education. Student financial assistance shall be awarded on the basis of demonstrated financial need except where funds are specified for recognition of special talents and achievements. Additional procedural information on financial assistance is available in Appendix S-5.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.12
Vaccinations (As Required By 20 USC §1092(a)(1)(V))

The Maricopa County Community Colleges District does not require that students receive vaccinations prior to enrollment. Certain professional or occupational programs do require particular vaccinations for participation in those programs. More information about these programs can be found on college websites.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, June 27, 2012
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, May 17, 2011
AMENDED March 22, 2011, Motion No. 9791, 9792, 9793
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 5, 2009
AMENDED December 9, 2008, Motion No. 9524
AMENDED through the Administrative Regulation Process, August 18, 2008
AMENDED through the Administrative Regulation Process, June 12, 2008
AMENDED through the Administrative Regulation Process, January 24, 2008

2.2.13
University Transfer

The Maricopa Community Colleges have developed formal agreements to facilitate the transfer of credit to four-year colleges and universities. This is accomplished through the development of course and program articulation agreements. The Maricopa Community Colleges articulate with accredited private, public, and international baccalaureate granting institutions. Maricopa transfer agreements are on behalf of the District as a whole and not with individual colleges within the district. Courses taken at any of the Maricopa Community Colleges are equally transferable by institutions wishing to articulate. Students planning to transfer to a university may be required to submit official transcripts.

Articulated Transfer Programs and pathways between the Maricopa Community Colleges and baccalaureate-granting institutions [such as the Maricopa-ASU Pathway Program (MAPP), the UA Bridge Program, 2NAU and 90/30 transfer agreements] are official, recognized programs of study that fulfill both associate degree and bachelor’s degree requirements.  These articulated programs and pathways are designed to aid in a smooth transition for a student planning to transfer to a four-year college or university by identifying the required, transferable, and applicable coursework for that student’s specific program of study. A complete list of Maricopa-ASU Pathway Program requirements by major and catalog year is maintained on ASU’S website, at Transfer. 

ARIZONA PUBLIC COMMUNITY COLLEGES AND UNIVERSITIES

Maricopa is a participant in the Arizona statewide transfer system. AZTRANSFER.COM is the official source of information for the statewide articulation agreements between the Arizona public community colleges and universities (Arizona State University, Northern Arizona University, and University of Arizona). Included on AZTRANSFER.COM is the Course Equivalency Guide (CEG), which shows transfer course equivalencies between Arizona’s public community colleges and tribal institutions to Arizona State University, Northern Arizona University, and the University of Arizona. The transferability of a course does not indicate directly how the course will apply to meet requirements for specific bachelor’s degrees. AZ Transfer Course Equivalency Guide 

(U.S.) AND INTERNATIONAL INSTITUTIONS

The Maricopa Community Colleges have transfer agreements with accredited U.S. universities and colleges as well as international institutions that have been approved by the Ministry of Education. These partnerships are formalized through District-wide memorandums of understanding and articulation agreements, and are designed to help students maximize the applicability of transfer credit toward a bachelor’s degree. To access a list of institutions with which Maricopa has established articulation agreements, visit: Maricopa University Partner List 

TIME LIMIT FOR TRANSFER COURSEWORK

Students should be aware other colleges and universities may have age of credit limits on certain coursework to be used in transfer. Students should refer to the policy of their intended transfer institution regarding time limits for transfer coursework.

SHARED UNIQUE NUMBERING (SUN) SYSTEM COURSE INFORMATION         

 Senate bill 1186, which passed into law in 2010, mandated the creation of a shared numbering system for public college and university courses in Arizona to identify courses that transfer from community colleges to universities toward a baccalaureate degree. The Shared Unique Number (SUN) system is a college course numbering system designed to help students locate and enroll in courses that have direct equivalents for transfer among Arizona’s public community colleges and three state universities. However, even if a course at the Maricopa Community Colleges is not designated as a SUN course, it may still transfer to other Arizona public institutions with a direct equivalent as per the course equivalency guide on AZTRANSFER.COM. The SUN system does not address the applicability of courses. Students are encouraged to work with an Academic Advisor on course selections. To access a list of SUN courses, visit SUN 

ADOPTED through the Administrative Regulation Approval Process, June 4, 2019

2.3 Scholastic Standards

2.3.1
Academic Load

A credit hour is defined as an amount of work represented in course competencies and verified by evidence of student achievement that reasonably approximates not less than one hour of classroom or direct faculty instruction and a minimum of two hours of out-of-class student work each week for approximately fifteen weeks for one semester hour of credit, or the equivalent amount of work over a different amount of time, or at least an equivalent amount of work for other academic activities, including laboratory work, internships, practica, studio work, and other academic work leading to the award of credit hours. In accordance with common practice in higher education, instruction representing a credit hour is typically delivered in a 50 minute class period.

Students carrying at least twelve (12) credit hours will be considered full-time students for the fall and spring semesters. Three-quarter-time is 9 - 11.9 credit hours. Half-time is 6 - 8.9 credit hours. Fewer than six (6) credit hours is considered less than half-time. Academic load for summer and special terms may be defined differently. Contact the Admissions and Records Office/Office of Student Enrollment Services for clarification. As provided in the Reduced Course Load administrative regulation, a student may be deemed a full-time student carrying fewer than twelve credit hours pursuant to an accommodation of a disability.

Courses may vary in length, and begin and end throughout the year. A credit hour indicates the value of an academic credit. Standards for the awarding of credit hours may be time based or competency based. To obtain credit, a student must be properly registered and must pay fees for the course. The fall and spring semesters are typically sixteen (16) weeks in length. Summer sessions are typically five or eight weeks in length.

Students desiring to take more than eighteen (18) credit hours must obtain approval from the designated college official. Ordinarily, only students with a grade point average of 3.0 or higher for the preceding semester or first semester students who were in the upper quarter of their high school graduating class are permitted to carry more than eighteen (18) credit hours.

Students participating in extra-curricular or co-curricular activities or receiving financial assistance may be required to maintain a specified minimum academic load.

Students who are working, have considerable extra-curricular or co-curricular activities, or have been reinstated from academic suspension/probation should plan their academic load accordingly.

Schedule Changes

Students may change their schedule by following the designated procedures at their college of enrollment. It is the student's responsibility to notify the college if he/she will no longer be attending the class (see Appendix S-7 for Withdrawal Procedures).

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED thorough direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.2
Attendance

  • Only persons who are registered for a class at any of the Maricopa Community Colleges may attend that class. Attendance requirements are determined by the course instructor. Students who do not meet the attendance requirement as determined by the course instructor may be withdrawn.
  • Students who fail to attend the first scheduled class meeting, or to contact the instructor regarding absence before the first scheduled class meeting may, at the option of the instructor, be withdrawn.
  • At the beginning of each course, each faculty member will provide students with written attendance requirements. It is the student's responsibility to consult with the instructor regarding official or unofficial absences. Absences begin to accumulate with the first scheduled class meeting.
  • Students bear the responsibility of notifying the Admissions and Records Office/Office of Student Enrollment Services when they discontinue studies in a course or at the college. Please refer to Appendix S-7 for Withdrawal Procedures.
  1. Official Absences
    1. Official absences are those that occur when students are involved in an official activity of the college, i.e., field trips, tournaments, athletic events, and present an official absence excuse form. Absences for such events shall not count against the number of absences allowed by an instructor or department. Students who must miss a class for an official reason must obtain an official absence verification card from the appropriate vice president or designee and present it to the appropriate instructor(s) before the absence. Prior arrangements must be made with each instructor for make-up work. If prior arrangements have been made, the student will not be penalized.
    2. Other official absences include jury duty and subpoenas. Appropriate documentation will be required. Prior arrangements must be made with each instructor for makeup work. If prior arrangements have been made, the student will not be penalized.
    3. In the event of military commitments. Absences for periods of up to one week will not be counted against the number of absences allowed by an instructor or department. The student is required to provide appropriate documentation of the specific orders, length of assignment and location. Prior notification must be initiated with each instructor to discuss make-up work. If the length of the absence will be longer than one week, the instructor and the student will determine whether there is sufficient opportunity for the student to make up the work. If it is determined that the length of absence for the military commitment provides an undue hardship on the student’s ability to make up the assignments, he or she will be provided an opportunity to request an incomplete grade or drop the class or, in the case of open-entry classes, the opportunity to request an extension.
    4. In the event of the death of an immediate family member, absences for periods of up to one week will not be counted against the number of absences allowed by an instructor or department. Students should contact instructor(s) as soon as possible to arrange for make-up work. Appropriate documentation will be required (for example, a copy of the obituary or funeral program). In specialized programs that require clinical rotations, this regulation may not apply.
  2. Religious Holidays
    Students shall have the right to observe major religious holidays without penalty or reprisal by any administrator, faculty member or employee of the Maricopa Community Colleges. Absences for such holidays shall not count against the number of absences allowed by an instructor or department, provided the student has utilized the Religious Accommodation Procedure outlined in ND-4 of the Administrative Regulations Appendices. The Procedure and Religious Accommodation Form may be found at ND-4.  As outlined in the ND-4 Religious Accommodation Procedure, to the extent possible, requests must be made at least two (2) weeks before the requested absence from class due to religious holiday or day of observance by providing the faculty member with the Religious Accommodation Request FormOnce a religious accommodation is granted, the student must make arrangements with each instructor for make-up work.

AMENDED through the Administrative Regulation Process, November 5, 2019 
AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.3
Grading

  1. Policy
    It is the policy of the Maricopa Community Colleges that a grade will be assigned at the conclusion of the course. Official grades are available on designated college web sites.

     

    Grade Key
    A Excellent 4 grade points per credit hour
    B Above Average 3 grade points per credit hour
    C Average 2 grade points per credit hour
    D Passing 1 grade point per credit hour
    F Failure 0 grade points per credit hour
    I Incomplete Not computed in grade point average
    IP Course in Progress Not computed in grade point average
    N Audit Not computed in grade point average
    P* Credit Not computed in grade point average
    W Withdrawn, passing Not computed in grade point average
    Y Withdrawn, failing 0 grade points per credit hour
    Z No Credit Not computed in grade point average

    * A "P" is judged to be equivalent to a grade of C or higher.

  2. Incomplete Grade
    1. Students who are doing acceptable work may request an incomplete grade "I" if they are unable to complete the course requirements by the end of the term because of illness or other extenuating circumstances. If the request is approved by the instructor, he or she shall define, in a written/electronic contract, how the course will be completed.
    2. Students must complete the requirements within the time period agreed to--maximum time allowed is seven (7) months from the last date of class in which the grade of incomplete was assigned. Students who do not complete the requirements within the approved time period will have their grade recorded in accordance with the written contract. Students should NOT reregister for the course to complete the contract.
    3. A student's eligibility for financial aid may be jeopardized by an incomplete grade.  Refer to the Standards of Satisfactory Academic Progress for details.  

  3. Repeating a Course/Improving a Grade
    Students who wish to improve their GPA may repeat a course within the Maricopa Community Colleges up to three times after the initial attempt. (A “W” is not considered an attempt.) Students planning to repeat a course should seek advisement prior to enrolling. The lower grade(s) and credit for repeated courses taken at the same college will automatically be excluded from the grade point calculation. However, if the course(s) were taken at a different Maricopa Community College, the student must submit a request for the lower-graded course to be excluded from the GPA. The request can be submitted to the admissions and records office at any of the Maricopa Community Colleges that the student attended. Students receiving federal financial assistance and/or benefits should follow up with the Office of Financial Aid and/or Veterans’ Services regarding their policies for repeated courses. An official student transcript is a permanent academic record issued by the College Registrar.  It displays all courses taken for credit within the Maricopa Community Colleges District and includes all grades received.  Unlike an unofficial transcript, it is signed and dated by the College Registrar and displays the college seal of the Maricopa College issuing the official transcript.  Check individual courses and programs for exceptions.

  4. Credit/No Credit Courses (P/Z)
    1. Some courses may be taken under a credit/no credit grading system. These courses carry grades of P (credit, equivalent to a grade of C or higher) or Z (no credit) and are not computed in the student's grade point average. Credits earned with a grade of P may be counted toward graduation with the exception of AGEC (Arizona General Education Curriculum).
    2. The prescribed time limits are for full-semester classes. Time limits for classes which meet fewer than sixteen (16) weeks are adjusted accordingly. See "Important Deadlines for Students".
    3. In courses with credit/no credit (P/Z) grading, the student may request standard grading (A, B, C, D, F), within fourteen (14) days including the date of the first class meeting. The instructor must immediately notify the Admissions and Records Office/Office of Student Enrollment Services.
    4. In courses with standard grading (A, B, C, D, F), the instructor determines if the credit/no credit option is available. If the option is available, the student must obtain the permission of the instructor. The instructor must notify the Admissions and Records Office/Office of Student Enrollment Services within fourteen (14) days including the day of the first class meeting.
    5. It is the student's responsibility to verify the transferability of credit/no credit courses. Some universities place a limitation on the number of credit/no credit courses that can be transferred.

      Advisory note: Some institutions outside the Maricopa Community Colleges may translate the Z grade as failing.

  5. Audit Courses
    1. Auditors are those who enroll in a course for the sole purpose of obtaining information; they receive no credit, grades, homework, or tests. If an auditor wishes to earn credit, he or she must change from audit status to credit status within the first week. If a student wishes to audit a course for which he or she is enrolled for credit, the change must be made within the first five (5) weeks of a semester. Auditors are subject to the same attendance policies as other students and must meet the same prerequisite requirements or obtain approval of the instructor. See the fee schedule for charges. Financial aid is not available for audited courses.
    2. The prescribed time limits are for full-semester classes. Time limits for classes which meet fewer than sixteen (16) weeks are adjusted accordingly and appear in the "Important Deadlines for Students".
  6. Important Deadlines for Students

AMENDED through the Administrative Regulation Process, June 4,2018

AMENDED through the Administrative Regulation Process, June 5, 2017

AMENDED through the Administrative Regulation Process, April 23, 2015

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.4
Academic Probation (Progress)

  1. Probation
    A student will be placed on academic probation if, after completion of twelve (12) or more credit hours, the student's cumulative grade point average is less than 2.0.

    Students on academic probation may take no more than twelve (12) credit hours per semester unless approved by the Admissions and Standards Committee.

  2. Continued Probation
    A student on academic probation who fails to raise the cumulative grade point average 2.0 will be placed on continued probation and may be limited to taking six (6) credit hours.   Academic probation and continued probation are calculated at the conclusion of every term including summer. 

AMENDED through the Administrative Regulation Process, May 16, 2016

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.5
Instructional Grievance Process - Appendix S-6

A student who feels that he or she has been treated unfairly or unjustly by a faculty member with regard to an academic process such as grading, testing, or assignments, has the right to appeal according to the approved procedures.

The appeal process for grades must be initiated no later than sixty (60) calendar days from the date the grade was issued. Steps outlining the process are available in Appendix S-6.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.6
Withdrawal

To withdraw from a course or courses from the college, students must follow approved procedures (See Appendix S-7). The Office of Admissions and Records provides information about the withdrawal process. The official date of withdrawal is the date the withdrawal is received in the Admissions and Records Office/Office of Student Enrollment Services.

Never attending is not an allowable refund exception or an excuse of the debt incurred through registration. Please see the refund policy.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.7
Academic Renewal

Students who are returning to this college after a separation of five (5) years or more from the Maricopa Community College District, may petition for academic renewal. The request must be in writing and submitted to the Admissions and Records Office/Office of Student Enrollment Services at the college where the grades were earned.

Academic renewal at one of the Maricopa Community Colleges does not guarantee that colleges outside the Maricopa Colleges will accept this action. Acceptance of academic renewal is at the discretion of the receiving institution.

  1. Prior to petitioning for academic renewal, the student must demonstrate a renewed academic performance by earning a minimum of twelve (12) credit hours and a cumulative grade point average of 2.5 or higher within Maricopa Colleges after reenrollment.
  2. Upon approval, all courses taken prior to reenrollment with a grade of "A," "B," "C," "D," "F," and "Y" will be annotated as academic renewal on the student's permanent record. All course work affected by academic renewal will not be computed in the grade point average. Courses with grades "A," "B," or "C" will have the associated credit hours counted in the total credit hours earned. Such credit will not be computed in the grade point average.
  3. All course work will remain on the student's permanent academic record, ensuring a true and accurate academic history.
  4. The academic renewal policy may be used only once at each college and cannot be revoked once approved.
  5. Students who have been granted Academic Renewal must also meet the Financial Aid Standards of Academic Progress if they wish to receive financial aid.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.8
Honors Program

Each of the Maricopa Community Colleges has an honors program. Interested students should contact the college honors coordinator for information about the program and available scholarships, including the Chancellor's, Foundation's, and President's Scholarships.

President's Honor List

The President's Honor List for each college consists of all students who complete twelve (12) or more credit hours in residence in courses numbered 100 or higher in a given semester with a college semester grade point average of 3.75 or higher.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.9
General Graduation Requirements

Note: Also see Catalog Under Which a Student Graduates (AR 2.2.5)

All students are required to complete the degree and/or certificate requirements as approved by the MCCCD Governing Board. The college reserves the right to make necessary course and program changes in order to meet current educational standards. In addition, students must:

  1. Be credited in the Admissions and Records Office/Office of Student Enrollment with not fewer than: 60 semester credit units in courses numbered 100 or above for the Associate in Arts degree, Associate in Science degree, Associate in Transfer Partnership degree, and Associate in General Studies degree; 60 semester credit units for the Associate in Applied Science degree; 62 semester credits for the Associate in Business degrees. For specific certificate programs, be credited with not fewer than the minimum total of credit units required for the certificate program.
     
    Students not continuously enrolled, as outlined in the Catalog Under Which a Student Graduates policy, must satisfy current graduation requirements.
     
  2. Have earned a minimum of 12 semester credit units toward the degree or certificate at the district college granting the degree or certificate. The 12 hours in the AAS degree curricula may be in the Required Courses area and/or Restricted Electives courses. Courses from the General Education Core and Distribution area are excluded. In cases where the certificate requires fewer than 12 credit units, a minimum of six credit units must be completed at the college awarding the certificate. The minimum of six credit hours in the certificate or degree curricula may be in the Required Courses area and/or the Restricted Electives. Courses from the General Education Core and Distribution areas are excluded.
     
    Shared Programs are programs offered at multiple colleges but not available at all colleges. The requirements are identical at all the colleges offering the program.
     
    A shared program requires a minimum of six credit hours from the total program requirements to be completed with a grade of “C” or better at the college awarding the certificate or degree. The exception is the Nursing program. For those shared programs with less than six credit hours, the total hours for the program must be completed at the college awarding the certificate.
    The same degree or certificate can only be awarded once within the Maricopa Community College District.
     
  3. Have filed an application for the degree or certificate with the Admissions and Records Office/Office of Student Enrollment Services on the date determined by the college/center.
     
    Students must apply for graduation from the college where they have successfully completed Block 4 of the Associate in Applied Science in Nursing.
     
  4. Have a minimum cumulative grade point average of 2.000 at the college granting the degree.
     
  5. Have a minimum cumulative grade point average of 2.000 in all courses used to fulfill degree requirements.  

    Some specific programs have higher grade requirements. It is the student’s responsibility to be aware of these program requirements.
     
  6. For the Maricopa Nursing program offered at eight of the MCCCD campuses, the cumulative GPA for awarding purposes is calculated based on courses required for the degree or certificate taken at any MCCCD Maricopa Nursing campus and includes pre-requisites, co-requisites, and nursing blocks.
     
  7. Have removed, thirty (30) days after the anticipated graduation date, all deficiencies on the record to use those courses toward program completion.
     
  8. Have removed any indebtedness to any MCCCD college /center.
     
  9. Have paid required degree or certificate application fee.

See fee schedule for charges.

Graduation with Honors 
All courses used to fulfill graduation requirements, including courses from other accredited institutions, will be entered in the grade point average calculation for honors designations.
Students who have the following grade point averages will graduate with the following distinctions:

  • 3.50 to 3.69 “with distinction”
  • 3.70 to 3.89 “with high distinction”
  • 3.90 to 4.0 “with highest distinction”

Certificates/Degrees 
The Maricopa Community Colleges offer Certificates of Completion as well as Associate Degrees, one of which is conferred on each student who has completed a program of study. These certificates and degrees are as follows: (1) Certificate of Completion (Career Program Specified); (2) Academic Certificate; (3) General Education Certificate; (4) Associate in Arts; (5) Associate in Science; (6) Associate in Business; (7) Associate in General Studies; (8) Associate in Transfer Partnership; (9) Associate in Applied Science (Career Program Specified).

All candidates for a degree and/or certificate must complete the General Graduation Requirements as approved by the MCCCD Governing Board.

All students are urged to meet with a faculty advisor, program advisor or counselor as soon as possible to determine which program meets their needs and to plan their course of study.

Licensure Disclaimer 
Maricopa Community Colleges courses and programs prepare students for entry into a variety of professions. Many of these professions require that a person hold an occupational license or certificate in order to work in a particular field. Typically, a person must meet certain legal requirements before obtaining such a license or certificate. These requirements are established by county, state or federal agencies, and often are based on a person’s character, or whether the person has been convicted of a criminal offense. It is possible for a student who has obtained a degree or certificate from a community college to be denied the right to work in a particular profession after completing the degree or certificate because of concerns over the student’s character or criminal background. Any student preparing to enter a field for which a professional license or certificate is required is strongly advised to consult with the appropriate government agency that issues such credentials. That agency can provide the student complete information about any requirements the law imposes for working in a particular occupation.

MCCCD General Education Statement
The general education core of the program of study for an associate degree or a certificate helps students develop a greater understanding of themselves, of their relationship with others, and of the richly diverse world in which they live. The general education experience provides students with opportunities to explore broad areas of commonly held knowledge and prepares them to contribute to society through personal, social, and professional interactions with others. General education fosters students’ personal development by opening them to new directions, perspectives, and processes.

Through its general education requirements, the Maricopa County Community College District is committed to helping students develop qualities and skills that will serve them throughout their lives. General education opportunities encourage students to:

  • Build self-awareness, self-respect, and self-confidence
  • Recognize and respect the beliefs, traditions, abilities, and customs of all people and all cultures
  • Consider the local, global, and environmental impacts of personal, professional, and social decisions and actions
  • Access, evaluate, analyze, synthesize, and use information wisely
  • Communicate effectively personally, socially, and professionally
  • Think critically, make informed decisions, solve problems, and implement decisions
  • Consider the ethical implications of their choices
  • Value the learning process throughout their lives
  • Integrate and connect ideas and events in a historical perspective, and see relationships among the past, the present, and the future
  • Develop a personal sense of aesthetics
  • Use technological resources appropriately and productively
  • Work cooperatively and respectfully with others to serve their communities

The general education experience at MCCCD is composed of specific elements across the curriculum designed to provide the learner with essential knowledge and skills:

  • Communication
  • Arts and Humanities
  • Numeracy
  • Scientific Inquiry in the Natural and Social Sciences
  • Information Literacy
  • Problem-Solving and Critical Thinking
  • Cultural Diversity

General Education Designations (example: (FYC), [SB], [HU], etc.)
Effective fall 2000 the course evaluation and/or general education designation as listed in the Arizona CEG (Course Equivalency Guide) within the Arizona Course Applicability System (AZCAS) is valid for the term in which the student is awarded credit on the transcript. A course evaluation and/or general education designation may be subject to change. Given that curriculum is dynamic at both MCCCD and the institutions to which MCCCD students transfer, students have the option to petition for general education evaluations and/or general education designations.

The college reserves the right to make necessary course and program changes in order to meet current educational standards.

AMENDED by Direct Approval by the Chancellor, December 6, 2019
AMENDED through the Administrative Regulation Process, June 5, 2017
AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.10
Transcripts for Transfer

An official student transcript is a permanent academic record issued by the College Registrar.  It displays all courses taken for credit within the Maricopa Community College District and includes all grades received.  Unlike an unofficial transcript, it is signed and dated by the College Registrar and displays the college seal of the Maricopa College issuing the official transcript.

The transcript is issued upon written request only. Those students who want to transfer to other institutions of higher education, including other Maricopa Community Colleges, must request their transcript be sent from the Admissions and Records Office/Office of Student Enrollment Services. However, transcripts may be shared within the Maricopa Community College District without the written request of the student in compliance with FERPA.

Official transcripts will not be issued to students having outstanding debts to any of the Maricopa Community Colleges. The release of transcripts is governed by the guidance of the Family Education Rights and Privacy Act of 1974 (see Records Policy in the Student Rights and Responsibilities section of this manual). There is no charge for unofficial transcripts, or for official transcripts sent between Maricopa Community Colleges. See the Tuition and Fee Schedule for charges for other official transcripts.

AMENDED through the Administrative Regulation Process, June 5, 2017

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.11
Academic Misconduct

  1. Definitions 
    1. Academic Misconduct - includes any conduct associated with the classroom, laboratory, or clinical learning process that is inconsistent with the published course competencies/objectives and/or academic standards for the course, program, department, or institution. Examples of academic misconduct include, but are not limited to: (a) cheating and plagiarism (including any assistance or collusion in such activities, or requests or offers to do so); (b) excessive absences; (c) use of abusive or profane language; and (d) disruptive behavior.
    2. Cheating is any form of dishonesty in an academic exercise. It includes, but is not limited to, (a) use of any unauthorized assistance in taking quizzes, tests, examinations, or any other form of assessment whether or not the items are graded; (b) dependence upon the aid of sources beyond those authorized by the faculty member 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 or administered by the college or a member of the college faculty or staff; and (d) fabrication of data, facts, or information.
    3. Plagiarism is a form of cheating in which a student falsely represents another person’s work as his or her own – it includes, but is not limited to: (a) the use of paraphrase or direct quotation of the published or unpublished work of another person without full and clear acknowledgment; (b) unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials; and (c) information gathered from the internet and not properly identified.
  2. Academic Consequences 
    Any student found by a faculty member to have committed academic misconduct may be subject to the following academic consequences, based on the faculty member’s judgment of the student’s academic performance
    Warning - A notice in writing to the student that the student has violated the academic standards as defined in 1.A.
    Grade Adjustment - Lowering of a grade on a test, assignment, or course.
    Discretionary assignments - Additional academic assignments determined by the faculty member.
    Course Failure - Failure of a student from a course where academic misconduct occurs.
  3. Disciplinary Sanctions 
    If the misconduct is sufficiently serious to warrant course failure, and if either (a) the failure results in a student being removed from an instructional program or (b) the student refuses to accept responsibility for the misconduct and its academic consequences, the faculty member will, in addition to awarding the course grade, consult the department chair and the vice president of academic affairs as to whether institutional sanctions set forth below should be sought under AR 2.5. Regardless whether the student has accepted responsibility for academic consequences, in all cases of academic misconduct the faculty member may make recommendations for sanctions and may file a written complaint of misconduct. The vice president of academic affairs will serve as the student conduct administrator in all academic misconduct cases, and will follow the procedure established in AR 2.5.2 to evaluate whether disciplinary sanctions are warranted. College probation, suspension, or expulsion will be imposed only by the vice president of academic affairs or designee, and only after the student has received the procedural rights provided in AR 2.5.2.
    1. Disciplinary Probation - Disciplinary probation is for a designated period of time and includes the probability of more severe sanctions if the student commits additional acts of academic misconduct.
    2. College Suspension - Separation of the student from the college for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. (A suspension from one Maricopa Community College will apply to all other colleges/centers in the District.)
    3. College Expulsion - Permanent separation of the student from the college. (Expulsion from one Maricopa Community College will apply to all colleges/centers in the District.)
  4. Appeal of Sanctions and Consequences for Academic Misconduct. 
     
    Students can appeal academic consequences by following the instructional grievance process. (AR 2.3.5; Appendix S-6) Students may appeal disciplinary sanctions as provided in AR 2.5.2. If the student appeals through both processes, the instructional grievance process will be suspended until a final decision is reached in the student discipline procedure. In all cases in which financial aid has been adversely affected by academic consequences or disciplinary sanctions that are the subject of ongoing hearing or appeal proceedings, the student may appeal the financial aid determination on the grounds that a final decision has not been made. In such an event, a final decision on financial aid will not be made until after the final decision on consequences and/or sanctions.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

2.3.12
Non-Instructional Complaint Resolution Process

A student who feels that he or she has been treated unfairly or unjustly by any employee with regard to a non-instructional process such as a student or administrative services has the right to file a formal and written complaint according to the approved procedures. See Appendix S-8 

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through direct approval from the Chancellor and Executive Vice Chancellor & Provost, August 7, 2013
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Process, March 4, 2011
AMENDED through the Administrative Regulation Process, February 23, 2010
AMENDED through the Administrative Regulation Process, March 3, 2009
AMENDED through the Administrative Regulation Process, January 24, 2008

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

2.5 Student Rights and Responsibilities

2.5.1
Disciplinary Standards

  1. Disciplinary Probation and Suspension
    According to the laws of the State of Arizona, jurisdiction and control over the Maricopa Community Colleges are vested in the District Governing Board. The Governing Board and its agents-the chancellor, administration and faculty-are granted broad legal authority to regulate student life subject to basic standards of reasonableness.

    In developing responsible student conduct, the Maricopa Community Colleges prefer mediation, guidance, admonition and example. However, when these means fail to resolve problems of student conduct and responsibility, appropriate disciplinary procedures will be followed.

    ​Misconduct for which students are subject to disciplinary action falls into the general areas of:

    1. Cheating on an examination, assessment tests, laboratory work, written work (plagiarism), falsifying, forging or altering college records
    2. Actions or verbal statements which threaten the personal safety of any faculty, staff, students, or others lawfully assembled on the campus, or any conduct which is harmful, obstructive, disruptive to, or interferes with the educational process or institutional functions
    3. Violation of Arizona statutes, and/or college regulations and policies
    4. Use of college computer resources such as the Internet in violation of Technology Resource Standards (AR 4.4) which may result in notification of law enforcement authorities                                                                                                                                                                                                 
  2. Disciplinary Removal from Class
    A faculty member may remove a student from class meetings for disciplinary reasons. If an instructor removes a student for more than one class period, the faculty member shall notify the department/division chair and the appropriate vice president or designee in writing of the problem, action taken by the faculty member, and the faculty member's recommendation. If a resolution of the problem is not reached between the faculty member and the student, the student may be removed permanently pursuant to due process procedures.

AMENDED through the Administrative Regulation Process, June 4, 2019
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.5.2
Student Conduct Code

The purpose of this Code is to help ensure a healthy, comfortable and educationally productive environment for students, employees and visitors.

Article I: Definitions

The following are definitions of terms or phrases contained within this Code:

  1. "Accused student" means any student accused of violating this Student Conduct Code.
  2. "Appellate boards" means any person or persons authorized by the college president to consider an appeal from a Student Conduct Board's determination that a student has violated this Student Conduct Code or from the sanctions imposed by the Student Conduct Administrator. The college president may act as the appellate board.
  3. "College" means a Maricopa Community College or center.
  4. "College premises" means all land, buildings, facilities and other property in the possession of or owned, used or controlled by the college or District.
  5. "College official" means any person employed by the college or District, performing assigned administrative or professional responsibilities pursuant to this Student Conduct Code. The college president shall designate the college or center official to be responsible for the administration of the Student Conduct Code.
  6. Complainant” means any person who submits a charge alleging that a student violated this Student Conduct Code. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Student Conduct Code as are provided to the complainant, even if another member of the college community submitted the charge itself.
  7. Day” means calendar day at a time when college is in session, and shall exclude weekends and holidays.
  8. Disruptive behavior” means conduct that materially and substantially interferes with or obstructs the teaching or learning process in the context of a classroom or educational setting.
  9. District” means the Maricopa County Community College District.
  10. "Faculty member" means any person hired by the college or District to conduct classroom or teaching activities or who is otherwise considered by the college to be a member of faculty.
  11. "May" is used in the permissive sense.
  12. "Member of the college community" means any person who is a student, faculty member, college official or any other person employed by the college or center. A person's status in a particular situation shall be determined by the college president.
  13. "Organization" means any number of persons who have complied with the formal requirements for college recognition.
  14. "Policy" is defined as the written regulations of the college and/or District as found in, but not limited to, this Student Conduct Code and Governing Board policy.
  15. "Shall" is used in the imperative sense.
  16. "Student" means any person taking courses at the college whether full-time or part-time. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the college are considered "students".
  17. "Student Conduct Administrator" means a college official authorized on a case by case basis by the college official responsible for administration of the Student Conduct Code to impose sanctions upon students found to have violated this Student Conduct Code. A Student Conduct Administrator may serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of a Student Conduct Board. The college official responsible for administration of the Student Conduct Code may authorize the same Student Conduct Administrator to impose sanctions in all cases.
  18. "Student Conduct Board" means any person or persons authorized by the college president to determine whether a student has violated this Student Conduct Code and to recommend sanctions that may be imposed when a violation has been committed.
  19. Threatening behavior” means any written or oral statement, communication, conduct or gesture directed toward any member of the college community, which causes a reasonable apprehension of physical harm to self, others or property. It does not matter whether the person communicating the threat has the ability to carry it out, or whether the threat is made on a present, conditional or future basis.

Article II: Judicial Authority

  1. The college official responsible for administration of the Student Conduct Code shall determine the composition of Student Conduct Board and determine which Student Conduct Administrator, Student Conduct Board, and appellate board shall be authorized to hear each case.
  2. The college official responsible for administration of the Student Conduct Code shall develop procedures for the administration of the judicial program and rules for the conduct of hearings that are consistent with provisions of this Student Conduct Code.
  3. Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the normal appeal process.

Article III: Prohibited Conduct

  1. Jurisdiction of the College
    The Student Conduct Code shall apply to conduct that occurs on college or District premises, or at college- or District-sponsored activities that adversely affects the college community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of admission through the actual awarding of a degree, certificate, or similar indicator of completion of a course of study, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Conduct Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending.
  2. Temporary Removal of Student
    Disruptive behavior includes conduct that distracts or intimidates others in a manner that interferes with instructional activities, fails to adhere to a faculty member's appropriate classroom rules or instructions, or interferes with the normal operations of the college. Students who engage in disruptive behavior or threatening behavior may be directed by the faculty member to leave the classroom or by the college official responsible for administration of the Student Conduct Code to leave the college premises. If the student refuses to leave after being requested to do so, college safety may be summoned. For involuntary removal from more than one class period, the faculty member should invoke the procedures prescribed in the Student Conduct Code.
  3. Conduct - Rules and Regulations
    Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article IV:
    1. Acts of dishonesty, including but not limited to the following:
      1. Furnishing false information to any college official or office.
      2. Forgery, alteration or misuse of any college document, record or instrument of identification.
      3. Tampering with the election of any college- recognized student organization.
    2. Obstruction of teaching, research, administration, disciplinary proceedings or other college activities, including its public service functions on campus, in clinical settings or other authorized non-college activities, when the conduct occurs on college premises a faculty member may remove a student from a class meeting for disciplinary reasons. If a faculty member removes a student for more than one class period, the faculty member shall notify the college official responsible for administration of the Student Conduct Code in writing of the problem, action taken by the faculty member, and the faculty member's recommendation. If a resolution of the problem is not reached, the student may be removed permanently pursuant to appropriate due process procedures.
    3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, conduct which threatens or endangers the health or safety of any person, and/or disruptive behavior as defined in Article II.B above.
    4. Attempted or actual theft of and/or damage to property of the college or property of a member of the college community or other personal or public property.
    5. Failure to comply with direction of college officials or law enforcement officers in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
    6. Unauthorized possession, duplication or use of keys to any college premises, or unauthorized entry to or use of college premises.
    7. Violation of any college or District policy, rule or regulation published in hard copy such as a college catalog, handbook, etc. or available electronically on the college's or District's website.
    8. Violation of federal, state or local law.
    9. Use, possession, manufacturing or distribution of illegal or other controlled substances except as expressly permitted by law.
    10. Illegal use, possession, manufacturing or distribution of alcoholic beverages or public intoxication.
    11. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on college premises, or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others, or property damage.
    12. Participation in a demonstration, riot or activity that disrupts the normal operations of the college and infringes on the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any college building or area.
    13. Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at college-sponsored or supervised functions.
    14. Conduct that is disorderly, lewd or indecent; breach of the peace; or aiding, abetting or procuring another person to breach the peace on college premises or at functions sponsored by or participated in by the college or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices or to make an audio or video record of any person while on college or District premises without his/her prior knowledge, or without his/her effective consent or when such a recording is likely to cause injury or distress. This includes, but is not limited to, secretly taking pictures of another person in a gym, locker room, or restroom.
    15. Attempted or actual theft or other abuse of technology facilities or resources, including but not limited to:
      1. Unauthorized entry into a file, to use, read or change the contents or for any other purpose
      2. Unauthorized transfer of a file
      3. Unauthorized use of another individual's identification and/or password
      4. Use of technology facilities or resources to interfere with the work of another student, faculty member or college official
      5. Use of technology facilities or resources to send obscene or abusive messages
      6. Use of technology facilities or resources to interfere with normal operation of the college technology system or network
      7. Use of technology facilities or resources in violation of copyright laws
      8. Any violation of the District's technology resource standards
      9. Use of technology facilities or resources to illegally download files
    16. Abuse of the Student Conduct system, including but not limited to:
      1. Falsification, distortion or misrepresentation of information before a Student Conduct Board.
      2. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
      3. Invoking a Student Conduct Code proceeding with malicious intent or under false pretenses
      4. Attempting to discourage an individual's proper participation in, or use of, the Student Conduct system
      5. Attempting to influence the impartiality of the member of a judicial body prior to, and/or during the course of, the Student Conduct Board proceeding
      6. Harassment, either verbal or physical, and/or intimidation of a member of a Student Conduct Board prior to, during and/or after a Student Conduct Board proceeding
      7. Failure to comply with the sanctions imposed under this Student Conduct Code
      8. Influence or attempting to influence another person to commit an abuse of the Student Conduct Code system
      9. Failure to obey the notice from a Student Conduct Board or college official to appear for a meeting or hearing as part of the Student Conduct system.
    17. Engaging in irresponsible social conduct.
    18. Attempt to bribe a college or District employee.
    19. Stalking behavior, which occurs if a student intentionally or knowingly maintains visual or physical proximity toward another person on two or more occasions over a period of time and such conduct would cause a reasonable person to fear for his or her safety.
  4. Violation of Law and College Discipline
    1. Disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to pending of civil or criminal litigation. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the college official responsible for administration of the Student Conduct Code. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
    2. When a student is charged by federal, state or local authorities with a violation of law, the college will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under this Student Conduct Code, however, the college may advise off campus authorities of the existence of this Student Conduct Code and of how such matters will be handled internally within the college community. The college will cooperate fully with the law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting within their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Article IV: Student Conduct Code Procedures

  1. Charges and Student Conduct Board Hearings
    1. Any member of the college community may file charges against a student for violations of this Student Conduct Code. A charge shall be prepared in writing and directed to the Student Conduct Administrator. Any charge should be submitted as soon as possible after the event takes place, preferably within thirty (30) days following the incident. Misconduct charges of a sexual nature, including sexual harassment and sexual assault, should be sent to the vice president of student affairs who is the designated Title IX Coordinator at each MCCCD college. Title IX protects students from sexual misconduct and other forms of discrimination in connection with all academic, extracurricular, athletic, and other programs sponsored by the college at any college facility or other location. The Title IX Coordinator (or designee) will conduct an investigation that is prompt, thorough, and impartial according to the MCCCD sexual harassment complaint process.
    2. The Student Conduct Administrator may conduct a prompt, thorough, and impartial investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator will convene the student conduct board. If the student admits violating institutional rules, but sanctions are not agreed to, the hearing shall be limited to determining the appropriate sanction(s).
    3. All charges shall be presented to the accused student in written form. The Student Conduct Administrator will provide written notice of the time, date, and location of the student conduct hearing. The notice will describe the evidence of alleged misconduct, the code provisions violated, and the possible sanctions. The student conduct hearing notice, plus a copy of this code, shall be provided to the student accused of misconduct no less than five (5) workdays before the hearing date. The hearing will be held no more than fifteen (15) workdays after the student has been notified unless the Student Conduct Administrator extends the deadline for good cause in his or her sole discretion.
    4. Hearings shall be conducted by a Student Conduct Board according to the following guidelines, except as provided by Article IV 1.G below:
      1. Student Conduct Board hearings normally shall be conducted in private.
      2. The complainant, accused student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board hearing at which information is received (excluding deliberations). Admission of any person to the hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.
      3. In Student Conduct Board hearings involving more than one accused student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board hearing concerning each student to be conducted either separately or jointly.
      4. The complainant and the accused shall have the right to be assisted by any advisor they choose, at their own expense. A party who elects to be assisted by an advisor must notify the student conduct administrator of the name and contact information of the advisor not less than two (2) days before the scheduled hearing. The advisor must be a member of the college community and may not be an attorney. Both the complainant and the accused are responsible for presenting their own information and, therefore, advisors are not permitted to speak or participate directly in any Student Conduct Board hearing before a Student Conduct Board.
      5. The complainant, the accused student, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The Student Conduct Administrator will try to arrange the attendance of possible witnesses who are members of the college community, if reasonably possible, and who are identified by the complainant and/or accused student at least two days prior to the Student Conduct Board hearing. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
      6. The Student Conduct Administrator will present the information he or she received.
      7. Pertinent records, exhibits, and written statements may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
      8. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
      9. After the portion of the Student Conduct Board hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the accused student violated the section of this Student Conduct Code which the student is charged with violating.
      10. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the accused student violated this Student Conduct Code.
    5. There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board hearings before a Student Conduct Board (not including deliberations). The record shall be the property of the District.
    6. No student may be found to have violated this Student Conduct Code because the student failed to appear before a Student Conduct Board. In all cases, the evidence and support of the charges shall be presented and considered.
    7. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the college official responsible for administration of the Student Conduct Code.
  2. Sanctions
    1. The following sanctions may be imposed upon any student found to have violated the Student Conduct Code:
      1. Warning - a written notice to the student that the student is violating or has violated institutional rules or regulations.
      2. Proba​tion - a written reprimand for violation of specified rules or regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional rules or regulation(s) during the probationary period.
      3. Loss of Privileges - denial of specified privileges for a designated period of time.
      4. Restitution - compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
      5. Discretionary Sanctions - work assignments, essays, service to the college, or other related discretionary assignments. (Such assignments must have the prior approval of the Student Conduct Administrator.)
      6. College Suspension - separation of the student from all the colleges in the District for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      7. College Expulsion - permanent separation of the student from all the colleges in the District.
    2. More than one of the sanctions listed above may be imposed for any single violation.
    3. Other than college expulsion, disciplinary sanction shall not be made part of the student's academic record, but shall become part of the student's disciplinary record. Upon graduation, the student's disciplinary record may be expunged of disciplinary actions upon the student's application to the Student Conduct Administrator. Cases involving the imposition of sanctions other than suspension or expulsion shall be expunged from the student's confidential record seven (7) years after final disposition of the case.

      In situations involving both an accused student(s) (or group or organization) and a student(s) claiming to be the victim of another student's conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the accused student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the college community of each may be impacted.

    4. The following sanctions may be imposed upon groups or organizations:

      1. Those sanctions listed above in Article IV 2. A. 1 through 4.
      2. Loss of selected rights and privileges for a specified period of time.
      3. Deactivation - loss of all privileges, including college recognition for a designated period of time.
    5. In each case in which a Student Conduct Board determines that a student and/or group or organization has violated the Student Conduct Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Board. Following the Student Conduct Board hearing, the Student Conduct Board and the Student Conduct Administrator shall advise the accused student, group and/or organization (and a complaining student who believes s/he was the victim of another student's conduct) in writing of its determination and of the sanction(s) imposed, if any.
  3. Emergency Suspension
    If a student’s actions pose an immediate threat or danger to any member of the college community or the educational processes, a college official responsible for administering the Student Conduct Code may immediately suspend or alter the rights of a student pending a Student Conduct Board hearing. Scheduling the hearing shall not preclude resolution of the matter through mediation or any other dispute resolution process. The decision will be based on whether the continued presence of the student on the college campus reasonably poses a threat to the physical or emotional condition and well-being of any individual, including the student, or for reasons relating to the safety and welfare of any college property, or any college function. When an emergency suspension is imposed, the student conduct administrator will seek to resolve the complaint at the earliest possible date. This suspension is not a sanction but an effort to protect people and property and prevent disruption of college operations.

    In imposing an emergency suspension, the college official responsible for administration of the Student Conduct Code may direct that the student immediately leave the college premises and may further direct the student not to return until contacted by that official. An accused student shall be in violation of this policy regardless of whether the person who is the object of the threat observes or receives it, as long as a reasonable person would interpret the communication, conduct or gesture as a serious expression of intent to harm.

  4. Administrative Hold
    The Student Conduct Administrator may place a temporary administrative hold preventing an accused student’s registration, financial aid award, transcript release, or graduation if it is necessary to secure the student’s cooperation in the investigation or compliance with a direction. This hold is not a sanction but a necessary step to resolve the complaint promptly.

  5. Academic Consequences
    Violations of the student conduct code can have academic consequences if the violation also constitutes failure to meet standards of performance or professionalism set by the instructor or the program, or if it constitutes cheating, plagiarism, falsification of data, or other forms of academic dishonesty. The instructor may award a failing grade for the assignment or the course in such cases, and the program faculty may decide that the student is ineligible to continue in the program. Academic consequences are determined by the faculty and academic administration, and are not dependent on the decisions of the student conduct board, the appeals board, or the student conduct administrator.

