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. Reserving Public Areas for Public Expression

    1. Reservations are not required in order to use Public Areas for Public Expression activities; however the District may require reservations be made if the event is large in scope or anticipates large crowds.

    2. The District recommends individuals or groups who wish to engage in Public Expression activities that are anticipated or likely to involve or attract large numbers of people, or that will involve special equipment (e.g., stages or platforms, chairs, sound amplification) consult with the District’s administration regarding the most appropriate Public Areas to accommodate those activities and reserve those Public Areas in advance and to reserve the area by using the Facilities Use Request form

    3. Individuals or groups who wish to engage in planned Public Expression activities may reserve a particular Public Area in advance by submitting a written “Facilities Use Request” as follows:

      1. At least seven (7) business days before the anticipated date of the Public Expression activity, although the District strongly encourages the submission of reservations as early as possible;

      2. To the respective College President or his/her designee when Public Expression activities are to be conducted at one of the District’s campuses;

      3. To the Chief Operating Officer or his/her designee for activities to be conducted at the District’s District Office.

      4. Facilities Use Requests may be obtained from the District’s individual College Facilities Department or online through the College Facilities Department.

    4. Reservation submissions to the District Facilities Department will be processed on a first-come-first-served, Content-Neutral basis and may be denied at the District’s discretion under one or more of the following circumstances:

      1. The Public Expression activity conflicts with scheduled District Sponsored Activities or District Authorized Activities;

      2. The Public Area in question has already been reserved by another individual or group;

      3. The Public Expression activity for which the reservation is sought does not conform to reasonable time, place, and manner restrictions set forth by the District;

      4. The individual or group submitting the reservation has a prior history with the District of engaging in Public Expression activities that are harmful or injurious to members of the District Community, damaging to or the cause of excessive littering on District Property, excessively disruptive to Ordinary District Operations, or that otherwise violate District policy or do not conform to the District’s time, place, and manner restrictions.

    5. Individuals and groups submitting reservations will be notified within five (5) business day if their reservations are confirmed or have been denied.

    6. If a reservation submission is denied, the District will provide a timely written explanation for the denial and make reasonable efforts to work with the individual or group whose reservation was denied to modify the reservation submission to facilitate its approval.

  3. The District reserves the right to cancel any Public Area reservation or terminate any Public Expression activity already in progress if anyone participating in the Public Expression activity engages in any conduct prohibited by this BP (see Section 8 below), by state or federal law, municipal law, tribal law, and/or District policy.

  4. Appeals

    1. An appeal of the denial or cancellation of a reservation submission or of a decision to terminate Public Expression activity may be submitted to the Chief Operating Officer or his/her designee within three (3) business days of the date of the denial, cancellation, or termination.

    2. Consideration of appeals shall be limited to questions of whether a misapplication of this BP or other District policies or procedures resulted in the denial or cancellation of a reservation submission or the decision to terminate Public Expression activity. The Chief Operating Officer, or his/her designee, will not review or otherwise second-guess decisions regarding Public Expression or this BP on any other basis.

    3. Appeals must be in writing and state the following:

      1. The name of the individual bringing the appeal (the “Appellant”) and whether he or she is bringing it on behalf of a particular group;

      2. A summary of the facts leading to the denial, cancellation, or termination, including the date, time, and location of the Public Expression activity, as well as a description of the Public Expression in which the Appellant engaged or intended to engage;

      3. The basis for the Appellant’s belief that this BP or other specific District policy or procedure was misapplied, and

      4. The relief the Appellant is requesting.

    4. A copy of the Appeal must be delivered to the Chief Operating Officer or his/her designee and to the College President.

    5. The Appellee may submit a written response to the appeal within one (1) business day. Copies of the Appellee’s response must be delivered to the Chief Operating Officer or his/her designee and to the Appellant.

    6. Appeals pursuant to this BP will be decided and the Appellant notified of the decision within two (2) business days of the District’s receipt of the appeal.

SECTION 4: Time, Place, and Manner Restrictions

  1. Reasonable time, place, and manner restrictions may be imposed on Public Expression activities to achieve a compelling District interest, including, but not limited to, ensuring Ordinary District Functions are not disrupted and to protect the safety and security of the District Community and District Property.

  2. Time, place, and manner restrictions shall be determined by the respective College President or designee on a case-by-case basis, in consultation with the District’s police department and legal counsel.