  6. Appeals Regarding Student Code of Conduct

    1. A decision reached by the Student Conduct Board judicial body or a sanction imposed by the Student Conduct Administrator may be appealed by accused students or complainants to an Appellate Board within five (5) days of receipt of the decision. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator.
    2. Except as required to explain on the basis of new information, an appeal shall be limited to the review of the verbatim record of the Student Conduct Board hearing and supporting documents for one or more of the following purposes:
      1. To determine whether the Student Conduct Board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present information that the Student Conduct Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
      2. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Conduct Code occurred.
      3. To determine whether the sanction(s) imposed was appropriate to the violation of the Student Conduct Code which the student was found to have committed.
      4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board hearing.
    3. If an appeal is upheld by the appellate board, the matter shall be returned to the original Student Conduct Board and Student Conduct Administrator for reopening of the Student Conduct Board hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all concerned.

Article V: Interpretation and Revision

Any question of interpretation regarding the Student Conduct Code shall be referred to the college official responsible for administration of the Student Conduct Code for final determination.

AMENDED through Direct Approval by the Executive Vice Chancellor and Provost, January 31, 2017

AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.5.3
Student Records

1. Definitions

For the purposes of this policy, the Maricopa County Community College District has used the following definition of terms.

    A.    "College" includes all colleges, educational centers, skill centers and District office.

    B.    "Educational Records" are any record (in handwriting, print, tapes, film, or other media) maintained by the college or an agent of the college which is directly related to a student, except:

        i.    A personal record kept by a staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker's temporary substitute

        ii.    An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment

        iii.    Records maintained by the colleges security unit, if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction and the security unit does not have access to education records maintained by the community college.

        iv.    Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, if the records are used only for treatment of a student or made available only to those persons providing treatment.

        v.    Alumni records which contain information about a student after he or she is no longer an attendant of the community college and the records do not relate to the person as a student

2. Records Request

Official verification of educational records is issued by the Admissions and Records Office/Office of Student Enrollment Services.

3. Fees

If a copy(ies) of a portion or all of the records in a student’s file is requested, the custodian of the records may charge a fee for copies made. However, the willingness or ability to pay the fee will not effectively prevent students from exercising their right to inspect and review (under supervision of a college employee) their records. A fee will not be charged to search for or to retrieve records. Standard fees for printing and duplication services will apply.

4. Annual Notification ( SEE ALSO FERPA EXPLANATION )

Students will be notified of their rights annually by electronic mail in a FERPA Annual Notification. Students rights may also be provided via the following means: FERPA Annual Notification placement on the college website, publication in the college catalog and/or the student handbook:

Individuals requesting admission or enrollment at any of the Maricopa County Community Colleges are asked to provide certain contact information that is collected and used for the purpose of responding to the request. The information collected may include your name, address, telephone number or email address. Maricopa county community colleges and/or its agents, including attorneys and/or collection agencies, may use this information to contact you through various means, including phone calls, text messages, e-mail and postal mail. Communication may include, but is not limited to, information regarding account balances, programs and services that MCCCD offers.

5. Rights of Access to Educational Records

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (FERPA defines an “eligible student” as a student who has reached 18 years of age or is attending a postsecondary institution at any age). These rights include:

    A.   The right to inspect and review the student's education records within 45 days after the day the college receives a request for access.

        1.    Students should submit to the Admissions & Records Office/Enrollment Services written requests that identify the record(s) they wish to inspect. The form to do so may be found here . The college official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

        2.    There may be occasions when a record may not be copied, especially if doing so may compromise another student or faculty member's privacy. The college or District may deny access to the following records:

            a.    Parents' financial statements;

            b.    Letters of recommendation, if the student has waived his or her right of access;

            c.    Records filed before January 1, 1975; or

            d.    Records not included in the FERPA definition of educational records.

        3.    The Maricopa County Community College District and its associated colleges reserve the right to deny copies of records, including transcripts, in any of the following situations:

            a.    The student has an unpaid financial obligation to the college or District;

            b.    There is an unresolved disciplinary action against the student; or

            c.    The educational record requested is an exam or set of standardized test questions.

    B.    The right to request the amendment of the student's education records that the student believes is inaccurate, or misleading.

        1.    Students may ask the college to amend a record that they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. A proper request to correct a student education record must:

            a.    Be written to the College Registrar;

            b.    Clearly identify the part of the record they want to be changed; and

            c.    Specify why the record is inaccurate or misleading.

        3.    Any written request which does not include the required information will not be considered. The requestor will be notified in writing that their request was not properly submitted and they will receive directions on how to resubmit it.

        4.    If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. The FERPA Appeal Process is also outlined in the student handbook and in Appendix S-17 of the MCCCD Administrative Regulations.

    C.    The right to provide written consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.

        1.    With the exception of directory information and the various FERPA authorized disclosures without consent, the Maricopa County Community College District or its associated colleges must receive written consent from students before disclosing any personally identifiable information from educational records. The FERPA release of information consent may be found here .

CONDITIONS OF DISCLOSURE WITHOUT CONSENT

FERPA permits the disclosure of personally identifiable information (PII) from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA Regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student:

1.    To other school officials, including instructions, administrators, supervisors, Governing Board members, academic or support staff, law enforcement and health staff, within the MCCCD whom the college or District has determined to have legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities. This includes contractors, attorneys, auditors, collection agents, consultants, volunteers, or other parties to whom the college has outsourced institutional services or functions, provided that the conditions listed in

§99.31(A)(1)(I)(B)(1) – (A)(1)(I)(B)(2) are met. (§99.31(A) (1))

2.    To officials of another school where the student seeks to or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(A) (2))

3.    To authorized representatives of the US Comptroller General, the US Attorney General, and the US Secretary of Education, or State and Local Educational Authorities, such as a state postsecondary authority that is responsible for supervising the college’s state supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of federal-or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement, or compliance activity on their behalf (§§99.31(A) (3) AND 99.35)

4.    In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(A) (4))

5.    To organizations conducting studies for, or on behalf of, the college, in order to: (A) Develop, Validate, or Administer Predictive Tests; (B) Administer student aid programs; or (C) Improve instruction (§99.31(A) (6))

6.    To accrediting organizations to carry out their accrediting functions. (§99.31(A) (7))

7.    To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(A) (8))

8.    To comply with a judicial order or lawfully issued subpoena.(§99.31(A) (9))

9.    To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(A) (10))

10.    Information the college has designated as “Directory Information” under §99.37. (§99.31(A) (11))

11.    To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(A) (13))

12.    To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the college’s rules or polices with respect to the allegation made against him or her.(§99.31(A) (14))

13.    To parents of a student regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(A) (15))

Students who believe that MCCCD or an agent of the college has disclosed information contrary to the provisions outlined in this section may submit a grievance via the non-instructional complaint resolution process. The process is posted at: S-8 Non-Instructional Complaint Resolution

 

D.    The right to file a complaint with the US Department to Education concerning alleged failures by the college to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

US Department of Education

400 Maryland Avenue SW

Washington, DC 20202-5920

E.    2012 FERPA Amendment: As of January 3, 2012, The U.S. Department Of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records—including social security number, grades, or other private information—may be accessed without student consent. for more information on this amendment, please see: FERPA

F.    Student Directory Information

    1.    A Maricopa County Community College may release directory information about any student who has not specifically requested the withholding of such information. Students who do not want directory information released may so indicate during the admissions process or notify the Admission & Records Office/Enrollment Services.

        A.    Students should consider very carefully the consequences of a decision to withhold directory information. A privacy block will call for the college or District to not release this directory information. Therefore, any future requests for such information from non-institutional persons or organizations will be refused.

    2.    Students may request their college to withhold the sharing of directory information by filing out a request to withhold directory information form and submitting that form to the college Admission & Records Office/Enrollment Services.

    3.    Directory information is considered public information. At any Maricopa County Community College, directory information is defined as a student's:

        A.    Name

        B.    Address

        C.    Phone Number

        D.    MCCCD Email Address

        E.    Photograph/Electronic Image

        F.    Place of Birth

        G.    Major Field of Study

        H.    Current Enrollment Status

        I.    Participation in Officially Recognized Activities

        J.    Dates of Attendance

        K.    Degrees Awarded

        L.    Awards and Academic Honors Received/Dean’s List Selection

        M.    Previous Institutions Attended

        N.    Program and promotional materials on participants in various sports and similar public activities, including weight and height of athletic team members.

        G.    Disclosure to Parents

        In accordance with federal law, college officials may disclose educational records to parents of a student who have established the student's status as a dependent according to the Internal Revenue Code of 1986, section 152, without the written consent of the student.

RELEASE OF DIRECTORY (PUBLIC) INFORMATION

At its discretion, the college or District may provide directory information in accordance with the provisions of FERPA. Types of information considered as directory information are listed below. Additional information may be found at: DISTRICT.MARICOPA.EDU under Consumer Information.

DIRECTORY (PUBLIC) INFORMATION AT MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT AND ITS

ASSOCIATED COLLEGES

Name

Address

Phone Number

MCCCD Email Address

Photographs

Electronic Images

Date and Place of Birth

Major Fields of Study

Current Enrollment Status

Participation in Officially Recognized Activities

Dates of Attendance

Degrees

Awards and Academic Honors Received

Dean's List Selection

Previous Institutions Attended

Program and promotional materials on participants in various sports and similar public activities, including weights and heights of athletic team members Directory information is considered public information.

PRIVACY OF DIRECTORY (PUBLIC) INFORMATION

 

BLOCKING THE RELEASE OF DIRECTORY (PUBLIC) INFORMATION

 

By default, a college or District may release a student's directory information. Students may prohibit (or block) the public disclosure of directory information by completing a

PRIVACY BLOCK form.

Students should consider very carefully the consequences of a decision to withhold directory information. A privacy block will call for the college or District to not release this directory information. Therefore, any future requests for such information from non-institutional persons or organizations will be refused.

Although the college or District will honor a student's request to withhold directory information, it cannot assume responsibility to contact the student for subsequent permission to release this information. Regardless of the effect upon the student, the college or District assumes no liability as a result of honoring a student's instructions to withhold such information.

 

ADDITIONAL INFORMATION :

•    If a student blocks directory information, it still may be inspected by those MCCCD officials authorized by law to inspect education records without consent.

•    If a student chooses to block directory information, it cannot be released to friends, family, prospective employers, the news media, advisors, student activities, and honors societies.

•    Some reasons for considering a privacy block on directory information include harassment or the advice of a legal or medical professional.

•    If a student wishes to keep public data private but release information so it can be published in commencement programs and honors lists, contact the office of admissions & records/enrollment services at the appropriate college(s).

If a student wishes to remove the privacy block, he or she must rescind the previous block. The college and District cannot assume responsibility to contact students for subsequent permission to release this information. It is the sole responsibility of the student to initiate the release of blocked information.

USING SOCIAL SECURITY NUMBERS

Due to identity theft concerns and privacy issues, students will no longer be asked to provide a social security number as a personal identifier. Instead, students will be assigned a student id number upon enrollment that can be used to access educationrecords, as needed.

AMENDED through the Administrative Regulation Process, June 4, 2019

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.5.4
Student Employment

  1. District Student Employees 
    1. Introduction
      Students may be employed by the college as student help. District regulations require that students be hired in essential jobs and that they be properly trained and supervised.
    2. Philosophy and Workload for Student Employees
      1. It shall be the philosophy of Maricopa Community College District that a student may work to augment college and living expenses, however, the scholastic endeavor should be foremost. Sufficient time should be allotted for classroom attendance, homework, out-of-class study and participation in activities.
      2. A workload of twenty (20) hours per week should be established as the maximum number of hours a student employee may work on campus. All student employees shall be enrolled in a minimum of three (3) semester credit hours. Any combination of day and evening hours would meet this requirement. Any student employee having special reasons to work over 20 hours per week or having dropped below three (3) credit hours should request his/her immediate supervisor to obtain approval from the College president or his/her designee.
      3. During the summer sessions, students may be eligible for employment if they were enrolled for a minimum of three (3) semester credit hours at the end of the spring semester, or if they have been accepted for admission for the fall semester. Exceptions to the three (3) semester credit hours may be made by the president, or his/her designee. Summer shall be designated as the time from the official end of the spring semester to the beginning of classes for the fall semester.
    3. Student Employee Benefits
      As student employees, there are no entitlements to employee benefits; i.e., vacation, retirement, sick leave, health and life, or disability insurance. Students will, however, be covered under Worker's Compensation Insurance.
    4. Student Employment Records
      Student employee records will be maintained at the Financial Aid office, the office of the fiscal agent or the Career/Placement Office and will be reviewed periodically by the vice president of students affairs.
    5. Student Compensation
      The hourly rate of pay for student employees shall coincide with the policies of the District Salary Schedule.
    6. Employee Contracts and Forms (See Appendix FM-3)
    7. Student Employee Grievance Procedure
      Part-time student employees working for one of the Maricopa Community Colleges may wish to file a grievance relating to certain working conditions or violation of student employment regulation. Please refer to the Non-Instructional Complaint Resolution Process (AR 2.3.12)
  2. Student Security Guards
    1. Introduction and Philosophy
      Students may be employed by the college as student help. If student guards do not come from the ranks of Administration of Justice classes, they must undergo appropriate training to qualify them as student guards. This training program is outlined in the regulation.
    2. Workload of Student Security Guards
      1. Student security guards shall be enrolled for a minimum of three (3) semester hours.
      2. Student security guards shall be limited to 20 hours per week when the workweek starts at 7:00 a.m. on Monday and concludes at 11:00 p.m. on Friday. Additional hours may be worked if guards are assigned special duty at games or activities held on campus during the weekend, or if guards are assigned a shift on Saturday and Sunday, between 7:00 a.m. and 11:00 p.m.
    3. Students not in Administration of Justice Program
      1. Use of student other than those in Administration of Justice Program:
        1. Selection of the student must be personally approved by the vice president of students affairs and chief of security.
        2. Selection of a student should not extend beyond one semester without the approval of the vice president of students affairs.
        3. Selected student must undergo a special training program directed by the chief of security and approved by the vice president of students affairs.
      2. Recommended program for students other than those in Administration of Justice programs: Students employed by campus security who are not majors in the Administration of Justice program should be given at least twenty (20) hours of training with pay before being allowed to function independently as a campus security guard. This training should include, but not be limited to instruction in:
        1. Wearing of the uniform, general appearance, and demeanor
        2. The use of the various security report forms and how to properly complete them to provide requested information; General report writing methods
        3. Public relations methods used on the campus
        4. Crime prevention methods used on the campus; Patrol methods used in buildings and grounds.
        5. Basic techniques for interviewing students, faculty and visitors relative to the incidents
        6. Laws and regulations governing the actions of campus security personnel concerning rendering of assistance to students, faculty and visitors on the campus
        7. Basic first aid
    4. Student Security Guards Employee Benefits
      As student employees there are not entitlements to employee benefits; i.e., vacation retirement, sick leave, health and life, or disability insurance. Students will, however, be covered under Worker's Compensation Insurance.
    5. Student Employment Records
      The student security guard's employment records will be maintained at the office of the chief of security and reviewed periodically by the vice president of students affairs.

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.5.5
Student Governance

Student governing bodies derive their authority from the Maricopa County Community College District Governing Board that exists in accordance with Arizona Revised Statutes. The administration of the District is vested in the Chancellor who delegates responsibility for each college to the college president who serves in a management and policy implementation capacity having the ultimate responsibility for all activities of the college. The president shall designate the administrator(s) (i.e., directors of student leadership) at each college who will be charged with the responsibility for working with the college student governing body(ies) in the development of college student activities and programs.

A representative form of student governance may exist at each college/center as well as district wide to provide an effective means of communication among students, faculty, staff and administration and to provide student input in college and District matters. Eligibility requirements are to be met and spelled out in detail in each student governance constitution. These constitutions shall establish the minimum requirements for the elective/appointive officers. All student government constitutions shall be submitted to the Governing Board General Counsel to ensure compliance with federal and state laws, the Maricopa Community Colleges Governing Board Policies and the Chancellor's Administrative Regulations. Since Rio Salado Community College is a countywide non-campus college, the president shall ensure that opportunities exist for student involvement.

College student constitutions should be reviewed annually by student governance. The appropriate vice president or designee of each college shall be responsible for submitting any changes to the president of the college for transmittal to the Governing Board General Counsel.

  1. Officers/Members
    All reference in this document to positions will designate whether the position is an officer position or a member position.

    Each student governance constitution shall define which of its elected positions (maximum of 5) within its structure shall be designated as officers. The persons filling those positions shall be referred to, in this document, as officers. Persons filling all other positions, elected or appointed, shall be referred to as members (excluding non-voting committee members).

    All positions filled by election shall be considered as elected positions, even though the person filling the position may have been appointed to fill an unexpired term of another individual.

  2. Designation
    Colleges with two (2) student governments shall designate the governments as "day" or "evening." Colleges with one (1) government shall be considered day students, for the purposes of this document.
  3. Eligibility for Office
    All student governance constitutions shall prescribe that all persons elected or appointed as officers shall be enrolled in and maintain a minimum of six (6) credit hours for day student governments, three (3) credit hours for evening student governments. Officers shall have and maintain a minimum cumulative grade point average of 2.50 and be in good standing (not on probation) according to the written district policy. Convicted felons shall be ineligible for office (ARS § 13-904). The constitution may, however, set more rigid requirements, if so desired by college student governance.
  4. Tenure of Position
    Tenure in any student governance position shall be determined by the respective student governance constitutions. In no case shall any student be allowed to serve in any combination of officer/member positions beyond a total of ten (10) semesters. Tenure in any combination of officer positions shall be limited to four (4) semesters.
  5. Removal from Office
    Provisions shall be made in all student governance constitutions for removal for cause of individuals from elected or appointed student governance positions.
  6. Remuneration Limitations
    1. Student body officers may receive financial support and/or a letter grade in a leadership class during their terms of office as authorized in their respective student governance constitutions. Student body officers (maximum 5) may receive up to twenty (20) hours per week in financial support and/or up to six (6) credit hours in leadership classes per semester. Remuneration shall be for services rendered and not for merely holding the office.
    2. For qualifying students, Federal Work Study (FWS) funds may be used in accordance with Federal guidelines.
    3. The allowance for awarding honorariums or scholarships for executive student officers is a maximum of $200.00.
    4. Compensation may be received for both honorariums/scholarships and college employment in the same semester.
  7. Amending Student Constitutions
    College student constitutions should be reviewed annually by student governance. The appropriate vice president or designee of each college shall be responsible for submitting any constitutional changes to the President of the college for transmittal to the Governing Board General Counsel.
  8. Student Governance Advisors
    College organization advisors will be provided for in each student governance constitutions. Such advisors shall be full-time or part-time employees of the Maricopa Community Colleges.

    Recommendations for appointment of an advisor may be submitted to the appropriate vice president or college president. Recommendations for dismissal of an advisor with just cause may be submitted to the appropriate vice president or college president.

  9. Legal/Fiscal/Financial Matters
    Authority and responsibility beyond the scope specifically covered in student policies, or interpretation of such matters within laws, board policies, etc. shall rest with the offices of General Counsel and Chancellor, respectively.
  10. Final Authority
    ​In the event of a complete breakdown of the governance body, the college president will serve as the final authority.

Student Clubs and Organizations

In addition to student governing bodies, student clubs and organizations may be formed that fall under the operational direction of the Office of Student Life and Leadership and the administrative direction of the Vice President of Student Affairs at each college. Student clubs and organizations are generally interest-based in nature (such as for a particular program, discipline, or college activity) and are considered to be an important part of the total college experience. Each college shall outline the requirements necessary to establish the formation of an interest-based student club and organization (i.e., mission/purpose, size, structure, advisors). Club advisors shall be employees of the Maricopa County Community College District.

In most instances, student clubs and organizations shall be open to all students who are enrolled in credit courses at a Maricopa Community College. Pursuant to ARS §15-1863, religious or political student organizations may determine that the organization’s internal affairs, selecting the organization’s leaders and members, defining the organization’s doctrines, and resolving the organization’s disputes are part of the organization’s religious or political mission and that only persons committed to that mission should conduct such activities. For religious and political organizations, state statute recognizes the role that viewpoint serves in the mission and purpose of the organization’s operations. Thus, such groups may elect to select members based upon organizational doctrine. The MCCCD may not deny recognition or any privilege or benefit to a religious or political student organization or group that exercises its rights pursuant to the statute.

Whereas ARS §15-1863 allows religious and political organizations to determine their internal affairs and the selection of their leaders and members, the MCCCD non-discrimination policy is applicable to all other aspects of these student clubs and organizations.

AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.5.6
Lost or Stolen Records

Administrative Regulation 2.5.6 Lost or Stolen Records has been repealed and is no longer effective.

Please refer to the following Administrative Regulations: 4.22 Statement on Privacy,  4.23 Written Information Security Program4.24 Information Security and Privacy Incident Response Plan

DIRECT APPROVAL by the Chancellor, November 12, 2014

AMENDED through the Administrative Regulation Process, May 20, 2014
AMENDED through the Administrative Regulation Process, March 25, 2013
AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, March 4, 2011
AMENDED through the Administrative Regulation approval process, February 23, 2010
ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.6 Hazing Prevention Regulation

The Maricopa County Community College District (MCCCD) strives to exceed the changing expectations of our many communities for effective, innovative, student-centered, flexible and lifelong educational opportunities. Our employees are committed to respecting diversity, continuous quality improvement and the efficient use of resources. We are a learning organization guided by our shared values of: education, students, employees, excellence, diversity, honesty and integrity, freedom, fairness, responsibility and public trust.

Central to the vitality and dignity of our community of learners is an environment that produces broadly educated responsible citizens, who are prepared to serve and lead in a free society. Academic instruction, co-curricular activities and community involvement come together to meet this goal. All members of the MCCCD community, through the best of their abilities, must be provided the opportunity to contribute in a safe, orderly, civil and positive learning environment. One factor that inhibits the achievement of the above stated purpose is the practice of hazing.

  1. Hazing by any student, employee or other person affiliated with MCCCD is prohibited.
  2. "Hazing" is defined as any intentional, knowing or reckless act committed by a student or other person in any MCCCD college or affiliated educational setting, whether individually or in concert with other persons, against another student, and in which both of the following apply:
    1. The act was committed in connection with an initiation into, an affiliation with or the maintenance of membership in any club/organization that is affiliated with MCCCD; and
    2. The act contributes to a substantial risk of potential physical injury, mental harm or personal degradation, or causes physical injury, mental harm or personal degradation.
  3. Any solicitation to engage in hazing is prohibited.
  4. Aiding and abetting another person who is engaged in hazing is prohibited.
  5. Victim consent is not a defense for violation of the Maricopa Community Colleges Hazing Prevention Regulation.
  6. All students, faculty and staff must take reasonable measures within the scope of their individual authority to prevent violations of the MCCCD Hazing Prevention Regulation.
  7. Hazing activities and situations include, but are not limited to, the following:
    1. Pre-pledging, illegal pledging or underground activities.
    2. Acts of metal and physical abuse, including, but not limited to: paddling, slapping, kicking, pushing, yelling, biting, duck-walking, line-ups, tuck-ins, belittling, excessive exercise, beating or physical abuse of any kind, and the potentially forced consumption of any food or beverage that contributes to or causes physical injury, mental harm or personal degradation.
    3. Sleep deprivation (activities that deprive prospective and/or current students and/or members of the opportunity of a minimum of six hours sufficient sleep each day).
    4. Encouraging or forcing use of alcohol or drugs.
    5. Any type of student club/organization scavenger hunt, quest, road trip or other activity that would physically or psychologically endanger prospective and/or current students and/or members or others.
    6. Stroking or physically touching in an indecent or inappropriate manner. See Sexual Harassment Policy 5.1.8
    7. Student club/organization activities that subject prospective and/or current students and/or members or others to public nuisance or spectacle.
    8. Aiding or abetting theft, fraud, embezzlement of funds, destruction of public, personal or private property, or academic misconduct.
    9. Being required to wear odd or look-alike apparel that contributes to or causes physical injury, mental harm or personal degradation.
    10. Personal services that contribute to or cause physical injury, mental harm or personal degradation.
  8. Alleged violations of this regulation by students or student organizations can be reported to the vice president of student affairs' office for investigation by any member of the college community. The vice president of student affairs' office will investigate the complaint in accordance with the student disciplinary code, all other college and MCCCD policies, and local and state laws.
     
    Alleged violations of the MCCCD hazing prevention regulation or interference with an investigation under this regulation by students or student organizations are subject to sanctions under the student disciplinary code.
     
    The student disciplinary code shall govern all proceedings involving such a complaint. Decisions arrived at as outcomes of the proceedings shall be final, pending the normal appeal process.
  9. Alleged violations of the MCCCD hazing prevention regulation by any faculty or staff member can be reported to the vice president of student affairs' office for investigation by any member of the college community. The vice president of student affairs' office will investigate the complaint in accordance with college and MCCCD policies, and local and state laws.
     
    Any MCCCD faculty or staff member who knowingly permitted, authorized or condoned the alleged hazing activity is subject to disciplinary action in accordance with college and MCCCD policies, and local and state laws.
  10. If the vice president of student affairs' office receives a report or complaint of an alleged hazing activity involving physical injury, threats of physical injury, intimidation, harassment or property damage, or any other conduct that appears to violate Arizona state law, the college will report such conduct to the appropriate college safety office. The said college safety office will investigate, respond to and report on the alleged hazing activity in accordance with all college, district, local, state and federal guidelines, policies and laws.
  11. Should the proceedings outlined above substantiate an occurrence of hazing activity-where students or student organizations knowingly permitted, authorized or condoned the hazing activity-the college can recommend the following sanctions against student clubs/organizations:
    1. CENSURE: Censure can include the required completion of a program designed with the intent of eliminating the hazing activity. The programs will be devised with the cooperation of all involved parties and monitored by the vice president of student affairs' office.
    2. PROBATION: The student club(s)/organization(s) will be placed on probation for a specified period of time. Conditions of probation will be determined by the vice president of student affairs' office and outlined in writing to the student club(s)/organization(s). The probationary term will be monitored by the vice president of student affairs.
    3. SUSPENSION: The student club(s)/organization(s) will be suspended. The terms of the suspension can be defined in the sanction, including criteria the student club(s)/organization(s) must meet within a specified time to be considered for admission or renewal of college recognition status.
    4. REVOCATION: The student club(s)/organization(s) will have its status revoked, with the loss of all college associations, recognitions and privileges. The national or international office of an organization, if so affiliated, will be requested to revoke the charter of an organization.
  12. The MCCCD hazing prevention regulation is not intended to prohibit or sanction the following conduct:
    1. Customary athletic events, contests or competitions that are sponsored by the college or MCCCD.
    2. Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate co-curricular experience or a legitimate military training program.
  13. For the purposes of the MCCCD hazing prevention regulation:
    "Organization" is defined as an athletic team, association, order, society, corps, cooperative, club or other similar group that is affiliated with MCCCD, whose membership consists primarily of students enrolled at MCCCD and that may also be classroom-related or co-curricular in nature.

ADOPTED through the Administrative Regulation approval process, June 24, 2002

2.7 Sign Language Interpreter

  1. The coordinator of disability services at each college will designate a qualified individual to serve as interpreter coordinator.
  2. Any student who is deaf or hard of hearing may request an accommodation by contacting the designated disability services offices at his/her college.

    The interpreter coordinator and student will engage in an interactive process to determine a reasonable accommodation. Within a reasonable time following a request for services, the interpreter coordinator will obtain interpreting services through proper procurement procedures or will obtain an alternate accommodation that allows the student to participate in classes (i.e., real time captioning, c-print, or note taking).

  3. When the college has provided interpreting services or another reasonable accommodation and a student cannot attend a class, he/she must attempt in good faith to notify the interpreter coordinator at least twenty-four hours prior to the class. If a student misses three consecutive classes without notifying the interpreter coordinator, the college will cancel his/her services. Upon notifying the interpreter coordinator of the reason for the failure to notify and that he/she desires to return to class, the college will make a good faith effort to reinstate the student's services within a reasonable period of time.
  4. The interpreter coordinator will inform each interpreter of his/her duty to notify the coordinator at least twenty-four hours before missing an assigned class. This will allow the interpreter coordinator time to locate a substitute interpreter.
  5. At least once each semester the interpreter coordinator will ask each student to evaluate his/her assigned interpreter. At the beginning of each semester the interpreter coordinator will also provide each student with a complaint form to complete in the event the student is dissatisfied with the services provided.
  6. Once each year a certified interpreter will assess non-certified interpreters' skills in a classroom setting. The assessment will include each interpreter's ability to sign the vocabulary of the class subject matter.

ADOPTED through the Administrative Regulation approval process, April 14, 2003

2.8 Students with Disabilities

2.8.1
Eligibility for Accommodations & Required Disability Documentation

Purpose

To specify the disability documentation requirements that will qualify (i.e., support current and essential needs) Maricopa County Community College District students for reasonable and appropriate academic adjustments through each college's Disability Resources and Services (DRS) office or designated professional.

General Eligibility Requirements

DRS applicants must be admitted or enrolled as an MCCCD student, and must provide the Disability Resources and Services (DRS) office with qualifying disability documentation, verifying the nature and extent of the disability prior to requesting or receiving any academic adjustment.

Who Is Eligible for Services?

To be eligible for DRS support services, a student must have a disability as defined by federal law (section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act OF 1990 (ADA), and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).

Definitions

  • Disability: A disability is any physical or mental condition that causes substantial limitation to the ability to perform one or more major life activities.
  • Academic adjustment: An academic adjustment is a modification of a non-essential academic requirement, an examination, or an institutional rule that is necessary to avoid discriminating on the basis of handicap against qualified students with disabilities. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

**Documentation can be transferred within MCCCD for current consideration for eligibility.
**Determination made by another institution or organization does not guarantee eligibility.

Special Considerations

Any employee who receives a request for academic adjustment must refer the student to the DRS Office. The DRS Office alone is responsible for evaluating documentation and determining eligibility and academic adjustments. All situations shall be considered on an individual, case-by-case basis, and all requests for academic adjustments from qualified students with a disability shall be considered by DRS. DRS may exercise its right to require additional documentation.

Academic adjustments are determined by the DRS Office through an interactive exchange with the eligible student. The DRS Office will give priority to the request of the student, but will also consider the instructor’s perspective when it is offered. The interactive exchange may continue during the course of the year, and the DRS may make reasonable alterations in approved academic adjustments based on input from the student and the faculty member. Academic adjustments determined by the DRS Office are required except when the institution subsequently determines that an adjustment would alter an academic requirement that is essential to the instruction being pursued by the student or to a directly related licensing requirement. MCCCD is not required to provide “best” or “most desired” accommodations but rather a reasonable accommodation sufficient to meet accessibility needs.

In the event the instructor believes the modification determined by DRS would alter an academic requirement that is essential to the instruction being pursued by the student, or to a directly related licensing requirement, the instructor will first meet with the director of the DRS office within three working days of receipt of the determination and attempt to resolve the issue informally. If the faculty member’s concern remains unresolved, within three days of the above meeting, he or she may submit a written request to the college’s chief academic officer (or a comparably qualified administrator designated by the college president) for his or her academic judgment on the question.

Any change in the DRS Office’s initial recommendation resulting from the above meeting or the Chief Academic Officer’s decision will be communicated to the student by the DRS Office. The interactive exchange with the student will continue in an effort to achieve a mutually satisfactory outcome.

If a student is not satisfied with the academic adjustment provided, he or she may file a complaint under the Discrimination Complaint Procedures for Students. In such cases, the Vice President for Student Affairs will assign an investigator whose qualifications and experience include curriculum development and educational accommodations for students with disabilities.

In all cases in which academic adjustments are in controversy, whether as a student discrimination complaint or a faculty member’s appeal to the Chief Academic Officer, the ultimate decision will be informed by consultation with the duly appointed faculty representatives who serve in the development of the curriculum for the institution and the program. The committee will study the requested academic adjustment and alternatives, their feasibility, cost and effect on the academic program, and come to a rationally justifiable conclusion as to whether the available alternatives would result either in lowering academic standards or requiring substantial program alteration. This conclusion will be submitted in writing to the Chief Academic Officer, who will consult with the Vice Chancellor and the Office of General Counsel before making the final determination.

Nothing in this policy prohibits a faculty member from making minor, commonsense alterations in the manner in which a course is presented. A student who asks the instructor to change the color of chalk used because he is colorblind may be so accommodated without registering with DSO. However, the faculty member must report making such accommodations to DSO.

Documentation Guidelines

Students requesting accommodations must provide documentation of their disability. Documentation consists of an evaluation prepared by a trained and qualified professional that identifies:

  • current level of functioning
    • current documentation
    • all standardized testing must use adult-normed instruments
    • age of the documentation may vary for some disabilities, provided the presence of a substantial limitation(s) is adequately established
  • how the disability impacts the student’s learning
  • contain information supportive of the student’s request for specific academic support, auxiliary aids, and accommodations

Specific Eligibility Requirements

  1. Physical Disabilities
    1. Required Documentation
      ​The student must submit a written, current diagnostic report of any physical disabilities that are based on appropriate diagnostic evaluations administered by trained and qualified (i.e., certified and/or licensed) professionals (e.g., medical doctors, ophthalmologists, neuropsychologists, audiologists). Disability diagnosis categories include:
      1. Orthopedic Disability
      2. Blind or Visual Impairment
      3. Deaf or Hard-of-Hearing
      4. Traumatic Brain Injury
      5. Other Health-Related/Systemic Disabilities
    2. Diagnostic Report
      ​The diagnostic report must include the following information:
      1. A clear disability diagnosis, history, and the date of diagnosis.
      2. A description of any medical and/or behavioral symptoms associated with the disability.
      3. Medications, dosage, frequency, and any adverse side effects attributable to use.
      4. A clear statement specifying functional limitations.
      5. A recommendation for accommodation(s).                                                                                                                                                      
  2. Specific Learning Disabilities   Diagnosis of specific learning disabilities that do not contain psycho-educational measures may not be sufficient for determining eligibility for academic accommodations. For example, school plans such as individualized education plans (IEP) or 504 plans may not be sufficient documentation. DRS reserves the right to request reassessment when questions regarding previous assessment or previous service provision arise.
    1. Required Documentation
      Submit a written diagnostic report of specific learning disabilities that is based on age appropriate, comprehensive, psycho educational evaluations using adult normed instruments.

      The assessment or evaluation which leads to the diagnosis must be administered by a trained and qualified (i.e., certified and/or licensed) professional (e.g., psychologist, school psychologist, neuropsychologist, or educational diagnostician) who has had direct experience with adolescents and adults with learning disabilities.

      ​An appropriate Psycho Educational Evaluation must include comprehensive measures in each of the following areas:

      1. Aptitude: evaluation must contain a complete intellectual assessment, with all sub-tests and standard scores reported.

        ​Examples Of Measures (including but not limited to):

        1. Wechsler Adult Intelligence Scale (WAIS-R)
        2. Stanford Binet Intelligence Scale
        3. Woodcock-Johnson Psycho-Educational Battery
        4. Kaufman Adolescent And Adult Intelligence Test                                                                                                                           
      2. Academic Achievement: evaluation must contain a comprehensive achievement battery with all sub-tests and standard scores reported. The test battery should include current levels of functioning in the relevant area(s).

        Examples of Achievement (including but not limited to):

        1. Wechsler Individual Achievement Tests (WIAT)
        2. Woodcock-Johnson Psycho-Educational Battery
        3. Stanford Test of Academic Skills (TASK)
        4. Scholastic Abilities Test for Adults (SATA)
      3. Information Processing: evaluation should assess specific information processing areas such as short- and long-term memory, sequential memory, auditory and visual perception/processing, processing speed, executive function, and motor ability.

        ​Examples of Achievement (including but not limited to):

        1. Wechsler Individual Achievement Tests (WIAT)
        2. Woodcock-Johnson Psycho-Educational Battery
        3. Stanford Test of Academic Skills (TASK)
        4. Scholastic Abilities Test for Adults (SATA)                                                                                                                                      
    2. Diagnostic Report
      ​The diagnostic report must include the following information:
      1. A diagnostic interview that addresses relevant historical information, past and current academic achievement, instructional foundation, past performance in areas of difficulty, age at initial diagnosis, and history of accommodations used in past educational settings and their effectiveness.
      2. A list of all instruments used in the test battery.
      3. Discussion of test behavior and specific test results.
      4. A diagnostic summary or statement with the following information:
        1. DSM V Classification
        2. A clear and direct statement that a learning disability does or does not exist, including a rule-out of alternative explanations for the learning problems. Terms such as "appears," "suggests," or "probable" used in the diagnostic summary statement do not support a conclusive diagnosis.
        3. A clear statement specifying the substantial limitations to one or more major life activities.
        4. A psychometric summary of scores. A recommendation for accommodations, including rationale

      Diagnosis of specific learning disabilities that do not contain psycho-educational measures may not be sufficient for determining eligibility for academic accommodations. For example, school plans such as individualized education plans (IEP) or 504 plans may not be sufficient documentation. DRS reserves the right to request reassessment when questions regarding previous assessment or previous service provision arise.

  3. Attention Deficit Hyperactivity Disorder (ADHD) / Attention Deficit Disorder (ADD) 
    1. Required Documentation
      Submit a current diagnosis of attention deficit hyperactivity disorder (ADHD)/attention deficit disorder (ADD) that is based on appropriate diagnostic evaluations.
    2. Diagnostic Report
      ​Acceptable documentation must include:
      1. DSM V Classification
      2. A summary or statement which includes the following information:
        1. A clear summary or statement specifying evidence of behavior that significantly impairs functioning, including degree of severity.
        2. A recommendation for accommodations, including rationale.                                                                                                                      
  4. Psychological/Psychiatric Disabilities 
    1. Required Documentation
      1. Depression and/or bipolar disorder
      2. Generalized anxiety disorders
      3. Post traumatic stress disorder
      4. Psychotic disorders
      5. Autism spectrum disorder.                                                                                                                                                                                
    2. Diagnostic Report
      If the diagnostic report is not current, a letter from a qualified professional that provides an update of the diagnosis may be requested.

      ​The diagnostic report must include the following:

      1. DSM V Classification
      2. A diagnostic summary or statement that includes the following:
        1. A clear summary or statement that a disability does or does not exist.
        2. A clear summary or statement specifying evidence of behavior that significantly impairs functioning including degree of severity.
        3. A discussion of medications and their possible impact on academic functioning.                                                                                     
  5. Neurological Disorders
    1. Required Documentation
      ​Disorders of the central and peripheral nervous system, including but not limited to:
      1. Acquired Brain Injury/Traumatic Brain Injury
      2. Epilepsy/Seizure Disorder
      3. Stroke                                                                                                                                                                                                               
    2. Diagnostic Report
      ​Written statement of diagnosis:
      1. Current functional limitations
      2. Information regarding current symptoms
      3. Information regarding prescribed medication(s) and possible side effect and impact on student academic performance
      4. Restrictions on activities imposed by the condition
      5. Where learning has been affected, a recent neuro-psychological evaluation is requested                                                                              
  6. Temporary Disabling Conditions
    1. Required Documentation
      ​Temporary disabling conditions as a result of surgery, accident, or serious illness may require accommodations for a limited time. Acceptable documentation must include:
      1. Written statement of diagnosis
      2. List of current symptoms and degree of severity
      3. Information regarding functional limitations and impact within an academic environment
      4. Medications and possible side effects
      5. Duration of symptoms and estimated length of time services will be needed 

AMENDED through Direct Approval by the Chancellor, January 4, 2017 
AMENDED through Direct Approval by the Chancellor, April 1, 2013

AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process, February 24, 2004
ADOPTED through the Administrative Regulation approval process, April 14, 2003

2.8.2
Eligibility of Students Taking Reduced Course Loads

Although any student may register for fewer than twelve credit hours, a student with a disability may request a reduced academic load as a reasonable and appropriate accommodation. A college Disability Resource Services (DRS) professional may certify that a student who is afforded a reduced academic load as an accommodation for a disability shall nevertheless be deemed a full-time student. Such certification shall be solely to enable the student to seek eligibility for health insurance benefits and to seek eligibility to comply with mandates of the National Junior College Athletic Association. The college DRS professional will certify that a student may be deemed a full-time student as provided under this regulation only on a semester-by-semester basis.

The appropriate college offices will receive documentation of the DRS professional’s certification from the professional or the student. An incoming student may apply for such certification upon acceptance to the college. Requests for certification must be made prior to the beginning of each semester. Every attempt will be made to accommodate these requests.

The following criteria also apply:

  1. Students taking a reduced course load must register for at least 6 credit hours (based on DRS approval) during the regular fall and spring semesters. It is recommended that students register for at least three (3) credit hours during the summer to offset the impact of academic eligibility.
  2. Students taking a reduced course load must maintain satisfactory academic progress standards as defined by the College catalog.
  3. The reduced credit load may result in an adjusted financial aid package. There may be additional ramifications including, but not limited to, extra time to complete college, insurance coverage, Vocational Rehabilitation funding, etc.
  4. Eligibility for Federal Stafford Loans may be reduced according to the total number of credit hours taken in the full academic year. A student, taking a reduced course load, must be at least half time in a semester (6 credits) in order to receive a Stafford Loan.
  5. The amount of Federal Financial Aid (Title IV) awarded is based on the actual number of cerdit hours taken.
  6. Requirements for continuation of funding through Vocational Rehabilitation may differ. The student must contact his/her VR counselor to determine how a reduced course load will impact their funding.
  7. The National Junior College Athletic Association (NJCAA) has published standards in regard to the designation of Certified Disabled Student-Athlete in Article V Section J of the NJCAA bylaws. This procedure addresses the NJCAA criteria for reduced course loads.

Application Process

  1. Applications for reduced course loads must be submitted to the Disability & Services professional with supporting documentation. Requests must be made prior to the beginning of each semester.
  2. Supporting documentation must include a diagnostic evaluation from an appropriate professional. The documentation must meet the guidelines set forth by the Maricopa Community College District’s Documentation Policy in order to evaluate the current impact of the disability in regards to the request. Students are required to complete an application form for this status every semester, but do not need to re-submit their documentation. Continuation of this status is not automatic. Each case will be re-evaluated at the end of the semester to determine if this accommodation is still appropriate.
  3. Students requesting a reduced course load should consult with their academic advisor regarding the consequences of this status for making progress toward graduation requirements and eligibility for various academic distinctions and designations.
  4. Students registered in occupational and/or academic programs that have specific block formats will not be considered for reduced course loads.
  5. Students who are approved for a reduced course load will be required to sign the Reduced Course Load Approval Form (see Appendix S-10), which includes a statement acknowledging that he or she has reviewed the consequences that go with reduced load status and accepts them.
  6. When a reduced course load status is granted by the Disability Resources & Services professional, a copy of the Reduced Course Load Approval Form will be sent to the appropriate individuals.

AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation approval process on August 18, 2008
AMENDED through the Administrative Regulation approval process on November 16, 2007
ADOPTED through the Administrative Regulation approval process on April 26, 2006

2.8.3
Technology Accessibility

The Maricopa Community College District is committed to ensuring equal access to information, programs, services and activities through its technologies, Web pages, and resources both in the academic and work environments. This regulation establishes that Electronic and Information Technology (EIT) that are used to conduct the business of the Maricopa Community Colleges shall adhere to established accessibility standards and guidelines.

ADOPTED by Direct Chancellor Approval, April 1, 2015

2.9 Veterans Services

The Maricopa Community Colleges' veterans' services offices act as liaisons with the Department of Veterans Affairs and the state approving agency. Each program must be approved by the state approving agency. Students may be eligible to receive educational benefits if they are registered in courses that apply to the student's approved programs. Application forms, counseling, advisement, tutoring, and priority enrollment are available for students who are eligible for veteran's educational benefits. Students applying for veteran's educational benefits should allow eight to ten weeks before receiving benefits. The amount of benefits awarded is determined by the Department of Veterans Affairs, and is based on the number of credit hours or clock hours for which a student is enrolled and the length of the enrollment period for each course.

Prior to enrolling, eligible service members receiving tuition assistance must speak with an Education Services Officer (ESO) or counselor within their military service branch/ organization.

Veteran's benefits available:

  • Chapter 30 - Montgomery GI Bill®
  • Chapter 31 - Vocational Rehabilitation (separately served through the local VA office)
  • Chapter 32 - VEAP Program
  • Chapter 33 - Post 9/11 GI Bill® & Transfer of Eligibility to Dependents (TOE)
  • Chapter 35 - Survivors and dependents of deceased/100% disabled veterans
  • Chapter 1606 - Montgomery GI Bill®, Selected Reserve
  • Chapter 1607 - REAP Reserve Educational Assistance Program

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

It is the student's responsibility to notify the office that serves veterans at their campus regarding any change in enrollment, address, program of study, enrollment at another institution, or any other change that may impact their veteran's educational benefits.

Those students receiving benefits must follow the VA academic progress policy to continue to receive benefits.

 

Academic Progress Policy for Students Receiving Veteran's Educational Benefits

Department of Veterans Affairs regulations require that all persons using any type of veteran educational assistance program make satisfactory academic progress toward achievement of their educational objective (program of study). A student who does not meet the minimum standards of 2.0 upon completion of 12 or more credit hours will be placed on probation, at which point the student will have no more than two semesters in which to improve academic standing to acceptable. At this point, if satisfactory academic progress has not been demonstrated, veteran educational benefits will be terminated. Benefits may be resumed when the student raises the cumulative grade point average to the required minimum standards or demonstrates the ability to meet these standards through the approval of a written appeal. For appeal procedures, contact the office that serves veterans at your campus.

For additional details and information regarding veteran's educational benefits, contact the office that serves veterans at your campus.

Distance Learning:

The course content and competencies for distance learning classes are the same as courses offered in-person or in a hybrid format.  The courses offered in this format lead to completion of MCCCD degrees and/or certificates of completion.
Colleges use Learning Management Systems (LMS) like Canvas and RioLearn for online offerings.  These portals are used for both hybrid and online classes.  Students must use their Maricopa Enterprise ID and password to access the portal.  The link to the portal is provided on the college home page and on my.maricopa.edu, the district’s website for student access to Maricopa tools.  Maricopa-assigned student email addresses are used for communicating with students within the tools.  Students are also able to communicate with the instructor through the LMS, via Maricopa e-mail or by phone.
 

Externship Programs:

The Maricopa Community College’s official district course descriptions for credited experiential learning opportunities (Internships, Externships, Practicums, and Clinicals) state the amount of hours required in order for a student to receive college credit.  The descriptions also indicates if a maximum amount of credit is allowable for any given experiential learning opportunity.  Each course that includes an experiential learning opportunity is assigned a Maricopa instructor of record who is responsible for ensuring that the student completes the required hours and assignments in order to receive credit.  Additionally, the instructor works extensively with a site supervisor to ensure that the student is making satisfactory progress and meeting the time requirements. the experiential credit process for the student includes the specific course details and learning outcomes, how hours will be tracked, and what is required for grading and course completion.  The instructor submits the final grade for the experience.  Maricopa's experiential learning process is in compliance with CFR 38 21.4265

 A complete list of internship courses, along with course objectives, can be found on the Maricopa Community College’s District – Center for Curriculum and Transfer Articulation website, located at: https://asa.maricopa.edu/departments/center-for-curriculum-transfer-articulation.

Prior Credit Evaluation:

Department of Veterans Affairs requires that all persons using any type of Veteran’s educational assistance must have all prior education and training evaluated.  Students will be required to request transcripts from all prior institutions, including military training.  Without all prior institutions and military training, veteran educational assistance may not be certified.  Transcripts will be evaluated and credit will be granted, as appropriate.

AMENDED through Direct Approval by the Chancellor, March 6, 2019
AMENDED through Direct Approval by the Chancellor, September 17, 2018
AMENDED through Direct Approval by the Chancellor, April 17, 2018
AMENDED through the Administrative Regulation Process, May 16, 2016
AMENDED through the Administrative Regulation Process, April 23, 2015
AMENDED through the Administrative Regulation Process, March 13, 2012

2.10 Parking and Traffic Regulations

Traffic Control

The College Safety Department at each district/college facility shall be responsible for the safe and orderly movement of traffic, including pedestrian, bicycle and motorized and non-motorized vehicular.

  1. Introduction
    ​The operation and parking of a motorized or non-motorized vehicle on campus is a privilege granted by the District Governing Board and is revocable at any time. The Maricopa County Community College District assumes no responsibility for damage to any vehicle and/or for any loss to any vehicle while it is being operated or parked on college property.
    1. College Regulatory: The State of Arizona provides the Governing Board, the authority to adopt rules and regulations for the control of motorized or non-motorized vehicles on college property.
    2. Authority of Enforcement: The enforcement of all rules and regulations governing the operation of motorized or non-motorized vehicles shall be carried out by the College Safety Department under the direction of the Director of College Safety.
    3. On special occasions and in emergencies, parking limitations and restrictions may be imposed or removed as required. The College Safety Department reserves the right to impose any changes as warranted by a particular situation.
    4. Lack of familiarity with these rules and regulations does not constitute a defense for failure to comply. It is the responsibility of the operator and/or that person responsible for the vehicle to operate the vehicle safely in full compliance with these regulations. For college locations that require a parking permit, it shall be presumed that a permit holder has a complete understanding of these regulations.                                                                       
  2. Vehicle Registration
    A college employee or student who operates or parks a motorized vehicle on college property may be required to register the vehicle and secure and display on the vehicle a current college parking permit for a designated parking area. A college president may choose to issue parking permits to only certain classifications of drivers utilizing the campus.

    An out-of-state/out-of-county student or college employee who operates or parks a motor vehicle on college property must sign an affidavit at the time of registration specifying that the vehicle complies with ARS 49-542 relating to vehicle emission testing. Vehicles that do not comply with ARS 49-542 will not be granted a permit.

    The college may issue color-coded parking permits on the basis of classifications of the registrant. The color of the parking permit indicates the area in which the vehicle may be parked. The permit does not ensure the availability of a parking space, but grants the privilege of parking in a specified area when space is available. A college president may choose not to designate separate parking for employees and students. Students attending a college with unrestricted parking shall be so notified upon receipt of the parking permit.

    The college reserves the right to deny the issuance of a vehicle parking permit to any person who owes money to the college/district until the indebtedness is paid in full. Such person shall be denied the privilege of operating and parking his motor vehicle on college property. The action, however, does not relieve any person of any sanctions contained in this publication.

  3. Parking Regulations

    1. Parking may be restricted to vehicles displaying the appropriate permit, seven (7) days a week, twenty-four (24) hours per day.
    2. An area posted with short-term parking limits from ten to forty-five minutes may be used for the purpose of conducting short-term business in the facility it primarily services.
    3. Parking a vehicle in a designated parking space that displays a disabled parking sign, a painted disabled insignia or both, without a current disabled parking permit issued by the State of Arizona is prohibited. These areas are reserved twenty-four (24) hours daily.
    4. Red curbs are no-parking zones. Parking in Red zones, entrances to buildings, driveways, in front of garbage dumpsters, barricades, fire lanes and fire hydrants is prohibited.
    5. Driving into and parking in any area not designated for use or closed by the use of barricades, chains, or other vehicle control devices is prohibited.
    6. Parking a vehicle on or blocking pedestrian paths, sidewalks, crosswalks, striped safety zones, and on bicycle paths is prohibited.
    7. Parking a vehicle in such a manner as to impede or obstruct properly parked/moving vehicles is prohibited.
    8. Parking a bicycle or motorized cycle in areas other than those designated for such parking is prohibited.
    9. Where parking stall lines are marked, operators must park their vehicles within the stall lines. Parking outside such stall lines is prohibited. In diagonal spaces, vehicles must be parked facing the center line. No pulling through or backing into spaces is permitted.
    10. Temporary absence of a sign at the entrance of a parking area does not signal the removal of restrictions or reservations upon the area. If reservation hours are altered or restrictions are changed, notices will be posted and the change will be effective immediately.                                             
  4. Permits
    1. Multiple Vehicles: Employees or students who use more than one vehicle must obtain a permit for each vehicle, if permits are issued for the college/location that they are attending.
    2. Service Vehicles: College service vehicles are defined as those owned or recognized by the college and properly designated.
      1. Service vehicles are restricted to those parking stalls designated by signs. In an extenuating service situation or unavailability of a service parking area, service vehicles may park in any non-reserved parking stall or outside such space as not to obstruct pedestrian walkways or vehicular movement or cause unnecessary damage or destruction of college property (sidewalks, vegetation, etc.). Vendors that park in areas not designated for general parking are responsible for contacting college safety for prior written or verbal approval.
      2. It is prohibited for any college service vehicle to park in or block any disabled access or parking space at any time unless it is on a bona-fide emergency basis.                                                                                                                                                                                   
  5. Visitors
    Visitors must park their vehicles in a designated visitor parking area if such parking area is available. Vehicles that bear a valid college permit may not park in visitor parking areas. Employees attending other colleges or the district office for business purposes are not considered to be visitors.

    Visitors parking in authorized areas or in an unauthorized manner will be warned or cited regarding their violation. Continued violation may result in the vehicle being towed and impounded and a fee charged for the cost of impoundment and storage.

  6. Permit Display
    ​College parking permits, if issued, must be affixed to vehicles in the following manner:
    1. Regular Permits:
      1. On autos/trucks, all permanently affixed permits shall be placed on either the lower left front windshield (driver's side) or lower left back windshield (driver's side). On motorized cycles, the permit shall be affixed where it can be seen without difficulty on the front fender.
    2. Temporary Permits:
      1. Temporary permits shall be placed on the dashboard so they may be easily viewed from the outside.                                                                 
  7. Removal/Replacement/Exchange Permits
    1. A parking permit, if issued, must be replaced if the original becomes mutilated or obliterated.
    2. A parking permit is not transferable to another vehicle or another person.
    3. Parking permits must be removed from a motor vehicle under the following conditions:
      1. Change of ownership.
      2. Termination of association of the owner and college.
      3. Termination of the period for which permit is issued.
      4. Receipt of a parking permit superseding a prior one.
      5. Change of vehicle requiring a permit replacement.                                                                                                                                               
  8. Traffic Regulations
    1. Except for college service vehicles, driving motor vehicles, motorized cycles, and bicycles on pedestrian paths and sidewalks is prohibited.
    2. The maximum speed limit in all college parking lots is 15 mph.
    3. All accidents involving vehicles that occur on college property must be reported to the College Safety Department office.
    4. All state laws governing the movement and operation of motor vehicles are adopted by the Governing Board for control of vehicles on college property.                                                                                                                                                                                                                                        
  9. Bicycle Regulations
    1. Bicycle parking is restricted to the racks provided.
    2. A bicycle parked on a sidewalk or at an entrance to or in a building, or secured to a tree, light pole, sign post, or any other unauthorized area shall be subject to impoundment.
    3. Bicycles must comply with Arizona traffic laws and campus traffic regulations. Every bicycle used from dusk to dawn must be equipped with a white headlight and a rear reflector (ARS §28-817).​The college maintains the right to cut locks, chains, and/or cables for the purpose of impounding any bicycle parked or stored in violation of these regulations at the owner's expense.                                                                                              
  10. Other Non-Pedestrian Device Regulations
    Each college reserves the right to limit or prohibit the use of skateboards, skates, rollerblades, horses or other transportation devices.                                                           
  11. Sanctions
    Parking Fines (Parking fines are adopted as part of the Tuition and Fee Schedule and are incorporated here by reference. Fee amounts are subject to change upon adoption of the schedule for the new fiscal year.)                                                                                                                                                                                
    Role  
    Displaying an altered or substituted permit. $50.00
    Falsifying information on registration application. $50.00
    Parking in Fire Lane. $50.00
    Violating disabled parking stall or access. $50.00
    Failure to register a vehicle and display a parking permit. $30.00
    Parking in an unauthorized parking area $25.00
    Removing barricade or failure to obey vehicle control device $25.00
    Obstructing a properly parked/moving vehicle $15.00
    Parking beyond posted time limit $15.00
    Parking by a college employee or student in a visitor area $15.00
    Parking on or blocking a pedestrian path $15.00
    Parking outside stall lines. $15.00
    Pulling through or backing into an angled parking space $15.00
    Expired parking permit $15.00
    Improper display of permit (i.e., not affixed to window) $15.00
    All fines are doubled if not paid within 15 working days.
     
    1. Additional Sanctions: Employees and students violating traffic regulations are also subject to institutional discipline, vehicle towing and impoundment, withdrawal or suspension of parking privileges, encumbrances of records, or both, and oral or written reprimand. All fines are doubled if not paid within fifteen (15) working days
    2. Habitual or Aggravated Violations: Habitual or flagrant disregard of vehicle control regulations by students is grounds for suspension or expulsion from the institution. Habitual or flagrant continued disregard of parking regulations by a college employee may affect the individual's salary and continuation of employment (ARS §15-1449C). If a person fails to respond to a notice of violation of a parking and traffic regulation, a report may be sent to the appropriate Dean or Director for action. A report may also be sent to the Arizona department of revenue debt setoff program and the student or employee's Arizona tax refund may be garnished.                                                                                                                                                         
  12. Procedures for Hearings and Appeals
    ​When a notice of violation of the parking and traffic regulations is issued, the recipient shall either pay the penalty directly to the cashier's office, or file a written appeal with the college safety department.
    1. Payment: All monetary penalties shall be paid to the cashier in the college business office. Payment may be made by mail or in person. Mailing instructions and penalties are listed on the citation. No violation will be considered cleared until the correct amount has been paid. If a violator loses the copy of the citation, information concerning the citation must be obtained from the College Safety Department office.
    2. Unpaid Citations: A citation unpaid after fifteen (15) working days following the day the notice was issued shall be considered delinquent and doubled, unless a written appeal has been made to the college safety department office within this time period.

      The Maricopa County Community College District utilizes a registration hold system to enforce academic and fiscal responsibilities. A hold prevents a student with unpaid citations from registering for classes and from receiving copies of transcripts and records. This hold is released only upon payment of delinquent citations at the college business office. Delinquent citations held by a college employee may affect salary and continued employment (ARS §15-1449C). If a person fails to respond to a notice of violation of a parking and traffic regulation, a report may be sent to the appropriate Dean or Director for action.

      All citations issued to a vehicle will be charged against the student, employee, or the registered owner of the vehicle.

    3. Appeal: A person who receives a college parking or traffic violation notice may appeal the citation in the following manner:

      A party wishing to appeal a citation must do so within 15 working days from the date of the citation, or the citation fine will be doubled and all rights of appeal will be lost.

      Step 1: if the party wishes to appeal, the citation or a copy of the citation must be attached to the completed written appeal form. The parking and traffic appeals officer will review all appeals. Appeal forms are available at the college safety department. If the citation is appealed and the citation is upheld, payment must be received within twenty one (21) working days of the appeals letter notification date or doubling of the citation amount will occur.

      Step 2: if the party receives an unfavorable decision from the parking and traffic appeals officer and wishes to appeal further to the college appeals board, the written appeal, the appeals officer's decision, a paid receipt equal to the amount of the penalty, and all enclosures must be returned to the college safety department

      Step 3: appeals board. The above enclosures will be held for the next appeals board. The appeals board is composed of representatives of faculty, staff and students. The parking and traffic appeals officer will schedule a hearing with notice to the party to appear and be heard if he/she so chooses. At the hearing, the board may either approve, reverse or modify the decision of the parking and traffic appeals officer. If the party fails to appear for the hearing, the original decision will stand. A refund of the payment in accordance with the decision will be processed for the party by the college business office

    4. Judicial Review: Any person who has received an unfavorable administrative ruling from the appeals board has the right to have the ruling reviewed by the Maricopa County Superior Court in accordance with the provisions of Title 12, Chapter 7, Article 6 of the Arizona Revised Statutes.

      The Maricopa County Community College District reserves the right to amend the regulations at any time to promote and ensure fair and safe usage of the property and facilities under the control and jurisdiction of the college.

      Notices of change (s) will be published in the local campus media and effective immediately.

AMENDED September 23, 2008, Motion No. 9510
ADOPTED by the MCCCD Governing Board, March 23, 2004

Section 3, Instruction

3.1 Field Studies

Purpose

Field studies are educational activities that have been developed to provide participating students and teachers opportunities to learn and teach through visits to other areas of the state, the United States and/or foreign countries.

Field studies consist of separately identified credit-bearing courses recommended by the District and are offered as valid educational experiences with a definite educational goal rather than as "guided tours." Well planned and organized field studies courses will provide the students the unique opportunities to learn the skills and knowledge of a discipline while familiarizing themselves with the setting in which the event(s) or circumstances have occurred.

 


Definition of Field Studies

  1. Individual credit-bearing courses in which the course material is covered while on the planned trip, except for limited pre- and post- meetings held at the college.
  2. Conducted apart from the college in another part of the state, United States, and/or in a foreign country.
  3. Intended to be self-supporting financially: students will be assessed costs for transportation, lodging, food, related other expenses and may be required to pay an additional field studies fee to defray instructor or other expenses. Expenses may be substantial for some field studies courses.
  4. Courses that are distinct from field trips and are separate and apart from travel opportunities organized by interested parties that do not generate course credit hours after the completion of the trip.

 


Approval Authority

The Vice Chancellor for Academic Affairs and Student Development is responsible for approving a field studies course prior to the course being offered. Student travel outside of the United States must also be approved by the Vice Chancellor for Academic Affairs and Student Development. Any expenditure of district resources must be consistent with college/district fiscal office approval, within the adopted budget, consistent with any applicable administrative regulations and standard business/procurement procedures.

 


Business /Travel Processes

  1. Requirements in the purchasing procedures manual are applicable to field studies programs after approval by the Vice Chancellor for Academic Affairs and Student Development. To allow for sufficient time for participant sign-up and to meet deposit deadlines, programs that require a formal bid process (based on estimated dollar value) require a 6-12 month lead time to complete the purchasing process.
  2. Students shall pay all field studies course fees prior to departure through the college cashier's office. Students are responsible for any medical expenses incurred resulting from the field studies course. Students must sign an assumption of risk and release of liability form prior to departure of the field studies program.
  3. The Maricopa Community College District will refund all deposits as specified in the refund policy in the literature announcing the course.
  4. Vice Chancellor approval should be secured prior to being submitted to purchasing.
  5. Any district equipment (e.g., computing equipment, lab equipment, office equipment, cameras, musical instruments, audio/visual equipment, etc.) to be used for field study purposes must be authorized and documented consistent with administrative regulations related to check-out or loan of equipment.

Approval Authority:

AMENDED through the approval process for Administrative Regulations, July 12, 2001

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, October 9, 1979, Motion No. 4349

Business /Travel Processes:

AMENDED through the approval process for Administrative Regulations, July 12, 2001

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, October 9, 1979, Motion No. 4349

3.2 Copyright Regulations

  1. It is the intent of the Governing Board of the Maricopa County Community College District to adhere to the provisions of the U.S. Copyright Law (Title 17, United States Code Section 101 et seq.). Though there continues to be controversy regarding interpretation of the Copyright Law, this policy represents a sincere effort by the Board to operate legally within the District.
  2. The Governing Board directs the Chancellor or his designee(s) to develop and distribute to employees guidelines that (1) clearly discourage violation of the Copyright Law and (2) inform employees of their rights and responsibilities under the Copyright Law.
  3. Each college president or provost and the Chancellor shall name an individual(s) at each district location who will assume the responsibilities of distributing copyright guidelines, act as a resource person regarding copyright matter and provide training programs on current copyright laws.
  4. Employees are prohibited from copying materials not specifically allowed by the (1) copyright Law, (2) fair use guidelines, (3) Licenses or contractual agreements, or (4) other permission.
  5. The Governing Board disapproves of unauthorized duplication in any form. Employees who willfully disregard this Board policy and/or the aforementioned copyright guidelines do so at their own risk and assume all liability for their actions.
  6. In order to assist employees and students in complying with the Copyright Law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.

AMENDED through the Administrative Regulation approval process, August 18, 2008

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, December 12, 1989, Motion No. 7144

3.3 Academic Advising

  1. Mission 
    The primary purpose of academic advising is to assist students in their pursuit of meaningful educational programs that will help them in fulfilling their life goals, including career considerations.

     

    Furthermore, advising assists the institution in program and policy development or modification by providing information gained from the relationship between advisors and students.

  2. Program 
    Services to individual students should include providing accurate information; assisting students in realizing academic capabilities and in developing an educational plan consistent with their life goals and objectives; and when appropriate, making referrals to other institutional or community support services.

    Services to the college should include providing information to the institution, college and/or academic department about students, their educational needs, successes, aspirations, and problems in order to strengthen programs and services. Academic advisors will also be an information resource to college faculty and staff regarding programs, policies and procedures.

    Each institution will identify delivery methods appropriate to its individual needs.

  3. Organization and Administration
    Each institution will select, define and administer an academic advisement program/model.

    The academic advising system will be fully integrated into other processes of the institution.

  4. Human Resources
    Each institution will provide adequate leadership and qualified staff to attain the purposes and goals of its academic advising program.
     
  5. Funding 
    The budget request will address staffing and other costs to ensure that quality advisement services are available to all students. A good faith effort will be made to fund those activities at a reasonable level.
     
  6. Facilities 
    Adequate facilities will be conveniently located, and geographically and/or technologically accessible to students, faculty and staff. The environment must be conducive to the psychological and physical comfort of both the student and the staff.
     
  7. Ethics 
    All persons involved in providing advising services must be aware of and comply with the provisions contained in the District Code of Ethics and other Board policies.
     
  8. Facilities 
    Adequate facilities will be conveniently located, and geographically and/or technologically accessible to students, faculty and staff. The environment must be conducive to the psychological and physical comfort of both the student and the staff.
     
  9. Training 
    Initial training for all employees who are delivering academic advising services should be uniform and coordinated on a district-wide basis. The training should include components on requisite advising information, interpersonal aspects of advising, and purpose and intent of advising. Ongoing campus-based updates will be available to advising staff.
     
  10. Evaluation 
    A systematic program review and evaluation of the academic advising program will be developed and implemented every three years, with periodic reports to the Governing Board. Results of these regular evaluations must be used in revising and improving the program goals and their implementation.

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, September 24, 1991, Motion No. 7655

3.4 Taping of Faculty Lectures

MCCCD acknowledges that faculty members are, by law, afforded copyright protection in their classroom lectures and, therefore, may limit the circumstances under which students may tape (audio/visual) their classes.

Each faculty member shall inform his/her students within the first week of classes to his/her policy with regard to taping. Failure to do so will accord students the right to tape lectures.

Students with disabilities that render them unable to take adequate lecture notes are entitled to reasonable accommodation to remedy this inability. Accommodation may require a faculty member to exempt a student from his/her taping policy.

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, March 26, 1991, Motion No. 7530

3.5 Course Substitution for Students with Documented Disabilities

The Governing Board recognizes the need to accommodate students with documented disabilities to the greatest degree possible without compromising the disabled student's course of study or the integrity of any student's degree. The Governing Board authorizes the concept of course substitutions as a means of accommodation under limited circumstances and directs the establishment of an ADA Academic Council to be named by the Chancellor or his/her designee for the purpose of considering course substitutions for students with documented disabilities. Further, the Board directs the Chancellor or his/her designee to develop procedures that address the circumstances under which a disabled student may request a course substitution and the process for requesting same.

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, December 13, 1994, Motion No. 8338

3.6 Distribution of Course Syllabus

The MCCCD strives to create a productive learning environment for all students. Students will be advised of course content and instructor expectations through a course syllabus. The course syllabus serves as an agreement between the instructor and student.

The instructor must present a course syllabus to students during the first week of a class (before the end of drop/add). A copy of the course syllabus must be submitted to the division/department office at the college no later than the end of the first week of class.

The following items must be included or referenced in the course syllabus:

  • College name, Campus or Site
  • Instructor’s name and contact information for student support
  • Course information
    • Title, prefix, course number and section number(s)

    • Academic term and year, e.g., Fall 2016

    • MCCCD Course Description and/or Overview

    • Course format, e.g. Online, Hybrid, Face-to-Face

    • Credit Hours

    • Instructional Contact Hours and Minimum 

      Expectations for number of hours spent out-of-class

      to complete coursework (See Federal Credit

      Hour Definition

  • MCCCD Course Competencies
  • Grading standards and practices
  • Attendance requirements
  • List of required and recommended texts, materials and technologies.
  • Statement of student responsibility for the information in the syllabus.
  • Statement of student responsibility for the college policies included in the college catalog and the student handbook
  • Information about the availability of services for students that require special accommodations.
  • Statements, as applicable, to inform students of the use of third-party learning tools, course-level integrations (LTIS) in the Learning Management System (E.g. Publisher Tools), social networks, combined (cross-listed) sections, proctored/monitored exams and plagiarism detection.
  • Statement indicating that information included in the syllabus may be subject to change such as: “Students will be notified by the instructor of any changes in course requirements or policies.”
  • Statement or link regarding services for students with disabilities, unless instructor has placed the statement as an announcement in the classroom with the subject header classroom accommodations for students with disabilities, or the statement is placed on another piece of mandatory course material. Statement may be found here: Mandatory DRS and TITLE IX Syllabus Statements
  • Statement or link regarding Title IX /sexual assault, sexual harassment, dating/domestic violence, stalking, unless instructor has placed the statement as an announcement in the classroom with the subject header addressing incidents of sexual harassment/assault, dating/domestic violence, and stalking, or the statement is placed on another piece of mandatory course material. Statement may be found here: Mandatory DRS and Title IX Syllabus Statements

An instructor may choose to include additional information, such as expectations for academic work, required format, due dates, penalties for late/missed work, extra credit, etc., as necessary.

AMENDED through the Administrative Regulation approval process, June 4, 2019
AMENDED through Direct Approval by the Chancellor, January 4, 2017
ADOPTED through the Administrative Regulation approval process, December 8, 2006

3.7 Enrollment Irregularities

Scope of Coverage

This regulation covers all MCCCD colleges, centers, and offices. Enrollment irregularities are enrollment practices that might reflect falsified enrollment or might reflect nepotism. Examples might include residential or adjunct faculty members enrolling in courses they instruct; employees enrolling in multiple courses taught at the same time that are not open-entry/open-exit courses; enrollment in multiple courses taught that overlap in time and that are not open-entry/open-exit courses; employees enrolling in a course taught by a relative; employees enrolling in a course for the sole purpose of making it “go” (i.e., not be canceled).

General Standards

  1. As a steward of public funds, the District must protect against falsified enrollments or questionable enrollments by its employees.
  2. Notwithstanding exceptions granted as permitted in this regulation, enrollments that are not permitted by employees include the following: enrollment in a course taught by oneself; enrollment in multiple courses taught at the same time that are not open-entry/open-exit courses; enrollment in multiple courses taught that overlap in time and that are not open-entry/open-exit courses; enrollment in a course taught by a relative; enrollment and subsequent withdrawal for the sole purpose of making a class “go” (i.e., not be canceled); faculty who knowingly teach a relative, whether that person is a District employee or not.
  3. When employees are enrolling in a credit or Skill Center course taught at the Maricopa Community Colleges and paying with a Maricopa Community Colleges tuition waiver, employees must submit declarations to the Vice Presidents of Academic Affairs and Student Affairs. The employee declarations shall be submitted in advance of the start of the course. Approval to take the course shall be subject to approval of the Vice Presidents for Academic Affairs and Student Affairs, after consultation with the respective President of the college.
  4. The Vice Chancellor for Academic Affairs shall be responsible for establishing processes as appropriate to allow for appeals. The appeal process shall be carried out within a week of the reported enrollment irregularity. In addition, information on any denials to take a course shall be forwarded to the Vice Chancellor for Academic Affairs for the establishment of any other processes as appropriate to review denial decisions.
  5. All instructors of credit or Skill Center courses shall submit declarations each semester identifying any potential enrollment irregularities. The instructor declarations must be submitted no later than five days after the start of the class (or the first class, if a late start). Review of potential irregularities shall be conducted by the Vice Presidents for Academic Affairs and Student Affairs, after consultation with the respective President of the college.
  6. Information on the college’s review of potential enrollment irregularities shall be forwarded to the Vice Chancellor for Academic Affairs who shall be responsible for reviewing the college decisions to ensure consistent application of this regulation.
  7. Standardized written procedures to check that questionable enrollments are not occurring will be developed and adhered to. These procedures shall be submitted to the Chancellor. Procedures shall include reviews by each college each semester of employee and dependent tuition waivers in order to determine that employees and their dependents have not enrolled in courses taught by departmental members.
  8. Each college President shall annually submit to the Chancellor a report that documents its written procedures and compliance with the terms of this regulation. The Chancellor shall annually share these reports with the Governing Board. Each college president shall be required to correct weaknesses in their practices within a timeframe set by the Chancellor.
  9. Violation of this regulation could lead to disciplinary action, including termination.
  10. Notwithstanding section 2 of this regulation, the Chancellor or his/her designee may allow a student to enroll in a class taught by a relative of the student only upon a showing by the student that the enrollment is necessary to avoid an extreme hardship, and upon a showing by the college President or designee that the academic integrity of the student's enrollment in the class will nevertheless be maintained.
  11. Definitions
    1. “Relative” includes a parent, step-parent, parent-in-law, brother, stepbrother, sister, stepsister, spouse, son, stepson, daughter, stepdaughter, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, great-grandparent, grandchild, great-grandchild, aunt, uncle, cousin, niece and nephew of the employee or the employee’s spouse. A “relative” also includes a domestic partner of an employee, and a relative (as that term is defined herein) of such domestic partner.
    2. “Employee” means a person employed by the Maricopa County Community College District, and includes, but is not limited to, any Governing Board-Approved employee, Skill Center employee, specially funded employee, one-year-only employee, one-semester-only, student employee, and person employed under a Special Services Employment.

AMENDED by the Governing Board on January 22, 2008, Motion No. 9435
ADOPTED by the Governing Board, February 27, 2007, Motion No. 9408

3.8 MCCCD Institutional Review Board (IRB)

Purpose

The Maricopa County Community College District (MCCCD) strives to be a proactive higher education institution that encourages faculty and staff to engage in research and grant projects that are integral to carrying out the mission of student learning and quality instruction. MCCCD takes seriously the responsibility to safeguard those individuals (students, employees or community) who may be the participants in research projects. MCCCD must also comply with changing federal guidelines for human subjects research, as the district receives considerable funding for programs and projects through federal grant monies. To this end, an MCCCD Institutional Review Board (IRB) administrative regulation will help MCCCD to identify, assess and manage any potential risks associated with conducting research with human subject participants.

Roles and Responsibilities

The Executive Vice Chancellor and Provost of Academic and Student Affairs is the responsible agent for oversight of the MCCCD IRB process, and shall establish the appropriate training requirements and procedures to comply with federal regulations. These procedures will be designed to: avert potential harm to students or employees if they are asked to participate in human subjects research; ensure that human subjects research conducted in the district (colleges, district office, skills centers, district) is in compliance with federal regulations; minimize risk to the reputation of those conducting the research/grant project and to that of the district; and, minimize risk for litigation against faculty, staff and district.

The MCCCD IRB will ensure that human subjects research activities conducted under the oversight of the organization will be conducted in accordance with applicable federal law and regulations that include but are not limited to Federal Regulations (45CFR46, 160 and 164, and 21CFR56), applicable Arizona state statutes and regulations, the principles of The Belmont Report, and MCCCD policy and regulations.

The MCCCD IRB will have the authority to:

  1. approve or disapprove all human subjects research conducted by individuals within the organization;
  2. suspend or terminate research not conducted in accordance with the regulations, statutes and principles or IRB requirements or that has been associated with unexpected, serious harm to subjects.

Research that has been approved by the MCCCD IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if the MCCCD IRB has disapproved it, per federal regulations (45CFR46.112 and 21CFR56.112).

Review Board Composition

The Vice President of Academic Affairs (VPAA) at each college shall identify the chair and co chair of the college research review committee as well as the other committee members. Most colleges will have faculty member and a research director serve as chair/co-chair (a model suggested by the VPAA Council) to provide complementary experience and perspective. It has been recommended that the college committee consist of several people, including instructional, research and administration/staff that have experience and training in conducting research.

The college committee chair will serve as the college rep to the MCCCD IRB. The co-chair will serve as alternate on the IRB in the absence of the college chair.

The Executive Vice Chancellor and Provost for Academic and Student Affairs (and staff) will review the recommendations for college chairs to ensure that the MCCCD IRB meet the federal guidelines for IRB composition (e.g., mix of gender, ethnicity, discipline). The IRB also requires an external member.

Annual Review

Each year the IRB will provide a report to the CEC and Governing Board that includes a review of the progress and outcomes of the MCCCD IRB and recommendations to improve the process.

AMENDED through the Administrative Regulation approval process, August 18, 2008
ADOPTED through the Administrative Regulation approval process, June 19, 2007

3.9 Domesticated Animals on Campus

1. General Prohibition

  1. Animals, including but not limited to pets, are prohibited on campus with the exception of:
    1. Service animals as defined by the Americans with Disabilities Act (ADA);
    2. Service animals-in-training that are part of a certified or accredited program recognized within the service animal industry to train animals in compliance with the Americans with Disabilities Act (ADA). Animals-in-training must be clearly identified (i.e., wearing a vest) and trainers should notify the college’s administration in advance (via the Dean of Students) of the presence of a service animal in training. During work and classroom hours, no more than one service-animal-in-training is permitted on site per employee or student.
    3. Animals for instructional purposes as approved by the appropriate district or college authority; and
    4. Working dogs used by a law enforcement agency for law enforcement purposes.

2. Service Animals

  1. The ADA defines service animals as those that are individually trained to provide work or perform tasks for an individual with a disability. If animals meet this definition, they are considered service animals under the ADA, regardless of whether they have been licensed or certified by a state or local government. Only dogs and miniature horses are recognized as service animals.
  2. Service animals and service-animals-in-training shall be leashed and remain under the owner’s or caretaker’s control at all times, unless leashing prohibits the animal’s service function.
  3. Dogs that are used as service animals and service-animal in training shall maintain current dog licenses and rabies vaccinations, as specified in Maricopa County Ordinance. (Maricopa County Ordinance No. 13 Rabies/Animal Control).
  4. Exclusion of service animals: MCCCD is not required to modify policies, practices, or procedures if such modification would “fundamentally alter” the nature of the goods, services, programs, or activities, provided at the District; The ADA/504 does not overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. Additionally, if a particular service animal is out of control (and the handler does not take effective action to control it) or not housebroken, that animal may be excluded.

 

3. Service Animals on Campus—Owner’s Responsibilities

  1. Owner is responsible to attend to and be in full control of the service animal at all times. A service animal shall have a harness, leash, or other tether unless a) the owner is unable to use a harness, leash or tether, or b) using a harness, leash, or tether will interfere with the animal’s ability to safely and effectively perform its duties.
  2. Owner is responsible for the costs of care necessary for a service animal’s well-being. The arrangements and responsibilities with the care of a service animal is the sole responsibility of the owner at all times, including regular bathing and grooming, as needed.
  3. Owner is responsible for independently removing or arranging for the removal of the service animal’s waste. 
  4. Owner is responsible for complying with local and state licensing laws for animal rights and owner responsibilities.
  5. Owner is responsible for paying for any damage to College property caused by the animal.
  6. Owner may register the service animal with the Voluntary Registry at the College Disability Resources Services (DRS) Office. This registry is voluntary.

4. Service Animals on Campus—MCCCD Responsibilities

  1. MCCCD may prohibit the use of service animals in certain locations due to health and safety restrictions or places where the animal might be in danger.  Restricted areas may include, but are not limited to, food preparation areas, research or instructional laboratories, boiler rooms, and other areas prohibited by law.
  2. MCCCD must allow service animals to accompany their owners at all times and everywhere on campus where the general public (if accompanying a visitor) or other students (if accompanying a student) are allowed, except for places where there is a health, environmental, or safety hazard. 
  3. Contact Disability Resource Services (DRS) if any questions or concerns arise relating to service animals.
  4. MCCCD employees, when appropriate, will only ask two questions about service animals, and may ask these questions only if the services or tasks performed are not visible.
    1. Is the service animal required because of a disability?
    2. What work or task is the animal trained to perform?
  5. MCCCD employees and staff will not pet or feed a service animal or attempt to separate the animal from the owner.
  6. MCCCD employees will contact DRS if faculty/staff have any additional questions regarding visitors to campus who have service animals.
  7. MCCCD employees will report any service animals who misbehave or any owners (or other individuals) who mistreat their service animals to the College or the Maricopa County Community Colleges Police Department. Behavior qualifying as “misbehavior” will be determined by the individual college, in consultation with District legal.
  8.  

5. Voluntary Service Animal Registry

  1. The voluntary service animal registry is completely voluntary and there can be no mandatory obligation imposed on service animals to register with the college, nor can there be a restriction of access at the College for service animals not registered.
  2. The voluntary service animal registry shall be maintained at the College’s DRS office (for students) and HR (for employees) office and shall contain the name of the owner, the name of the service animal, a copy of current rabies vaccination/license, and contact information for the owner.
  3. The purpose of the voluntary service animal registry is to serve a public purpose. For example, to ensure that the College Police Department or other College staff know to look for service animals during an emergency or evacuation process.

6. Emotional Support Animals

  1. Emotional support animals are not considered service animals because they are not trained to perform work or tasks specific to a person’s disability.
  2. Emotional support animals are not generally permitted on MCCCD property.

7. Animal Use to Further Instructional Purpose

  1. Animals used specifically to further an instructional purpose as part of a college or District program are permitted at the college and may also be kenneled at that location.
    1. These animals shall be kenneled and handled in such a way that does not pose a danger to any person on campus.
    2. Any injuries resulting from interaction with these animals shall be reported immediately to the College Police Department for documentation. Injuries may also be subject to reporting with Maricopa County Animal Care and Control.

8. Oversight

  1. EEO/AA has oversight and monitoring responsibility for these processes as it pertains to employees—both paid and unpaid.
    1. Employees should work with EEO/AA to resolve any concerns regarding this policy. If attempted resolutions are not successful, employees may contact the Compliance Office for resolution.
  2. The District Compliance Office has oversight and monitoring responsibility for these processes as it pertains to students.

Students should work with their College to resolve any concerns regarding this policy. If attempted resolutions are not successful, employees may contact the Compliance Office for resolution.

 

 

AMENDED through the Administrative Regulation Process, November 5, 2019
ADOPTED through the Administrative Regulation Process, September 23, 2008

Section 4, Auxiliary Services

4.1 Maricopa Emergency Management System (MEMS)

Purpose

Under the authority of the Chancellor of the Maricopa County Community College District (MCCCD), the mission of the Maricopa Emergency Management System (MEMS) team is to develop, implement and maintain a District-wide emergency management program that complies with National Incident Management System (NIMS) guidelines. MEMS scope will include, but is not limited to, emergency operations plans (EOP) and Continuity of Operations Plans (COOP), previously referred to as business continuity plans (BCP).

NIMS provides a systematic, proactive approach to guide all levels of government, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life and property and harm to the environment.

Background

Upon review of the MCCCD’s emergency operations and continuity of operations plans, the Chancellor formally charged a group with the task to identify potential actions to be undertaken to improve MCCCD’s emergency preparedness and continuity of operations plans at all MCCCD sites, as well as to facilitate the implementation of those measures. This program was named Maricopa Emergency Management System (MEMS).

Since MEMS’ creation, the MCCCD has been engaged in a comprehensive and systemic effort to improve processes and protocols for the prevention of, preparedness for, response to and recovery from any emergency or crisis. Prior to this effort, each college and the District Office handled emergency planning independently resulting in vast differences in scope, approach and quality of the plans.

Approach to Emergency Management

The MEMS Team has adopted the “All-hazards” approach to emergency management. An “all-hazards” plan provides the basic framework for responding to a wide variety of emergencies varying in scale, duration and cause. All hazards within a jurisdiction must be considered as part of a thorough risk assessment and prioritized on the basis of impact and likelihood of occurrence. There are similarities in how one reacts to all emergency events and these event-specific actions form the basis for most emergency plans.

Emergency planning will begin with the identification of the emergency events that have occurred on a campus or in the community in the recent past since these are the known and, generally, the most probable hazards.

Responsibilities

The Chancellor shall possess the authority to declare a state of emergency for any site within the MCCCD. The Chancellor shall insure compliance with NIMS guidelines.

The Chancellor and the Chancellor’s Executive Council shall be charged with the overall responsibility to develop, implement, and maintain a written emergency operations plan and a written continuity of operations plan for the District Office departments and colleges, respectively.

Both types of plans will be prepared using templates created by the District Emergency Manager and approved by the MEMS Team. These plans will address all elements and best practices in the disciplines of emergency management and continuity of operations planning.

The District Emergency Manager in collaboration with the MEMS Team will coordinate and provide guidance to each college and District Office department to ensure plans are properly completed and updated annually, are NIMS compliant and incorporate best practices of the discipline. Additionally, the District Emergency Manager and the MEMS Team will support the colleges through annual training and exercises of their plans to include evaluation, dissemination of after action reports and lessons learned from the exercises. Plan gaps identified in training exercises will be corrected in revised plans.

Annual Review for Effectiveness

Each college and the District Office shall submit its updated Emergency Operations Plan and updated Continuity of Operations Plan to the District Emergency Manager by June 30 of every year for review. Each college and the District Office shall also report key performance indicators to the District Emergency Manager by June 30 of every year. These reports should highlight progress to date, what remains to be done, and what additional assistance and/or resources are needed.

The MEMS Team will review and approve each plan submitted and shall subsequently submit an annual report to the Chancellor and the Chancellor’s Executive Council that summarizes the progress towards meeting emergency operations and continuity of operations program goals and objectives for the previous year. The annual report will also articulate the goals and objectives for the coming year. This report shall be submitted by September 1 of each year.

AMENDED through the Administrative Regulation approval process, November 7, 2011
ADOPTED May 7, 2010 per the approved process for Administrative Regulations; regulation replaced the former Emergency Management Planning and Guide
AMENDED through the Administrative Regulation approval process, August 18, 2008
ADOPTED April 9, 2001 per the approved process for Administrative Regulations; regulation replaced the former Civil Defense & Planning Guide

4.2 Employee Safety and Health Program

Per Arizona Revised Statute §23-403, each employer shall furnish to each of its employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees. Each employer shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this article.

ARS §23-404 requires each employee to comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this article which are applicable to its own actions and conduct.

The Maricopa County Community College District (“District”) places a high priority on the safety and health and of its employees, and regards safety and health as a fundamental value of the institution. The District is committed to supporting the safety and health of its employees by instituting and maintaining a program that provides adequate systemic policies, procedures, and practices to protect their employees from, and allow them to recognize, job-related safety and health hazards. To that end:

  1. The Chancellor and each College President shall be charged with the overall responsibility to develop, implement, and maintain a written employee safety and health plan for the district office and the colleges, respectively. This plan, which will be prepared using a template created by the district risk manager, shall include the following elements:
    1. Management Commitment and Employee Involvement
    2. Worksite Analysis
    3. Hazard Prevention and Control
    4. Safety and Health Training
  2. Each college and the District Office shall submit its plan to the District Risk Manager for review and approval by January 1 of every year.
  3. Each college and the District Office shall report key performance indicators to the District Risk Manager by January 1 of every year. These reports should also highlight what the colleges and the District Office are doing, what remains to be done, and what additional assistance and resources are needed.
  4. The District Risk Manager shall submit an annual report to the Chancellor and the Chancellor’s Executive Council that summarizes the colleges’ and the District Offices’ progress towards meeting their safety and health program goals and objectives for the previous year as well as goals and objectives for the coming years. This report shall be submitted by March 1 of each year.

AMENDED per the approved process for Administrative Regulations on June 4, 2009
Language replaces the former Occupational Safety and Health Regulation
ADOPTED April 9, 2001 per the approved process for Administrative Regulations.
Regulation replaced the former Civil Defense & Planning Guide

4.3 Electronic Communications

  1. General Statement

    Electronic communications on behalf of the Maricopa County Community College District (MCCCD) should be used to support education, research, scholarly communication, administration and other MCCCD business. MCCCD provides significant technology resources to Governing Board members, employees and students that, among other things, facilitate electronic communications. Electronic communication is not different from any other form of communication. It is subject to a wide range of applicable federal and state laws and regulations, including public records disclosure/retention requirements and copyright mandates.

    This regulation enumerates standards for electronic communications through which MCCCD business is conducted. It applies whether the electronic communication uses MCCCD technology resources or not. MCCCD Governing Board members and employees have an obligation under the law to conduct MCCCD business through electronic communications in a manner that permits the communication to be captured for public records and retention requirements. Note that, under the interpretation of the law by Arizona State Library, Archives and Public Records–the state agency tasked with establishing standards for record retention–the individual public official or employee is responsible for preserving MCCCD electronic communications in compliance with state standards. See Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records” and Administrative Regulation 4.4 “Technology Resource Standards.”

    MCCCD employees using electronic communications should be considerate of the needs of others, and should not impede another employee’s ability to use the electronic services that MCCCD provides. All electronic communications must at least contain the name and electronic mail address of the employee making the information available. E-mail signature cards should reflect the appropriate job title and college or district contact information. Using signature cards to promote or feature logos of vendors is strictly prohibited–No anonymous information may be sent. For electronic communications using MCCCD resources, Administrative Regulation 4.4 “Technology Resource Standards,” also applies.

  2. Application of Other Policies

    1. In addition to the standards set forth in this administrative regulation, other MCCCD standards are expressly applicable to electronic communications. For instance, standards that apply to the use of MCCCD resources, including use of equipment and time, also apply to electronic communications. Relevant other institutional policies include, but are not limited to:
      1. MCCCD Governing Board policies
      2. MCCCD Administrative Regulations
      3. Employee policy manuals
      4. Student Code of Conduct
      5. Confidentiality of student records
      6. Sexual harassment policy
      7. Technology Resource Standards
    2. The list in Paragraph 2A is not comprehensive. In the event of a conflict between and among standards, the more restrictive standard will govern.
    3. MCCCD colleges and operational units may develop additional “conditions of appropriate use” for local computing and network facilities to supplement these electronic communication standards with additional detail, guidelines or restrictions. Such conditions must be consistent with and subordinate to the MCCCD-wide standards.                                                                                                                                                                      
  3. Specifically Acceptable Uses. Examples of acceptable uses of electronic communications are:

    1. Communications with local and foreign educators, students, administrators, researchers and colleagues in connection with instruction or research
    2. Communication and exchange for scholarly development, to maintain currency, or to debate issues in a field of knowledge
    3. Use in applying for or administering grants or contracts for research or instruction, but not for non-Maricopa public relations activities
    4. Announcements of new products or services for use in research, college administration, student services, or instruction but not commercial advertising of any kind
    5. Factual vendor communication relevant to official MCCCD business
    6. Communication incidental to otherwise acceptable use, except for illegal or specifically unacceptable use
    7. Marketing by MCCCD regarding its educational opportunities, programs and non-commercial radio and television stations
    8. Uses by MCCCD non-commercial radio and television reporters for journalistic purposes
    9. Communications from MCCCD-related entities with which MCCCD has an agreement that exists solely to raise funds for MCCCD programs about the manner in which employees may support those entities, so long as the message to employees does not focus on specific third-party products or services
  4. Specifically Unacceptable Uses. The following is a list of some unacceptable uses, but unacceptable uses is not limited to this list:

    1. Using electronic communications for illegal activities
    2. Use for for-profit activities (sales, consulting for pay, and so on) or use by for-profit institutions unless covered by the general principle, or as one of the specifically acceptable uses
    3. Use for private or personal business

       

    4. Chain letter, or any illegal schemes or activities
    5. Mailings to large numbers of people that contain unwanted solicitations or information; such as “spam” or “letter bomb”
    6. Communication that constitutes harassment
    7. Anonymous communications, or communications that impersonate another individual, except communications to the MCCCD Concernline; the contents of an anonymous communication will not be considered a communication regarding official business or a public record of that business with the exception of the MCCCD Concernline
    8. Allowing anyone else to use your account
    9. Any communication which adversely impacts the communications of MCCCD by over-loading the network
    10. Violations of open meeting law requirements
    11. Communicating about MCCCD business without complying with the retention requirements specified under Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records”
    12. Use of technology resources to market or conduct other activities on behalf of a third party regarding the “hosting” of an event that is prohibited under MCCCD’s Use of College Facilities administrative regulation
  5. Confidentiality

    The confidentiality of electronic communications cannot be assured. Under certain conditions, selected MCCCD employees may have access to them consistent with applicable law or policy including this policy. See Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.” Any confidentiality may also be compromised by unintended redistribution or the inadequacy of current technologies. Employees, therefore, should exercise extreme caution in using electronic communications to communicate confidential or sensitive matters, and should not assume that their electronic communication is private or confidential. Additionally, employees should not use electronic communications to transmit information that applicable law requires be confidential, such as student education records under the Family Education Rights and Privacy Act of 1974.