  3. Any and all time, place, and manner restrictions shall be the least restrictive means necessary to achieve the compelling District interest and must not effectively stop or prevent spontaneous Public Expression. Such restrictions must be designed to maximize opportunities and alternative channels for Public Expression.

  4. Any and all time, place, and manner restrictions on Public Expression shall be Content Neutral.

  5. In the event the District deems it necessary to restrict Public Expression, the District will nevertheless, to the maximum extent practicable, propose and provide alternate opportunities for such Public Expression.

  6. The District reserves the right to require any form of Public Expression that a reasonable person applying contemporary community standards would find includes themes or depictions of graphic violence, explicit human sexual acts, or explicit human nudity (but does not otherwise constitute Gratuitous Violence or Obscenity) be conducted or displayed at a time, in a place, and/or in a manner designed to decrease the likelihood that members of the District Community (e.g., minor children) will unintentionally encounter the Public Expression, regardless of its artistic, scientific, or academic value;

SECTION 5: After-Hours Public Expression on District Property

District Property, including all non-public and Public Areas, may not be used for Public Expression activities from 9:00 p.m. until 7:00 a.m., seven (7) days per week, excluding Public Expression associated with Ordinary District Operations or District Sponsored Activities, without the express written permission of the Chief Operating Officer or his/her designee.

SECTION 6: Invited Speakers

  1. Public Areas on District Property shall be open to speakers invited by Students, Student Organizations, and District faculty to engage in Public Expression at the District.

  2. The District shall make reasonable efforts to address the safety of persons engaged in Public Expression on District Property, including invited speakers and persons attending invited speakers’ events.

  3. The District may charge a reasonable fee for the provision of security services at Public Expression events involving invited speakers, provided security fees are charged uniformly and are in no way based on or influenced by the content of the Speech of the invited speaker or of the person or group who invited the speaker.

Section 7: Non-Invited and Non-Affiliated Users

  1. Please see Administrative Regulation 2.4.9 Use of College Grounds by Non-MCCCD-Affiliated Users.

SECTION 8: Amplified Sound

The District reserves the right to restrict or prohibit the use of amplified sound during Public Expression activities at times when amplified sound is reasonably likely to interfere or disrupt Ordinary District Operations, District Sponsored Activities, or non-amplified District Authorized Activities.

SECTION 9: Contemporaneous Counter- Protests and Counter-Demonstrations

  1. Protests, demonstrations, or other Public Expression activities may attract or invite other forms of Public Expression in response, including, but not limited to, contemporaneous counter-protests and counter-demonstrations.

  2. The District will, to the maximum extent possible, treat individuals and groups engaging contemporaneously in Public Expression and in counter-Public Expression equally in accordance with this BP.

  3. To preserve the health and safety of the District Community and to prevent damage to District Property, the District reserves the right to place mutual time, place, and manner restrictions on Public Expression activities and contemporaneous counter-Public Expression activities, including, but not limited to, requiring that activities be conducted a reasonable distance from each other, not to exceed the distance minimally necessary to maintain safety and order.

SECTION 10: Prohibited Conduct

  1. The District expressly prohibits any conduct, regardless of any association it may have with legitimate Public Expression activity, if the conduct

    1. Adversely affects or directly threatens to adversely affect the health or safety of members of the District Community or their opportunity to enjoy District programs and District Sponsored Activities, or

    2. Materially disrupts Ordinary District Operations.

  2. Specific conduct prohibited by this BP includes, but is not limited to, the following:

    1. Causing physical injury or harm to a person;

    2. Directing threats at individuals or specific groups of persons or attempting to intimidate them in a manner that would cause a reasonable person to fear for his or her own safety;

    3. Obstructing sidewalks, vehicular roadways, or building entrances and exits;

    4. Excluding or ejecting members of the District Community from a Public Area because of the content of their Public Expression;

    5. Engaging in a Breach of the Peace, Fighting Words, Gratuitous Violence, Harassment, a Heckler’s Veto, Obscenity, Prohibited Discrimination, or a True Threat;

    6. Removing or obscuring Public Postings bearing an official stamp from the District before the expiration date indicated on the stamp (see Section 10 below);

    7. Damaging or threatening to damage District Property;

    8. Causing excessive and unreasonable littering or soiling of District Property;

    9. Remaining on District Property after receiving lawful notice to depart;

    10. Stating or implying, directly or indirectly, that any Public Expression activity or viewpoint of an individual or group on District Property is that of the District or is endorsed, supported, or approved of by the District.