  6. Complaint Procedures

    Employees experiencing misuse, abuse, harassment or other incidents related to the technologies which they cannot pursue on their own should report the matter through the supervisory chain of command, the College President or to the appropriate Vice Chancellor. If the employee receives an electronic communication from an outside party that is inappropriate, the employee may also wish to contact the authority at the company or service from which the sender is transmitting. Violations of privacy or property involving the technology may be reported, even if the perpetrator is not a member of the college community, if the communication relates to MCCCD business. As specified in Administrative Regulation 4.4 “Technology Resource Standards,” limited incidental use of electronic communications using MCCCD technology resources is permitted. Employees should avoid any incidental use that may result in misuse, abuse, harassment or similar inappropriate communications. This complaint procedure will not generally be available for those types of communications unless there is a threat that may constitute a violation of law.

  7. Enforcement of Standards

    Engaging in any activity that violates these electronic communications standards can result in the loss of access privileges or other discipline. Issues related to enforcement of these standards will be addressed according to established processes in job group policy manuals.

  8. The Chancellor, the Vice Chancellors, the College Presidents or their designees should take necessary steps to ensure that employees under their supervision have notice of and will comply with this regulation and any protocols of the MCCCD electronic communications network, as issued by the Vice Chancellor of Information Technology, a College President or designee.

AMENDED through the Administrative Regulation approval process, June 27, 2011
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED through the Administrative Regulations approval process on December 14, 2004

4.4 Technology Resource Standards

Introduction

The Maricopa County Community College District (MCCCD) provides its students, employees, Governing Board members and the public with access to information resources and technologies. MCCCD recognizes that the free exchange of opinions and ideas is essential to academic freedom, and the advancement of educational, research, service, operational, and management purposes, is furthered by making these resources accessible.

Arizona constitutional and statutory mandates require that MCCCD resources, including technology, be used only for the public’s business, and not for private purposes. Those mandates apply to all MCCCD public officials–employees of every kind and the Governing Board. The aim of those laws is to safeguard the use of resources, including technology resources, acquired and maintained with public funds. Compliance with other laws–both federal and state–also dictates the need for standards for the use of MCCCD technology resources. In some cases, the Governing Board policies emphasize the importance of compliance with the law such as the requirement to adhere to copyright laws. Governing Board policies also establish MCCCD’s own standards, such as the directive that all persons within the MCCCD community be treated in a manner that is humane, fair and dignified.

This administrative regulation establishes standards for the use of MCCCD technology resources. They should be seen as supplementing, and not in lieu of, Governing Board policy, applicable law and other applicable administrative regulations such as Administrative Regulation 4.3 “Electronic Communications.”

General Responsibilities

Technology resources (including, but not limited to, desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information) of the MCCCD are available to MCCCD Governing Board members, employees, students and, in a limited number of cases, MCCCD contractors and the public. Use of all those resources is subject to the standards set forth in this regulation (Standards).

The first screen that each MCCCD computer exhibits on starting up advises users of these Standards and requires an acknowledgment before the user may proceed to the next screen. Additionally, all MCCCD employees are responsible for annually acknowledging receipt of the Blue Book, which contains this regulation. So all users of MCCCD technology resources are presumed to have read and understood the Standards. While the Standards govern use of technology resources MCCCD-wide, an individual community college or center may establish guidelines for technology resource usage that supplement, but do not replace or waive, these Standards.

Use of Non-MCCCD Technology

Under Arizona’s public records law, MCCCD is required to transact business so that its records are accessible and retrievable. The policy underlying the law is that work done in the name of the public be transparent. Thus, any member of the public may request public records and, except in a few specific instances, are entitled to get copies of them.

Each individual employee or Governing Board member is responsible for ensuring that MCCCD records that he or she initiates or receives are retained for the period of time required by and disposed of according to mandates established by Arizona State Library, Archives and Public Records–the state agency tasked with setting standards for record retention. Therefore, an employee’s or Governing Board member’s use of non-MCCCD technology resources for communication of any type of MCCCD business is heavily discouraged because those records are less capable of being managed according to MCCCD’s process for ensuring retention, retrieval and disclosure set forth in Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records.”

Additionally, an MCCCD employee who receives a communication allegedly from another MCCCD employee using a non-MCCCD e-mail address is not required to respond substantively to that e-mail. The employee receiving the e-mail is entitled to verify that the sender is whom he or she says that he or she is. The employee receiving the e-mail may request that the sender provide the information or inquiry set forth in the e-mail via hard-copy form.

Acceptable Use

Use of MCCCD’s technology resources, including websites created by MCCCD employees and students, is limited to educational, research, service, operational and management purposes of the MCCCD and its member institutions. Likewise, data, voice, images and links to external sites posted on or transmitted via MCCCD’s technology resources are limited to the same purposes.

Frequently, access to MCCCD’s technology resources can be obtained only through use of a password known exclusively to the MCCCD employees, Governing Board members or students. It is those users’ responsibility to keep a password confidential. While MCCCD takes reasonable measures to ensure network security, it cannot be held accountable for unauthorized access to its technology resources by other persons, both within and outside the MCCCD community. Moreover, it cannot guarantee employees, Governing Board members and students protection against reasonable failures. Finally, under certain limited circumstances defined in Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records,” certain MCCCD employees are authorized to access information on an MCCCD technology device.

It is not Maricopa's practice to monitor the content of electronic mail transmissions, files, images, links or other data stored on or transmitted through Maricopa's technology resources. The maintenance, operation and security of Maricopa's technology resources, however, require that network administrators and other authorized personnel have access to those resources and, on occasion, review the content of data and communications stored on or transmitted through those resources. Any other review may be performed exclusively by persons expressly authorized for such purpose and only for cause. To the extent possible in the electronic environment and in a public setting, a user's privacy will be honored. Nevertheless, that privacy is subject to Arizona's public records laws and other applicable state and federal laws, as well as policies of Maricopa's Governing Board all of which may supersede a user's interests in maintaining privacy in information contained in Maricopa's technology resources.

Incidental Computer and Technology Usage

Limited incidental personal use of MCCCD technology resources including through use of personal e-mail systems is permitted, except as described in item 16 under “Prohibited Conduct.” MCCCD employees are responsible for exercising good judgment about personal use in accordance with this regulation, Colleges’ consistent local guidelines and MCCCD ethical standards. Personal use refers to activities which only affect the individual and that are not related to an employee’s outside business. MCCCD employees are required to conduct themselves in a manner which will not raise concern that they are or might be engaged in acts in violations of the public trust. Refer to the Guidelines for Incidental Computer Usage for the Maricopa Community Colleges (Appendix AS-8) and Guidelines for Incidental Telephone Usage for the Maricopa Community Colleges (Appendix AS-9).

Prohibited Conduct

The following is prohibited conduct in the use of MCCCD’s technology resources

  1. Posting to the network, downloading or transporting any material that would constitute a violation of MCCCD contracts.
  2. Unauthorized attempts to monitor another user’s password protected data or electronic communication, or delete another user’s password protected data, electronic communications or software, without that person’s permission.
  3. Installing or running on any system a program that is intended to or is likely to result in eventual damage to a file or computer system.
  4. Performing acts that would unfairly monopolize technology resources to the exclusion of other users, including (but not limited to) unauthorized installation of server system software.
  5. Hosting an unauthorized website that violates the .EDU domain request.
  6. Use of technology resources for non-MCCCD commercial purposes, including to advertise personal services, whether or not for financial gain.
  7. Use of software, graphics, photographs, or any other tangible form of expression that would violate or infringe any copyright or similar legally-recognized protection of intellectual property rights.
  8. Activities that would constitute a violation of any policy of MCCCD’s Governing Board, including, but not limited to, MCCCD’s non-discrimination policy and its policy against sexual harassment.
  9. Transmitting, storing, or receiving data, or otherwise using technology resources in a manner that would constitute a violation of state or federal law, or MCCCD policy or administrative regulation including, but not limited to, obscenity, defamation, threats, harassment, and theft.
  10. Attempting to gain unauthorized access to a remote network or remote computer system.
  11. Exploiting any technology resources by attempting to prevent or circumvent access, or using unauthorized data protection schemes.
  12. Performing any act that would disrupt normal operations of computers, workstations, terminals, peripherals, or networks.
  13. Using technology resources in such a way as to wrongfully hide the identity of the user or pose as another person.
  14. Allowing any unauthorized access to MCCCD’s technology and non-technology resources.
  15. Making personal long distance or other toll calls, except where the charges for the calls are incurred directly by the caller or arrangements are otherwise made at the time of the call to directly bill the caller.
  16. Intermittent use of technology resources that interferes with the performance of an employee’s main responsibilities.
  17. Use of technology resources to market or conduct other activities on behalf of a third-party regarding the “hosting” of an event that is prohibited under MCCCD’s Use of College Facilities administrative regulation.
  18. Conducting District or college-related business using any electronic mail account other than one hosted or provided by MCCCD, and approved by the Vice Chancellor of Information Technology Services, even when the e-mail account copies all outgoing and incoming messages to the MCCCD hosted account.
  19. Deleting or altering a technology public record in violation of public records retention requirements, or in anticipation of receiving or after receipt of a public records request, subpoena or a complaint filed as part of an MCCCD grievance, investigation or review, or other lawful request for the record.
  20. Deleting or altering a technology record on an MCCCD device in anticipation or after receipt of a public records request, subpoena or a complaint filed as part of an MCCCD grievance, investigation or review, or other lawful request for the records where the record may demonstrate a misuse of technology resources under this regulation.

Review and Approval of Alternate E-Mail Account Systems

The prior review and approval by the Vice Chancellor of Information Technology is required for the implementation of alternate College electronic mail account systems. Requests will be evaluated based upon the following considerations:

  1. The system must be compatible and interoperable with the MCCCD e-mail system. All information within the e-mail system must meet the standards and authorize District Office access as specified in Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.”
  2. Any proposed changes to an MCCCD’s entity’s e-mail system with e-discovery implications must be approved in advance during the planning stages as specified in Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.”

Disclaimer

The home page of an MCCCD web site must display, or link to, the following disclaimer in a conspicuous manner:

All information published online by MCCCD is subject to change without notice. MCCCD is not responsible for errors or damages of any kind resulting from access to its internet resources or use of the information contained therein. Every effort has been made to ensure the accuracy of information presented as factual; however errors may exist. Users are directed to countercheck facts when considering their use in other applications. MCCCD is not responsible for the content or functionality of any technology resource not owned by the institution.

The statements, comments, or opinions expressed by users through use of Maricopa’s technology resources are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views of the Maricopa County Community College District.

Information Accuracy and Marketing Standards

In order to help ensure that the most accurate information sources are reflected on web pages, information should be cited, sourced or linked from the website of the official District or college custodian responsible for the particular subject. In addition, the design of web pages shall reflect established marketing standards with respect to the imaging and using of MCCCD marks as outlined in the marketing standards handbook and Use of Marks administrative regulation.

Complaints and Violations

Complaints or allegations of a violation of these standards will be processed through Maricopa’s articulated grievance procedures or resolution of controversy. Upon determination of a violation of these standards, MCCCD may unilaterally delete any violative content and terminate the user’s access to MCCCD’s technology resources. It is the user’s responsibility to demonstrate and/or establish the relevance of content in the event that a content complaint is made official. Users retain the right to appeal actions through MCCCD’s grievance procedures or resolution of controversy.

AMENDED through the Administrative Regulations approval process, June 27, 2011
AMENDED through the Administrative Regulations approval process, January 10, 2011
AMENDED through the Administrative Regulations approval process, February 24, 2010
AMENDED through the Administrative Regulations approval process, November 3, 2008
AMENDED through the Administrative Regulations approval process, December 15, 2004
APPROVED, March 2, 1999

4.5 Computer Software

 

Statement on Computer Software 
Just as there has been shared responsibility in the development of this regulation, so should there be shared responsibility for the resolution of the problems inherent in providing and securing good educational software. Educators have a valid need for quality software and reasonable prices. Hardware developers and/or vendors also must share in the effort to enable educators to make maximum cost-effective use of that equipment. Software authors, developers and vendors are entitled to a fair return on their investment.

 

  1. Educators' Responsibilities
    Educators need to face the legal and ethical issues involved in copyright laws and publisher license agreements and must accept the responsibility for enforcing adherence to these laws and agreements. Budget constraints do not excuse illegal use of software.
    Educators should be prepared to provide software developers or their agents with the written Software Policy Statement approved by the Maricopa County Community College District including as a minimum:
    1. A clear requirement that copyright laws and publisher license agreements be observed;
    2. A statement making employees who use Maricopa County Community College District equipment responsible for taking all reasonable precautions to prevent copying or the use of unauthorized copies on Maricopa County Community College District equipment;
    3. An explanation of the steps taken to prevent unauthorized copying or the use of unauthorized copies on Maricopa County Community College District equipment;
    4. A designation that the Vice Chancellor for Business Services or Designee are the only parties authorized to sign software license agreements for the Maricopa County Community College District;
    5. A designation at the campus site level of who is responsible for enforcing the terms of the Maricopa County Community College District regulation and terms of licensing agreements.

 

  1. Hardware Vendor's Responsibilities
    Hardware vendors should assist educators in making maximum cost effective use of the hardware and help in enforcing software copyright laws and license agreements. They should as a minimum:
    1. Make efforts to see that illegal copies of programs are not being distributed by their employees and agents;
    2. Work cooperatively with interested software developers to provide an encryption process that avoids inflexibility but discourages theft.

 

  1. Software Developer's and Vendor's Responsibilities
    Software developers and their agents can share responsibility for helping educators observe copyright laws and publishers license agreements by developing sales and pricing policies. Software developers and vendors should as a minimum:
    1. Provide for all software a copy to be used for back-up purposes, to be included with every purchase;
    2. Provide for on-approval purchases to allow Maricopa County Community College District to preview the software to ensure that it meets the needs and expectations of the educational institution;
    3. Work in cooperation with hardware vendors to provide an encryption process that avoids inflexibility but discourages theft;
    4. Provide for, and note in advertisements, multiple-copy pricing for Maricopa County Community College District sites with several machines and recognize that multiple copies do not necessarily call for multiple documentation;
    5. Provide for, and note in advertisements, network compatible versions of software with pricing structures that recognize the extra costs of development to secure compatibility and recognize the buyer's need for only a single copy of the software.

 

  1. Software Policy Statement
    It is the intent of the Maricopa County Community College District to adhere to the provisions of copyright laws in the area of computer programs. Though there continues to be controversy regarding interpretation of those copyright laws, the following procedures represent a sincere effort to operate legally. We recognize that computer software piracy is a major problem for the industry and that violations of computer copyright laws contribute to higher costs and greater efforts to prevent copies and/or lessen incentives for the development of good educational software. All of these results are detrimental to the development of effective educational uses of microcomputers. Therefore, in an effort to discourage violation of copyright laws and to prevent such illegal activities the following apply:
    1. Maricopa County Community College District employees will be expected to adhere to the provisions of Public Law 96-517, Section 10(b) which amends Section 117 of Title 17 of the United States Code to allow for the making of a back-up copy of computer programs. This states that "...it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
      1. that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
      2. that such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful."
    2. When software is to be used on a disk sharing system, efforts will be made to secure this software from copying.
    3. Illegal copies of copyrighted programs may not be made or used on Maricopa County Community College District equipment.
    4. The Vice Chancellor for Business Services, or designee, of the Maricopa County Community College District is designated as the only individual who may sign license agreements for software.
    5. The president of each college of the Maricopa County Community College District is responsible for establishing practices that will enforce this regulation at the college level.

It is the policy of the Maricopa County Community College District that no person shall use or cause to be used in the Maricopa County Community College District's computer laboratories any software that does not fall into one of the following categories:

  1. It is in the public domain.
  2. It is covered by a licensing agreement with the software author, authors, vendor or developer, whichever is applicable.
  3. It has been donated to the Maricopa County Community College District and a written record of a bona fide contribution exists.
  4. It has been purchased by the Maricopa County Community College District and a record of a bona fide purchase exists.
  5. It has been purchased by the user and a record of a bona fide purchase exists.
  6. It is being reviewed or demonstrated by the users in order to reach a decision about possible future purchase or request for contribution or licensing.
  7. It has been written or developed by a Maricopa County Community College District employee for the specific purpose of being used for district purpose.

It is also the policy of the Maricopa County Community College District that there be no copying of copyrighted or proprietary programs on computers belonging to the Maricopa County Community Colleges District.

AMENDED through the Administrative Regulations approval process, August 18, 2008
AMENDED through the Administrative Regulations approval process, July 12, 2001

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, December 11, 1984, Motion No. 5816

4.6 Weapons Policy

Except as noted in paragraph 1 below, all persons who attend classes, are employed by the District/college, are visiting the District/campus or who otherwise have business within MCCCD, are prohibited from carrying concealed weapons on their person or concealed within their immediate control. The above persons are also prohibited from carrying or possessing any type of deadly weapon, edged weapon, dangerous instrument or martial arts weapon, as defined in ARS §§13-105.11, 13-105.13, 13-105.17 and 13-3101.7. Except as noted in paragraph 2 below, pursuant to ARS §12-781, this policy shall not prohibit a person from lawfully transporting or lawfully storing any firearm that is both locked in the person's privately owned vehicle or in a locked compartment on the person's privately owned motorcycle, and not visible from the outside of the motor vehicle or motorcycle.

These items include, but are not limited to: all firearms, sheath knives, boot knives, swords, pocket knives or folding knives with a blade length greater than three (3) inches, crossbows, long bows, compound bows, sling shots, any instrument under the circumstances of use that could cause death or serious injury, nunchaku (numbchucks), throwing stars, darts, throwing knives and related martial arts weapons.

The above listed persons are also prohibited from carrying or possessing any type of explosive or explosive devices as defined in ARS §§13-3101.3 and 13-3101.7a, f through h. This section also prohibits the possession of all ammunition and ammunition components.

  1. Persons excluded from this policy:
    1. Any certified peace officer, currently employed by a law enforcement agency
    2. Upon the approval of the Chancellor/or appropriate college president or president's designee, any person possessing a weapon for the purpose of teaching firearm safety, hunter safety, martial arts, law enforcement procedures or related course
    3. Upon approval of the Chancellor/or appropriate college president or president's designee, any person possessing a weapon for the purpose of demonstrating, for educational purposes, any of the above stated weapons
    4. Any person, otherwise approved by the Chancellor/or appropriate college president or president's designee
  2. Locations where non-exempt persons are prohibited from concealed or open carry in vehicles, as well as on their person or in their immediate control:
    1. The property owner, tenant, public or private employer or business entity is a current United States Department of Defense contractor and the property is located in whole or in part on a United States military base or United States military installation
    2. The property owner is a Tribal Sovereign Nation
  3. Sanctions for Violations: Failure to comply with this policy, may result in, but is not limited to:
    1. Removal or ejection from the properties of the institution at which the violation occurs by peace officers and/or authorized representatives of the concerned institution;
    2. Criminal prosecution;
    3. Suspension or expulsion from the concerned institution and/or all institutions within the MCCCD, and civil and/or criminal prosecution
    4. Any other sanction authorized by law, MCCCD policy or administrative regulation

AMENDED through the Administrative Regulations approval process on February 24, 2010
AMENDED through the Administrative Regulations approval process on August 18, 2008
AMENDED through the Administrative Regulations approval process on July 12, 2001

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, October 25, 1994, Motion No. 8314

4.7 Security Regulation

Language deleted per adoption of Public Safety Administrative Regulation (formerly Board Policy) Motion No. 9447, October 23, 2007

4.8 Art in Public Places

In order to promote and enhance the visual art environment of our buildings and grounds, funds may be identified and allocated for this purpose.

The Chancellor is directed to establish guidelines to accomplish this needed enhancement of the quality of life at our colleges, centers, and District Office. (Guidelines are available as Appendix AS-1)

Periodic reports will be submitted to the Governing Board to monitor the accomplishments of this regulation.

AMENDED April 9, 2001 per the approved process for Administrative Regulations
ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, November 28, 1995, Motion No. 8480

4.9 Commemorative and Dedication Plaques on Buildings

  1. Plaques commemorating the use of Federal Higher Education Facilities Funds, when appropriate, or the completion and dedication of new buildings may be placed either as a cornerstone or at the main entrance to the building.
  2. This will not hold true for any projects already in existence.
  3. The Director, Department of Facilities Planning and Development will establish and maintain procedures for the installation of building plaques. [A copy of the procedures may be obtained by calling the Department of Facilities Planning and Development at 480-731-8230.]

AMENDED through the Administrative Regulation Approval Process, November 30, 1999

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, February 12, 1973, Motion No. 2118

4.10 Naming of Facilities and Academic Entities Authority

Purpose

The Maricopa Community Colleges District is proud to recognize individuals, organizations and corporations that support its mission. That support can be manifested in a number of ways—through long and distinguished service as volunteers or employees, or monetary contributions to scholarship funds, endowments, special programs, or capital projects. This administrative regulation is intended to establish guidelines and processes for naming facilities and academic entities at The Maricopa County Community Colleges District.

Authority

The authority for naming facilities and academic entities (as defined in this administrative regulation) rests with The Maricopa County Community College District Governing Board.  No commitment shall be made regarding the naming of facilities or academic entities to any person or party without appropriate, prior approval as specified in this administrative regulation. The Board also reserves the right to accept or reject naming proposals submitted through the District Chancellor.

The Chancellor shall be the Governing Board’s principal representative under this administrative regulation and may act with or without the assistance of an advisory committee he/she may choose to appoint. Nothing in this administrative regulation shall prohibit the Chancellor, the College Presidents, District Vice Chancellors, members of the Governing Board or the Governing Board as a whole, or the Board of Directors of the Maricopa County Community College District Foundation as a whole, from initiating action for the naming of District facilities or academic entities. Others, including District faculty, administrators, staff and members of the District’s service area community also may initiate consideration of a naming request either through the appropriate College President, if the naming request is for a facility or academic entity at a college, or through the Chancellor, or through a member of the Foundation.

Definitions

Facility (including facility components and outside facilities)—colleges, satellite centers, buildings, building additions, wings, halls, laboratories, libraries, conference areas, dining facilities, parks, plazas, recreational fields, parking lots and roadways.

Academic Entities—divisions, departments, centers, institutes, programs, and endowed chairs.

Exceptions—classrooms, seminar rooms, reading rooms, fountains, furniture, and bricks, plaques, walls and other commemorative installations are not covered under this administrative regulation and may be named at the discretion of the College Presidents, Vice Chancellors, and President/CEO of the Maricopa Community College Foundation with the concurrence of the Chancellor.

Naming Guidelines and Criteria

The District, its Colleges and the Maricopa Community Colleges Foundation frequently and enthusiastically recognize outstanding supporters, volunteers, faculty and staff in special publications, at events, receptions and awards ceremonies, through named endowments and other named funds, or through a variety of permanent, public installations that honor distinguished service and generous donors.

A facility or academic entity named in honor of a person or persons, organization or corporation is an exceptional form of recognition—perhaps the most prestigious and prominent recognition the District can bestow.  Naming opportunities are limited and a very high standard should be applied in the selection of honorees. Therefore, nominations based on professional achievements and/or long service that while unusual and laudable also are shared by significant numbers of other employees or volunteers should be recognized in some other, more appropriate way.  The following examples shall be used as minimum criteria in determining whether an individual, organization or corporation qualifies for nomination:

  • While serving the District in an academic capacity, the individual has long demonstrated high scholarly distinction resulting in significant recognition within his/her discipline and earning a regional or national reputation.
  • While serving the District in an administrative or staff capacity, the individual has rendered long and distinguished service resulting in significant, measurable benefits to the welfare of the District resulting in recognition from professional groups or other regional/national organizations.
  • While serving the district, community, state or nation in an elected or appointed position, the individual has rendered long and distinguished service which demonstrably benefited the purpose and mission of the District.
  • An individual or individuals, organization or corporation which has donated or pledged to donate funds or other resources and support for the benefit of the District, the amount of which shall determine the facility or academic entity that may be named.

When an individual or individuals are recommended for naming rights the following additional criteria also shall apply:

  • No naming in honor of an individual who has served the District in an academic, administrative or staff capacity may be considered until two years after retirement, separation, or death if the person had not yet retired or separated from the District.
  • A naming in honor of an individual who has retired from the District but has been recalled to full or part time employment may be considered based on the earlier of the first two criteria.
  • No naming in honor of an individual who has served the District, community, state or nation in an elected or appointed position until two years after retirement or separation from the elected or appointed office.

Nominating Process

All proposals to name facilities or academic entities shall be submitted in writing either to the Chancellor or the President of the College at which the naming would take place. At a minimum, all written proposals will address each of the applicable sections of the nomination form provided in Appendix AS-10, and shall be in conformance with all of the applicable guidelines and criteria set forth herein.

After appropriate review and consultation the Chancellor shall recommend and submit those nominations which he/she determines have met the guidelines and criteria set forth in this administrative regulation and merit further consideration to the District Governing Board for approval.

Confidentiality

Authority for granting naming rights is reserved to the Governing Board and their action in this regard must be taken in public session. To the greatest extent possible, however, and out of respect for the individual or individuals, organizations or corporations who may be recommended for naming rights, the nominating process and deliberations of the naming rights advisory committee, should one be appointed, shall be held in confidence until such time as the Chancellor presents a recommendation for naming rights approval to the Governing Board.

Due Diligence

All nominations for naming rights shall be reviewed by the District’s General Counsel or designee. All nominations based in whole or in part on a donation or a pledge to donate funds or other resources for the benefit of the District also shall be reviewed by the President/CEO of the Maricopa County Community College District Foundation or designee.

A thorough financial review shall be undertaken by the Vice Chancellor for Business Services or designee with emphasis on the costs associated with granting naming rights including necessary legal or insurance expenses, building preparation and maintenance expenses, the cost of manufacturing, installing and maintaining new signage, etc. Whenever possible, even when naming rights are recommended for long and meritorious service, efforts should be undertaken to raise gifts sufficient to at least offset associated expense to the District/College.  In cases where a naming right is recommended and in any proposal to name an academic or non-academic program for a donor, consideration should be given to ensure that any associated endowment will be sufficient to sustain the program, if applicable.

In all cases, special care shall be exercised when a naming opportunity involves facilities currently financed with tax-exempt bonds. The Vice Chancellor for Business Services and the District’s General Counsel shall be consulted as early as possible in this process to ensure that tax-exempt bond status is not jeopardized.

Upon approval by the Governing Board, the District’s Chief Legal Counsel and, in cases where a gift or pledge is involved, the President/CEO of the Maricopa County Community College District Foundation or their designees shall cause to be executed with the honoree or their appropriate representatives, an agreement documenting the naming rights granted and their terms and conditions.

Duration of Naming Rights

When a facility is named either in honor of distinguished service or in recognition of a donor, the naming right will generally be effective for the useful life of the facility. If a facility must be replaced or substantially renovated the facility may be renamed, subject to the specific terms and conditions set forth in any gift or other naming right agreement related to the prior naming action.

If the decision to name a facility, either to honor distinguished service or to recognize a donation, is directly related to the function of that facility, and if that function is later transferred to another facility, the naming right will not automatically be transferred to the new facility. However consideration may be given to such a transfer subject to the terms and conditions of any agreement related to the original naming action. 

When an academic entity is named, that naming right also will generally be effective for the existence of the entity, once again subject to the terms and conditions of any agreement related to the original naming action.

In the case of any decision affecting previously granted naming rights, the appropriate District or Foundation representative(s) shall make a timely and good faith effort to inform the original donor(s), honoree(s) or their heirs, assigns, or representatives.

Changing Circumstances

If at any time following the approval of a naming, circumstances change substantially so that the continued use of that name may compromise the public trust, the Chancellor will consult with the District’s Chief Legal Counsel and if appropriate with the President and CEO of the Maricopa Community Colleges Foundation regarding future action. The District reserves the right to remove any name that would not reflect positively on the District or would conflict with its purpose or mission.

A naming conferred in recognition of a pledged gift is contingent upon fulfillment of that pledge and shall be approved on that condition.  After appropriate review and consultation with the Chief Legal Counsel and Foundation President and CEO, the District may remove any name granted in honor of a pledge that is not substantially fulfilled.

Renaming/Addition of Second Name

Any proposal to rename or to add a second name to a facility or academic entity shall follow all guidelines, criteria and processes set forth in the administrative regulation herein. If not otherwise required in this administrative regulation, a review of all prior agreements and documents pertaining to the original gift or naming agreement also shall be conducted.

Naming Related to Gifts – Additional Considerations

In the case of a naming right nomination based primarily or solely upon a proposed gift, consideration shall be given to the following:

Ideally, the gift shall: (1) fund the total cost of the project to be named; (2) provide substantial funding for that portion of the total cost that would not have been available from another source (such as federal or state loans or appropriations, student fees, or bond issues); (3) constitute a significant portion of the total cost of the project to be named, or (4) otherwise be sufficient to clearly justify the public recognition involved.

In fact, the appropriate contribution value for which naming rights may be granted is likely to be highly variable and dependent on factors of location, prominence and function and also may be impacted by economic fluctuations.

The District’s Office of Facilities Planning and Development and the Maricopa County Community College District Foundation shall work collaboratively to develop and periodically update a table of estimated values and value ranges for various types of facilities. And these estimates should be re-evaluated periodically. If possible, this collaboration also should attempt to establish minimum acceptable contribution levels to guide discussions with potential donors. Similarly, the Vice Chancellor for Academic Affairs and the President/CEO of the Maricopa County Community College District Foundation shall collaborate to develop and periodically update a table of values and value ranges and minimum acceptable contribution levels for naming academic entities.

The final decision regarding appropriate contribution values shall be left to the District Chancellor as part of his deliberations and recommendations to the Governing Board.
(Note: While items 1 through 3 in paragraph two of the “Naming Related to Gifts” section, relate to the actual costs of a project or projects for which naming rights may be conferred, the funds received from naming rights gifts need not necessarily be used to pay for those project costs, even in cases where a gift is received before completion of the project. The Maricopa County Community College District and the Maricopa Community College District Foundation reserve the right to negotiate the use of such gifts with a prospective donor.)

AMENDED through the Administrative Regulation Approval process, August 25, 2009, Motion No. 9595
(Replaces former text and title "Naming of Facilities for Individuals and Organizations")
AMENDED through the Administrative Regulation Approval process, September 23, 1999

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, January 13, 1981, Motion No. 4714

4.11 Distribution of Commercial Products

Generally, the distribution of free materials shall be avoided; however, the distribution of any commercial products, for sale or give away, to students through the bookstore, registration lines, or elsewhere on campus, shall be subject to prior review and approval by the president of the college or designee.

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, May 20, 1980, Motion No. 4556

4.12 Smoke-Free/Tobacco-Free Environment

The Maricopa County Community College District is dedicated to providing a healthy, comfortable, and educationally productive environment for students, employees, and visitors. In order to promote a healthy learning and work environment, the Chancellor has directed that the Maricopa County Community College District serve as a total smoke free and tobacco free environment, effective July 1, 2012. Smoking (including the use of “e-cigs”) and all uses of tobacco shall be prohibited from all District owned and leased property and facilities, including but not limited to parking lots, rooftops, courtyards, plazas, entrance and exit ways, vehicles, sidewalks, common areas, grounds, athletic facilities, and libraries.

Support signage prohibiting the use of smoking instruments and tobacco shall be placed throughout all college and District locations.

Continued violations by an employee or student shall be handled through the respective conduct procedures established for employees and students.

See also 4.21 Breathe Easy Tobacco Free | Smoke Free

AMENDED through the Administrative Regulation Process, March 13, 2012
AMENDED through the Administrative Regulation Approval process, October 22, 2008
AMENDED through the Administrative Regulation Approval process, August 11, 1998

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, March 26, 1991, Motion No. 7531

4.13 Alcoholic Beverages - Usage Regulation

This Administrative Regulation prohibits the use of District funds to purchase alcoholic beverages or services related to them except in small amounts to be used in cooking for the District's culinary programs. Additionally, it generally prohibits the presence of alcoholic beverages on premises owned by the District, or those leased or rented by the institution. It permits a few, narrow exceptions to that latter prohibition. The exceptions are not available to the general population of District employees or officials. More importantly, they are established to ensure that the District's actions stay within the boundaries of state law and the District's insurance coverage. Therefore, strict compliance with this regulation is essential.

  1. No Funds. No funds under the jurisdiction of the governing board of the District may be used to purchase alcoholic beverages, except for the limited purposes of purchasing small amounts of them for use solely as ingredients in food preparation for classes and at the District's culinary institutes. Alcoholic beverages may not be stored on premises owned, leased, or rented by MCCCD except as provided in Paragraph 8.
  2. No Service or Sale of Alcoholic Beverages. The law of the state of Arizona strictly regulates the service, sale, distribution and consumption of alcoholic beverages. In light of that law, the District does not permit alcoholic beverages to be served, sold or distributed on or in the premises owned by the District or leased or rented by the Maricopa Community Colleges for District-approved educational, fund-raising or other community purposes, except as provided in Paragraphs 3 and 7.
  3. Service at District Events on District-owned Property. The Chancellor has the sole authority to approve the service, but not the sale or other distribution, of wine or beer at District events on district-owned property that the Chancellor either sponsors or approves. The only District employees authorized to request the Chancellor's approval are the College Presidents and the Vice Chancellors. Additionally, the law strictly limits the service of wine or beer by the District on District-owned property, and those restrictions are specified in Paragraph 5. Unless approved by the Chancellor in compliance with the law and this regulation, alcoholic beverages may not be served on District-owned property.
  4. Event Form Required. A College President or Vice Chancellor who wishes to obtain the Chancellor's approval for the service of wine or beer at a District-sponsored event on District-owned property shall forward a completed written request to the Chancellor no later than 30 days before the event. The request form is available at: AS-6 - Notice of Intent to Serve Beer and Wine. On signing the form, the Chancellor will provide a copy of it to the requestor and to the MCCCD Risk Manager. For events that the Chancellor sponsors, he or she will complete the form, sign it and provide it to the MCCCD Risk Manager no later than 10 business days before the event.
  5. Service restrictions required by law. An event approved under Paragraph 4 must, by law, comply with the all of the following restrictions:Additionally, beer and wine may only be served by a beverage service contractor whose liquor license with the state of Arizona is in good standing, except as provided in Paragraph 6. The contractor must provide all of the beverages served and well as the servers or bartender. Before the event, the contractor must provide a certificate of insurance that meets the requirements of the District's Risk Manager and that adds the District as an additional insured. The contractor must also agree in writing to indemnify the District regarding the service of the beverages.
    1. The only alcoholic beverages that may be served and consumed are wine and beer. Wine consumption is limited to 6 oz. per person, and beer consumption is limited to 24 oz;
    2. The gathering must be by invitation only, and not open to the public;
    3. The gathering may not exceed 300;
    4. Invitees may not be charged any fee for either the event or the beer or wine; and
    5. The consumption may only take place between noon and 10:00 p.m.
  6. Culinary Institutes. The Chancellor may sponsor or approve an event at one of the District's culinary institutes. Students may serve wine and beer at the event as part of their class requirements, subject to the limitations of Paragraph 5. Any student serving those beverages must, by law, be 19 years or older.
  7. Third-Party Event. The Maricopa County Community College District Foundation and the Friends of Public Radio Arizona may, with the approval of the Chancellor, sponsor an event on District-owned property under this regulation. The City of Phoenix and the Friends of the Phoenix Public Library may also do so, with the approval of the Chancellor, at the joint library on the campus of South Mountain Community College. These third-party, non-district entities are solely responsible for determining the steps that they are required to take to comply with Arizona's alcoholic beverages laws. Additionally, they must comply with the following steps:
    1. The entity obtains a liquor license, if required by law, from the Arizona Department of Liquor Licenses and control for each event and fully complies with the laws, rules and other requirements applicable to that license;
    2. The entity completes the form available at AS-7 - Request to Serve Beer and Wine - Third Party. And provides it to the Chancellor for approval along with a copy of the liquor license no later than 30 days before the event, unless the Chancellor approves a shorter period of time in a particular case;
    3. The entity provides or currently has on file with the District a certificate of insurance demonstrating that it has liquor liability coverage and that adds the District as an additional insured;
    4. The entity agrees in writing to indemnify the District from any claims of any kind arising out of the event;
    5. Beer and wine are the only alcoholic beverages served and only served through a beverage service contractor whose liquor license with the state of Arizona is in good standing;
    6. The contractor provides all of the beverages served and well as the servers or bartenders;
    7. Before the event, the contractor provides a certificate of insurance that meets the requirements of the District's Risk Manager and that adds the District as an additional insured; and
    8. The contractor agrees in writing to indemnify the District regarding the service of the beverages.
  8. Receipt of beverages; storage. It is not permissible to store wine or beer on premises owned, leased or rented by MCCCD, except as provided in this paragraph. Alcoholic beverages purchased for use in cooking in District culinary courses must be stored in such a way that it is inaccessible to anyone except the Director or designee of the culinary program. For wine and beer to be used for receptions at the district's culinary institutes, as authorized by this administrative regulation, the following storage requirements apply:
    1. Wine and beer to be served may only be brought to MCCCD property no sooner than four hours prior to the event, and remain there no longer than four hours after the event; and
    2. Once the wine and beer arrives on MCCCD property, the Director the culinary program shall assign an MCCCD employee to ensure that it is not stolen or that it is not opened until ready to be served.
  9. Compliance with law. In compliance with applicable law, any persons planning an event under this administrative regulation are required to familiarize themselves with the pertinent laws and other requirements established by the state of Arizona for the service of alcoholic beverages, particularly those in Arizona Revised Statutes Title 4 (Alcoholic Beverages) Chapters 1 (General Provisions), 2 (Regulations and Prohibitions) and 3 (Civil Liability of Licensees and Other Persons) as well as Arizona Administrative Code Title 19, Articles 1 (State Liquor Board) and 3 (Unlicensed Premises Definitions and Licensing Time-Frames).
  10. Residential Housing. Lawful occupants of residential housing under the jurisdiction of the Governing Board, if over the age of 21 years and not otherwise lawfully barred from such practice, may possess and consume alcoholic beverages in the privacy of their respective leased housing facility. Guests of such occupants over the age of 21 years shall have the same privilege. No alcohol is permitted in public areas (nor common areas of a dormitory) at any time.
  11. Personal Responsibility. The personal or individual purchase of alcoholic beverages by individuals attending District-approved functions held in places serving alcoholic beverages is a personal and individual responsibility. Administrative discretion shall be exercised in the approval of the location of such activities, as such decision pertains to the nature of the group involved.
  12. Miscellaneous Usage Issues. Any issues that are not specifically addressed within this regulation require the review and determination by the Chancellor or Executive Vice Chancellor and Provost on matters related to culinary programs, academic or student affairs.

AMENDED through the Administrative Regulation Approval Process, June 27, 2011
AMENDED through the Administrative Regulation Approval Process, January 10, 2011
AMENDED by the Governing Board, July 22, 2008, Motion Number 9504

ADOPTED into Governance, September 24, 1996
AMENDED Motion No. 8894
AMENDED Motion No. 8895
AMENDED Motion No. 8896

Founding Source:
Governing Board Minutes, March 28, 1995, Motion No. 8378
Governing Board Minutes, September 15, 1975, Motion No. 2747

4.14 Motor Vehicle Usage

  1. Each college president shall designate an official at his/her respective college who shall ensure that any employee at that college who is authorized to operate a college or district-owned motor vehicle or vehicle rented, borrowed or leased for college or district purposes:
    1. has completed a driver training program approved by the district Risk Manager; and
    2. has been the subject of an authorized motor vehicle record review conducted on behalf of the college.

    The Vice Chancellor for Human Resources shall designate an official at the district office to ensure that any employee at the district office who is authorized to operate a college or district-owned, -rented, or -borrowed motor vehicle has completed such training program and been the subject of a motor vehicle record review. The training and motor vehicle record review shall be completed for an employee before that employee is permitted to operate a motor vehicle. The District Risk Manager shall coordinate the training program and processes for motor vehicle record review required under this regulation.

  2. A college or District-owned, -rented or -borrowed motor vehicle may be operated only by an employee of the Maricopa County Community College District. A Maricopa Community Colleges student may operate such a motor vehicle only in the event of an emergency as determined at the time of the emergency by a responsible college or district employee.
  3. A college or district driver shall report to his/her supervisor and the manager responsible for authorizing the use of college vehicles within 48 hours any conviction for driving under the influence of alcohol or drugs, moving traffic violations, license suspension, or license revocation that occurs regardless of whether or not the driver was operating a college or district-owned, rented or borrowed vehicle. The driver's supervisor shall immediately forward this information to the district Risk Manager. Failure to report information as required under this paragraph may result in disciplinary action and the loss of authority to operate a vehicle in the performance of employment responsibilities.
  4. The driver of a college or District-owned, -rented or -borrowed motor vehicle shall not use a cellular telephone or similar communication device while operating the vehicle.

Adopted through the Administrative Regulation approval process, August 7, 2003
Note: The training component of this regulation will be administered through a web-based program that will allow employees to complete training on-line. Implementation of this regulation is expected to begin October 1, 2003.

4.15 Retrieval, Disclosure and Retention of Records

Introduction

The Maricopa County Community College District (MCCCD) is subject to the State’s broad public records law, obligating it to produce records under a public records request and to retain those records in a consistent manner throughout MCCCD.

That same expectation of consistency in public records production, retention and disposal applies to records that are requested through a subpoena, warrant, judicial or administrative order, litigation discovery document or as part of an MCCCD grievance, investigation or review. So, while MCCCD is composed of 10 colleges, two skill centers, several centers and the District Office, its ability to retrieve, disclose and retain public records must be subject to a single set of standards and one process.

Centralized Authority

Under this administrative regulation, the authority to manage MCCCD public records is centralized in the Manager of the Office of Public Stewardship (Manager). This authority extends to responding to or overseeing the response to public records requests in compliance with State law and establishing standards for the retention, retrieval, disclosure and disposal of public records.

The authority also extends to having access to the electronic records of an MCCCD employee or a Governing Board member under the procedures and narrow circumstances specified in this regulation. Under those circumstances and procedures, the Manager and the Vice Chancellor of Information Technology or his designee/supervisee are authorized to access those electronic records using third-party technology tools that MCCCD has purchased. The Vice Chancellor may, after conferring with the Manager and General Counsel, authorize access on a case-by-case basis to a non-District Office information technology employee on the request of the College President who supervises that employee justifying the need for access, the scope of the access, and the duration that access is needed.

Public Records Generally

Under Arizona’s public records law, MCCCD must make records in its custody open for public inspection by any person, and to provide any person with copies on request. That mandate includes records that reside in electronic form. MCCCD also must preserve those records according to the standardized retention and disposition schedules approved by the Arizona State Library, Archives and Public Records applicable to Arizona Community Colleges and Districts (Retention Schedule). See Arizona Revised Statutes §§39-121 et seq.

MCCCD employees and Governing Board members should presume that all work-related records that they produce during work hours as well as communications and attachments sent or received electronically in the performance of duties relating to MCCCD (whether through an MCCCD technology resource or other technology resource) are public records. The MCCCD General Counsel and the Manager will make the final determination of whether something is a public record or not under the law.

Individual Employees’ and Governing Board Members’ Responsibility to Comply

Arizona State Library, Archives and Public Records places the responsibility to manage public records in compliance with the law on the individual MCCCD employee or Governing Board member. It does not matter whether the record is in paper or electronic form. The responsibility is the same–on the individual.

Where a record is only in electronic form and resides within MCCCD’s technology resources, an electronic record that an employee deletes may still be retained through the normal operation of those resources. However, the law as interpreted by the Arizona State Library, Archives and Public Records does not place primary responsibility for retention of those records on MCCCD technology resources. The primary responsibility for managing each individual employee’s or Governing Board member’s electronic records is squarely on that employee or member. The Arizona State Library, Archives and Public Records has made that clear despite potential practical barriers to easy compliance, such as a limitations on memory within an MCCCD employee’s computer.

Note that it is a violation of MCCCD’s Administrative Regulation 4.4, “Technology Resource Standards,” for an employee to delete or alter an electronic public record in violation of public records retention requirements, or in anticipation of receiving or after receipt of a public records request, subpoena, a request for records as part of an MCCCD grievance, investigation or review, or other lawful request for the record.

The standards for retaining and disposing of records are discussed in more detail under the next section of this regulation.

Understanding and Applying Record Retention and Disposal Standards

The official Retention Schedule is available at: Arizona State Library, Archives and Public Records

The Arizona State Library, Archives and Public Records’ “rule of thumb” places public records into four categories based on their content: administrative, legal, fiscal research, or historical. Records of historical value must be retained permanently. For records in the other three categories, the length of time that the record must be maintained and then disposed of varies. Additionally, the description of the types of records in the Retention Schedule is by general subject matter (such as “EEO/Affirmative Action” or “Fiscal/Business Operations”), and not by the descriptor “administrative,” “legal” or “fiscal research.” A single record may have content that places it under more than one category with differing retention requirements. In those cases, the employee or Governing Board member should keep it for the longest duration specified in the Retention Schedule.

The Retention Schedule requires public employees and officers to maintain electronic records in their original form. A paper copy of the electronic record does not comply with the standards in the Retention Schedule. All public employees and governing board members, including those for MCCCD, have an obligation to retain electronic records even when they are leaving public employment or as a member of a public governing board.

Information is available on MCCCD’s Public Records website to assist employees and Governing Board members in making retention determinations. See Records Retention and Disposition-schedules. If an employee or Governing Board member has questions about the time period for which a record should be retained, he or she may contact the Manager for assistance.

The policy of Maricopa is to use its best efforts to comply with the Retention Schedule in a consistent and systematic manner. Compliance requires cooperation and diligence, particularly when it comes to retention of electronic records. The daily volume of electronic records produced, the speed in which they are created and sent, and the storage limitations on MCCCD servers make adhering to the Retention Schedule complicated.

For electronic records, this administrative regulation recommends a general retention/disposal standard for employees and Governing Board members of one year from the creation or receipt of the record. During that time, the employee or Governing Board member is encouraged to review the Retention Schedule to determine if a shorter or longer period of time is required. If the employee or Governing Board member believes that retention beyond a year is required, he or she may forward the electronic record to the following website: [URL to be inserted].

Finally, MCCCD employees and Governing Board members are reminded not to retain records beyond the period of time that the Retention Schedule requires.

District Office and College Records Officers

To implement the standards specified in this administrative regulation, each College President shall appoint a Records Officer from among the College’s Vice Presidents to coordinate public records requests, subpoenas, warrants, judicial or administrative orders, litigation discovery documents, or records as part of a grievance, investigation or review (collectively, “requests”) with the Manager. The Records Officer shall notify the Manager of records requests made directly to the College and be responsible for preparing a response plan for records residing at the College. The plan should include determining the possible location of the records, College staff to assist with the search and retrieval of the records, the scope of the search, the need for search confidentiality and a projected completion date for the search. For records requests that are initiated through the Manager’s office or that seek records at more than one College, the Records Officer shall develop the plan with the Manager. The Manager shall serve as the Records Officer for the District Office.

The Manager will maintain a list of records requests. Either the Manager or the Records Officer shall, to the extent practicable, keep a copy of the entire set of records produced pursuant to a request.

MCCCD employees or Governing Board members who seek access to MCCCD public records for reasons other than MCCCD business shall be required to submit a public records request as though they are an outside party.

Timeliness of Request Response

Arizona’s Public Records Law states that “[t]he custodian of [public] records shall promptly furnish such copies. . .” See Arizona Revised Statutes §39-121.01-D-1. The Records Officer and, where applicable, the Manager shall be responsible for determining a reasonable date by which the search and copying of documents should be complete, based on criteria such as the size and scope of the request and the availability of staff to conduct those activities. However, it is the policy of MCCCD to proceed with due diligence to accommodate requests as quickly as circumstances permit and, in the case of public records requests, subpoenas, warrants and discovery documents, to comply with the time standards specified in the law, by law enforcement, by judicial order, or by rules of court. An MCCCD employee or Governing Board member who believes that a timeline established by the Records Officer and the Manager is unreasonable shall immediately advise them in writing of the reasons and recommend an alternative plan for review by the Records Officer and the Manager.

Record Holds

The Chancellor, Manager or General Counsel may direct that some or all MCCCD employees and Governing Board members place a hold on deleting records relating to particular subjects or issues. Once the Chancellor issues that directive, employees and Governing Board members are prohibited from deleting or altering the records that are subject to the hold until the Chancellor, Manager or General Counsel advises that the hold is lifted. Situations in which holds are likely to occur include but are not limited to litigation involving MCCCD and law enforcement investigations.

Access to Electronic Records

Investigative Access. There are circumstances under which the General Counsel, the Manager or a College President needs to have access to an employee’s e-mail communications or other electronic records without advising the employee. Those situations generally occur when: MCCCD is served with a subpoena, a warrant, or judicial order that requires confidentiality; confidentiality is directed by a law enforcement agency; or the employee is subject of an MCCCD grievance, investigation or review that the Manager determines, after initial review, requires access.

If a College President believes that he or she needs access to an employee’s e-mail communications or other electronic records, the President shall discuss the matter with the Manager. Only the Manager may request, and only the General Counsel or an Assistant General Counsel acting in the General Counsel’s absence may authorize, access to an employee’s e-mail and electronic records for investigative purposes. Authorization shall be in writing and define the scope of the access required to conduct the review. As specified in the section of this administrative regulation entitled “Standard for Search Capabilities Regarding Electronic Records,” each College’s e-mail system shall authorize the Manager and the Vice Chancellor of Information Technology or his or her designee/supervisee to have direct access to conduct a search without the need to rely on the information technology staff of the College. The standards for search capabilities shall apply regardless of the centralized ability of the Manager and the Vice Chancellor to conduct a search as described in the section under this administrative regulation entitled “Centralized Authority.”

If the requirement for confidentiality is removed, the Manager may but is not obligated to advise the employee that his or her e-mails or other electronic records were accessed. An employee who believes that his or her e-mail or electronic records were illegally accessed shall notify the General Counsel in writing of the reasons. The General Counsel’s determination regarding the legality of access shall be conclusive.

Operational Access. There may be operational circumstances that require access to an MCCCD employee’s electronic records in the absence of the employee, such as when the employee is on vacation or ill. Like paper documents on an employee’s desk or files, electronic records belong to MCCCD and need to be available for business purposes. In those instances, the College President or the Chancellor shall complete the form available at Appendix AS-13 and submit it for approval to the Vice Chancellor for Information Technology or his or her designee for approval. The College President shall provide a copy of the approved form to the employee whose electronic records were accessed.

Access to Former Employees’ Records. All records should be maintained according to value and the respective retention schedule. An employee who resigns or retires from his or her position at MCCCD shall contact his/her direct supervisor about preserving his or her electronic records before his or her departure. Those records shall be transferred to a storage device and provided to the supervisor.

Standard for Search Capabilities Regarding Electronic Records

All electronic records systems serving Maricopa shall be capable of doing the following, which are minimum standards for access:

  • Automated archival process for messages and documents sent and received with the capability of implementing different archiving standards by type of record as specified in the retention and disposition schedules approved by the Arizona State Library, Archives and Public Records
  • Destruction according to that same retention schedule (life cycle of item per schedule)
  • Capability to search for words or terms within headers and message or document text,
  • Assurance that messages and other records cannot be changed or deleted (message integrity)
  • Access to the Manager and the District Office’s Information Technology Department to search, retrieve and delete under the circumstances specified in this administrative regulation
  • Audit to determine who logs in, searches, retrieves, deletes
  • Capacity, longevity, security, recovery
  • Ability of MCCCD to maintain ownership of the records
  • Ability to place holds on records subject to a request
  • Pull records within a reasonable period of time after the initiation of the search command
  • Restore records in their original format and to the individual level, with restoration occurring ____ minutes of the initiation of the restore command
  • Preservation of past records and well as new ones when switching to a different communications system

The Chancellor or the Chancellor’s designee shall have the authority to approve an electronic records system that does not have one or several of the capabilities specified above when the unique needs of a Maricopa entity require use of that system, and safeguards are in place to assure that use of the system will permit the recording and retrieval of records as required by law.

Requests for Copies

A Maricopa employee may request that electronic communications created by him or her or written directly to him or her be restored from backup in the case of a hardware or system failure where the electronic record has passed through the District Office’s server. All such requests must be reviewed and authorized by the General Counsel.

After review and authorization by the General Counsel, requests for copies of electronic communications will be forwarded to ITS security services. ITS security services will comply with the request and coordinate retrieval of the information within seven business days.

AMENDED through the Administrative Regulation approval process, June 27, 2011
ADOPTED through the Administrative Regulation approval process, February 24, 2004

4.16 Maricopa Integrated Risk Assessment

Purpose

The Maricopa County Community College District (MCCCD) endeavors to be an innovative, flexible higher education institution that encourages risk assessment and management as an integral process for carrying out our mission to promote and enhance student learning and success. MCCCD also embraces a comprehensive approach to risk management that promotes broad strategic thinking and analysis, while fundamentally integrating our institution’s vision, mission, and values. To this end, risk management will provide our institution with the superior capabilities to identify, assess, and manage the full spectrum of risks and opportunities and to enable management, faculty and staff at all levels to better understand and manage risk.

Background

In March 2000, the Maricopa County Community College District Governing Board, with support from the Chancellor’s Executive Council (CEC), approved an initiative to embed ongoing risk assessment and management into MCCCD’s daily operations and culture. The CEC has reaffirmed its support and commitment in July 2003, August 2004, and September 2005 and will reaffirm its support annually thereafter. This initiative is called the Maricopa Integrated Risk Assessment (MIRA) project and it extends beyond traditional risk management to embrace a wider view of risk management called Enterprise Risk Management (ERM). While traditional risk management focuses on insurable and hazard risks, enterprise risk management is a process and management tool to address all sources of risk that would threaten strategic objectives.

Approach to Risk Management

MIRA shall be collaboratively integrated into existing management processes and daily operations. To ensure that we achieve our strategy, MIRA provides our employees with the tools and capabilities to overcome barriers that arise in striving to exceed expectations. By realizing that risk management is everyone’s job, our management, faculty, and staff shall proactively identify risk while delivering high quality education to our students in a more efficient and cost effective manner. MIRA allows our employees to view issues from various angles to identify not only the risk mitigation activities, but also to seek out and act on potential opportunities—therefore challenging conventional wisdom to create better solutions.

Employee Responsibilities

It is the responsibility of every employee to identify, assess, and manage risks and opportunities individually, throughout our organization, and to collaboratively strive for continuous quality improvement and the efficient and effective use of our resources. All management, faculty and staff are expected to demonstrate appropriate standards of behavior in the development of strategy and pursuit of expected outcomes. All Board-Approved employees shall be required to participate in training that focuses on risk identification, assessment, and management, and this training shall be rigorous, practical, and application-based. Board-Approved employees includes those who have or could attain permanent status, one year only, one semester only, Skill Center and specially funded employees. Newly hired Board-Approved employees shall be required to participate in training during their probationary period or within one year of their hire date and every three years thereafter. This training shall be incorporated into other mandatory training and/or shall be stand-alone training. Existing Board-Approved employees shall be required to participate in training within two years after the adoption of this administrative regulation and every three years thereafter. The District shall consider ways of training temporary employees once initial training of Board-Approved employees is complete.

General Expected Outcomes

Expected outcomes include:

  • Increased overall effectiveness and accountability
  • Sound business processes; greater assurance of business continuity
  • Clear demonstrated compliance with applicable laws and regulations
  • Enhanced employee empowerment and pride
  • Reinforcement of the strong MCCCD cultural identity
  • Enhanced competitive advantage

The MIRA project shall establish a philosophy of fostering continued evaluation of effectiveness and efficiency of organizational leadership, systems, and strategies. Ultimately, accountability for resources—human, financial, intellectual, physical, and technical—will be impacted at every level of MCCCD.

Annual Review for Effectiveness

Each year the MIRA project committee shall measure progress and monitor results. This information will be presented in an annual report to the Governing Board and the CEC. This report will be submitted by August 31 of each fiscal year.

AMENDED through the Administrative Regulation Approval Process (technical correction), December 5, 2007
AMENDED by the Governing Board on November 27, 2007, Motion No. 9454
ADOPTED by the Governing Board on February 27, 2007, Motion No. 9416

4.17 Voluntary Payroll Deduction

  1. Voluntary payroll deductions may be made for reputable charitable organizations and programs approved by MCCCD including, but not limited to, employee association dues, gifts to The Maricopa Community Colleges Foundation, US Savings Bonds, tax-shelter annuities, Sun Sounds, KJZZ, and KBAQ, and others. Prior to deductions being made for a particular organization or program, the Vice Chancellor for Human Resources, on behalf of MCCCD, shall first approve written requests for deductions in accordance with this regulation and Governing Board Policy. No consideration for approval will be given if the charitable organization exists under the umbrella of a larger fund-raising group. (See Appendix AS-4—Voluntary Payroll Deduction Procedures)
  2. Any organization or program for which voluntary payroll deductions may be approved shall meet the following requirements:
    1. Principals on behalf of the organization or program shall submit a written request per published procedures to the Vice Chancellor for Human Resources for approval to receive voluntary payroll deductions.
    2. No fewer than one hundred (100) MCCCD full-time Governing Board approved employees shall have expressed interest in directing payroll deductions to the organization or program.
    3. Principals on behalf of the organization or program seeking approval shall have secured the expression of interest of 100 MCCCD full-time Governing Board approved employees as required in this regulation.
    4. Principals on behalf of the organization or program seeking approval shall provide the Vice Chancellor for Human Resources sufficient information about the program in order for a determination to be made in accordance with this regulation.
    5. After review by committee and upon approval by the Vice Chancellor for Human Resources, the principals shall submit a request to the Payroll Department to establish a new deduction code at least 6 months before deductions are anticipated to begin. Deductions will be implemented commencing on January 1 and July 1. The request for a new deduction code should be submitted along with a sample form that will be used by participants when making requests for the deduction to begin. The form shall include at least the following information: employee name, location, employee ID, dollar amount to be deducted per payroll, requested date for deduction to start, language authorizing MCCCD to make the deduction, and the employee’s signature and date the form was signed.
  3. In determining whether to approve voluntary payroll deductions for a particular organization or program, the Vice Chancellor for Human Resources and committee shall consider the following factors:
    1. the similarity between the important characteristics of the program and those of a program previously approved for receipt of voluntary payroll deductions;
    2. the proportion of contributions received by the program that are devoted to administrative costs and expenses, in relation to amounts received by the ultimate beneficiary;
    3. the degree to which amounts received from voluntary payroll deductions directly benefit residents of Maricopa County;
    4. the degree to which the program advances the interests of MCCCD employees;
    5. program consistency with MCCCD Vision, Mission and Values.
  4. The Vice Chancellor for Human Resources and committee shall consider requests for approval of programs to receive voluntary payroll deductions.
  5. Any voluntary payroll deduction issues that are not specifically addressed in this regulation require review by the Vice Chancellor for Human Resources and/or the appropriate designee.
  6. As of the date of adoption of this Administrative Regulation, “active” voluntary payroll deduction programs shall be exempted; however, prior programs considered to be “inactive” shall meet the established thresholds and standards outlined in this Regulation to be eligible for reinstatement.

APPROVED through the Administrative Regulation approval process, June 19, 2007

4.18 Consensual Relationships

  1. General 
    The existing Governing Board Policy on Hiring of Relatives prohibits employees from being involved in any employment or key decision that involves a relative. This would include work performance, job assignments, or pay related matters. In that such relationships can create a conflict with the interests of the Maricopa Community Colleges, and the increased potential for nepotism and favoritism, the same principles also apply in the case of consensual amorous, romantic and/or sexual relationships that occur between employees or between employees and students.

     

    In the work and academic environment, such a relationship that might be appropriate in other circumstances is inappropriate if one of the individuals in the relationship has a professional responsibility toward, or is in a position of authority with respect to, the other, such as in the context of supervision, instruction, coaching, counseling or advisement. An element of power is present in such a context and it is incumbent upon those with authority not to abuse that power. In addition, consensual relationships may yield to third parties the appearance that unfair bias or favoritism towards the student or supervisee is taking place.

    1. Definitions
      1. Consensual relationships are defined as romantic, amorous and/or sexual relationships between consenting employees or between employees and adult (18 years or older) college students currently enrolled at one of the community colleges.
      2. An employee is any individual who is employed by the Maricopa County Community College District (MCCCD). An employee includes an individual who is subject to an established employee job group policy manual, whether regular, full-time board approved, at-will, part-time, and/or temporary. An employee also includes a contract worker (special services employment, request for personnel services) working or serving as an agent or designee on behalf of the MCCCD.
      3. student is considered to be any person currently enrolled in a credit or non-credit class at one of the colleges or centers within the Maricopa County Community College District.
      4. vendor is someone who sells or can sell products or services to the Maricopa County Community College District.
      5. recent consensual relationship is considered to be one that has taken place within the past 24 months.
    2. Prohibited Conduct
      1. An employee shall not maintain, engage in or be involved in a consensual relationship with another employee who is subject to that individual’s supervision or with a student that is currently enrolled in the individual’s class, or a student whom the individual otherwise instructs, coaches, counsels or advises, or with a vendor if the employee manages that contract or otherwise exerts influence over the contract.
      2. The Governing Board recognizes that the personal life of its employees is not a concern of the institution, and therefore, this regulation does not seek to prohibit romantic relationships that exist between parties where the context of power-authority between employees or between employees and students is not present; and provided that the relationship does not affect the employee’s effectiveness in fulfilling his or her professional obligation. For these instances, appropriate measures should still be taken in order to avoid conflicts of interest from occurring. For relationships that may exist prior to the time that either a student or employee is placed in a situation of instruction or supervision that is considered to be a conflict of interest, the employee(s) involved shall disclose and take immediate measures to avoid the conflict or appearance of conflict.
  2. Procedures for Disclosure 
    Employees should first avoid allowing an inappropriate consensual, amorous or sexual relationship to develop with a supervisee or student.
    1. Where the employee is already in or has had a recent consensual relationship with a supervisee, the following procedures shall be followed:
      1. Immediate disclosure by the employee of the relationship to their supervisor and to the appropriate Vice President or Vice Chancellor in order to ensure that any conflicts of interest have been adequately addressed.
      2. The respective administrator responsible for the department or division shall place the subordinate under alternate supervision when a supervisor under his/her direction has or has had a recent consensual relationship with the employee.
      3. The supervisor shall recuse himself or herself from any discussions or involvement with decisions related to evaluations, promotion, hiring, determination of salary, or continuation of contract or employment.
      4. The respective Vice President or Vice Chancellor shall prepare and retain a report that specifies the appropriate alternate arrangements that have been made to eliminate the conflict of interest. The EEO/AA Office shall be provided a copy of the report along with the employees involved in the relationship.
    2. Where the employee is already in or has had a recent consensual relationship with a student prior to enrollment in his or her class, the following procedures shall be followed:
      1. The faculty member shall counsel and advise the student not to enroll in his or her course.
      2. The Consensual Relationships Policy will be made available to students via the student handbook and other appropriate communications vehicles.
      3. If it is not possible for a student to enroll in another course, section, or course and section at another college due to a requirement for completion of a degree or certificate and no other academic option is available, disclosure of the relationship will be made to the appropriate Department Chair, Dean and Vice President of Academic Affairs or Vice President for Student Affairs as appropriate for review. The Vice President will refer the matter to the Vice Chancellor for Academic and Student Affairs for consideration. The Chancellor or his/her designee may allow a student to enroll in the class only upon a showing by the student that the enrollment is necessary to avoid an extreme hardship, and upon a showing by the college President or designee that the academic integrity of the student’s enrollment in the class will nevertheless be maintained.
  3. Persons who are married, or were married, are included within the definition of persons that have or who have had a consensual amorous relationship. Disclosure in this instance may be made via the Maricopa Disclosure process [The Annual Acknowledgement and Disclosures form may be found in the Employee Learn Center. Employee credentials are needed to enter secure site].
  4. An employee who fails to follow the requirements established in this policy and who does not withdraw from participation in activities or decisions that may reward or penalize a supervisee or student with whom the employee has or has had a recent consensual amorous relationship, will be considered in violation of policy and will be addressed in accordance with established processes in job group policy manuals.

APPROVED through the Administrative Regulation approval process, February 25, 2009

4.19 Use of MCCCD Marks

  1. Background 
    The Maricopa County Community College District owns and controls its name and the names of its colleges as well as names that have become associated with them such as the “Maricopa Community Colleges,” and all logos, insignia, mascot designs and other marks that the District or its colleges uses (collectively called “Marks”). The District has registered many of these with the United States Patent and Trademark Office.

     

    The purpose of this licensing regulation is to protect the integrity of the District’s Marks and to enhance the positive image of the District and its colleges through approval of the use of the Mark by licensees who adhere to District standards.

    This regulation provides guidance on permissible use, as well as restrictions on the use, of the Marks. It also designates responsibility for granting permission through written license agreements. An outside party’s use of the Marks without a license as required under this regulation is prohibited and may constitute trademark infringement, trademark dilution and unfair competition in violation of federal and state laws.

  2. Who Should Use This Regulation 
    This regulation applies to outside entities such as educational service providers or collaborators, suppliers or manufacturers of commercial and non-commercial products or services wishing to be associated with the Marks. It also applies to any person, regardless of whether or not they are an employee, student, or alumni of the District, who wishes to use the Marks for something other than a District-sponsored activity. Finally, it applies to Faculty, staff, students, academic departments, ad hoc campus groups, administrative divisions/departments, alumni organizations and student organizations.
  3. Approval of and Monitoring the Use of the Marks
    The District Director, Purchasing & Auxiliary Services in conjunction with the Legal Services Department on legal issues and the District Director of Marketing on design and marketing issues, is responsible for approving the use of the Marks under this regulation.
  4. General Guidelines for Use of the Marks
    The Marks are intended to be a positive image of the District. They may not be altered in any way from the graphic specifications approved by the District’s Marketing Department, relating to the use of the Maricopa Community Colleges Marks, or, for the Colleges, by each College’s Marketing Director. Additionally, the Marks may not be used in the name of a business, in a logo or design, in promoting services or products, or on a product in a way that states or implies an endorsement by the District.

    The Marks may not be used in any way that discriminates or implies discrimination against any persons or groups based on age, ancestry, belief, color, creed disability, national origin, race, religion, sex, sexual orientation or veteran status, or in any other way that would be a violation of the District’s anti-discrimination policies.

    The use of the Marks in conjunction with the following types of products, services or designs will not normally be approved:

    • Products that could be used to injure or kill
    • Alcohol and alcohol-related products Tobacco and tobacco-related products
    • Sexually suggestive products or designs
    • Legally controlled substances
    • Religious affiliated products, services or designs
    • Political products, services or design
    • Products or services that present an unacceptable risk of liability
    • Products or services that are inimical to the mission or image of the District or that aren’t, in the sole discretion of the District, in good taste.
  5. Commercial Use 
    Use of a Mark in connection with any commercial or for-profit purpose, including on the web, requires a license agreement with the District and the payment of royalties. Royalties will be directed to the accounts of the College or other District entity whose Marks are being used. The Legal Services Department may approve contract provisions in which a third party requests that it be permitted to use a Mark to identify that the District or its Colleges are customers, but only if the provision states that the District Director, Purchasing & Auxiliary Services must approve the use in advance and that the use cannot suggest in any way that the District or its Colleges endorses the third party’s products or services.
  6. Non-Commercial or Non-Profit Use
    Faculty, staff, students academic departments, ad hoc campus groups, administrative divisions/departments, alumni organizations and student organizations may use the Marks for District-sponsored or co-sponsored activities and events so long as the use adheres to the graphic standards set forth in Paragraph 4. Any other non-commercial or non-profit use of the Marks requires permission. Additionally, payment of a royalty may be required, depending on the non-profit use for which the license for the Marks has been requested.

TECHNICAL UPDATE, September 13, 2017

ADOPTED through the Administrative Regulation approval process, January 25, 2010

4.20 Social Media

Introduction

The goal of Maricopa County Community College District (MCCCD) use of social media is to foster an online community for various MCCCD constituents, reflecting the vision, mission and values of our organization. Although these sites are outside the direct control of the institution, MCCCD maintains an interest in how it is portrayed by them. Social media should be used to enhance communications, providing value to the institution’s target audiences.

This regulation does not apply to an individual’s private use of social media on private resources. Instead, this administrative regulation establishes standards for employees, students, and Governing Board members who create, administer or post to social media pages on behalf of MCCCD and the use of public resources. They should be seen as supplementing, and not in lieu of, existing Governing Board policies & regulationsofficial public stewardship responsibilitiestechnology resource standardsmarketing & communications guidelines, and other applicable laws and administrative standards. It is important to remember and respect the privacy of others when using social media in the context of the educational setting. When posting photographs, videos, quotes or recorded statements of individuals on MCCCD social media pages, forms that authorize the Maricopa Community Colleges (including its colleges and related entities) may be required for their use; for instance, when interviewing or photographing an individual for a story that will be posted on-line. Forms are available at the following link: chancellor.maricopa.edu/marketing-communications

As with any other publicly funded resource that is used in an academic environment, the use of social media as a communications tool by agents who are acting and serving on behalf of the MCCCD is also subject to applicable laws and administrative regulations. Likewise, in accordance with Arizona Revised Statute 15-1408, a person acting on behalf of a community college district or a person who aids another person acting on behalf of a community college district shall not use community college district personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections. Except for what statutorily allowed for bond elections, using public resources to influence the outcomes of elections is strictly prohibited. This prohibition includes the use of technology resources.

Except as previously noted, this language does not prohibit community college districts from permitting student political organizations of political parties, to conduct lawful meetings in community college buildings or on community college grounds. Each student political organization that is allowed to conduct lawful meetings on community college property shall have equal access as any other student political organization that is allowed to conduct lawful meetings on community college property.

Nothing contained in this regulation shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions, nor does it seek to impede upon the tenants of academic freedom that are extended to faculty.

Definition

Social media can be defined as media based on the use of web and mobile technologies that allow for user-generated exchanges of information. Social media are powerful communication tools, enabling collaboration and communication as an interactive dialogue, enhancing the value of conversations across a global audience.

Social media includes but is not limited to social networking sites, collaborative projects such as wikis, blogs and micro-blogs, content communities, virtual game worlds, and virtual communities.

Institutional Social Media

Institutional Social Media includes various sites, projects, virtual communities, that are created specifically on behalf of the MCCCD, its locations and agents, and that exist to serve as official MCCCD communications. Creation and use of social media sites on behalf of MCCCD and its member institutions is for business use, such as for educational, research, service, operational, marketing and management purposes. Likewise, data, voice, images, videos and links posted or transmitted via MCCCD’s technology resources are limited to the same purposes.

Authorization to create and administer social media sites on behalf of MCCCD must be coordinated through the corresponding district or college marketing department. Marketing departments are the official keepers of the MCCCD brands, and must ensure that all MCCCD social media sites are branded correctly, visually and with the right voice. It is appropriate to post to MCCCD authorized social media sites if posts are directly related to MCCCD business.

Social media sites have varying levels of privacy settings and terms of agreement. Agents posting on behalf of MCCCD and its member institutions must be aware of the social media site’s privacy policy, terms of use and community guidelines. Be aware that no social media privacy option completely protects information being shared beyond desired boundaries. FERPA and HIPAA privacy laws apply to posting or transmitting of confidential information to social media sites.

Under Arizona’s public records law, MCCCD is required to transact business so that its records are accessible and retrievable. If a public records request is made, MCCCD has the responsibility to disclose the information, except in a few specific instances. All information stored or transmitted via social media must follow records management, retention and maintenance practices. A MCCCD district or college email address ending in .edu must be used for communications to and from social media sites.

Records are retained for the period of time required by law, and disposed of according to mandates established by Arizona State Library, the state agency tasked with setting standards for record retention, in accordance with archives and public records law.

Employee Guidance for Participating in Social Networking

Employees should remember that students and the community might judge them and MCCCD by their posts. Employees should be honest and transparent about their identity and role at MCCCD. Maintain accuracy by verifying facts before posting information via social media. Exercise restraint and show respect for the opinions of others. Do not use MCCCD-related social media to promote services, products or organizations that are unrelated to MCCCD or its business. MCCCD public officials, employees and Governing Board members should use good judgment in connecting with others via social media sites.

Employees will keep their personal social media sites separate from MCCCD social media. In personal posts, employees may identify themselves as an MCCCD faculty or staff member. MCCCD telephone numbers, email addresses, and images are not to be posted by employees on personal social media sites. Employees need to be clear that they are sharing their views as a member of the higher education community, not as a formal representative of MCCCD or its member institutions.

Student Guidance for Participating in Social Networking

Students are not restricted from using social media. However, they must understand that any content made public via MCCCD social media sites is expected to follow acceptable social behaviors and comply with Arizona revised statutes, federal laws, student handbooks, the student code of conduct regulation and other MCCCD policies and administrative regulations.

While the existing administrative regulation for Technology Resource Standards allows for a measure of incidental computer and technology usage for personal purposes, students must also abide by Arizona constitutional and statutory mandates regarding the use of public resources for personal use. The acceptable use of public technology resources is further defined in Administrative Regulation 4.4, “Technology Resource Standards” and personal usage is subject to the limitations outlined in this regulation.

A student who feels that he/she has been treated unfairly or unjustly by a faculty member (full-time or part-time) with regard to communications conducted via MCCCD social media sites must follow the formal Instructional Grievance Process.

Inappropriate Content

The malicious use of MCCCD social media, including derogatory language about any member of the MCCCD community; threats to any third party; incriminating photos or statements depicting hazing, sexual harassment, vandalism, stalking, underage drinking, illegal drug use, or any other inappropriate behavior, will be subject to disciplinary action.

Employees should be advised against perpetuating negative media from official MCCCD social media sites or damaging the MCCCD brands in any way. This type of negative social media engagement from official MCCCD sites can result in a loss of privileges to use social media in any official capacity.

The following list includes, but is not limited to, inappropriate content posting to social media sites:

  1. Conducting MCCCD business using social media sites that are not authorized as an official means of communication per marketing standards and processes.
  2. Posting confidential or propriety information about Maricopa students, alumni and employees that is in violation of MCCCD policies, HIPAA or FERPA.
  3. Violating any provision of MCCCD’s Technology Resource Standards.
  4. Violating any provision of the Student Conduct Code.
  5. Posting comments to MCCCD authorized social media sites that are not directly related to MCCCD business or accomplishing work-related goals.
  6. Posting any text, images or links to content that violate MCCCD’s Copyright Policy.
  7. Violating MCCCD’s Harassment policy.
  8. SPAM comments. All platforms that enable comments should be reviewed regularly for SPAM, removing SPAM comments as quickly as possible.
  9. Violating the terms of use, conditions or community guidelines as defined by each social media platform.

MCCCD Identity

Use of any MCCCD and its member institutions’ logos, marks or likeness on personal social media sites is forbidden. Social media sites established for conducting MCCCD business must adhere to established graphic identity standards. Identity standards are posted at: chancellor.maricopa.edu/marketing-communications

Disclaimer

Every social media site must make an effort to display or link to the following disclaimer (or some version of it) in a conspicuous manner:

All information published online by MCCCD is subject to change without notice. MCCCD is not responsible for errors or damages of any kind resulting from access to its Internet resources or use of the information contained therein. Every effort has been made to ensure the accuracy of information presented as factual; however errors may exist. Users are directed to countercheck facts when considering their use in other applications. MCCCD is not responsible for the content or functionality of any technology resource not owned by the institution.

The statements, comments, or opinions expressed by users through use of Maricopa's technology resources are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views of the Maricopa County Community College District.

Enforcement

Complaints or allegations of a violation of these standards will be processed through MCCCD’s articulated grievance procedures, Student Conduct Code or resolution of controversy.

Upon determination of a violation of these standards, MCCCD may unilaterally delete any violating content, and terminate the user's access. It is the user's responsibility to demonstrate and/or establish the relevance of content in the event that a content complaint is made official. Users retain the right to appeal actions through MCCCD’s grievance process or resolution of controversy.

See AS-11 MCCCD Social Media Best Practice Guidelines for more information.

ADOPTED by the Administrative Regulation Process, November 7, 2011

4.21 Breathe Easy Tobacco Free | Smoke Free

Enforcement Guidelines

The Maricopa County Community College District has made the commitment toward a healthier environment for employees, students and guests. On July 1, 2012, all district colleges and district-owned facilities will become tobacco-free. Although the district has undertaken an expansive educational campaign, including a broad cessation component, we recognize that violations of the regulation will occur.

The MCCCD Department of Public Safety has been tasked with enforcing the new regulation. Public Safety recognizes its responsibility to enforce this regulation and similar policies with restraint and diplomacy. In enforcing the Smoke Free/Tobacco Free regulation, employees of Public Safety will consider first and foremost the educational component of compliance. The enforcement guidelines below are meant to assist Public Safety employees in their interactions with smokers that will result in a positive experience for violators.

Despite extensive efforts to make our populations aware of the new regulation, Public Safety realizes that some people will be unaware of the change. Initial contact with violators of the Smoke Free/Tobacco Free regulation will be used as an opportunity to educate smokers of the regulation’s existence and solicit voluntary compliance. The Public Safety employee making initial contact with the violator will offer information about the regulation and provide cessation resource information if the violator is interested in receiving it. In order to properly track violators and enforce the regulation, the following guidelines will be followed by Public Safety.

All violators will receive an initial warning about the prohibition of tobacco use on district property. For students, subsequent violations by the same offender will result in a referral of the student to the Dean of Student Affairs or designee. This referral will be made via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning. All Smoke Free/Tobacco Free violations should be treated in the same manner as any other Student Code of Conduct violation. For employees, subsequent violations by the same offender will result in a referral of the employee to the Vice President of Administrative Services or designee. This referral will be made via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning. All Smoke Free/Tobacco Free violations should be treated in the same manner as any other Human Resource policy or regulation violation. For visitors, subsequent violations by the same offender will result in the violator being escorted from district property and a no-trespass order issued for a period of 30 days. This ban will be documented via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning. Visitors subjected to the no-trespass order may apply for reinstatement of their privilege to visit district property through the office of the Commander of Public Safety at that facility. Repeated violations by visitors will result is a no-trespass order being issued for extended time periods.

See also 4.12 Smoke-Free/Tobacco-Free Environment

ADOPTED through the administrative regulation approval process, June 13, 2012

4.22 Statement on Privacy

Overview

Description: In advancement of the Chief Information Officer’s operational responsibilities and in accordance with federal, state, local and international laws relevant to information privacy and security, this administrative regulation establishes Maricopa County Community College District (“MCCCD”)’s commitment to protecting the integrity and privacy of Confidential Information[1] and promoting meaningful online experiences[2] through implementation of business practices and technological measures for:

  • Protecting Confidential Information
  • Collecting Confidential Information
  • Obtaining Confidential Information
  • Using Confidential Information
  • Accessing Confidential Information
  • Disclosing Confidential Information
  • Opting Out
  • Correcting Confidential Information 

Applicability: Information Security is everyone’s responsibility. All MCCCD Personnel and Persons of Interest (“POIs”), whether through use of online technology resources[3] or other formats, are covered by this administrative regulation. MCCCD students are expected to know and comply with all current published policies, rules and regulations as stated in the college catalog, class schedule, and/or student handbook.[4]

Protecting Confidential Information

MCCCD takes important steps to protect Confidential Information.  MCCCD treats Confidential Information as confidential and encourages its Personnel and POIs to take care in handling it.  MCCCD limits access to Confidential Information to those who need it to perform their jobs.  MCCCD’s external service providers must also protect Confidential Information, and use it only to meet MCCCD’s business needs.  MCCCD also takes steps to protect its computer systems from unauthorized access. 

MCCCD works diligently to comply with applicable information security, data privacy and related laws, rules and regulations.  Student records are protected by the Family Educational Rights and Privacy Act (FERPA), Arizona law and MCCCD administrative regulations.  Employee records are protected by MCCCD administrative regulations and by Arizona law. 

As further protection of Confidential Information and the privacy rights of individuals, MCCCD holds an Office for Human Research Protections (“OHRP”)-approved Federal-wide Assurance (“FWA”) and adheres to the U.S. Department of Health & Human Services (“HHS”) guidelines whenever MCCCD is engaged[5] in human subjects research (“HSR”).  The MCCCD Institutional Review Board (“IRB”)[6] must review and approve all proposed HSR before it has begun.   

Individually identifiable health information is protected from unauthorized release if there is a reasonable basis to believe the information can be used to identify the individual. MCCCD is required by the HIPAA Privacy Rule (the “Privacy Rule”) issued under HIPAA to maintain the privacy of protected health information.  MCCCD is committed to fully complying with the Children's Online Privacy Protection Act of 1998 to the extent that it is applicable.  The Federal Trade Commission provides more information about the Children's Online Privacy Protection Act.

Collecting Confidential Information

In connection with hiring and admissions practices, MCCCD collects identifiable information, such as an individual’s name, e-mail address, home or work address, and telephone number.  MCCCD also collects demographic information such as gender, age, zip code, and interests. 

Pursuant to the HIPAA Privacy Rule and, for example, in connection with administration of its group health plans, provision of public safety practices,  and operation of its medical and dental facilities, MCCCD adheres to standards of confidentiality regarding individually identifiable health information created or received by MCCCD that relates to the following:

1. Past, present, or future physical or mental health or condition;

2. Previously rendered health care services;

3. Planned health care services; and

4. Past, present or future payments for health care services.

MCCCD reserves the right to log and monitor all activity and all data on its systems and network(s).  This may involve capturing and retaining a complete keystroke and click log of an entire session.  In addition, MCCCD may search files on individual and networked technology resources[7] to investigate a potential privacy violation.

Information about computer hardware and software is collected by MCCCD.  Web analytical tools that do not create individual profiles are used by MCCCD to analyze traffic to MCCCD websites.  MCCCD uses these tools to routinely record the following information each time MCCCD’s websites are used:

1. Internet address of the computer being used;

2. Web pages requested;

3. Referring web page;

4. Browser used;

5. Date, time and duration of activity; and

6. Volume of data storage and transfers.

MCCCD uses this information about website usage to monitor and preserve MCCCD website functionality and integrity.  Analysis of this information also helps MCCCD improve access to web content based on browser types and operating system types, by enabling MCCCD to make web content available to as many online users as practical.  MCCCD does not link this collected information to the personal information that an individual may actively submit online when participating in or registering for programs and activities. 

Some MCCCD web pages use cookies to store information, and some web-based services require cookies for access.  Cookies are short pieces of information used by web browsers to remember an individual’s specific information on subsequent visits and to personalize the online experience.  For example, if an individual personalizes MCCCD pages, or registers with MCCCD sites or services, a cookie may help MCCCD to recall their personal information, such as name, home address, phone number and other details. Cookies can be disabled on most personal computers by modifying the browser setting to decline cookies.  If, however, cookies are declined, an individual may not be afforded a fully interactive online experience. 

MCCCD accepts credit card payments online for a variety of goods and services.  To prevent unauthorized access as the credit card information travels over the Internet, credit card information handled by MCCCD, such as the cardholder's name, address and credit card number, is encrypted before transfer to any financial institution for further processing.  Credit card transactions performed by students in self-service are encrypted when noted by the “lock” icon on the web page.   

Obtaining Confidential Information

In most cases, MCCCD obtains information about an individual from the individual.  MCCCD may also use outside sources to help ensure its records are correct and complete.  These sources may include background check companies, employers, other educational institutions, adult relatives, and others.  These sources may give MCCCD reports or share what they know with others.  MCCCD does not control the accuracy of information external sources provide to MCCCD.  If an individual wants to make any changes to information MCCCD receives from others about them, they must contact those sources.

Using Confidential Information

MCCCD collects information to help it decide whether an individual is eligible for enrollment into specific MCCCD courses, participation in specific MCCCD programs, and/or employment by MCCCD departments and offices.  MCCCD may also need personally identifiable information to help deter fraud, money laundering, or other crimes.  How MCCCD uses this information depends on what educational products and services an individual has or wants from MCCCD.  It also depends on what laws apply to those educational products and services.  For example, MCCCD may also utilize personally identifiable information and individually identifiable health information to:

  • Verify financial aid eligibility and process related transactions
  • Perform research on issues affecting community colleges and collaborate with other educational institutions and states to improve student success and institutional performance
  • Confirm or correct an individual’s information
  • Market new educational courses
  • Help run and operate MCCCD
  • Deliver requested educational services
  • Establish eligibility for family medical leave, disability accommodation, and course and program placement
  • Survey opinions of current services or potential new services
  • Comply with applicable laws

Accessing Confidential Information

Students: Information about the rights of a student to access their education records in compliance with FERPA is available at https://district.maricopa.edu/regulations/admin-regs/section-2/2-5#3.

Service Providers: From time to time, individuals or companies under contract with MCCCD may have authorized access to Confidential Information in the course of the services they provide to MCCCD. 

Disclosing Confidential Information

MCCCD will not disclose Confidential Information without notice, unless it is required to do so by law or it believes, in good faith, that such action is necessary to: (a) conform to law or comply with legal process, (b) safeguard and defend the rights or property of MCCCD, or (c) act under exigent circumstances to protect the life and/or personal safety of others.  Confidential information protected by FERPA or by other laws or Board administrative regulations will not voluntarily be disclosed in response to a public records request. 

Student information: Pursuant to FERPA, MCCCD must, except under certain conditions, obtain written consent for or on behalf of a student prior to the disclosure of certain information from the student’s education records. MCCCD may, however, disclose “directory information” as listed in Administrative Regulation 2.5.3 Student Records.

Students who do not want directory information released may so indicate in writing either (a) during the admissions process or (b) by notifying the Office of Admissions and Records at every college at which they are enrolled. 

Certain information is loaded into MCCCD’s learning management systems, such as the Instructure/Canvas-based Course Management System and RioLearn Learning Management System. As a result, examples of information visible to other students enrolled in the class may include: students’ names, official MCCCD e-mail addresses and enrollment in the class.

Employee information:   Pursuant to the Arizona Public Records law, MCCCD Administrative Regulation 6.17 Requests for Public Information, and any other applicable rules and ordinances, the following are examples of information about present and former employees that may be disclosed without the employee’s prior written consent:

  • Name
  • Titles or positions (including academic degrees and honors received)
  • Fact of past or present employment
  • Dates of employment
  • Salaries or rates of pay
  • Name of employee's current or last known supervisor
  • Disciplinary Records
  • Self-Evaluations
  • Performance Reviews

Records that contain information about Personnel are not subject to release if they are works-in-progress or part of the deliberative process. Access to records that contain information about Personnel or disclosure of such information may be provided in compelling circumstances affecting the immediate health or safety of the individual and others.

Other disclosures:  Under the Arizona Public Records Law, [8] MCCCD may be required to provide information contained in MCCCD records to a third party.  Commercial users may purchase public record information, such as non-confidential lists of students and employees.  MCCCD may share aggregated information with governmental and non-profit agencies, and third-party vendors but only for legitimate educational and workforce development purposes. 

Opting Out

As noted above, students who do not want directory information released may so indicate in writing either (a) during the admissions process or (b) by notifying the Office of Admissions and Records at every college at which they are enrolled. 

Correcting Confidential Information

As previously noted, if an individual wants to make any changes to information MCCCD receives from others about them, the individual must contact those sources.

Definition(s):   As used in this administrative regulation, the following terms have the respective meanings set forth below: 

 

ARS: Arizona Revised Statutes; the statutory laws that govern the state of Arizona as formally enacted in writing by the Arizona State Legislature, such as the Arizona law that requires businesses, including, but not limited to, colleges and universities, to provide consumer notification of data breaches involving personally identifiable information.  Pursuant to ARS § 44-7501, “personally identifiable information (PII) (a) Means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not encrypted, redacted or secured by any other method rendering the element unreadable or unusable: (1) The individual's social security number; (2) The individual's number on a driver license issued pursuant to ARS § 28-3166 or number on a nonoperating identification license issued pursuant to ARS § 28-3165; or (3) The individual's financial account number or credit or debit card number in combination with any required security code, access code or password that would permit access to the individual's financial account.”  PII does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media. 

FERPA: Family Educational Rights and Privacy Act; a federal law that protects the privacy of student education records. "Education records" are "those records, files documents, and other materials which 1) contain information directly related to a student; and 2) are maintained by an educational institution.” (20 U.S.C. § 1232g (a)(4)(A); 34 CFR § 99.3). FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 

GLBA aka Financial Services Modernization Act of 1999: Gramm–Leach–Bliley Act; an Act that requires “financial institutions,” including, but not limited to, colleges and universities, to protect the privacy of their customers, including information that customers provide to a financial institution that would not be available publicly (“personally identifiable financial information (PIFI)”).[9]  MCCCD, therefore, has a responsibility to secure the personal records of its students and employees.  To ensure this protection, GLBA mandates that all financial institutions establish appropriate administrative, technical and physical safeguards.  GLBA also requires financial institutions to provide notice to customers about their privacy policies and practices, but institutions of higher education are generally exempt from this requirement, because they already do so under FERPA.  Colleges and universities complying with FERPA are considered to be in compliance with GLBA.

 

HIPAA: Health Insurance Portability and Accountability Act of 1996; an Act to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

HIPAA Privacy Rule aka Privacy Rule: A statute that (1) establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically, (2) requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization, and (3) gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.  The Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral.  The Privacy Rule calls this information “protected health information (PHI).” (45 CFR § 160.103). Individually identifiable health information” is information, including demographic data, that relates to: 

  • the individual’s past, present or future physical or mental health or condition,
  • the provision of health care to the individual, or 
  • the past, present, or future payment for the provision of health care to the individual, 

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Ibid.  Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, social security number). 

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. 

Payment Card Industry Data Security Standard (PCI DSS): Payment Card Industry Data Security Standard; a proprietary information security standard for organizations that handle cardholder information for the major debit, credit, prepaid, e-purse, automated teller machine (ATM), and point-of-sale (POS/ePOS) cards.  “Payment card information” is any personally identifiable information associated with a cardholder, such as the cardholder’s account number, account expiration date, name, address, or social security number.  All personally identifiable information associated with the cardholder that is stored, processed, or transmitted is also considered payment card information. 

Personnel: All full-time, part-time and temporary employees and faculty who work for the MCCCD organization.  

POI: Person(s) of Interest; individuals such as the following who are not considered part of the MCCCD workforce but who are still of interest to the organization:

Person of interest category Definition

Dual enrollment instructor

Individuals who teach college-level courses to high school students and are not compensated by MCCCD

Consultant

Individuals who are hired to do specialized work for MCCCD and are paid by outside sources

Agency temporary employee

Temporary agency employees who come to work for MCCCD and are paid by the temporary agency

Retired employee

Retired employees who continue a relationship with MCCCD are changed from Employee status to Person of Interest status

Call center or contract employee

Employees who provide support for some of our systems and are paid by the contracted company

Unpaid intern

An individual who is completing an internship at MCCCD for credit in their degree program

Volunteer An individual who is working at MCCCD on a volunteer basis
Vendor (e.g., Follett bookstores, Chartwells dining services, Aramark facilities services) Members of organizations that provide services to MCCCD employees and students
ESS Educational Services (e.g., hospitals providing adjuncts for nursing program and/or Fire Science/EMT department)

Members of organizations that have contractual relationships with MCCCD for specialized programs

 

Security Incident: The unauthorized access to and/or misappropriation of Confidential Information. 