SECTION 11: Commercial Speech

  1. The District is not required to permit any Commercial Speech on District Property and may restrict Commercial Speech on the basis of its content.

  2. Any Commercial Speech on District Property is prohibited without the express written consent of the Chief Operating Officer or his/her designee.

  3. The Chief Operating Officer shall designate one or more coordinators for Commercial Speech and commercial events held on District Property, including on each District College Campus.

  4. Designated coordinators shall be responsible for ensuring that any Commercial Speech on their respective District Properties is consistent with District policies, procedures, and institutional values, as well as in compliance with applicable state and federal law, municipal law, tribal law, and/or District policy.

  5. Designated coordinators may, at their discretion, decline to permit any Commercial Speech.

SECTION 12: Public Postings

  1. Public Postings – including, but not limited to, posters, flyers, leaflets, notices, and other printed materials, regardless of any Public Expression content – may be Posted on District Property only in designated areas.

  2. All Public Postings must be officially stamped by the respective Dean of Student Affairs or his/her designee with the date the posting expires, not to exceed thirty (30) days from the original date they are posted. Expired Public Postings will be removed promptly by the District.

  3. Official date-stamps will be issued by the Dean of Student Affairs on a Content Neutral basis and will not be withheld unless the Public Posting constitutes a Breach of the Peace, Fighting Words, Gratuitous Violence, Harassment, Obscenity, Prohibited Discrimination, or a True Threat.

SECTION 13: Anonymous Expression

  1. Choosing to speak anonymously does not absolve members of the District Community of responsibility for their Public Expression or other speech, and anonymous Public Expression must comply with this BP and all other applicable District policies and procedures, as well as applicable state and federal laws, municipal law, tribal law, and/or District policy.

  2. Anonymous Public Postings that do not comply with the District’s Public Posting procedures may be removed at any time by any person.

SECTION 14: Violations

  1. Any individual who violates this BP may be removed and/or trespassed from District Property or a District Sponsored Activity and/or denied the ability to reserve Public Areas of the District for future Public Expression activities.

  2. Any violation of this BP by a District Student or Employee that also constitutes a separate violation of District policy may be subject to additional applicable sanctions pursuant to the Student Code of Conduct or applicable District Policy, respectively.

  3. Any violation of this BP that also constitutes a violation of federal or state law may also subject an individual or group to additional sanctions, including criminal arrest, prosecution, and/or civil penalties.

SECTION 15: Complaints

  1. Any member of the District Community who feels his or her right to Public Expression has been violated or that this BP has not been followed or has been misapplied may contact the District’s Office of Public Stewardship to submit a complaint.

  2. In addition to pursuing the District’s complaint process, members of the District community also have the right to file, and do not need to exhaust the District’s complaint process before filing, legal claims regarding First Amendment violations, including with outside agencies, such the following:

 

United States Department of Education
Office of Civil Rights (OCR)
1244 Speer Blvd., Suite 310
Denver, CO 80204-3582
Phone: (303) 844-5695
Fax: (303) 844-4303
Email: OCR.Denver@ed.edu

United States Equal Employment Opportunity Commission
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012-2504
Phone: (602) 640-5000
Phone: (800) 669-4000
TTY: (800) 669-6820
Fax: (602) 640-5071

Arizona Attorney General
Office of Civil Rights
2005 N. Central Ave.
Phoenix, AZ 85004-2926
Phone: (602) 542-5263
TDD: (602) 542-5002

 

ADOPTED November 20, 2018, Motion No. 10587

6.25 Settlement Authority

  1. The Governing Board has the sole authority to approve any settlement amount exceeding $100,000.
  2. The Chancellor and the General Counsel are empowered by the Governing Board to approve the settlement of pending and threatened claims and lawsuits as follows:
    1. After consultation with the General Counsel or designated Associate General Counsel, the Chancellor has authority to approve any settlement amount greater than $25,000 and up to $100,000.
    2. The General Counsel or designated Associate General Counsel has authority to approve any settlement amount up to $25,000.
    3. As soon as practicable, the Office of General Counsel will inform the Chancellor and the Governing Board of the general nature and amount of any settlement entered into pursuant to paragraph A or B above.
    4. A quarterly report shall be submitted to the Governing Board outlining the settlements that were made directly by the Chancellor and the General Counsel or designated Associate General Counsel.

ADOPTED May 25, 2021