Confidential Information: Information that is so deemed under applicable law.   Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Confidential Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

Technology Resources: MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

Reference(s):

 

MCCCD Administrative Regulations 2.1 General Regulation, 2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code

MCCCD Administrative Regulation 2.5.3 Student Records

MCCCD Administrative Regulation 3.8 MCCCD Institutional Review Board (IRB)

MCCCD Administrative Regulation 4.4 Technology Resource Standards

MCCCD Administrative Regulation 6.11 Identity Theft Red Flag and Security Incident Reporting

MCCCD Administrative Regulation 6.17 Requests for Public Information

Records Retention and Disposition Schedules for Arizona Community Colleges and Districts are located in the Employee Portal  [Employee credentials are needed to enter secure site].  

Contact(s):                                                        

Pursuant to MCCCD Administrative Regulation 6.11 Identity Theft Red Flag and Security Incident Reporting, anyone who notices that a MCCCD technology resource(s) is currently being or may have been used in an inappropriate fashion should contact the Chief Privacy Officer via email at protectprivacy@maricopa.edu.   

Please email info@domail.maricopa.edu with any questions and concerns about the MCCCD administrative regulations.  

Please email protectprivacy@maricopa.edu with any legal questions and/or to arrange for the evaluation of any vendors, subcontractors and/or third-party products in advance of any work or purchase. 

 

[1] Confidential Information is information that is so deemed under applicable law.  Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Confidential Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

[2] This administrative regulation addresses the District’s commitment to ensure productive experiences within the family of MCCCD Web sites.  MCCCD is not responsible for the privacy statements or other content on Web sites outside of the MCCCD family of Web sites. 

MCCCD encourages individuals to review the privacy statements of Web sites they choose to link to from MCCCD to understand how those Web sites collect, use and share information.

[3] MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

[4] See, for example, MCCCD Administrative Regulations 2.1 General Regulation, 2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code. 

[5] http://www.hhs.gov/ohrp/policy/engage08.html

[6] See, MCCCD Administrative Regulation 3.8 MCCCD Institutional Review Board. 

[7] MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

[8] Additional information about the Arizona Public Records Law may be found at https://chancellor.maricopa.edu/public-stewardship/records-information/public-records and in MCCCD Administrative Regulation 2.5.3 Student Records.

[9] Also, See, 17 CFR 160.3 [Title 17 Commodity and Securities Exchanges; Chapter I Commodity Futures Trading Commission; Part 160 Privacy of Consumer Financial Information], for a related definition of PIFI and whereby some GLBA requirements with respect to futures commission merchants, commodity trading advisors, commodity pool operators and introducing brokers. 

Amended by Direct Chancellor approval: July 11, 2017

Amended by Direct Chancellor approval: January 5, 2016

Amended by Direct Chancellor approval: November 12, 2014

Adopted by Direct Chancellor approval: June 19, 2014

4.23 Written Information Security Program

Overview

Description: In advancement of the Chief Information Officer’s operational responsibilities and in accordance with federal, state, local and international laws relevant to information privacy and security, this administrative regulation describes the role-based responsibilities and activities associated with implementation of the Maricopa County Community College District (“MCCCD”) program for protecting the confidentiality, integrity, security and availability of records, data applications, and/or systems containing Confidential Information[1]  (the “Written Information Security Program” or “WISP”).[2] 

Applicability: Information Security is everyone’s responsibility. All MCCCD Personnel and Persons of Interest (“POIs”) with access to MCCCD Confidential Information, whether through use of online technology resources[3] or otherwise, are covered by this administrative regulation.  All Personnel and POIs must complete training on the information security administrative regulations and information security awareness training annually, certify their attendance at each training session, and certify their familiarity with MCCCD’s requirements for protecting Confidential Information in compliance with the WISP. MCCCD students are expected to know and comply with all current published policies, rules and regulations as stated in the college catalog, class schedule, and/or student handbook.[4]

Failure to Comply: Failure to comply with this administrative regulation may result in disciplinary actions up to and including dismissal from employment and termination of service at MCCCD. Legal actions, including, but not limited to the application of civil and criminal penalties, may also be taken for violations of applicable regulations and/or laws.

MCCCD recognizes that laws and regulations involving security of Confidential Information are continuously evolving.  In this context, to the extent that applicable data privacy laws or regulations conflict with the procedures outlined in the Information Security Incident Response Plan, the applicable laws or regulations govern and override the Information Security Incident Response Plan.  Notify the Chief Privacy Officer immediately of applicable law or regulations that appear to conflict with the Information Security Incident Response Plan.

Information Security is everyone’s responsibility. Listed below are some of the crucial roles and responsibilities associated with implementation of the WISP: 

General WISP Responsibilities

Role  
All Report Security Incidents by exclusively contacting the Chief Privacy Officer  protectprivacy@maricopa.edu, without communicating with anyone else beforehand.
Chief Information Officer Issue Governance Directives as needed to regulate use of IT resources and protection of

Confidential Information.

Chief Information Security Officer 1.) Implement the WISP.

 

2.) Regularly test the WISP’s safeguards.

3.) Facilitate compliance with regulatory requirements in coordination with MCCCD IT and Legal personnel.[4]

4.) Evaluate the ability of relevant MCCCD Personnel and POIs to implement and maintain appropriate security measures for the Confidential Information to which MCCCD has permitted access, and require such individuals to implement and maintain appropriate security measures.

5.) Review the WISP, in collaboration with the Information Security Incident Response Team (“IRT”), at least annually and whenever there is a material change in MCCCD’s business practices that may implicate the confidentiality, integrity, security and/or availability of MCCCD Confidential Information.[5]

Chief Privacy Officer 1.) Obtain details about the situation from the individual(s) who report actual or suspected Security Incidents.

 

2.) Coordinate with the IRT to take any additional actions that may be appropriate.

Incident Response Team As noted in Administrative Regulation 4.24 Information Security Incident Response Plan.
Office of Information Technology Services 1.) Configure network devices to prevent possible electronic breaches.

 

2.) Configure intrusion detection and file integrity monitoring systems to continually track activity and identify possible electronic intrusions.

 

Role Training, Awareness and Compliance  Responsibilities[6]
Chief Information Security Officer 1.) In conjunction with the Chief Privacy Officer, conduct annual Information Security Awareness training that includes all MCCCD Personnel and POIs and those employed by others to perform MCCCD work who regularly use and/or have access to Confidential Information; and

 

2.) In conjunction with the Chief Privacy Officer, conduct annual Information Security Awareness training that includes MCCCD personnel and those employed by others to perform MCCCD work who do not regularly use and/or have access to Confidential Information.

Chief Privacy Officer 1.) In conjunction with the Chief Information Security Officer, conduct annual Information Security Awareness training that includes all MCCCD Personnel and POIs and those employed by others to perform MCCCD work who regularly use and/or have access to Confidential Information;

 

2.) In conjunction with the Chief Information Security Officer, conduct annual Information Security Awareness training that includes MCCCD personnel and those employed by others to perform MCCCD work who do not regularly use and/or have access to Confidential Information; and

3.) Maintain accurate records pertaining to all in-person training activities.

Human Resources Division In collaboration with the Office of Information Technology Services and the Chief Privacy Officer, provide training to all Personnel and POIs via an online training course on the information security administrative regulations and information security awareness every year, and additional training as warranted.
Office of General Counsel (Legal) In coordination with Human Resources Division and Office of Information Technology Services, generate reports to meet litigation and regulatory requests.
Office of Information Technology Services In collaboration with the Human Resources Division and Chief Privacy Officer, provide training to all Personnel and POIs via an online training course on the information security administrative regulations and information security awareness every year, and additional training as warranted.
Personnel and POIs 1.) Complete training on the information security administrative regulations and information security awareness annually, certify attendance at each training session, and certify familiarity with MCCCD’s requirements for protecting Information in compliance with the WISP.[7]

 

2.) Maintain the confidentiality, integrity, security and availability of MCCCD Confidential Information in compliance with the WISP.[8]

3.) Comply with MCCCD Administrative Regulation 4.4 Technology Resource Standards, including, but not limited to, the acceptable computer use provisions described therein.[9]

 

Role Internal Risk Mitigation  Responsibilities10

Chief Information Security Officer

Review and reevaluate, in collaboration with the Chief Privacy Officer, information security measures annually or whenever there is a material change in MCCCD’s business practices that may reasonably implicate the security or integrity of records containing Confidential Information.
Chief Privacy Officer Review and reevaluate, in collaboration with the Chief Information Security Officer, information security measures annually or whenever there is a material change in MCCCD’s business practices that may reasonably implicate the security or integrity of records containing Confidential Information.

Human Resources Division

1) Obtain acknowledgement, via the completion of the required online training course, that all Personnel and POIs have received a copy of the WISP and will abide by its provisions.

 

2) Require that Human Resource departments or responsible parties at all MCCCD sites work with the Office of Information Technology Services and Chief Privacy Officer to establish exit processes that require Personnel and POIs who cease employment/contract service with MCCCD (“Separated Individuals”) to return all records, data applications and/or systems, in any form, including, but not limited to, information stored on laptops or other Portable Devices or media, and in files, records, and work papers, and (2) surrender all keys, identification cards, and all other means of using and/or accessing MCCCD’s premises and/or information.

Management through enforcement of Administrative Regulations 1) Require that Personnel and POIs immediately report any suspicious or unauthorized use of Confidential Information to the Chief Privacy Officer who coordinates with the IRT to appropriately respond.

 

2) Require that Personnel and POIs who violate the WISP may be disciplined according to the severity of the violation, regardless of whether Confidential Information was accessed or used without authorization.

Office of General Counsel (Legal) 1) Require that all employment and consulting agreements contain provisions that (1) require all Personnel and POIs to receive training and acknowledge, sign and comply with the provisions of the WISP, and

 

2) prohibit any nonconforming use of Confidential Information during or after employment.

3) Authorize in writing any and all exceptions to internal risk mitigation responsibilities.

Office of Information Technology Services At the direction of the appropriate manager and Chief Privacy Officer, revoke Separated Individuals’ physical, electronic, and remote electronic use of and/or access to Confidential Information.
Personnel and POIs 1) Cooperate with efforts underway to limit the amount of Confidential Information collected or stored to that amount reasonably necessary to accomplish MCCCD’s legitimate business purposes or as required by law.

 

2) Limit use of and/or access to records, data applications, and/or systems containing Confidential Information to those persons who have a legitimate business purpose for such use and/or access.

3) Permit use of and/or access to MCCCD’s Confidential Information by only authorized individual(s) for legitimate business reasons.

4) Do not store Confidential Information on personally owned Portable Devices.

5) Periodically change passwords and conform to MCCCD’s password standards.

6) Do not manipulate or disregard security measures that have been put in place to protect Confidential Information, including, but not limited to, access controls, cameras and secure storage for card and device inventory, as well as tracking and monitoring of individuals' use of and/or access to Confidential Information.

7) Secure Confidential Information in a manner that is consistent with the WISP’s rules for protecting information security of any files and other records containing Confidential Information.

8) Securely dispose of physical and electronic records containing Confidential Information at the earliest opportunity consistent with business needs and records retention requirements11 in the following manner:

a) Physical documents containing Confidential Information are redacted, burned, pulverized, cross-cut shredded, or otherwise securely erased so that Confidential Information cannot practicably be read or reconstructed; and

b) Electronic media and other non-physical media containing Confidential Information are destroyed or otherwise securely erased so that such information cannot practicably be read or reconstructed.

9)  Upon ceasing employment/contractual service with MCCCD, (1) return all records, data applications and/or systems, in any form, including, but not limited to, information stored on laptops or other Portable Devices or media, and in files, records, and work papers, and (2) surrender all keys, identification cards, and all other means of using and/or accessing MCCCD’s premises and/or information.

 


10 Any exception must be authorized in writing by General Counsel.

 

11 See, Records Retention and Disposition Schedules for Arizona Community Colleges and Districts located in the Employee Portal [ [Employee credentials are needed to enter secure site].

 

Role External Risk Mitigation  Responsibilities[12]
Human Resources Division 1.) Obtain acknowledgement, via the completion of the required online training course, that all Personnel and POIs have received a copy of the WISP and will abide by its provisions.

 

2.) Require that Human Resource departments or responsible parties at all MCCCD sites work with the Office of Information Technology Services and the Chief Privacy Officer to establish exit processes which require Personnel and POIs who cease employment with MCCCD (“Separated Individuals”) (1) return all records, data applications and/or systems, in any form, including, but not limited to, information stored on laptops or other Portable Devices or media, and in files, records, and work papers, and (2) surrender all keys, identification cards, and all other means of using and/or accessing MCCCD’s premises and/or information.

Management through enforcement of Administrative Regulations

1.) Require that Personnel and POIs immediately report any suspicious or unauthorized use of Confidential Information to the Privacy Officer who coordinates with the Information Security Incident Response Team to appropriately respond.

2.) Require that Personnel and POIs who violate the WISP may be disciplined according to the severity of the violation, regardless of whether Confidential Information was accessed or used without authorization.

Office of General Counsel (Legal) 1.) Require that all employment and consulting agreements contain provisions that (1) require all POIs to acknowledge, sign and comply with the provisions of the WISP, and (2) prohibit any nonconforming use of Confidential Information during or after employment.

 

2.) Authorize in writing any and all exceptions to external risk mitigation responsibilities.

3.) Provide legal advice to the Chief Information Officer, Chief Information Security Officer, Chief Privacy Officer, Human Resources Division and Management as needed in connection with any and all aspects of WISP compliance.

Office of Information Technology Services At the direction of the appropriate manager, revoke Separated Individuals’ physical, electronic, and remote electronic use of and/or access to Confidential Information.
Personnel and  POIs 1.) Prohibit removal of Confidential Information from the MCCCD business premises (whether owned, leased, rented or otherwise utilized by MCCCD) in electronic or written form absent (i) an approved, legitimate business need and (ii) use of reasonable security measures, as described in this WISP.

 

2.) Encrypt or deliver by an alternative, more secure method all records and files containing Confidential Information that are transmitted wirelessly or across public networks.

 

3.) Protect all passwords.  Keep passwords in a location and format that are secure. 

 

4.) Contact the Chief Privacy Office or protectprivacy@maricopa.edu to ensure evaluation of all vendors, subcontractors and third-party products in advance of any work or purchase.

 

5.)  Require that all vendors, subcontractors and third-party products be evaluated in advance of any work or purchase. 

 

6.) Upon ceasing employment with MCCCD, (1) return all records, data applications and/or systems, in any form, including, but not limited to, information stored on laptops or other Portable Devices or media, and in files, records, and work papers, and        (2) surrender all keys, identification cards, and all other means of using and/or accessing MCCCD’s premises and/or information.

Definitions: As used in this administrative regulation, the following terms have the respective meanings set forth below: 

ARS: Arizona Revised Statutes; the statutory laws that govern the state of Arizona as formally enacted in writing by the Arizona State Legislature, such as the Arizona law that requires businesses, including, but not limited to, colleges and universities, to provide consumer notification of data breaches involving personally identifiable information.  Pursuant to ARS § 44-7501, “personally identifiable information (PII) (a) Means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not encrypted, redacted or secured by any other method rendering the element unreadable or unusable: (1) The individual's social security number; (2) The individual's number on a driver license issued pursuant to ARS § 28-3166 or number on a nonoperating identification license issued pursuant to ARS § 28-3165; or (3) The individual's financial account number or credit or debit card number in combination with any required security code, access code or password that would permit access to the individual's financial account.”  PII does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media.

FERPA: Family Educational Rights and Privacy Act; a federal law that protects the privacy of student education records. "Education records" are "those records, files documents, and other materials which 1) contain information directly related to a student; and 2) are maintained by an educational institution.” (20 U.S.C. § 1232g(a)(4)(A); 34 CFR § 99.3). FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 

GLBA aka Financial Services Modernization Act of 1999: Gramm–Leach–Bliley Act; an Act that requires “financial institutions,” including, but not limited to, colleges and universities, to protect the privacy of their customers, including information that customers provide to a financial institution that would not be available publicly (“personally identifiable financial information (PIFI)”).13  MCCCD, therefore, has a responsibility to secure the personal records of its students and employees.  To ensure this protection, GLBA mandates that all financial institutions establish appropriate administrative, technical and physical safeguards.  GLBA also requires financial institutions to provide notice to customers about their privacy policies and practices, but institutions of higher education are generally exempt from this requirement, because they already do so under FERPA.  Colleges and universities complying with FERPA are considered to be in compliance with GLBA.

HIPAA: Health Insurance Portability and Accountability Act of 1996; an Act to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

HIPAA Privacy Rule aka Privacy Rule: A statute that (1) establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically, (2) requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization, and (3) gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.  The Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral.  The Privacy Rule calls this information “protected health information (PHI).” (45 CFR § 160.103). Individually identifiable health information” is information, including demographic data, that relates to:

  • the individual’s past, present or future physical or mental health or condition,
  • the provision of health care to the individual, or
  • the past, present, or future payment for the provision of health care to the individual,

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Ibid.  Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, social security number). 

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. 

Information Security Incident Response Team (IRT): The internal ad hoc team of professionals that is convened to provide incident handling services to MCCCD during an ongoing information security event and to respond to an information security incident when the need arises. 

Payment Card Industry Data Security Standard (PCI DSS): Payment Card Industry Data Security Standard; a proprietary information security standard for organizations that handle cardholder information for the major debit, credit, prepaid, e-purse, automated teller machine (ATM), and point-of-sale (POS/ePOS) cards.  “Payment card information” is any personally identifiable information associated with a cardholder, such as the cardholder’s account number, account expiration date, name, address, or social security number.  All personally identifiable information associated with the cardholder that is stored, processed, or transmitted is also considered payment card information. 

Personnel: All full-time, part-time and temporary employees and faculty who work for the MCCCD organization.  

 

POI: Person(s) of Interest; individuals such as the following who are not considered part of the MCCCD workforce but who are still of interest to the organization:

 

Person of interest category

Definition

Dual enrollment instructor

Individuals who teach college-level courses to high school students and are not compensated by MCCCD

Consultant

Individuals who are hired to do specialized work for MCCCD and are paid by outside sources

Agency temporary employee

Temporary agency employees who come to work for MCCCD and are paid by the temporary agency

Retired employee

Retired employees who continue a relationship with MCCCD are changed from Employee status to Person of Interest status

Call center or contract employee

Employees who provide support for some of our systems and are paid by the contracted company

Unpaid intern

An individual who is completing an internship at MCCCD for credit in their degree program

Volunteer

An individual who is working at MCCCD on a volunteer basis

Vendor (e.g., Follett bookstores, Chartwells dining services, Aramark facilities services)

Members of organizations that provide services to MCCCD employees and students

ESS Educational Services (e.g., hospitals providing adjuncts for nursing program and/or Fire Science/EMT department)

Members of organizations that have contractual relationships with MCCCD for specialized programs

 

Portable Devices: Examples of portable devices include, but are not limited to, CDs, DVDs, eReaders, external hard drives, Google Glasses, laptops, memory sticks, smart phones, tablets, thumb drives, and USB drives. 

Security Incident: The unauthorized access to and/or misappropriation of Confidential Information. 

Confidential Information: Information that is so deemed under applicable law.  Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Confidential Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

Separated Individuals:  Personnel and POIs who cease employment with MCCCD.

Technology Resources: MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

Reference(s):

MCCCD Administrative Regulations 2.1 General Regulation2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code

MCCCD Administrative Regulation 4.4 Technology Resource Standards

MCCCD Administrative Regulation 4.24 Information Security Incident Response Plan

MCCCD Administrative Regulation 6.11 Identity Theft Red Flag and Security Incident Reporting

MCCCD Administrative Regulation 6.17 Requests for Public Information 

Records Retention and Disposition Schedules for Arizona Community Colleges and Districts are located atEmployee Portal [ [Employee credentials are needed to enter secure site].

Contact(s): 

Pursuant to MCCCD Administrative Regulation 6.11 Identity Theft Red Flag and Security Incident Reporting, anyone who notices that a MCCCD technology resource(s) is currently being or may have been used in an inappropriate fashion should contact the Chief Privacy Officer via email at protectprivacy@maricopa.edu.  

Pursuant to MCCCD Administrative Regulation 6.11 Identity Theft Red Flag and Security Incident Reporting: (1) anyone, including, but not limited to, any MCCCD Personnel and POIs, who notices and/or suspects that MCCCD Confidential Information may currently be or may have been exposed to someone without authorization should immediately contact the Chief Privacy Officer at protectprivacy@maricopa.edu,  and (2) the Chief Privacy Officer is designated as the exclusive recipient of reports of this nature.   The Chief Privacy Officer is responsible for obtaining details about the situation from the individual(s) and coordinating with the IRT to take any additional actions that the IRT deems necessary.  Responsibilities of the IRT are described in MCCCD Administrative Regulation 4.24 Information Security Incident Response Plan.   

MCCCD, in consultation with legal counsel, is responsible for completing the analysis necessary to determine whether a breach has indeed happened.  Deciding whether a breach of Confidential Information has happened is a complex technical and legal determination that involves detailed analysis.  Neither MCCCD Personnel, POIs, nor students should postpone notification of the Privacy Officer until a breach determination has been made.  Instead, MCCCD encourages anyone to report their hunch or suspicion, since MCCCD counts on everyone to share the responsibility for keeping information secure.

Please email info@domail.maricopa.edu with any questions and concerns about the MCCCD administrative regulations.  

Please email protectprivacy@maricopa.edu with any legal questions and/or to arrange for the evaluation of any vendors, subcontractors and/or third-party products in advance of any work or purchase. 

Annually Renewal by Direct Chancellor Approval: July 11, 2017

Amended by Direct Chancellor Approval: January 5, 2016

Amended by Direct Chancellor Approval: November 12, 2014

Adopted by Direct Chancellor Approval: June 9, 2014

[1] Confidential Information is information that is so deemed under applicable law.  Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Confidential Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

[2] This Administrative Regulation supersedes and expressly replaces Administrative Regulation 2.5.6 and Appendix S-11 such that Administrative Regulation 2.5.6 and Appendix S-11 are hereby repealed and no longer effective.

[3] MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

[4] See, for example, MCCCD Administrative Regulations 2.1 General Regulation2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code.  A copy of the WISP, for example, will be made available to all MCCCD students, Personnel and POIs.

[5] The WISP will be reviewed and adjusted, where necessary, to maintain compliance with all applicable regulations, laws and contractual obligations and to gain increasing insight into (1) reasonably foreseeable internal and external risks to the security and confidentiality of any electronic, paper, or other records containing MCCCD Confidential Information; (2) the likelihood and potential damage to MCCCD from such threats; (3) the sufficiency of existing MCCCD administrative regulations, procedures, information systems, and other safeguards in place to control risks to information security at MCCCD, and (4) methods for regularly monitoring and strengthening the effectiveness of those safeguards.

[6] All communications concerning information security and privacy must be approved by the Chief Information Security Officer and Chief Privacy Officer prior to publication. 

[7] New Personnel and POIs must complete training within thirty (30) days of the start of their employment/contractual service at MCCCD.

[8] To the extent relevant, this responsibility also applies to all MCCCD students.

[9] This responsibility applies to all individuals granted use of and/or access to MCCCD online technology resources.

[10] Any exception must be authorized in writing by General Counsel.

[11] See, Records Retention and Disposition Schedules for Arizona Community Colleges and Districts located at: Employee Portal [ [Employee credentials are needed to enter secure site].

[12] Any exception must be authorized in writing by General Counsel.

[13] Also, See, 17 CFR 160.3 [Title 17 Commodity and Securities Exchanges; Chapter I Commodity Futures Trading Commission; Part 160 Privacy of Consumer Financial Information], for a related definition of PIFI and whereby some GLBA requirements with respect to futures commission merchants, commodity trading advisors, commodity pool operators and introducing brokers. 

4.24 Information Security and Privacy Incident Response Plan

Overview 

Description: To advance MCCCD’s operational responsibilities and to comply with federal, state, local and international laws relevant to information privacy and security, this administrative regulation outlines the responsibilities and procedures of Maricopa County Community College District’s (“MCCCD”) collective body, known as the Information Security and Privacy Incident Response Team (“IRT”).  The IRT is defined in Appendix AS-14 and is charged with responding to actual or suspected situations involving unauthorized access to and/or misappropriation of Confidential Information.[1][2]

Applicability: Information security and privacy is everyone’s responsibility. All MCCCD Personnel and Persons of Interest (“POIs”) are covered by this administrative regulation. MCCCD students are expected to know and comply with all current published policies, rules and regulations as stated in the college catalog, class schedule, and/or student handbook.[3]

Failure to Comply: Failure to comply with this administrative regulation may result in disciplinary actions up to and including dismissal from employment and termination of service at MCCCD.  Regulators may commence legal actions, including, but not limited to, the application of civil and criminal penalties for violations of applicable regulations and/or laws. MCCCD recognizes that laws and regulations involving security of Confidential Information are continuously evolving.  In this context, to the extent that applicable data privacy and security laws or regulations conflict with the procedures outlined in the Information Security and Privacy Incident Response Plan, the applicable laws or regulations govern and override the Information Security and Privacy Incident Response Plan.

Information Security Incident Response Team Responsibilities and Procedures

The Incident Response Team (“IRT”) is chaired by the Chief Information Security Officer, the Chief Privacy Officer, and the Director of Enterprise Risk Management (“Risk Manager”) (collectively, “Core IRT”), who are assigned primary responsibility for providing a thorough and orderly response to an actual or suspected Security Incident.  While Information security and privacy is everyone’s responsibility, the IRT’s specific mission is to provide an effective and skillful response to actual or suspected Security Incidents by taking appropriate steps to investigate, contain, and mitigate each incident while reporting findings to management in a timely, efficient manner.  The IRT aims to protect Confidential Information and minimize financial loss by ensuring evidence gathering, chain of custody tracking, and preservation of data, as appropriate.    

The IRT provides a coordinated response to actual or suspected Security Incidents.  The IRT includes, as needed, representatives from operating units within MCCCD along with their alternates.  Each represented operating unit has designated one IRT member.  The Core IRT is in charge of leading the incident response.  Where a Core IRT member is absent during a Security Incident, the Core IRT alternate has the same level of responsibility and expectations under this administrative regulation as does the member of the Core IRT for which he or she serves as an alternate. 

If, as a result of an actual or suspected Security Incident, the Chief Information Security Officer and the Chief Information Officer/Vice Chancellor for Information Technology determine that it is necessary to take immediate action involving MCCCD’s information technology systems, the Chief Information Security Officer and the Chief Information Officer will determine the appropriate action to take and take that action, consulting with legal counsel if needed, and informing the Chancellor promptly of the determination made and the need for the actions to be taken or already taken.  Any subsequent changes to the action taken require the approval of the Chief Information Security Officer and the Chief Information Officer. 

Appendix AS-14 Standing Information Security and Privacy Incident Response Team Members is a supplement to Administrative Regulation 4.22 through 4.24, which are known as the Privacy Statement, The Written Information Security Program and Privacy Incident Response Plan, respectively. Appendix AS-14 contains the job titles that constitute the members of the IRT. 

The Core IRT will determine, based on the type of Security Incident involved, which members of the IRT will be called to provide assistance.  On a quarterly basis, the IRT will review and, if needed, recommend an update to the job titles listed in the Appendix to ensure that they include the appropriate personnel with District-wide oversight over Confidential Information, employment matters, student matters, and MCCCD’s security and privacy.  The Core IRT will report the results of its review to the Chancellor for review, revision and approval.  The Core IRT will also promptly update the Appendix when the names of the persons in those job titles changes.

With the agreement of the Core IRT, other MCCCD employees or critical contractors may be asked to assist with, for instance, the investigation of an actual or alleged Security Incident (“Auxiliary Personnel”).  The IRT will limit the scope of work performed by Auxiliary Personnel at the request of the IRT, along with the time period that the Auxiliary Personnel is involved, to that necessary to investigate facts or to implement mitigation/remediation procedures.  Additionally, the Core IRT along with other IRT members will use their best efforts to avoid methods of communication among themselves that may increase the potential for sensitive or confidential information being shared inappropriately outside of the IRT. 

The IRT includes representatives of several operating units within MCCCD.  The IRT provides a coordinated response to actual or suspected Security Incidents.  Each represented operating unit has designated one IRT member.  The Chief Information Security Officer and Chief Privacy Officer are in charge of the incident response, along with alternates who are designated by the Chief Information Security Officer and Chief Privacy Officer, respectively, to assume authority in all capacities including IRT responsibilities, if the Chief Information Security Officer and Chief Privacy Officer are absent or otherwise unavailable.  Listed below are the roles and responsibilities of each operational unit represented on the IRT:

 

General Responsibilities of the Core IRT (Chief Information Security Officer, Chief Privacy Officer and Director of Enterprise Risk Management)

  • Take charge of the incident response.
  • Inform the Chancellor, General Counsel, and the Chief Information Officer if an actual or suspected Security Incident has been reported and provide them with an overview of the situation.
  • Lead the investigation and the remediation and mitigation efforts.
  • Determine with the General Counsel whether the Core IRT and other members of the IRT and selected MCCCD contractors should operate as agents of the General Counsel.
  • Triage each actual or suspected Security Incident.
    • Contact the individual who reported the actual or suspected Security Incident.
    • Determine the nature and scope of the actual or suspected Security Incident.
  • Take steps to ensure that communications among IRT members and with the Chancellor and any other MCCCD executives are confidential and, where appropriate, subject to the attorney-client privilege.
  • Determine and engage other members of the IRT in the investigation of and response to an actual or suspected Security Incident as needs dictate.
  • For the Risk Manager:
  • Determine whether or when it is appropriate to notify MCCCD’s network security and privacy coverage insurance carrier.
  • Be solely responsible for communicating and coordinating with MCCCD’s network security and privacy coverage insurance carrier.
  • Determine whether there are possible criminal aspects to the actual or suspected Security Incident and, if so, contact MCCCD Public Safety.
  • Coordinate responsibilities among themselves and other IRT members.
  • Develop a communication plan appropriate for the circumstances including formulating as needed public or internal messages about an actual or suspected Security Incident with the approval of the Chancellor.
  • Make operational, security, and other related business decisions relating to the actual or suspected Security Incident after receiving input from members of the IRT, if appropriate.
  • For the Chief Privacy Officer in conjunction with the General Counsel, provide legal advice in connection with any actual or suspected Security Incident. 

Incident Response Steps

The MCCCD IRT will generally follow the steps identified below in responding to incidents.  Notably, after the initial assessment commences, some components will proceed simultaneously.

Additionally, these steps in practice may change if MCCCD network security and privacy insurance carrier is involved in the matter.  For instance, MCCCD insurance carrier may direct that MCCCD hire outside legal counsel to assist with the legal issues surrounding the actual or suspected Security Incident in which case the Legal Services Department and the Risk Manager will jointly supervise the work of that counsel.

The steps may also change in instances where the Legal Services Department hires outside counsel without consulting with MCCCD’s insurance carrier because the matter is not covered by MCCCD’s insurance.  The steps below are intended to be guidelines, and not set standards, for how MCCCD’s response to an actual or suspected Security Incident is conducted.

1.         Report and Assess Situation

2.         Investigate and Conduct Fact Finding

3.         Strategize to Formulate Response

4.         Contain and Limit Exposure.

5.         Remediate and Resolve Vulnerabilities

6.         Document Investigation and Communicate

7.         Conduct an Annual Review and Simulation    

[1] A Security Incident is the unauthorized access to and/or misappropriation of Confidential Information, or threats to the security and privacy of MCCCD’s information technology systems, such as malware or ransomware.  Confidential Information is information that is so deemed under applicable law.  Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Confidential Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

[2] This Administrative Regulation supersedes and expressly replaces Administrative Regulation 2.5.6 and Appendix S-11 such that Administrative Regulation 2.5.6 and Appendix S-11 are hereby repealed and no longer effective.

[3] See, for example, MCCCD Administrative Regulations 2.1 General Regulation2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code

Amended by Direct Chancellor Approval: July 11, 2017

Amended by Direct Chancellor Approval: August 24, 2016

Amended by Direct Chancellor Approval: January 5, 2016

Amended by Direct Chancellor Approval: November 12, 2014

Adopted by Direct Chancellor Approval: June 9, 2014

Section 5, Non-Discrimination

The Maricopa County Community College District (MCCCD) is committed to promoting a learning and work environment that is non-discriminatory. This commitment is demonstrated by valuing inclusion, implementing policies and regulations that serve to prohibit discrimination, and practicing non-discriminatory actions in employment and academic activities.

This means that MCCCD will not discriminate nor tolerate discrimination against any applicant, employee, or student in any of its policies, procedures, or practices.

This policy covers all selection and decision practices of the employment relationship, as well as admission to, access to, and treatment of students in MCCCD's programs and activities.

 

5.1 Non-Discrimination

5.1.1
Maricopa County Community College District (Maricopa EEO Policy)

It is the policy of the Maricopa County Community College District (MCCCD), (consisting of Chandler-Gilbert Community College, the District Office, Estrella Mountain Community CollegeGateWay Community College, GateWay Community College - Central City, Glendale Community CollegeMesa Community CollegeParadise Valley Community CollegePhoenix CollegeRio Salado Community CollegeScottsdale Community College, South Mountain Community College, and all affiliated locations) to:

  1. Recruit, hire, and promote in all job groups, and to ensure that all Human Resources (HR) employment selection and decision practices do not discriminate, nor tolerate discrimination in employment against any applicant or employee, on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
  2. Administer all HR employment selection and decision practices pertaining to advertising, benefits, compensation, discipline (including probation, suspension, and/or involuntary termination for cause or layoff), employee facilities, performance evaluation, recruitment, social/recreational programs, and training will be administered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
  3. Hold each level of management responsible for ensuring that all employment policies, procedures, and activities are in full compliance with all applicable federal, state, and local EEO statutes, rules, and regulations.
  4. Maintain an educational environment that does not discriminate or tolerate discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, or veteran status in federally funded programs, activities and MCCCD sponsored events. 
  5. Hold each level of academic and student life management responsible for ensuring that all academic environments and activities are in full compliance with all applicable federal, state, and local non-discrimination laws.

5.1.2
Maricopa EEO Policy

The Maricopa County Community College District (MCCCD) Equal Employment Opportunity (EEO) Policy Statement or EEO Clause appears in all major publications distributed to employees, students, and applicants. Copies of these documents are available at each of the colleges, at the District Office, and at the EEO/Affirmative Action (AA) Office.

In accordance with all applicable federal, state, and local regulations, MCCCD will maintain and update its Affirmative Action Plans (AAPs) on an annual basis. Copies of the AAP will be distributed to the Governing Board and CEC members by December 31st of each year. They include the AAP for Minorities and Females, the AAP for Individuals with Disabilities, and the AAP for Special Disabled Veterans, Vietnam Era Veterans, and Other Eligible Veterans.

5.1.3
EEO Policy Statement

It is the policy of the Maricopa County Community College District (MCCCD) to promote equal employment opportunities through a positive continuing program. This means that Maricopa will not discriminate, nor tolerate discrimination in employment or education, against any applicant, employee, or student because of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Additionally, it is the policy of Maricopa to provide an environment for each Maricopa job applicant and employee that is free from sexual harassment, as well as harassment and intimidation on account of an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.

In addition, lack of English language skills is not a barrier to admission into Career and Technical Education (CTE) programs or skill centers. 

5.1.4
EEO Clause

The Maricopa County Community College District (MCCCD) is an EEO/AA Institution and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. 

 

5.1.5
Use of the EEO Policy Statement or EEO Clause

As required by federal regulations, the EEO Policy Statement or EEO Clause MUST appear in all major publications distributed to employees, students, and applicants throughout MCCCD. These publications include, but are not limited to, catalogs, handbooks, schedules, policy manuals, recruitment publications, advertisements (internal and external), and application forms (employee and student).

Additionally, the EEO Policy Statement or EEO Clause MUST be included in all purchase orders and contracts.

The approved statements and clauses for use in publications are posted as Appendix ND-3

5.1.6
Policy Statements Declaration

The Policy Statements Declaration, which is an exhibit to this regulation, is a one-page document of the Maricopa County Community College District (MCCCD) policies that are to be posted on bulletin boards throughout the District. It defines MCCCD's firm commitment to EEO/AA and to a workplace that is free from harassment.

5.1.7
Notice of Americans with Disabilities Act (ADA)/ Section 504 of the Rehabilitation Act/Title IX Coordinator

Under the ADA and Section 504, the Maricopa County Community College District (MCCCD) recognizes the obligation to provide overall program accessibility throughout its locations for qualified disabled individuals. Students and employees can raise concerns or make complaints, without retaliation, about matters made unlawful under the ADA.

EMPLOYEES
The District Office and each College must post the address and telephone number for the individual responsible for coordinating services and/or activities relating to the Americans with Disabilities Act (42 U.S.C. Chapter 126), Section 504 of the Rehabilitation Act (29 U.S.C. §794(d)), and all other applicable law. The Notice will specify how employees can request reasonable accommodations.

College ADA Coordinators (Credentials are needed to enter secure site.)

STUDENTS
The District Office and each MCCCD location must post the address and telephone number for the individual responsible for coordinating services and/or activities relating to the Americans with Disabilities Act (42 U.S.C. Chapter 126), Section 504 of the Rehabilitation Act (29 U.S.C. §794(d)), and Title IX of the Education Amendments of 1972 (20 U.S.C. §1681), using the format below:

  • ADA/504/Title IX Coordinator
  • Address
  • Phone #
  • Email address

Additionally, each college/center must publish electronically or in print the above information in student handbooks and catalogs.

The designated ADA/504/Title IX Coordinator at each college/center will provide information as to the existence and location of services, activities, and facilities that are accessible to and usable by individuals with disabilities. Likewise, under Title IX, there is an obligation to provide services and program accessibility in a gender-neutral manner.

Title IX Coordinators

ADA/504 Managers

 

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
Policy Statements Declaration

EEO Clause

The Maricopa County Community College District (MCCCD) is an EEO/AA institution.

EEO Policy Statement

It is the policy of Maricopa County Community College District (MCCCD) (consisting of the District Office, Chandler-Gilbert Community CollegeEstrella Mountain Community CollegeGlendale Community CollegeGateWay Community College, GateWay Community College - Central City, Mesa Community CollegeParadise Valley Community CollegePhoenix CollegeRio Salado Community CollegeScottsdale Community College, South Mountain Community College, and all affiliated locations) to promote equal employment opportunities. This means that MCCCD will not discriminate, nor tolerate discrimination in employment or education, against any applicant, employee, or student because of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Additionally, it is the policy of MCCCD to provide an environment for each MCCCD job applicant, employee, and student that is free from sexual harassment, as well as harassment and intimidation on account of an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.

Affirmative Action Policy Statement for Individuals with Disabilities

In conformance with the provisions of Section 503 of the Rehabilitation Act of 1973, as amended, and the implementing regulations, 41 CFR 60-741.5 (a), as amended, Maricopa County Community College District (MCCCD) will not discriminate, nor tolerate discrimination in employment or education, against any applicant, employee, or student because of physical or mental disability in regard to any position for which the known applicant or employee is qualified. MCCCD agrees to take affirmative action to employ, advance in employment, and otherwise treat known qualified individuals with disabilities without regard to their physical or mental disability in all human resources selection and decision practices, such as the following: advertising, benefits, compensation, discipline (including probation, suspension, and/or termination for cause or layoff), employee facilities, performance evaluation, recruitment, social/recreational programs, and training. MCCCD will also continue to administer these practices without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Additionally, all applicants and employees are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Act.

Affirmative Action Policy Statement for Other Eligible Veterans, Special Disabled Veterans, and Vietnam Era Veterans

In conformance with the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Veterans Employment Opportunities Act of 1998, and the implementing regulations, 41 CFR 60-250 (k), Maricopa County Community College District  (MCCCD) will not discriminate, nor tolerate discrimination in employment or education, against any applicant, employee, or student because they are a special disabled veteran or Vietnam era veteran in regard to any position for which the known applicant or employee is qualified. MCCCD agrees to take affirmative action to employ, advance in employment, and otherwise treat known qualified special disabled veterans and Vietnam era veterans without discrimination based upon their disabled or veteran status in all human resources selection and decision practices, such as the following: advertising, benefits, compensation, discipline (including probation, suspension, and/or termination for cause or layoff), employee facilities, performance evaluation, recruitment, social/recreational programs, and training. MCCCD will continue to administer these practices without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Additionally, MCCCD agrees to post all suitable job openings at the local office of the State employment service where the job opening occurs. This includes full-time, temporary greater than 3 days' duration, and part-time employment. Finally, all applicants and employees are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Act.

5.1.8
Policy Prohibiting Harassment

A. Policy

The policy of the Maricopa County Community College District (MCCCD) is to provide an educational, employment, and business environment free of harassment that is based on race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Such prohibited harassment includes but is not limited to sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct or communications constituting harassment with regards to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information as defined and otherwise prohibited by state and federal law.

Employee complaints of harassment must be reported to the District Office of Equal Employment and Opportunity.

Harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information violates MCCCD Policy when the conduct is unwelcome, verbal, or physical conduct that is sufficiently severe, or pervasive that it alters working conditions and creates a hostile environment for employees. The unwelcome behavior may be based on power differentials, the creation of a hostile environment, or retaliation for harassment complaints. Harassment by and between any student or employee (paid, unpaid, or contract), is prohibited by this policy.

Due process is afforded any employee accused of harassment. Upon receipt of a complaint, an immediate preliminary review will be conducted to determine if there is reasonable cause to believe the nondiscrimination policy may have been violated. If so, then a prompt, thorough, impartial investigation will be conducted by the authorized administrator, or designee. If the final decision is that harassment occurred, the college will take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. Remedies for the complainant 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 occurs both on and off campus and covers employees, and visitors.

MCCCD affirms its commitment to supporting the academic and personal freedom of all members of the community. In particular, the policy against harassment shall not be applied in a manner that contradicts the principle of academic freedom: Faculty and other members of the community are entitled to freedom in research, and faculty members are entitled to freedom in the classroom to pursue controversial matters related to their disciplines. However, this right to teach controversial material entails the responsibility that it be carried out in a way that would be judged by peers as not violating the District’s non-discrimination policy.

Questions about this policy may be directed to the MCCCD EEO/Affirmative Action Office.

B.  Examples of Policy Violations

It shall be a violation of MCCCD's Harassment Policy for any employee (paid, unpaid, or contract), student or campus visitor to engage in any unwelcome conduct that is based on race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Such as to:

  1. Engage in offensive conduct that is sufficiently severe or pervasive to create a work or academic environment that a reasonable person would consider intimidating, hostile, or abusive.  Such conduct must be based on race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
  2.  Engage in unwelcome verbal or physical conduct, including intimidation, ridicule, insult, or comments, when the behavior can reasonably be considered to adversely affect the work or academic environment, or an employment decision based upon the employee’s acceptance or rejection of such conduct.  Such verbal or physical conduct must be based on race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information or on their protected activities under applicable non-discrimination laws and policies,
  3. Engage in Sexual Harassment, which includes, but is not limited to:
    1.   Make unwelcome sexual advances to another employee (paid, unpaid, or contract), student or campus visitor;
    2.   Make unwelcome requests for sexual favors, whether or not accompanied by promises or threats with regard to the employment or academic relationship;
    3.   Engage in verbal or physical conduct of a sexual nature with another employee, student or campus visitor, that may threaten or insinuate, either explicitly or implicitly, that the individual's submission to, or rejection of, the sexual advances will in any way:
      1.   Influence any personnel decision regarding that person's employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development; or
      2.   Influence his or her grades, participation in or access to academic programs, class standing or other educational opportunities;
    4.   Engage in verbal or physical conduct of a sexual nature that:
      1.   Has the purpose or effect of substantially interfering with an employee's ability to do his or her job; or with a student's ability to learn or participate in a class; or
      2.   Which creates an intimidating, hostile or offensive work or academic environment;
    5.   Commit any act of sexual assault or public sexual indecency against any employee or student whether on MCCCD property or in connection with any MCCCD-sponsored activity;
    6.   Continue to express sexual interest in another employee, student or campus visitor after being informed or on notice that the interest is unwelcome (reciprocal attraction is not considered sexual harassment);
  4. Engage in other harassing conduct in the workplace or academic environment, whether physical or verbal, including, but not limited to, commentary about an individual's body (or body parts), degrading words to describe an individual, offensive comments, suggestive language or jokes, innuendoes, and suggestive objects, print or digital media. Misconduct may include exploitation, stalking, bullying. Such conduct must be based on an individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
  5. Treat a complainant or witness of harassment in a manner that could dissuade a reasonable person from pursuing or participating in the complaint and investigation. Such treatment must be based on an individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.

5.1.9
Additional Policy Violations

All Maricopa County Community College District (MCCCD) employees (paid, unpaid, or contract) are Mandatory Reporters under Title IX.  Mandatory Reporters must report allegations of sexual harassment/assault (whether reported by the person who is the subject of the sexual harassment or a witness). Failure to report to the designated Title IX coordinator is a policy violation subject to discipline up to and including dismissal.

Campus Security Authority (CSAs) are mandatory reporters under the Cleary Act.  Failure to report is a policy violation subject to discipline up to and including dismissal.

All employees are expected to report harassment/discrimination (whether reported by the person who is the subject of the sexual harassment or a witness) based on an individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.  Failure to report may be a policy violation subject to discipline up to and including dismissal.

5.1.10
Responsibility for Policy Enforcement

Employees and students must avoid offensive or inappropriate harassing behavior based on an individual’s race, color, religion, sex, sexual orientation, gender identity,national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information at work or in the academic environment (in and out of the classroom).

Employees and students are encouraged (but not required) to inform perceived offenders of this policy and that the commentary/conduct is offensive and unwelcome.

5.1.11
Complaints

  1. Employees
    Employees who experience harassment at work (by a supervisor, co- employee, student or visitor) are urged to report such conduct to the direct attention of their supervisor, their college president or to the Maricopa County Community College District (MCCCD) Equal Employment Opportunity/Affirmative Action Office. If the complaint involves the employee's supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with their immediate supervisor, the employee may go directly to the MCCCD EEO/AA Office.
  2. Students
    Students who experience sexual harassment or sexual assault in a school's education program and activities (by a faculty member, administrator, staff, campus visitor or other student) are urged to report such conduct to the designated Title IX Coordinator, of which there is one for each MCCCD college. A student may also contact the MCCCD EEO/AA Office to obtain the name and phone number of the college official designated to respond to harassment complaints based on an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
  3. General  
    1. Complaints by employees will be investigated according to procedures established by the MCCCD EEO/AA Office. Copies of these procedures may be obtained on the District website and the MCCCD EEO/AA Office.
    2. Complaints by students will be investigated according to the procedures established in the College Environment section of the Administrative Regulations (AR 2.4). Copies of these procedures are posted on the District website.
    3. All complaints will be investigated in a prompt, through, and impartial manner.
    4. Where investigation confirms the allegations, appropriate, response action will be taken by the college/center/MCCCD. 

5.1.12
Confidentiality

Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with the Maricopa County Community College District's (MCCCD) legal obligation to investigate and resolve issues of discrimination and harassment based on one's protected class status as outlined in law and in MCCCD policy.  The MCCCD cannot promise complete confidentiality. 

5.1.13
Violations of Law

An employee or student may be accountable for discrimination, retaliation, and/or harassment under applicable local, state, and/or federal law, as well as under Maricopa County Community College District (MCCCD) policy. Disciplinary action by MCCCD may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

5.1.14
False Statements Prohibited

Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge, will be subject to appropriate disciplinary action, up to and including, employment termination or academic dismissal.

5.1.15
Retaliation Prohibited

Retaliation against an employee or student for engaging in protected activity is strictly prohibited. The Maricopa County Community College District (MCCCD) strictly prohibits taking an adverse action that might deter a reasonable person from participating in activity protected by antidiscrimination laws. Protected activity consists of:

(a) opposing conduct reasonably believed to constitute discrimination, including harassment which violates a nondiscrimination statute or which MCCCD policy prohibits;

(b) filing a complaint about such practice; or

(c) testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint.

Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non-promotion, or non-selection. Retaliatory actions are broadly defined as harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions based on engaging in protected activity. MCCCD will take appropriate disciplinary action, up to and including employment termination or academic dismissal if retaliation occurs.

Section 6, Board Resources

6.1 Administrative Leave

  1. The Vice Chancellor for Human Resources may place an employee on paid administrative leave of absence. The Vice Chancellor for Human Resources may place the employee on paid administrative leave of absence only upon recommendation of the appropriate college president (in the case of a college employee) or appropriate Vice Chancellor (in the case of a District office employee) or only with concurrence of another Vice Chancellor (in the case of a District office Human Resources employee). An employee may be placed on paid administrative leave of absence pursuant to this policy only under either of the following circumstances:
    1. an investigation into conduct that would be grounds for discipline, up to and including termination from employment, is pending and the Vice Chancellor for Human Resources has determined that such paid administrative leave of absence is in the best interests of the employee or in the best interests of other employees or students of Maricopa; or
    2. the Chancellor has recommended to the Governing Board that the employee be terminated from employment and the Vice Chancellor for Human Resources has determined that, pending final consideration of such recommendation by the Governing Board, keeping the employee on the job would pose a significant hazard.
  2. The Vice Chancellor for Human Resources or designee shall present personally to the employee, or mail via certified mail to the employee's current address of record with Maricopa, a letter notifying the employee that he or she has been placed on paid administrative leave of absence and shall continue on such status until further notice. The letter shall inform the employee that he or she will remain an employee of Maricopa while on paid administrative leave of absence, must continue to observe all policies and regulations regarding the conduct of Maricopa employees, and will continue to accrue all rights and benefits as an employee. The letter shall further inform the employee that during the duration of the paid administrative leave of absence the employee must contact his or her supervisor each work day, be available to provide information or services as required, and inform the employee's supervisor of all locations and phone numbers at which the employee can be contacted during each work day.
  3. This policy shall not apply to any employee whose employee policy manual specially provides for paid administrative leave of absence.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED November 27, 2001 (for inclusion in Board Auxiliary Policy Type only)
ADOPTED January 23, 2001, Motion No. 9014

6.2 Arizona Student Loan Code of Conduct

  1. Definitions
    1. "Employee" or "School employee" means any employee, agent, student financial aid contractor, director, officer or trustee of the Maricopa County Community College District ("Maricopa"). For purposes of the Code provisions relating to gifts and stock ownership, this term includes family members of the Employee. For purposes of Paragraph 2 of this Code, this term includes family members living in the same household as the Employee.
    2. "College" means all colleges, skills centers, campuses, departments or other components of the Maricopa County Community College District, including alumni associations.
    3. "Student loan lender" or "lender" means any entity involved in making, holding, consolidating, originating, servicing or guaranteeing any loan to students or parents to finance higher education expenses. This includes lenders who provide private educational loans as well as lenders who provide loans that are made, insured or guaranteed by the U.S. Department of Education, except loans under the William D. Ford Direct Loan Program.
  2. Employee Compensation Prohibition
    No employee or Maricopa or "school-affiliated organization" (as defined in 34 CFR §682.200(b)(5)(i)(A)(8)) shall accept or solicit anything of other than nominal value from a student loan lender.

    "Nominal value" means a total retail value of not more than ten dollars ($10.00) as calculated over a 12-month period, or as defined by a Maricopa policy consistent with applicable federal and state law. This paragraph shall not prohibit Maricopa employees from conducting non-student lending business with any lender or accepting or soliciting anything of other than nominal value in any activity unrelated to student loans.

  3. Lender Advisory Board Restrictions
    A Maricopa employee shall not accept any remuneration or reimbursement of expenses for serving as a member of or otherwise participating on a student loan lender's advisory board or committee, consistent with applicable federal student loan requirements.
  4. Financial Relationship Prohibitions
    A person employed in the financial aid office of a College, or who otherwise has direct responsibilities with respect to educational loans or other financial aid, shall:
    1. avoid any equity or other interest in any student loan lender other than a remote interest (a remote interest is ownership of less than three per cent of the shares of a corporation for profit, provided the total annual income from dividends, including the value of stock dividends, from the corporation does not exceed five per cent of the total annual income of such officer or employee and any other payments made to him by the corporation do not exceed five per cent of his or her total annual income.)
    2. avoid consulting or similar financial relationships with student loan lenders, and
    3. comply with Maricopa's Conflict of Interest Policies & Procedures.
  5. Institutional Compensation Prohibition
    1. A College will not accept anything of value from a student loan lender in exchange for any advantage of consideration provided to the lender related to its education loan activity. This prohibition shall include, but not be limited to: (1) the College's receipt from any lender of any computer hardware for which the College pays below market prices, (2) preferential rates for, or access to, a lender's other financial products and (3) printing costs or services. Notwithstanding anything else in the paragraph, the College many accept assistance as contemplated by 34 CFR §682.200(b).
    2. A College shall not engage in revenue sharing with a student loan lender. "Revenue sharing" means any arrangement under which a student loan lender pays a higher education institution or an affiliated entity or organization a certain sum, fee or percentage calculated in relationship to the volume of loans received by the lender from students of the institution.
  6. Preferred Lender List Requirements
    1. Best Interest of Students Paramount. If a College decides to develop and/or publish any list of suggested, recommended or preferred student loan lenders ("preferred lender list" or "lender list"), the College shall develop and maintain any lender list based solely on the best interests of students and parents borrowers.
    2. Required Disclosures. A College shall prominently disclose on all publications of a preferred lender list:
      1. the process and criteria by which the list was assembled;
      2. comparative information regarding interest rates and other benefits offered by the lenders; and
      3. that borrowers have the right and ability to select lenders not included on the list.
    3. Prompt Certification of Loans from Any Lender. A College will timely certify any loan from any lender selected by the borrower that offers the loan, to the extent consistent with applicable federal student loan requirements. The College will not cause unnecessary certification delays fro borrowers who use a lender that has not been recommended or suggested by the School.
    4. Minimum Number of Lenders Required. A College shall ensure that there are at least three (3) student loan lenders names on each preferred lender list which are not "affiliates" of each other, as described in 34 CFR §682.212(h)(3).
    5. Review and Update of Preferred Lender Lists. Preferred lender lists must be reviewed and updated at least once a year. When publishing preferred lender lists, a College shall either rotate or randomize the list of lenders or list them alphabetically.
    6. Loan Resale. A College shall require that all lenders on a preferred lender list commit in writing to disclose to the borrower before a loan agreement is signed whether there is an existing agreement to sell loans to another lender, and if so, the contact information for the lender who will be purchasing the borrower's loan. The College shall inform student and parent borrowers that lenders can, and do, sell student loans, and encourage borrowers to contact their lenders for more information. Further, the College may remove a lender from its preferred lender list if that lender sells loans without ensuring that the advertised loan terms and benefits are honored with the new lender.
    7. Different Types of Loans. The College shall not include a student loan lender on a preferred list for one type of loan in exchange for benefits provided by the lender with respect to a different type of loan.
  7. Promotion of Preferred Lenders Prohibited
    A College shall not allow a lender included on a preferred list to use the name, emblem, mascot or logo of either a College or Maricopa or other words, pictures or symbols readily identified with either the College or Maricopa in the marketing of private educational loans to the students attending the College that implies the College or Maricopa endorses the private educational loans offered by the lender.
  8. Master Promissory Note
    A College shall inform borrowers of the procedure(s) for completing the Master Promissory Note or other loan agreement with the lender of the borrower's choice, whether or not the lender appears on the College's preferred lender list.
  9. Lender Restriction Prohibition
    A College shall not restrict borrowers to any particular type of lender (e.g., those that process loans electronically).
  10. School as Lender
    If a College participates in the School as Lender program under 20 U.S.C. §1085(d)(1)(E) and has an agreement to sell student loans to another lender, it must (a) disclose the existence of the agreement to the borrowers and provide contact information for the lender who will be purchasing the borrower's loan and (b) require that any lender to whom the loans are sold honors the loan terms and benefits the College advertised to borrowers.
  11. Private Loans a Last Resort
    A College shall not certify student eligibility for a private educational loan without first informing the borrower that (a) federal financial assistance (including grants and loans under Title IV) may be available and (b) federal loans may provide more advantageous terms to the borrower than private loans.
  12. Opportunity Loans
    1. A College shall not enter into an opportunity loan agreement with a student loan lender under which the College provides concessions or promises to the lender that prejudice other borrowers. An "opportunity" loan means a student loan provided to borrowers with poor or no credit history, or who otherwise would not meet the student loan lender's eligibility criteria.
    2. A College shall not certify student eligibility for an opportunity loan made available pursuant to an agreement between the College and a lender unless (a) the agreement includes the options of short term or partial loans not to exceed one year and (b) the College informs the borrower of the short term or partial loan option, so the borrower can consider different or less expensive financing if the borrower's financial condition improves.
  13. Staffing Assistance from Lenders
    A College shall not request or accept from any lender any assistance with call center or financial aid office staffing, including in-person school-required initial or exit counseling, except as permitted by applicable federal student loan requirements. The College shall ensure that any lender employees on campus are accurately represented as such and not misidentified as College agents or employees. While lenders may provide professional development training to financial aid administrators and participate in financial literacy outreach activities, lender employees must clearly disclose the name of the entity preparing any written materials and may not promote the lender's products.
  14. Implementation
    1. Maricopa shall publish the Arizona Student Loan Code of Conduct prominently on a Maricopa website within ten business days of its adoption by the Governing Board.
    2. All employees with direct responsibilities relating to student loans shall obtain training concerning the Arizona Student Loan Code of Conduct, applicable federal and state student loan laws and regulations and related Maricopa policies and procedures within 90 days of the date of hire. Each College shall adopt procedures to ensure these employees maintain current knowledge of the Code and applicable regulations.

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED October 28, 2008, Motion No. 9516

6.3 Awarding of Emeritus Distinction

  1. Upon recommendation by the Chancellor, the Governing Board may award emeritus distinction to any full-time residential faculty, chancellor, vice-chancellor, college president, or college vice president who retires from the Maricopa County Community College District.
  2. The Chancellor may recommend, and the Governing Board may award, emeritus distinction to a candidate only following a determination that the candidate has:
    1. at least twenty years of full-time service in the Maricopa District with ten of the years in the position for which emeritus distinction is recommended;
    2. demonstrated satisfactory performance;
    3. not been the object of an adverse personnel decision; and
    4. fulfilled all terms and conditions of employment.
  3. The Governing Board may upon, recommendation by the Chancellor, award emeritus distinction to a candidate that does not meet the criteria in subsection (2), upon sufficient showing that the candidate has:
    1. Contributed significantly to his or her respective field or discipline:
    2. Performed service throughout the candidate's employment in the Maricopa District that have been of direct benefit to students; and
    3. Contributed to the creation of innovative programs or initiatives within the Maricopa district.
    4. At least ten years of full time service in the Maricopa District.
  4. The awarding of emeritus distinction will mean that the candidate's name and title, followed by emeritus distinction, will be placed in the appropriate college catalog or district publication. Awarding of emeritus distinction shall not entitle the holder to remuneration or other benefit in addition to any provided under this policy.
  5. The Chancellor shall consider, for recommendation to the Governing Board, every employee eligible for emeritus distinction following the employee's retirement. This policy shall be applied retroactively to any eligible employee who has retired prior to the effective date of this policy provided that a written petition for emeritus distinction is submitted on the employee's behalf to the Chancellor and the Chancellor is provided sufficient written documentation to justify the awarding of emeritus distinction. Emeritus distinction may be awarded posthumously.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED January 23, 2007, Motion No. 9393
AMENDED November 28, 2006, Motion No. 9388
AMENDED June 25, 2002, Motion No. 9114
AMENDED November 27, 2001 (for inclusion in Board Auxiliary Policy Type only)
ADOPTED May 23, 2000, Motion No. 8968

6.4 Background Checks

  1. The Vice Chancellor for Human Resources shall create and implement a process of background checks concerning persons selected for employment or for volunteer or internship service in various positions, and concerning current employees who assume employment responsibilities that warrant such checks. Whether a background check is performed concerning a person shall be determined solely by pre-established aspects of the employment or service that would justify a background check, as identified by the Vice Chancellor. Performance of a background check shall not be based on the unique characteristics of a particular person.
  2. A background check preformed pursuant to this administrative regulation may inquire only into a person's previous employment or service; prior acts or circumstances relevant to financial or other valuable assets; and criminal activity. A criminal conviction shall not serve as an absolute bar to employment or service.
  3. The process of background checks shall be designated to ensure that all background check information be maintained in a confidential manner and shared with only those persons who possess a clear need to know such information. Employees of the Maricopa Community Colleges with decision-making authority in any hiring process shall facilitate hiring decisions in accordance with the process.

AMENDED Feburay 22, 2011, Motion No. 9781, 9782
ADOPTED March 27, 2007, Motion No. 9418

6.5 College Course Materials

In accordance with ARS §15-1891, the MCCCD Governing Board establishes the parameters for employees when ordering course materials from publishers and working with book dealers:

  1. No faculty member or employee shall demand or receive any payment, loan, advance, good or deposit of money present or promised for selecting or purchasing specific course materials received for coursework or instruction, except that the faculty member or employee may receive:
    1. free review copies, complimentary teacher editions or instructional materials that are not intended to be sold by any faculty, staff or bookstore.
    2. royalties or other compensation from the sale of course materials that include the faculty member's own writing or work.
    3. honoraria for academic peer review of course materials.
    4. training in the use of course materials and learning technologies.
  2. A faculty member or any other employee who is in charge of selecting or adopting course materials shall, prior to selection or adoption of any course materials, make a request for the following written information from the publisher of the course materials:
    1. A listing of relevant course materials offered by the publisher and whether each of the course materials are offered in a bundled package or sold separately;
    2. The suggested retail price, the estimated wholesale price or the price that the publisher makes available to the public for the course materials. The publisher may include the time period during which the pricing is available.
    3. The copyright dates of the previous edition if the copyright dates do not appear in the course materials.
    4. A summary of the substantive content differences between the current edition of the course materials and the immediate previous edition.
  3. A faculty member or any other employee who is in charge of selecting or adopting course materials shall place orders for such course materials by the date specified and communicated by the College or District bookstore to enable the College or District bookstore or contract managed bookstore to confirm the availability of the requested materials.
  4. An unsolicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or District location is presumed to be the property of the Maricopa County Community College District. However, such employee may nevertheless assume ownership of such materials if the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities.

    ​As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Appropriate disposition of the materials includes donation to a student or library or other non-profit or charitable organization, or returning the book to the publisher.

  5. This policy shall not be construed in a manner that violates academic freedom.
  6. For purposes of this policy:
    1. “Book buyer” means any person or entity, including a university or community college district bookstore, engaged in the purchase or sale of course materials.
    2. “Bundled” means one or more course materials that are packaged together to be sold as course materials for a single price.
    3. “Complimentary teacher edition” means a book with information that is meant for the exclusive use of faculty members, commonly labeled as an “instructor edition” or “instructor manual” and that contains answers and solutions, test questions and pedagogical techniques.
    4. “Course materials” means any textbook or other instructional tool published for the purpose of classroom instruction and used for or in conjunction with a course in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of an Arizona community college district.
    5. “Publisher” means any publishing house, firm or company that produces course materials.
    6. “Sample copy” means any book that is the same as the regular student edition.
    7. “Substantive content” means portions of a college textbook, including new chapters, additional eras of time, new themes or new subject matter.
    8. “Written information” means information provided on print material. Written information includes electronic communication or publication on a website.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED June 22, 2010, Motion No. 9714
ADOPTED November 25, 2008, Motion No. 9520

6.6 Data Assets and Information Technology Resources

With respect to data assets and information technology resources, the Chancellor will pursue policies and practices that are consistent with the treatment of data and information as a valuable enterprise asset.

Accordingly, he shall:

  1. Ensure that all enterprise data are secure from unauthorized access.
  2. Ensure that employees with a legitimate, work-related requirement to access enterprise data have the ability to do so.
  3. Ensure that policies are in place, along with appropriate training, to ensure appropriate confidentiality of enterprise data and information.
  4. Promote the use of Maricopa's enterprise data assets for evidence-based decision making.

MONITORING Method and Frequency
Method (Items 1-4): Internal
Frequency (Minimum): Once a Year

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED January 22, 2008, Motion No. 9467

6.7 Employment Standards

The following constitutes grounds for disciplinary action, up to and including termination of any Maricopa County Community College District (MCCCD) employee as outlined by the respective policy manuals:

  1. Willful and intentional violation of any state or federal law, applicable ordinance, MCCCD Governing Board policy, or MCCCD administrative regulation that affects the employee’s ability to perform his or her job.
  2. Making a false statement of or failing to disclose a material fact in the course of seeking employment or re-assignment of position at MCCCD.
  3. Willful and intentional failure to perform job duties that have first been communicated to an employee and are within the employee’s scope of employment.
  4. Willful and intentional commitment of acts of fraud, theft, embezzlement, misappropriation, falsification of records or misuse of MCCCD funds, goods, property, services, technology or other resources.
  5. Conviction of a felony or misdemeanor that adversely affects an employee’s ability to perform job duties or has an adverse effect on MCCCD if employment is continued.
  6. Fighting with a fellow employee, visitor, or student, except in self-defense. Committing acts of intimidation, harassment or violence, including (but not limited to) oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm.
  7. 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; the use of illegal drugs; or testing positive for illegal drugs. The exception would include the consumption of alcohol at a reception or similar event at which the employee’s presence is clearly within the scope of employment.
  8. Possessing firearms or other weapons on MCCCD property, except as may be required by the job or as otherwise permitted by law.
  9. Abandonment of one’s position.
  10. Intentional destruction or threat of destruction of MCCCD property, with malicious intent.
  11. Performing acts or executing job responsibilities in a reckless manner that pose a threat to the physical safety of the employee or another person.
  12. Failure by the College President, Vice Chancellor, Chancellor or other senior level administrators to notify appropriate law enforcement authorities of any potential theft of District funds or assets.

Statement on Rehiring

Employees (Board approved and otherwise) who are terminated or non renewed due to a determination that the employee has violated Maricopa Employment Standards as set forth above, or who resign in lieu of such termination or non renewal by agreement or otherwise, are not eligible for rehire within the Maricopa County Community College District. Employees will be afforded notice of such a determination and an opportunity to be heard pursuant to the applicable employee policy or administrative regulation.

The Vice Chancellor for Human Resources is responsible for reviewing documented violations of employment standards, establishing procedures for the review of recommended disciplinary action to be taken, and determining whether the recommended disciplinary action is consistent with the documented violations of the employment standards. The Vice Chancellor for Human Resources shall have final authority to recommend disciplinary action under this policy and shall document the rationale for all decisions. To the extent that the recommendation for disciplinary action by the Vice Chancellor for Human Resources differs from the recommendation of the employee’s College President or Vice Chancellor or other Chancellor’s Executive Council Member, the Chancellor shall be consulted and shall make the final recommendation on disciplinary action. The Vice Chancellor for Human Resources shall make recommendations that involve the Chancellor.

Quarterly, a summary report shall be submitted to the Governing Board on disciplinary actions taken pursuant to this policy.

AMENDED June 28, 2011, Motion No. 9836
AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED February 27, 2007, Motion No. 9407

6.8 Enrollment Management

With respect to enrollment management, the Chancellor will promote practices that result in well and efficiently managed college enrollments, and shall establish enrollment goals that are appropriate to each college.

Accordingly, he shall:

  1. Ensure that each college has a regularly updated enrollment management plan.
  2. Ensure that appropriate data are available to colleges for the development of enrollment management plans.
  3. Require regular progress reports on college enrollment management plans.

MONITORING Method and Frequency
Method (Items 1-3): Internal
Frequency (Minimum): Once a Year

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED January 22, 2008, Motion No. 9467

6.9 Executive Stewardship

As a multi-college district, the Governing Board recognizes the operational and administrative relationship between the Chancellor and the College Presidents. Consistent with Governing Board policies, including those for Public Stewardship and Ethics and Emergency Executive Succession, the Chancellor shall perform an annual review of the members of his executive council to include an examination of the College Presidents in the following areas:

  1. Progress toward the Governing Board Outcomes
  2. Progress toward College Goals including:
    1. Enrollment Management
    2. College Climate
    3. Diversity
  3. The Accomplishment of Personal Goals including:
    1. Executive Team Contributions
    2. Community and Professional Contributions
    3. Personal Improvement
  4. Demonstration of Public Stewardship and Ethics
  5. Progress toward Resource Development
  6. Accomplishments and Challenges

MONITORING Method and Frequency
Method (Items 1-6): Internal
Frequency (Minimum): Once a Year

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED May 27, 2008, Motion No. 9488

6.10 Facility Rentals

With respect to the setting of fees for the use of facilities that are owned and operated by the Maricopa Community Colleges by non-Maricopa individuals and organizations, the Chancellor shall direct that rental rates are set annually at the lowest level reasonably possible consistent with legal limits, including the so-called “gift clause” of the Arizona Constitution; statutory limitations on competition with private enterprise; statutory prohibition against use of district resources to influence elections; use restrictions imposed through district bond obligations; and such other restrictions as may be imposed by law. Board policies, administrative regulations, and guidelines concerning facilities use will be construed consistent with the goal of setting facilities rental rates as low as possible within the law.

Accordingly the Chancellor shall:

  1. Develop and implement a rate structure for the use of college/district facilities;
  2. Develop and implement charges for related expenses including equipment and personnel services;
  3. Develop and implement charges for utilities;
  4. Develop and implement a rate structure related to the taxation of rental income.

MONITORING Method and Frequency
Method: Internal
Frequency (Minimum): Ongoing/Matter of Practice

AMENDED January 24, 2012, Motion No. 9893
AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED December 14, 2004, Motion No. 9286

6.11 Identity Theft Red Flag and Security Incident Reporting

Overview

Description:  In accordance with the provisions outlined in the Federal Trade Commission’s Red Flag Rule, which implements Section 114 of the Fair and Accurate Transactions Act (FACTA) of 2003,[1] the Maricopa County Community College District (MCCCD) shall implement a program for Identity Theft Prevention.[2]  The purpose of the program is to provide information that will assist individuals in (1) identifying, detecting, preventing and mitigating identity theft in connection with the establishment or maintenance of any new or existing Covered Account and (2) reporting a Security Incident.

Applicability:  Information Security is everyone’s responsibility. All MCCCD Personnel and Persons of Interest (POIs) with access to MCCCD Sensitive Information, whether through use of online technology resources[3] or otherwise, are covered by this administrative regulation. MCCCD students are expected to know and comply with all current published policies, rules and regulations as stated in the college catalog, class schedule, and/or student handbook.[4]

Failure to Comply:  Failure to comply with this administrative regulation may result in disciplinary actions up to and including dismissal from employment and termination of service at MCCCD. Legal actions, including, but not limited to, the application of civil and criminal penalties, may also be taken for violations of applicable regulations and/or laws. MCCCD recognizes that laws and regulations involving security of Sensitive Information are continuously evolving.

1.  Identifying Identity Theft

​To identify relevant red flags, MCCCD considers the types of accounts that it offers and maintains, the methods it offers for opening and accessing those accounts, and prior experiences with identity theft. The following categories are identified as red flags:

          A. Alerts, notifications or warnings from a consumer reporting agency including fraud alerts, credit freezes

                    or official notice of address discrepancies.

          B. The presentation of suspicious documents such as those appearing to be forged or altered, or where

                   the photo ID does not resemble its owner, or an application that appears to have been severed,

                   reassembled and photocopied.

          C. The failure to provide all required information or presentation of suspicious personally identifiable information,

                   such as:           

                   i. a photograph or physical description on the identification that is not consistent with the appearance of

                       the person presenting the identification;

                   ii. discrepancies in address, social security number, student ID, or other information on file;

                   iii. an address that is either invalid, a post office mailbox or a prison; and/or

                   iv. a phone number that is likely to be a pager or answering service.

          D. Unusual use or suspicious account activity, such as:

                   i. material changes in payment patterns,  and/or

                   ii. notification that the account holder is not receiving mailed statements or that the account has

                       unauthorized charges.

          E. Requests to mail something to an address that is not on file.

          F. Notifications by students, victims of identity theft, law enforcement, and/or other persons regarding possible identity

                   theft in connection with Covered Accounts.

2.  Detecting Identity Theft

​The detection of red flags in connection with the opening of Covered Accounts and the processing of existing accounts can be made through internal controls such as:

         A. Obtaining and verifying the identity of a person opening and using an account.

         B. Authenticating customers

         C. Monitoring transactions.

         D. Verifying the validity of change of address requests for existing Covered Accounts.

 

3.  Preventing and Mitigating Identity Theft

​MCCCD’s Identity Theft Prevention Program shall provide for appropriate responses to detected red flags in order to prevent and mitigate identity theft. Examples of appropriate responses, depending on the circumstances, may include:

         A. Monitoring Covered Accounts for evidence of identity theft.

         B. Denying access to a Covered Account until other information is available to eliminate the identified red flag, or

                   close the existing Covered Account.

         C. Notifying the customer, law enforcement, and/or regulators in accordance with Administrative Regulation 4.23.

         D. Changing any passwords, security codes or other security devices that permit access to a Covered Account.

         E. Closing an existing account.

         F. Reopening a Covered Account with a new account number.

         G. Determining if no response is warranted given the particular circumstances.

4.  Reporting Actual and Suspected Exposure

Anyone, including, but not limited to, any MCCCD Personnel, who notices and/or suspects that MCCCD Sensitive Information may currently be or may have been exposed to someone without authorization should immediately contact the Chief Privacy Officer protectprivacy@maricopa.edu.  The Chief Privacy Officer is designated as the exclusive recipient of reports of this nature.  The Chief Privacy Officer is also responsible for obtaining details about the situation from the individual(s) and coordinating with the Incident Response Team (“IRT”) to take any additional actions that the IRT deems necessary.  Responsibilities of the IRT are described in MCCCD Administrative Regulation 4.24 Information Security Incident Response Plan.   

 

5.  Overseeing Service Providers

MCCCD remains responsible for compliance with the Red Flag Rules even in instances where services are outsourced to a third party. The written agreement between MCCCD and the third party service provider should require the third party to have reasonable policies and procedures designed to detect relevant Red Flags that may arise in the performance of their service activities. The written agreement should also indicate whether the service provider is responsible for notifying MCCCD of the detection of a Red Flag or if the service provider is responsible for implementing appropriate steps to prevent or mitigate identity theft.

 

6.   Overseeing the Identity Theft Prevention Program

The Chancellor shall designate a program administrator. The program administrator shall exercise appropriate and effective oversight over the Identity Theft Program and shall report regularly to the Governing Board and the Chancellor on the activities and status of the program. The program administrator shall be responsible for developing, implementing and updating the program throughout MCCCD. The program administrator shall be responsible for ensuring the appropriate training of Personnel, reviewing staff reports regarding the detection of Red Flags and implementing steps to identify, prevent and mitigate identity theft.

 

Definitions:   As used in this administrative regulation, the following terms have the respective meanings set forth below: 

ARS: Arizona Revised Statutes; the statutory laws that govern the state of Arizona as formally enacted in writing by the Arizona State Legislature, such as the Arizona law that requires businesses, including, but not limited to, colleges and universities, to provide consumer notification of data breaches involving personally identifiable information.  Pursuant to ARS § 44-7501, “personally identifiable information (PII) (a) Means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not encrypted, redacted or secured by any other method rendering the element unreadable or unusable: (1) The individual's social security number; (2) The individual's number on a driver license issued pursuant to ARS § 28-3166 or number on a nonoperating identification license issued pursuant to ARS § 28-3165; or (3) The individual's financial account number or credit or debit card number in combination with any required security code, access code or password that would permit access to the individual's financial account.”  PII does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media. 

Covered Account: a consumer account that involves multiple payments or transactions in arrears such as a loan that is billed or payable monthly. This includes accounts where payments are deferred and made by a borrower periodically over time such as with a tuition or fee installment payment plan.

Creditor: a person or entity that regularly extends, renews, or continues credit and any person or entity that regularly arranges for the extension, renewal or continuation of credit. Examples of activities involving MCCCD as a creditor may include:

       i. Participation in the Federal Perkins Loan program;

       ii. Participation as a school lender in the Federal Family Education Loan Program;

       iii. Offering institutional loans to students and Personnel;

       iv. Offering a plan for payment of tuition or fees throughout the semester, rather than requiring full payment at the

              beginning of the semester; or

       v. Offering emergency loans to students and Personnel.

 

FERPA: Family Educational Rights and Privacy Act; a federal law that protects the privacy of student education records. "Education records" are "those records, files documents, and other materials which 1) contain information directly related to a student; and 2) are maintained by an educational institution.” (20 U.S.C. § 1232g (a)(4)(A); 34 CFR § 99.3). FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 

GLBA aka Financial Services Modernization Act of 1999: Gramm–Leach–Bliley Act; an Act that requires “financial institutions,” including, but not limited to, colleges and universities, to protect the privacy of their customers, including information that customers provide to a financial institution that would not be available publicly (“personally identifiable financial information (PIFI)”).[5]  MCCCD, therefore, has a responsibility to secure the personal records of its students and employees.  To ensure this protection, GLBA mandates that all financial institutions establish appropriate administrative, technical and physical safeguards.  GLBA also requires financial institutions to provide notice to customers about their privacy policies and practices, but institutions of higher education are generally exempt from this requirement, because they already do so under FERPA.  Colleges and universities complying with FERPA are considered to be in compliance with GLBA.

HIPAA: Health Insurance Portability and Accountability Act of 1996; an Act to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

HIPAA Privacy Rule aka Privacy Rule: A statute that (1) establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically, (2) requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization, and (3) gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.  The Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral.  The Privacy Rule calls this information “protected health information (PHI).” (45 CFR § 160.103). Individually identifiable health information” is information, including demographic data, that relates to:

  • the individual’s past, present or future physical or mental health or condition,
  • the provision of health care to the individual, or
  • the past, present, or future payment for the provision of health care to the individual,

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Ibid. Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, social security number). 

The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. 

Information Security Incident Response Team (IRT): The internal ad hoc team of professionals that is convened to provide incident handling services to MCCCD during an ongoing information security event and to respond to an information security incident when the need arises. 

Payment Card Industry Data Security Standard (PCI DSS): Payment Card Industry Data Security Standard; a proprietary information security standard for organizations that handle cardholder information for the major debit, credit, prepaid, e-purse, automated teller machine (ATM), and point-of-sale (POS/ePOS) cards.  “Payment card information” is any personally identifiable information associated with a cardholder, such as the cardholder’s account number, account expiration date, name, address, or social security number.  All personally identifiable information associated with the cardholder that is stored, processed, or transmitted is also considered payment card information. 

Personnel: All full-time, part-time and temporary employees and faculty who work for the MCCCD organization.

POI: Person(s) of Interest; individuals such as the following who are not considered part of the MCCCD workforce but who are still of interest to the organization:

Person of interest category

Definition

Dual enrollment instructor

Individuals who teach college-level courses to high school students and are not compensated by MCCCD

Consultant

Individuals who are hired to do specialized work for MCCCD and are paid by outside sources

Agency temporary employee

Temporary agency employees who come to work for MCCCD and are paid by the temporary agency

Retired employee

Retired employees who continue a relationship with MCCCD are changed from Employee status to Person of Interest status

Call center or contract employee

Employees who provide support for some of our systems and are paid by the contracted company

Unpaid intern

An individual who is completing an internship at MCCCD for credit in their degree program

Volunteer

An individual who is working at MCCCD on a volunteer basis

Vendor (e.g., Follett bookstores, Chartwells dining services, Aramark facilities services)

Members of organizations that provide services to MCCCD employees and students

ESS Educational Services (e.g., hospitals providing adjuncts for nursing program and/or Fire Science/EMT department)

Members of organizations that have contractual relationships with MCCCD for specialized programs

 

Red Flag: a pattern, practice or specific activity that indicates the existence of identity theft or possible attempted fraud via identity theft on Covered Accounts.

Security Incident: the unauthorized access to and/or misappropriation of Sensitive Information. 

 

Sensitive Information: information that is protected by law, contractual obligation or administrative regulation. Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Sensitive Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry Data Security Standard (PCI DSS), respectively.

Reference(s):

MCCCD Administrative Regulations 2.1 General Regulation2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code

MCCCD Administrative Regulation 4.22 Statement on Privacy

MCCCD Administrative Regulation 4.23 Written Information Security Program

MCCCD Administrative Regulation 4.24 Information Security Incident Response Plan

MCCCD Administrative Regulation 6.17 Requests for Public Information 

Records Retention and Disposition Schedules for Arizona Community Colleges and Districts are located at: Employee Portal  [Employee credentials are needed to enter secure site].

Contact(s):

Anyone, including, but not limited to, any MCCCD Personnel, who notices and/or suspects that MCCCD Sensitive Information may currently be or may have been exposed to someone without authorization should immediately contact the Chief Privacy Officer protectprivacy@maricopa.edu.  The Chief Privacy Officer is designated as the exclusive recipient of reports of this nature.   The Chief Privacy Officer is also responsible for obtaining details about the situation from the individual(s) and coordinating with the IRT to take any additional actions that the IRT deems necessary.  Responsibilities of the IRT are described in MCCCD Administrative Regulation 4.24 Information Security Incident Response Plan.   

AMENDED BY DIRECT CHANCELLOR APPROVAL: November 12, 2014

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED September 22, 2009, Motion. No. 9606

 

[1] The Identity Theft Red Flags Rule, issued in 2007, requires creditors and financial institutions to implement identity theft prevention programs.  It is implemented pursuant to the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). The FACT Act amended the Fair Credit Reporting Act(FCRA) by directing the FTC, along with the federal banking agencies and the National Credit Union Administration, to develop Red Flags guidelines. These guidelines require creditors and financial institutions with covered accounts to develop and institute written identity theft prevention programs.

[2] This Administrative Regulation supersedes and expressly replaces Administrative Regulation 2.5.6 and Appendix S-11 such that Administrative Regulation 2.5.6 and Appendix S-11 are hereby repealed and no longer effective.

[3] MCCCD Administrative Regulation 4.4 Technology Resource Standards provides the following examples of technology resources:  Websites, applications (such as, but not limited to, MCCCD’s Instructure/Canvas-based Course Management System and RioLearn Learning Management System), desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information. 

[4] See, for example, MCCCD Administrative Regulations 2.1 General Regulation2.5.1 Disciplinary Standards, and 2.5.2 Student Conduct Code

[5] Also, See, 17 CFR 160.3 [Title 17 Commodity and Securities Exchanges; Chapter I Commodity Futures Trading Commission; Part 160 Privacy of Consumer Financial Information], for a related definition of PIFI and whereby some GLBA requirements with respect to futures commission merchants, commodity trading advisors, commodity pool operators and introducing brokers. 

6.12 Internal Control

While the Board has identified the Chancellor as the single official link to the operating organization, under the Maricopa Governance structure within this multi-college district, the Chancellor shall also direct management to operate within a system of internal control.

  1. Definition:
    The term "management" means members of the following employee groups: the Chancellor’s Executive Council (CEC), and Management, Administrative & Technological (MAT) as well as any other employee groups (excluding faculty except as defined herein) that may subsequently be created in which employees are exempt from the Fair Labor Standards Act. Additionally, this policy applies to faculty members who serve as division chairs and department chairs and therefore serve in a supervisory or decision-making capacity for a division or department, faculty members or other employees who serve as a director or coordinator of a program, service, institute or other initiative.
  2. Management Responsibility
    MCCCD management is charged with the responsibility for establishing a system of internal controls, risk management and organizational processes over the operations of MCCCD in a manner which provides the MCCCD Governing Board reasonable assurance that:
    1. Risks are appropriately identified and managed.
    2. Interaction with the various organizational groups occurs as needed.
    3. Significant financial, managerial, operational information is accurate, reliable and timely.
    4. Employees’ actions are in compliance with policies, standards, procedures and applicable laws and regulations.
    5. Resources are acquired economically, used efficiently and protected.
    6. Programs, plans and objectives are achieved.
    7. Significant legislative or regulatory issues impacting MCCCD are recognized and addressed appropriately.

    The system of internal controls over the operations is a function of management and is an integral part of the overall process of managing operations. As such, it is the responsibility of managers at all levels of the organization to:

    1. Identify and evaluate the exposures to loss which relate to their operations.
    2. Specify and establish plans and operating standards, procedures, systems, and other disciplines to be used to minimize, mitigate and/or limit the risks associated with the exposures identified.
    3. Establish practical systems of internal control processes that require and encourage employees to carry out their duties and responsibilities in a manner that achieves the seven (7) control objectives outlined in the preceding paragraph.
    4. Maintain the effectiveness of the systems of internal control processes that they are responsible for.
  3. Audit and Finance Committee
    ​The Audit & Finance Committee’s purpose is to assist the MCCCD Governing Board’s broad oversight and monitoring responsibilities for:
    1. The reliability, integrity and transparency of financial reporting and disclosure, and other financial information.
    2. The establishment and ongoing monitoring processes to assure adequate functioning of the systems of internal control.
    3. The establishment and ongoing monitoring processes of the MCCCD ethics initiative; compliance with applicable laws and regulations and MCCCD policies; including the results of ethics violations and violations of laws, regulations and MCCCD policies.
    4. The risk management policies and processes and ongoing monitoring efforts.
    5. The independence and performance of the internal and external auditors.
    6. The Audit and Finance Committee shall be chaired by a member of the community serving on the committee and the vice chair shall be a Maricopa Community Colleges Governing Board Member who serves on the committee. The community member shall be a financial expert.
    7. At least annually, the Audit and Finance Committee shall meet in executive session with the external auditor and or Internal Audit Director. Executive sessions shall exclude those committee members who are directly employed by the Maricopa Community Colleges, except the Internal Audit Director.
  4. Internal Audit Responsibility
    MCCCD’s Internal Audit and Management Advisory Services Department (IAMAS) is charged with the responsibility for ascertaining that MCCCD’s systems of internal controls, risk management, and organizational processes, as designed and represented by management, are adequate and functioning. IAMAS is also responsible for reporting to management and the Audit and Finance Committee of the Governing Board on the adequacy and effectiveness of the organization’s systems of internal control, together with ideas, counsel, and recommendations to improve the systems.
  5. Review and Approval of Statement
    The policy statement on Internal Control was reviewed and approved by all of those defined herein as management, as well as the chair of the Audit and Finance Committee. The District may elect to use an electronic form to collect these approvals/acknowledgements. The District may additionally engage in or require training of employees on this statement as may be necessary.

Approved by: Chair of the Audit & Finance Committee, Chancellor, Director of Internal Audit, College Presidents (CGCC, EMCC, GWCC, GCC, MCC, PVCC, PC, RSC, SCC, SMCC), Vice Chancellors (Business Services, Human Resources, Academic and Student Affairs), Other Chancellor's Executive Council Member(s) (CEC), All Other Persons Defined in this Policy

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED February 27, 2007, Motion No. 9410

6.13 International Travel

A.  The MCCCD Governing Board acknowledges that the Maricopa Community Colleges are committed to international and intercultural education and globalization efforts. The Maricopa Community Colleges include global education as an integral component of the District’s mission, and seek to create an environment where teaching and learning is augmented and enhanced by international study and work opportunities for faculty and by student-centered educational opportunities that prepare students for successful participation in the global community. International travel is just one of the ways in which the MCCCD mission for global education is accomplished.

B. All international travel is subject to the rules and requirements stated in the existing travel regulations (Administrative Regulation 1.15 --Travel).

C. The Chancellor of the Maricopa Community Colleges has final approval of all international travel, regardless of funding source or destination. College Presidents have first line of authority for all international travel involving students, faculty, and staff at their colleges. Vice Chancellors have first line of authority for all international travel involving staff in their divisions. The Executive Vice Chancellor and Provost has authority to recommend for Chancellor’s approval any proposed student education abroad, and faculty exchange, curriculum development, strategic global initiatives, and international student recruitment or reject the proposals because outcomes are not clear, criteria are not met, or program is not rigorous enough.

D. Student education abroad, faculty exchange and curriculum development programs, strategic global engagement initiatives, and international student recruitment are considered mission critical, and will be approved based on criteria noted below:

D.1. Student Education Abroad:

All courses offered as part of student education abroad must be approved MCCCD courses and must meet academic standards. All courses taught abroad will be equal to or surpass the same academic quality and excellence of a course offered locally at any of the MCCCD colleges. The course competencies and content outline must be the ones that are officially approved for the course and published in the MCCCD course bank. The courses must meet the MCCCD rules concerning the length of time a course must meet. The proposed study abroad program will not be approved if courses are offered for recreational or travel purposes only.

The proposal for a study abroad program should include at a minimum:

A. Title of the course(s), course description, number of credits, course competencies, and course content outline.

B. Daily schedule of events, locally and abroad, indicating all of the activities of the course where contact hours are earned, including pre and post-trip class meetings. The total number of contact hours awarded must be exactly that which is officially required for the course (1 credit requires at least 15 hours of classroom or other supervised instruction). Contact hours cannot be awarded for a “visit” or a “tour” unless those activities include a lecture, discussion, or other instructional activity.

C. Justification, indicating why it is important for the course to be offered at the proposed destination and how the location supports the specific goals, objectives, and learning outcomes of the program as well as the mission of the Maricopa Community Colleges.

After the program occurs, the faculty sponsor will submit a full written report to the Executive Vice Chancellor and Provost and college administration, including his/her evaluation of the program and evaluations from all student participants. The report will be used to evaluate the program and ensure it continues to serve the needs of the students and the colleges. This evaluation will serve as the basis for continued support of the program and future funding. This information will also be included in quarterly reports prepared for the Chancellor and the Governing Board.

D.2 Faculty Exchanges and Curriculum Development Programs:

Each faculty member interested in participating in a faculty exchange or curriculum development program will develop a proposal indicating how she/he will apply in his/her job what was learned by participation in the program. The proposal should address at a minimum the following:

  • How the objectives of the proposed project relate to the purpose of the program;

  • How the proposed project contributes to international learning outcomes and global competence;

  • A clear description of expected outcomes and benefits to the students and the colleges. For example:   

            - Curriculum changes; e.g., modifications to an existing course, creation of a new course, development of a new

                         program or certificate and/or
            - Potential partnerships; e.g., development of a new study abroad program.

  • Description of how faculty member intends to share the learning with a broader audience:

           - Preparation of a report to be shared with District and college administrators documenting the experience

                        and resulting contributions to the District and the college and/or
          - Participation in activities to make the learning public; e.g., presentations at the college and/or District-wide,

                        presentation at conference, publication of articles in newsletters and other venues, etc. and/or
          - Development of curriculum models that can be shared with other faculty for their use.

At the conclusion of the program, each participating faculty will submit a written report to the Executive Vice Chancellor and Provost and college administration, including his/her evaluation of the program and a plan of action to apply what was learned. The report will be used to evaluate the program and ensure it continues to serve the needs of the students and the colleges. This evaluation will also serve as the basis for continued support of the program and future funding. This information will also be included in quarterly reports prepared for the Chancellor and the Governing Board.  At the end of the following academic year, each faculty member will be asked to submit a status report that describes progress made meeting the expected outcomes outlined in the proposal.

D.3 Strategic Global Engagement Initiatives

In support of greater internationalization of the Maricopa Community Colleges, a broader range of strategic global engagement initiatives may be considered, as supported by the Chancellor, which aligns with the district’s mission, vision and strategic priorities. College and district leadership can be drivers of this global engagement, providing direction to the internationalization and global engagement efforts while also supporting faculty driven initiatives for strategic engagement abroad. The following categories of travel will be considered:

  • Engagement in individual or group travel tied to a specific college or district strategic priority or area of focus (e.g. a faculty and administrator exploring an opportunity linked to a college strategic initiative, or a district leadership team considering a strategic international partnership opportunity.)
  • Participation in an international delegation sponsored by the United States, a foreign government, or other national/international organization that supports institutional mission and strategic directions.
  • Pursuit of income-generating opportunities for MCCCD in the area of contract training abroad that have no direct cost to the district, but have indirect benefit (e.g., assisting a new community college abroad in developing an instructional program that would generate revenue for the college/district, increase the faculty participant’s global competency, and provide a framework for future collaboration in the areas of curriculum, research and student learning.)
  • Travel opportunities that have a mutual benefit to the college/district and the community, and that align with the district’s strategic priorities.

Proposals for travel related to strategic global engagement initiatives will address how the proposal aligns with the college and/or district’s mission, vision and strategic priorities, in addition to other information requested in the standard district International Travel Proposal.

Upon return to the college/district, each traveler will submit a written report to the Executive Vice Chancellor and Provost, including outcomes achieved and plan for next steps.  This information will be included in quarterly reports prepared for the Chancellor and the Governing Board.

D.4 International Student Recruitment

Travel proposals related to international student recruitment may be considered as a means to strengthen the diversity of the colleges and to generate an additional tuition revenue stream for the district.

Recruitment proposals will be required to address criteria noted below, in addition to information requested in the standard district International Travel Proposal:

  • The cost-effectiveness of the proposal (projected financial return in relation to funds expended).
  • The college’s commitment and ability to provide the requisite student services.
  • How this effort fits into the larger vision of international student recruitment by the college, including marketing efforts already used to draw students (social media and other “arm chair” recruitment tools).
  • How the college will assess the success of the effort over a three-year period.

Upon return to the college/district, the travelers will submit a written report to the Executive Vice Chancellor and Provost, including activities in which they engaged, outcomes achieved, and plan for next steps. This information will be included in quarterly reports prepared for the Chancellor and the Governing Board.

E.  Exceptional Opportunities

The Chancellor may consider requests on a case-by-case basis for participation in exceptional opportunities that are not considered mission critical as defined above. Other types of international travel (e.g., conferences, seminars, institutes, or board meetings sponsored by a professional organization or association) may be considered for approval by the Chancellor if the following criteria are met:

The event presents a unique opportunity for the individual and the institution and the learning or professional opportunity does not exist in the United States or its territories, or if the individual has a commitment to participate as a representative of Maricopa on a board, council, or committee of a professional association or organization. Individuals will submit a proposal to address at a minimum the following:

  • How the proposed travel is linked to the individual’s job responsibilities.
  • Whether or not the opportunity, or a similar one, is available in the United States or its territories.
  • What role the individual will play: keynote speaker, conference presenter, session/meeting facilitator, trainer, conference participant, board member, etc.
  • How participation in the event or meeting benefits the institution.
  • How the learning will be shared with others at MCCCD.

Participants will submit a written report describing the activities in which they engaged, what outcomes were achieved, and how the learning will be shared with others at MCCCD. This information will be included in quarterly reports prepared for the Chancellor and the Governing Board.

F. Quarterly, each College President and each Vice Chancellor shall submit a detailed report to the Chancellor of all international travel including, but not limited to, name of traveler, destination, dates of travel, amount of funding, source(s) of funding, purpose and benefit to the institution, achieved outcomes, and plan to disseminate information learned or resulting products.

G. Quarterly, the Chancellor shall submit a summary report to the Governing Board on all international travel.

Amended through Direct Approval from the Chancellor, November 12, 2014 and Executive Vice Chancellor & Provost, November 14, 2014.

Amended February 22, 3011, Motion No. 9781, 9782

Adopted February 27, 2007 Motion No. 9414

6.14 Non-Credit Course Charges

With respect to the setting of charges for non-credit courses offered by the Maricopa Community Colleges, the Chancellor shall follow the parameters for setting non-credit private course offering and non-credit public course offerings, as applicable to the course and individuals taking the course. Courses that have charges that fall within these parameters are considered to be a "safe harbor charge" and may be implemented without specific governing board approval. Any charges that do not conform to these parameters must be specifically approved by the Governing Board before the non-credit course is offered.

Accordingly, the Chancellor shall:

  1. Develop and implement charges for non-credit private course offerings. Private course offerings are for customized training for individual businesses or public agencies. Course pricing is market based and negotiated with each individual business or public agency. Such pricing is considered to be a "safe harbor charge", which shall be calculated to recover, at a minimum, total estimated direct costs.
  2. Develop and implement charges for public non-credit course offerings. Non-credit public course offerings are for customized personal interest instruction. Enrollment is open to all individuals. Each individual is personally responsible for payment of all course charges. Such pricing is considered to be a "safe harbor charge" and shall be developed based upon estimated enrollment to recover total estimated direct costs, but not exceed total estimated direct costs plus 75% for other charges associated with course offerings. Pricing may be developed based on aggregate costs for all non credit public offerings by a college to allow for cost and revenue sharing to offer the broadest mix of courses possible.
  3. Develop charges using the definition for direct costs, as appropriate. Direct costs are for services and products directly associated with providing a course. These may include salaries and benefits, supplies, capital equipment, travel, transportation, lodging, facility or equipment rental, postage, marketing, bank credit card charges, and admission charges.
  4. Develop charges using the definition for other charges associated with course offerings, as appropriate. Other charges are for shared services and products that support non-credit course offerings but are not directly associated with a specific course. These may include direct and indirect administrative overhead (administrative salaries and benefits, supplies, postage, marketing, travel, memberships), and charges for future development of new courses.

MONITORING Method and Frequency
Method: Internal
Frequency (Minimum): Ongoing/Matter of Practice

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED December 13, 2005, Motion No. 9349
ADOPTED March 25, 2003, Motion No. 9152

6.15 Public Safety

The mission of the Department of Public Safety at each college or center is to provide assistance, safety and security for people on campus, protection of District and personal property, traffic control, visitor assistance, lost and found property, loss prevention and loss reporting, identification of safety hazards and training and orientation of employees and students.

Certification pursuant to ARS §15-1444(10), the Governing Board appoints as police officers all eligible certified chiefs of security and certified safety personnel. These police officers shall have the authority and power of peace officers.

The Chancellor shall maintain a safe learning and working environment. Accordingly, he or she: shall be charged with designing and implementing the means to maintain college environments that are safe for students, employees and the community at large. This includes identifying and outlining District versus college authority over public safety matters through administrative regulations and establishing district standards of practice for the Department of Public Safety at each college. The Governing Board recognizes that the college safety officers that are certified pursuant to ARS §15-1444A(10) have the authority and power of peace officers. The Governing Board authorizes and requires its certified safety directors and officers to be armed with District issued firearms and other such weapons as may be required by the District. The arming of officers shall be pursuant to Arizona state law, annual or other required firearms qualification by Arizona peace officers standards and training (AzPost) as well as training or other requirements established by the Maricopa Community College District except as otherwise may be prohibited by law or other restrictions such as prohibitions on the carrying of firearms on tribal property.

  1. When on-duty and on campus, sworn officers shall:

    Be armed with their assigned firearm at all times (except as may be prohibited by law or other restrictions such as prohibitions on the carrying of firearms on tribal property), and

    If not in uniform and on-campus, display their badge in such a manner that the officer is easily identifiable as an officer.

  2. When off-duty, sworn officers may carry their District issued firearm, subject to the following limitations:Officers will not carry firearms while consuming alcohol, or where the reputation of the department would suffer.

    If an officer carries his/her District firearm off-duty, the officer must also carry his/her badge, college or District identity card, a second loaded magazine, and handcuffs.

    Officers who carry their weapon off-duty are subject to the same policies, rules and procedures as those which govern actions on-duty.

  3. Officers who are off-duty and not acting in a policy capacity, who desire to engage in firearms practice/training with a District owned firearm at other than a police range will:

    Use only commercially produced factory new or factory reload ammunition.

    Immediately notify an on-duty supervisor in the event of an accidental discharge involving injury or property damage.

    Be governed by, and subject to, all provisions of policy, procedure and protocols relating to the use and handling of firearms.

  4. The District Director of Public Safety, with the approval of the College President and in consultation with the Vice Chancellor for Human Resources and General Counsel, may require an officer to surrender the officer's District owned firearm, and prohibit the officer from carrying a firearm, as follows:

    When the peace officer is relieved of the peace officer's duties and is under a criminal or administrative investigation.

    When the peace officer exhibits any impairment, including any physical or mental impairment that would cause concern for the well-being and safety of the officer, the officer's law enforcement agency, law enforcement agency employees or the community.

    As provided by law.

    The surrender and prohibition shall remain in place until the right to carry the firearm is reinstated by the District Director of Public Safety, with the agreement of the College President.

Adoption of this policy has the effect of eliminating Administrative Regulation 4.7 (Security Regulation).

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED September 23, 2008, Motion Nos. 9510 & 9511
AMENDED October 23, 2007, Motion No. 9447
ADOPTED October 24, 2006, Motion No. 9385

6.16 Public Stewardship and Ethics

The Governing Board of the Maricopa Community College District recognizes the responsibility to demonstrate ethical and professional conduct. In order to demonstrate this commitment to public trust and accountability to the communities that we serve, all Governing Board Members and all employees shall be required to participate in training that focuses on public stewardship and institutional ethics. Such training shall be rigorous, practical and application based. Newly hired Board-Approved employees shall be required to participate in training during their probationary period or within one year of their hire and every three years thereafter, with subsequent training to focus on updates or changes in course content. Existing Board-Approved employees shall be required to participate in training within two years of the adoption of this policy and every three years thereafter. Board-Approved employees includes those who have or could attain permanent status, one year onlys, one semester onlys, skill center and specially funded employees. The District also shall consider ways of training temporary employees once initial training of Governing Board Members and Governing Board-Approved employees is complete. Temporary employees shall be required to participate in training every three years after initial training. The delivery of training to temporaries may differ from that of regular employees, in recognition of the fact that they may work on a part-time or seasonal basis.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED November 27, 2007, Motion No. 9451
ADOPTED February 27, 2007, Motion No. 9403

6.17 Requests for Public Records

As a political subdivision of the state of Arizona, the Maricopa County Community College District is subject to applicable laws related to the inspection and production of public records. A public record entails any record, either paper or electronic, made by a public officer (including members of the Governing Board, faculty, staff and administrators) and kept as a memorial of an official transaction.

All official reports and documents that are not exempt from disclosure will be made available for public access for inspection and copying upon a written request that reasonably describes an identifiable record or records. An appropriate fee may be charged for copying records, including a reasonable amount for the cost of equipment and personnel used in producing copies, but not for the cost of searching for records. The Chancellor shall establish administrative regulations that are necessary to outline the appropriate procedures and fees related to the inspection and production of public records.

Requests for documents will receive a response within a reasonable period of time. The Office of General Counsel must review information that is requested by lawfully issued administrative summons or judicial orders, including search warrants or subpoenas.

For the review of personnel files, the Governing Board of the Maricopa County Community College District establishes that the following information be disclosed regarding present or former employees:

  1. Name
  2. Titles or positions (including academic degrees and honors received)
  3. Fact of past or present employment
  4. Dates of employment
  5. Salaries or rates of pay
  6. Name of employee's current or last known supervisor
  7. Disciplinary Records
  8. Self-Evaluations
  9. Performance Reviews

Personnel records that are works in progress or part of the deliberative process are not subject to release. Access to personal records or disclosure of other personnel information may be provided in compelling circumstances affecting the immediate health or safety of the individual and others.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED March 23, 2010, Motion No. 9668
ADOPTED October 28, 2003, Motion No. 9204

6.18 Special Services Employments

  1. Limited, temporary special services employments allowing for additional compensation to Management, Administrative & Technological (MAT) or Residential Faculty employees for work beyond their normal hours of employment may be made upon the recommendation of a College President or, for the District Office, a Vice Chancellor, and the approval of a Vice Chancellor for Human Resources where one of the following conditions exists. Additionally, the terms of this policy apply to any and all other individuals having special services employments:
    1. The employee possesses specialized knowledge or skills needed by an operating unit of the District which is not the employee's regular place of employment, and where the employee's workload does not permit "loaning" of services to the other unit during regular work hours; or
    2. The employee is part of a special project or contract between the District or a college and a corporate or government client and the client requests a temporary change of schedule to accommodate a special need; or
    3. The employee is part of a highly specialized program and possesses special skills which are not readily available elsewhere, the employer has additional assignments which are critical to the further development or maintenance of the specialized program, and the special assignment is not sufficient to warrant a full-time employee and requires skills that cannot be readily acquired on less than a full-time basis.                                                       
  2. Every special services employment created pursuant to this policy shall be for a specified term, which shall not exceed twelve months. Work performed under such a special services employment shall be performed outside the employee's normal work hours or hours of accountability, and shall not be within the scope of the employee's normal full-time employment.
  3. Employees and supervisors proposing special services employments are required to provide specific, detailed information about the scope of work, objectives and outcomes of the employment and the person and title of person for whom the work is performed. Falsification of special services employments can lead to employee discipline, including termination, for all parties involved.
  4. Supervisors are required to verify all existing special services employments to determine that the employee reasonably can perform their normal work responsibilities as well as work to be performed under special services employments. The Vice Chancellor for Human Resources may set forth certain limits on the number of hours of work performed under special services employments in order to ensure that work can reasonably be performed and employees and supervisors shall observe these limits when establishing special services employments.
  5. Special services employments shall not be put into effect on a retroactive basis.
  6. Supervisors will be required to submit in writing a statement detailing how the employee met the objectives of the employment; this is to be administered pursuant to guidelines established by the Vice Chancellor for Human Resources. Employees who fail to meet the objectives of the employment may be ineligible for future special services assignments and/or subject to disciplinary or other appropriate action.
  7. Paragraphs 11.4 (regarding shift differentials) and 19.3 (regarding overtime pay and/or compensatory time) of the MAT policy manual shall not apply to the calculation of compensation for a special services employment under this policy.
  8. This policy shall in no way diminish the rights of residential faculty regarding assignments beyond the regular contract as provided under the Residential Faculty policy manual.
  9. The Vice Chancellor for Human Resources, Vice Chancellors or College Presidents may delegate their responsibilities under this policy. Delegations shall be in writing and may not be delegated below the dean level or, for the District office, the director level.

AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED April 28, 2009, Motion No. 9552
AMENDED February 27, 2007, Motion No. 9406
AMENDED February 27, 2003, Motion No. 9148
AMENDED November 27, 2001 (for inclusion in Board Auxiliary Policy Type only)
ADOPTED July 24, 2001, Motion No. 9049

6.19 Use of Force

The Chancellor shall implement guidelines that are adopted by the Governing Board for Maricopa County Community College District (MCCCD) Public Safety Officers on the use of force in the performance of their duties.

POLICY

MCCCD Public Safety Officers will use only the force necessary to accomplish lawful objectives while protecting the lives of the Officer and others. The Control Options Response Chart serves as a guide for the escalation and de-escalation of force. Violation of this policy may result in sanctions as prescribed by MCCCD policy. Additionally, violation of Arizona state law may result in criminal and/or civil penalties in a court of law.

Since use of force decisions are made under exceedingly varied scenarios and often on a split-second basis, all Officers must be provided with the necessary knowledge and training upon which to make such decisions. Officers must also attain and maintain proficiency with firearms, impact weapons, oleoresin capsicum sprays or approved chemical agents, tasers, less-lethal weapons, handcuffs, and other equipment that may be used in the line-of-duty.

A written report will be submitted whenever an Officer discharges a firearm, intentionally or accidentally, for other than training or sporting purposes. An Officer must also submit a written report if he or she applies physical force through the use of any lethal or less-lethal weapon, and/or takes an action that results in or is alleged to have resulted in injury or death of another person.

The District Director of Public Safety will ensure that both criminal and administrative investigations into all incidents involving the use of lethal force are conducted promptly and accordance with the prescribed policy. Incidents involving complaints about other uses of force, e.g., voice commands, pain compliance, etc., will be handled according to MCCCD procedures.

The affected college will temporarily remove from a line-duty assignment, pending administrative review, any Officer whose actions or use of force results in a death or serious physical injury. During this period, provisions for post-incident debriefing and psychological counseling for the involved Officer will be made available.

DEFINITIONS

  1. Reasonable Belief: An Officer's belief or action is reasonable if the facts or circumstances the Officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. The reasonableness of a particular use of force must be judged from the perspective of a reasonable Officer on the scene, in light of the facts and circumstances confronting him or her, rather than with the 20/20 vision of hindsight. Allowances must be made for the fact that Officers often must make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.
  2. Serious Physical Injury: Serious physical injury includes physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
  3. Less-Lethal Force: Less-lethal force is defined as the use of a technique, weapon, or equipment to stun, temporarily incapacitate, or cause temporary discomfort to a person’s body. Less-lethal force is any use of force other than that which is considered lethal force.
  4. Subject’s Actions
    1. Passive Resistance Physical actions that do not prevent an Officer’s attempt at control but may include verbal responses.
    2. Psychological Intimidation
      1. A combination of physical signs on the part of the subject who is ignoring verbal commands that indicate the subject is making mental/physical preparations before a fight begins.
      2. A combination of physical signs which may include, but are not limited to: clenching/unclenching of fists, setting of the jaw, accelerated breathing, verbal statements, and/or aggressive facial expressions.
    3. Defensive Resistance
      1. Physical actions on the part of a subject, who is ignoring verbal commands, which attempt to prevent the Officer’s control, but do not constitute an assault.
      2. Examples include ignoring the Officer’s verbal commands and pulling away, hiding behind/under objects, pinning arms under the body, thrashing around, body going rigid, assuming a fighting stance.
    4. Danger to Self Physical actions on the part of the subject resulting in self-inflicted injuries or that indicate intent to harm one or commit suicide.
    5. Active Aggression
      ​Assault with non-deadly physical force.
    6. Aggravated Active Aggression
      ​Assault with force which is capable of creating a substantial risk of causing death or serious physical injury.
    7. Dangerous Fleeing Felon
      ​The Officer reasonably believes that it is necessary to prevent the escape of a fleeing subject and the Officer reasonably believes that:
      1. The subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death.
      2. The escape of the subject would pose an imminent danger of death or serious physical injury to the Officer or another person.
  5. Force Options (see Control Options Response Chart)
    1. Display of Force
      1. Officer Presence.
      2. Verbal Commands.
    2. Subject Control
      1. Techniques that have a minimal chance of injury. Examples: empty hand escort controls, pressure points, etc.
      2. For deployment guidelines refer to policy.
    3. Chemical Agents
      1. Oleoresin Capsicum (OC) pepper spray. For deployment guidelines refer to policy.
      2. Hand held or weapon-deployed gas/smoke. For deployment guidelines refer to policy.
    4. Intermediate Force Options
      1. Hard hands techniques (pain compliance) applied to primary target areas. Examples: nerve endings and muscle groups, which have a minimal chance of injury.
      2. Taser deployment guidelines/requirements refer to policy.
    5. Hard Hand Control
      1. Techniques that have more than a minimal chance of injury. Examples: kicks; elbow, palm, or knee strikes; punches to secondary targets such as joints, tendons, ligaments, and skeletal structure.
    6. Impact Weapons
      1. Includes those weapons authorized for use by MCCCD.
      2. For deployment guidelines/requirements, refer to MCCCD policy.
    7. Lethal Force
      ​Force that is capable of creating substantial risk of death or serious physical injury.

TRAINING

Officers will demonstrate knowledge of Arizona Revised Statutes (ARS) and MCCCD’s use of force policy. Prior to initial duties, each officer will receive refresher training on Arizona State law and MCCCD use of force policy.

At least once a year, Officers will receive refresher training on use of force law, relevant case law, and MCCCD polices to include a written assessment component. This training will be developed, coordinated and managed by the District Director of Public Safety. A minimum score of 80% must be attained on the assessment. Failure to achieve a minimum score will subject the Officer to remedial training and reevaluation.

Proficiency skills and continuing education training records will be maintained by the District Director of Public Safety’s Office. The District Director will disseminate periodic reports to the College Directors of Public Safety on Officers and other employees of their Public Safety College Departments. An annual training report will be provided to the Vice Chancellor of Business Services by January 30th of each year on training conducted during the preceding calendar year.

CONTROL OPTIONS RESPONSE CHART AS A GUIDE

The use of any force is usually reactionary in that the Officer is responding to the subject’s initial or potential actions. The Officer’s use of force is then constantly changing in response to the subject’s actions. The goal in any use of force is to stop the subject’s resistance or assault, using only the amount of force that is reasonable and necessary.

The Control Options Response Chart is a guide to assist Officers in choosing the appropriate level of force to be used to affect the arrest or maintain control over the situation. An Officer’s choice in the level of force may take into account many variables, including, but not limited to:

  1. Officer to suspect: size, gender, age, fitness level, combat skills, presence of multiple subjects, and proximity of backup.
  2. Environmental conditions: lighting, weather, clothing, and high danger area.
  3. Totality of circumstances: suspect’s danger to self or others, drug and alcohol influences, injury or exhaustion of Officer, Officer on the ground, mental state of the suspect, and prior knowledge about the suspect.

CONTROL OPTIONS CHART – (“X” indicates an authorized option)
Note: Progression of control options will normally proceed from left to right on this chart. However, Officers may immediately use any authorized option, if justified.

HANDLING SUSPECTS AFTER USE OF FORCE DEPLOYMENT

  1. Observe persons subjected to force options for “High Risk Indicators” of Sudden In-custody death. High risk indicators include:
    1. Bizarre/violent behavior (prior to, during, and after arrest).
    2. Obesity.
    3. Drug or alcohol use.
    4. Ineffectiveness of OC.
    5. Use of physical restraint techniques.
  2. Medical personnel should be summoned whenever the use of force creates a visible injury, complaint of injury or a suspected injury.
  3. Do not allow subjects to remain face down. Once restrained, sit subject upright and monitor their condition. Transport in upright, seated position.
  4. Persons who have been subjected to chemical agents will, as soon as is practical, after they are under police control, be afforded means of decontaminating to lessen discomfort.

USE OF FORCE REPORTING

  1. A Use of Force Supplement form will be prepared and submitted along with an original incident report in the following instances:
    1. When a firearm is discharged for other than training or legitimate recreational or sporting purposes.
    2. Anytime an Officer uses a pain compliance technique on a subject if it results in alleged or actual physical injury or death.
    3. When a less-lethal or lethal weapon is used on a person.
    4. When a taser has been deployed, whether contact is made with a subject or not.
    5. When action results or is alleged to have resulted in injury or death.
  2. A supervisor will be immediately summoned to the scene and will comply with investigative procedures as required by MCCCD in the following situations:
    1. When a firearm is discharged in the line-of-duty.
    2. When a use of force results in death, serious injury, or suspected injury.
    3. When a subject complains that an injury has been inflicted.
    4. When misconduct is alleged or suspected.

OFFICER AND DEPARTMENTAL RESPONSE

  1. Involved Officer
    1. When an Officer discharges his/her weapon either accidentally or officially, the Officer will immediately:
      1. Determine physical condition of any injured person, when the incident is under control, and render first aid.
      2. Request paramedics.
      3. Notify dispatch of the incident and location.
      4. Notify his/her supervisor.
      5. Protect his/her weapon for examination and submit the weapon to the scene investigator. The weapon will be kept in the condition found after the incident. The only exception is for the Officer to “check” the safety if necessary. The Officer will be issued a replacement weapon as soon after the incident as possible.
      6. Refrain from discussing the incident with anyone except for appropriate MCCCD supervisory personnel and investigating personnel.
      7. Prepare a detailed report of the incident unless directed otherwise by the investigating supervisor.
  2. Dispatcher
    1. The involved dispatcher(s) will:
      1. Notify the nearest agency of the situation and request back-up if needed.
      2. Dispatch responding units if the situation is still continuing.
      3. Notify paramedics and ambulance personnel; get direction from the Officer in Charge (OIC) where to stage medical personnel.
      4. Notify the Officer’s supervisor.
  3. College Director of Public Safety
    1. The College Director of Public Safety will:
      1. Respond immediately to the scene.
      2. Establish control of the scene.
      3. Secure the perimeter area.
      4. Direct Officers present at the scene, and evaluate the need for additional support.
      5. Notify the necessary personnel.
      6. Ensure all principal(s) and witnesses are located and kept in separate locations pending interviews. If more than one Officer is involved, they should also be separated.
      7. Brief appropriate college officials and District Director of Public Safety, and investigators about the incident.
      8. Assist all involved employees. Determine if a debriefing or support group is needed and make arrangements for them to respond.
      9. Ensure a detailed log of the incident to include dates, times, personnel involved in the investigation, and assignments are made.
      10. Notify outside agencies for assistance if needed.
  4. Responsibility for the investigation rests with the District Director of Public Safety
    1. The District Director of Public Safety or designee may call upon the assistance of an outside agency to assist in the investigation.
    2. Ensure that a thorough investigation is conducted whenever an Officer discharges a duty weapon for other than training purposes.
    3. Assigned investigators:
      1. Proceed immediately to the scene upon being notified.
      2. The assigned investigator highest in rank will be responsible for the crime scene.
      3. When a death or serious physical injury is involved a representative from the appropriate County Attorney’s office or agency with jurisdiction will be notified.
      4. Weapons of the Officer(s) involved in the shooting will be turned over for examination.
      5. All witnesses will be interviewed.
      6. The scene will be processed by the assigned investigative team.
      7. Pre-interviews of witness employees at the scene will be conducted as a fact finding mission. Separate interviews will be conducted for each person involved.
      8. Initiate an area canvas to locate additional witnesses who have pertinent information regarding the shooting.
    4. Witness employee(s) will be interviewed prior to pre-interviewing the involved Officer(s), unless exigent circumstances exist.
    5. If deemed necessary by MCCCD supervisory personnel on the scene, the involved Officer(s) may be interviewed first.
    6. Conduct an on scene critique with the investigators and the County Attorney to discuss the facts and circumstances of the case.
    7. Prior to a formal interview with the involved Officer(s), a review should be made to determine whether an admonition of Miranda warnings is appropriate. The decision to read Miranda rights will be based on the totality of the circumstances, and information available at the time of the investigation. Consultation with the County Attorney’s Office should occur prior to the admonition of rights.
  5. Where an Officer’s use of force causes death or serious physical injury, the significantly involved Officer(s) will be placed on administrative leave until cleared to return to work by a MCCCD contracted psychologist.
  6. The affected college, upon recommendation of the District Director of Public Safety, may remove any Officer from line-duty, pending review, for any excessive or inappropriate use of force. All reviews will be completed within 30 days, unless extended.
  7. Internal investigations of an Officer involved shooting or other incidents will be conducted by an agency designated by MCCCD for the following purposes:
    1. To access the scene to gather information for a later internal administrative report.
    2. To monitor interviews of witnesses, including witness officers and employees.
    3. Internal investigators will not participate in or be present during the criminal investigation interview of the Officer(s) who is/are the subject of the investigation.

MONITORING Method and Frequency

  1. Once a Use of Force Supplement is completed and reviewed, the approving college Director of Public Safety will forward the original incident report and Use of Force Supplement to the appropriate college administrator and a copy to the District Director of Public Safety for review.
  2. The District Director of Public Safety in consultation with the affected college president will determine if there are any policy, training, weapon/equipment and/or discipline issues which should be addressed.
  3. Within two weeks, the District Director of Public Safety will forward the reports and review to the Vice Chancellor of Business Services.
  4. An annual analysis will be completed at the end of each calendar year by the District Director of Public Safety and submitted to the Vice Chancellor for Business Services.

Method: Internal
Frequency (Minimum): Ongoing/Matter of Practice

REFERENCES
ARS 13-105.34, "Serious Physical Injury"
ARS 13-409, “Justification; Use of Physical Force in Law Enforcement”
ARS 13-410, “Justification; Use of Deadly Physical Force in Law Enforcement”

AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED October 23, 2007, Motion No. 9448

6.20 Whistleblower Protection

In response to a legislative directive, the Governing Board has adopted the following policy:

  1. It is a prohibited personnel practice for an employee who has control over personnel actions to knowingly take an adverse personnel action against an employee in reprisal for disclosing to a public body, pursuant to A.R.S. § 38-532, information that the employee reasonably believes evidences a violation of any law, mismanagement, a gross waste of monies or abuse of authority to a public body. Any District employee found to have committed a prohibited personnel practice is subject to dismissal and a civil penalty of up to five thousand dollars, except that upon a finding that an employee committed a prohibited personnel practice against an employee who disclosed information that the employee reasonably believed evidenced a violation of any law, the employee who knowingly committed the prohibited personnel practice is subject to a civil penalty of up to ten thousand dollars, the employer shall dismiss the employee and the employee is barred from any future employment by the government entity.
  2. The following terms shall have the meaning given to them by A.R.S. § 38-531:
    1. Employee
    2. Former Employee
    3. Law Enforcement Officer
    4. Personnel Action
    5. Public Body
    6. Reprisal
  3. It shall not be a violation of this policy to take an adverse personnel action towards an employee whose conduct or performance warrants discipline.
    For purposes of this administrative regulation, an adverse personnel action is defined as the following:
    1. Termination of employment
    2. Demotion, with or without a salary reduction
    3. Imposition of suspension without pay
    4. Receipt of written reprimand
    5. Failure to appoint, promote or reemploy
    6. An unsupported negative performance evaluation
    7. Withholding of appropriate salary adjustments
    8. Involuntary transfer or reassignment
    9. Elimination of the employee's position absent a reduction in force, reorganization or by reason of a decrease or lack of sufficient funding, monies or workload
    10. Significant changes in duties or responsibilities which are inconsistent with the employee's salary or grade level
  4. An employee or former employee who believes he or she has been subjected to an adverse personnel action based on disclosure of information pursuant to A.R.S. § 38-532 may file a complaint with the Governing Board.
    1. The complaint must be in writing, must set forth the basis for the claim or reprisal, and must be filed with the Assistant to the Governing Board within 10 days of the effective date of the action taken against the complainant. In all instances, except those in which the complaint alleges wrongful conduct by the Chancellor, the Assistant to the Governing Board must forward the complaint to the Chancellor or designee immediately, and in no case more than one business day after receipt of the complaint. If the complaint alleges wrongful action by the Chancellor, the Assistant to the Governing Board shall forward the complaint to the President of the Governing Board, or Secretary, if the President is not available, within one business day.
    2. In all instances, except those in which the complaint alleges wrongful actions by the Chancellor, the Chancellor or designee shall, within five business days after receipt of a complaint, establish a Whistleblower Hearing Committee (Committee) to hear the complaint.
    3. In instances in which the complaint alleges wrongful actions by the Chancellor, the Governing Board shall, within five days after receipt of the complaint, name an independent, external Hearing Officer to hear the complaint.
    4. The Committee shall be composed of three persons not associated with the incident or allegations. The make-up of the Committee shall be as follows: one College President from a college not related to the alleged violation to be named by the Chancellor; one District employee named by the complainant; one District employee named by the individual who is accused of committing a prohibited personnel practice.
    5. The Committee or Hearing Officer shall make an initial determination of jurisdiction over the subject matter within 10 business days after receipt of the complaint by the Chancellor. The Committee or Hearing Officer shall decide, based upon the contents of the written complaint and any additional information the parties desire to submit, whether (1) the complainant did, in fact, disclose information to a public body concerning an alleged violation of law, mismanagement, gross waste of monies or abuse of authority and (2) whether an adverse personnel action as defined herein took place. If the answer to either (1) or (2) is “no,” the Committee or Hearing Officer shall inform the parties that the complaint has been dismissed for lack of jurisdiction.
    6. If the answers to both (1) and (2) in paragraph 5(E) are yes, the Committee or Hearing Officer shall accept jurisdiction and set a hearing date no later than 30 calendar days after receipt of the complaint by the Chancellor.
    7. The hearing shall be for the purpose of determining of whether a prohibited personnel practice occurred.
    8. All parties at the hearing may be represented by counsel.
    9. The hearing will be open to the public except where the complainant requests a confidential hearing. The hearing will not be subject to the technical rules of evidence, except the rule of privilege recognized by the court. Each side will have the opportunity to call witnesses, present evidence, and cross-examine the other party's witnesses. The hearing will be recorded and transcribed upon the request of either party. The requesting party will bear the cost of transcription.
    10. Within 15 days after the conclusion of the hearing, the Committee or Hearing Officer shall issue findings of fact and a recommended decision, including recommendations as to any appropriate discipline and the amount, if appropriate, of a civil penalty pursuant to A.R.S. § 38-532(C). The civil penalty many not exceed $5,000.00, except that a upon a finding that an employee committed a prohibited personnel practice against an employee who disclosed information that the employee reasonably believed evidenced a violation of any law, the employee who knowingly committed the prohibited personnel practice is subject to a civil penalty of up to ten thousand dollars, the employer shall dismiss the employee and the employee is barred from any future employment by the government entity.
    11. The findings and recommendations shall be immediately forwarded to the Governing Board. The Governing Board may accept, reject or modify the findings and recommendations.
  5. The District shall have Ombudsperson Services that are available to the external (non-employees) community and internal employee community to address complaints and concerns relative to the operations of the Maricopa County Community College District. These services may be staffed by District employees or may be contracted or both. The District shall also maintain a 24-hour hotline for the submission of complaints and concerns (anonymous or otherwise). These services are not considered to be services of the "public body" as defined in section 2 of this policy; persons seeking whistleblower protection may avail the services of the public body as defined in section 1.
    1. Among the concerns or complaints that may be reviewed by the Ombudsperson are unsolicited, derogatory and anonymous complaints or concerns about employees. These shall not be reviewed separately by the Governing Board.
    2. Quarterly, the Chancellor shall submit to the Governing Board and District Audit and Finance Committee summary information on the number of Ombuds and 24-Hour Hotline complaints in the District. Such report shall protect the identity of Ombuds and 24-Hour Hotline reporters from disclosure. Quarterly, the Chancellor also shall submit to the Governing Board and District Audit and Finance Committee summary information on complaints and concerns submitted to the external and internal Ombudsperson Services. Identities shall be protected from disclosure.

AMENDED December 10, 2019, Motion No. 10639
AMENDED February 22, 2011, Motion No. 9781, 9782
AMENDED November 27, 2007, Motion No. 9455
AMENDED February 27, 2007, Motion No. 9409
AMENDED December 13, 2005, Motion No. 9349
AMENDED November 27, 2001 (for inclusion in Board Auxiliary Policy Type only)
ADOPTED October 23, 1990, Motion No. 7424

6.21 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.

AMENDED May 22, 2012, Motion No. 9943
AMENDED February 22, 2011, Motion No. 9781, 9782
ADOPTED March 26, 2002, Motion No. 9097

6.22 College Course Materials

The Chancellor may not operate without establishing and maintaining adherence to explicit operating policies for employees when ordering course materials from publishers and working with book dealers.
Further, the Chancellor:

  1. Shall not operate without periodic review of the pertinent operating policies to ensure compliance with Arizona Revised Statutes §15-1891 and/or other relevant statutes.

MOVED to Administrative Regulations (Board Resource Policies) on October 22, 2013, Motion 10112
This language corresponds with Administrative Regulation 6.5 College Course Materials

AMENDED February 22, 2011, Motion No. 9781, 9782

6.23 International Education

With respect to international education within the Maricopa Community Colleges, the Chancellor shall not jeopardize the district's academic or fiscal integrity relative to curriculum and delivery of instruction, fail to establish sound guidelines and procedures for all travel abroad, and fail to show a generally acceptable level of oversight.
Further, the Chancellor:

  1. Shall not operate without clearly established parameters for the development and evaluation of Education Abroad programs for students enrolled in any of the Maricopa Community Colleges. At minimum, courses offered must be Board approved MCCCD courses and must meet all academic standards for content and length.
  2. Shall not operate without clearly established parameters for the development and evaluation of Faculty Exchanges and Curriculum Development Programs abroad.
  3. Shall not operate without clearly established parameters for the recruitment of international students.
  4. Shall not operate without clearly established guidelines and procedures, including evaluation of outcomes, for travel abroad by students and all employees.

MOVED to Administrative Regulations (Board Resource Policies) on October 22, 2013, Motion 10112

AMENDED February 22, 2011, Motion No. 9781, 9782

6.24 Public Access and Expression on District Property [Free Expression Policy]

Legal Reference:A.R.S. § 15-1864, A.R.S. § 15-1865

 

SECTION 1: Definitions

1.1  “AR” means Administrative Regulation.

1.2  “BP” means Board Policy.

1.3  “Breach of the Peace” means seriously disruptive behavior as prohibited by Arizona’s “disorderly conduct” statute (A.R.S. §13-2904), including, but not limited to, committing acts of violence, using abusive or offensive language or gestures to any person in a manner likely to provoke immediate physical retaliation by such person, making unreasonable noise; engaging in protracted disruptive behavior to prevent a lawful meeting, gathering, or procession; and refusing to obey a lawful order to disperse.

1.4  “Commercial Speech” means all non-District advertising, marketing, sales, purchases, or agreements for the sale or purchase of goods or services, and all non-District solicitations of gifts of money or other goods or services by a person, groups of persons, or other entity, including charitable organizations. Commercial Speech is not Public Expression for purposes of this BP.

1.5  “Content Neutral” means without regard to the substance or subject matter of the Public Expression or to the viewpoint(s) expressed therein.

1.6  “District” means Maricopa County Community College District (MCCCD) and its associated colleges, sites, and locations, specifically Chandler-Gilbert Community College, Estrella Mountain Community College, Gateway Community College, Glendale Community College, Mesa Community College, Paradise Valley Community College, Phoenix College, Rio Salado College, Scottsdale Community College, and South Mountain Community College.

1.7  “District Authorized Activity” means an activity by any individual, group, or organization that has been permitted to take place on District Property by the Chancellor, Chief Operating Officer, a College President, or his/her respective designee but is not organized, initiated, aided, or supervised by the District’s administration or official organizations.

1.8  “District Community” means, collectively, all persons employed by, volunteering for, enrolled in classes at, or visiting the District or attending any District Sponsored Activity, including Governing Board members.

1.9  “District Property” means any college, building, or grounds owned, leased, operated, or controlled by the District, as well as any structures, improvements, or equipment thereon.

1.10  “District Sponsored Activity” means any event, activity, or endeavor officially sanctioned by the District, on-or-off District Property, that is organized, initiated, aided, or supervised by the District’s administration or official organizations.

1.11  “Employee” means any person employed by the MCCCD on a full-time, part-time, temporary, or regular basis or directly engaged in the performance of work under the provision of a contract with the District. This definition does not include unpaid Volunteers.

1.12  “Fighting Words” means verbal or nonverbal Speech that, by its very utterance or other method of communication, based on reasonable and commonly accepted community standards, 1) inflicts injury on a person to whom it is addressed (including, but not limited to, seriously abusive or insulting epithets of a personal nature addressed to a specific individual), or 2) is reasonably likely to provoke immediate physical retaliation by the person to whom it is spoken, or 3) is intended to incite or encourage others hearing the speech to commit an imminent Breach of the Peace, act of vandalism, or act of violence against the speaker or against someone else.

1.13  “Gratuitous Violence” means real or simulated graphic, realistic visual depictions of brutal acts of physical harm or cruelty to or the infliction of brutal physical harm or cruelty upon humans, animals, or human- or animal-like creatures and, taken as a whole, lacks discernable literary, artistic, political, or scientific value.

1.14  “Harassment” means unwelcome Speech or conduct directed toward a specific individual that a reasonable person in the individual’s position would perceive as being so severe, persistent, or pervasive as to deny or substantially disrupt the individual’s ability to fully participate in or benefit from Ordinary District Operations or a District Sponsored Activity.

1.15  “Heckler’s Veto” means completely preventing or attempting to completely prevent a speaker from speaking or from being heard by others through persistent, suppressive, and overwhelming boos, chants, shouted comments, or other intentional disruptions. A Heckler’s Veto does not include isolated or intermittent vocal disagreement or heckling, even if it is loud, disrespectful, or briefly disruptive.

1.16  “Obscenity” means Speech or other expression in any medium that a reasonable person applying contemporary community standards would find appeals or is intended to appeal primarily to prurient interests, depicts or describes sexual conduct in a blatantly graphic or patently offensive way, and, taken as a whole, lacks discernable literary, artistic, political, or scientific value.

1.17  “Ordinary District Operations” means all day-to-day business and other functions of the District, including, but not limited to, academic instruction, administrative services, performance of employment responsibilities, facilities maintenance and grounds keeping, creative activity, community events, campus safety and security, and the maintenance of a Districtwide environment that is open, accessible, and welcoming to the District Community.

1.18  “Posted” means affixed to or deposited on District Property by any means.

1.19  “Prohibited Discrimination” means the unjust, prejudicial, or less favorable treatment of a person or group of persons based on actual or perceived protected characteristics or status in violation of state, federal, or municipal law, or District policy.

1.20  “Public Area” means an outdoor area that is generally open to the public during the District’s regular hours of operation and accessible by a public road or walkway without the need to enter or pass through a building or enclosed space. Public Areas do not include the interiors of District buildings or enclosed outdoor spaces, such as building atriums or athletic fields.

1.21  “Public Expression” means all Speech – EXCLUDING Breaches of the Peace, Commercial Speech, Fighting Words, Gratuitous Violence, Harassment, Heckler’s Veto, Obscenity, Prohibited Discrimination, or True Threats – conducted in a Public Area, including, but not limited to, protests, demonstrations, rallies, speeches, forums, the distribution of posters or leaflets, and the collection of signatures for petitions, and includes all activities related to an individual’s right to peacefully assemble and/or petition the government for a redress of grievances.

1.22  “Public Posting” means any written or printed material that is placed on District Property in a Public Area or affixed to any structure on District Property in a Public Area.

1.23  “Reserved Area” means a Public Area that has been reserved and scheduled in advance by a specific individual or group for a particular activity in accordance with applicable District policy.

1.24  “Speech” means communication through any means, including, but not limited to, spoken or printed words or symbols, expressive gestures or utterances, symbolic actions, artistic expression, or forbearance from any of the foregoing (e.g., intentional silence or non-participation in expressive actions).

1.25  “Student” means any person currently enrolled in courses at the District on either a full-time or part-time basis, as well as any person currently registered for or participating in continuing-education classes through the District.

1.26  “Student Organization” means an organization composed primarily of students which has received recognition according to District policies and procedures through the campus Department of Student Life.

1.27  “True Threat” means Speech in any medium that the speaker intends to communicate a serious expression of an intent to commit an act of unlawful violence against a specific person or group of persons or to cause serious damage to the property of another.

1.28  “Visitor” means any person physically present on District Property or in attendance at a District Sponsored Activity who is not a current Student, Employee, Governing Board Member, or authorized Volunteer.

1.29  “Volunteer” means any individual who is not an Employee or Student of the District, and is authorized by the District to perform and voluntarily performs services for the District without promise, expectation, or receipt of compensation, future employment, or other tangible benefit, including academic credit. A Volunteer is not an Employee of the District for any purpose.

SECTION 2: General Principles

  1. The District will at all times maintain a Content Neutral position in the application and enforcement of this BP.

  2. As an institution of higher education, the District is dedicated to the principle that a free exchange of ideas is fundamental to the pursuit and dissemination of knowledge. To that end, the District is committed to protecting every member of the District Community’s right to speak, write, listen to, explore, and debate competing ideas.

  3. In any higher-education environment, including here at the District, it is normal for the ideas of various members of a District community to differ and sometimes conflict with each other or members of the public. Although the District values highly the principles of civility and mutual respect, it is not the proper role of an institution of higher education to attempt to shield members of the District Community from ideas and opinions they may find unwelcome, disrespectful, upsetting, or even deeply offensive. Concerns about civility and mutual respect do not justify closing off discussion of any ideas or opinions, no matter how disagreeable or offensive they may be to some or even most members of the District Community.

  4. The District is committed fully to the fundamental tenet of higher education that the appropriate response to false, offensive, or even abhorrent Speech is not to prohibit it or hide from it, but to respond to and challenge it with more Speech.

  5. Although members of the District Community are free to criticize and contest the views expressed by others, they may not deny, materially obstruct, or otherwise improperly interfere with others’ freedom to express views with which they disagree or which they find offensive or even loathsome.

  6. The freedom to express ideas does not mean members of the District Community may exercise that freedom in ways that are incompatible with Ordinary District Operations or the rights of other members of the District Community, including their right to a full and equal opportunity to pursue their education, to a District environment free from impermissible or Prohibited Discrimination and Harassment, to access the resources available at the District, and to express their own opinions and beliefs.

  7. The District may restrict Public Expression that violates state, federal, or local law; defames a specific person; or constitutes a Breach of the Peace, Commercial Speech, Fighting Words, Gratuitous Violence, Harassment, a Heckler’s Veto, Obscenity, Prohibited Discrimination, or a True Threat; or otherwise disrupts Ordinary District Operations, District Sponsored Activities, or District Authorized Activities.

  8. The District may place reasonable, Content Neutral regulations on the time, place, and manner of Public Expression to ensure it does not disrupt Ordinary District Functions, District Sponsored Activities, or District Authorized Activities.

  9. The fact that Public Expression activity occurs on District Property does not imply and should not be construed as implying approval or endorsement by the District of any viewpoint or message expressed during the activity.

SECTION 3: Location of Public Expression

  1. Any Public Area on District Property may be used for Public Expression consistent with this BP, including on a spontaneous basis, provided the Public Area has not already been reserved for use at that same time, subject to reasonable time, manner, and place restrictions (see Section 4, below).

  2. Reser