Mission

The mission of the Internal Audit & Management Advisory Services (IAMAS) Department is twofold: to support the vision, mission and values of the Maricopa County Community College District (MCCCD) and its colleges and centers by providing independent, objective assurance and consulting services designed to add value and improve the organization's operations; and to help ensure the efficient and effective use of resources, program operations, and stewardship over assets. The IAMAS department helps the MCCCD accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.

Authority 

As established within MCCCD administrative regulation (1.13.1 Internal Audit Authority), the IAMAS Department is granted authority to:

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

Access

As established within MCCCD administrative regulation (1.13.2 Internal Audit Access) in the performance of audits, members of the IAMAS team are granted unlimited accessibility to all MCCCD activities, records, property, and employees, within the limits of the law, and are charged with maintaining stringent accountability of safekeeping and confidentiality.  They are granted unrestricted access to the Chancellor, all Vice Chancellors, all college presidents and provosts, the MCCCD Governing Board, and the Audit & Finance Committee.

Scope of Work

The scope of work includes assurance services to determine whether the organization’s network of risk management, control and governance processes, as designed and represented by management, is adequate and functioning in a manner to ensure:

• Risks are appropriately identified and managed.
• Interaction with the various governance groups occurs as needed.
• Significant financial, managerial, and operating information is accurate, reliable and timely.
• Employees’ actions are in compliance with policies, standards, procedures and applicable laws and regulations.
• Resources are acquired economically, are used efficiently and are adequately protected.
• Programs, plans and objectives are achieved.
• Quality and continuous improvement are fostered in MCCCD’s control process.
• Significant legislative or regulatory issues impacting the organization are recognized and addressed properly.

Accountability

The Director of IAMAS (Director), in the discharge of his/her duties, shall be accountable to management and the Audit & Finance Committee to:

• Report significant issues related to the processes for controlling the activities of the MCCCD, including potential improvements to those processes, and provide information concerning such issues through resolution. This would include informing and advising the Audit & Finance Committee of the Governing Board and management on the areas examined, and discharging the responsibilities in a manner that is consistent with the Institute of Internal Auditors (IIA) Code of Ethics.
• Provide copies of completed audits to the Audit & Finance Committee and Governing Board Members. The Director and IAMAS staff will lead the discussion on audit reports with the Audit & Finance Committee. IAMAS follow-up on audit recommendations will occur three months after the audit is completed. This will serve to ensure timely implementation of findings. If progress on findings is unclear as to a plan of action to address the findings within six months, the Audit & Finance Committee may request the auditee to attend the next Audit & Finance Committee meeting to review the status of the audit findings. Significantly delinquent audit finding progress may also be referred to the appropriate Vice Chancellor for follow-up with the auditee.  If the Audit & Finance Committee does not find that the auditee’s response is adequate, it will so notify the Chancellor and Governing Board.

Reporting Relationships and Independence

Reporting relationships will be maintained in a manner that supports departmental independence and promotes comprehensive audit coverage. To provide for the independence of IAMAS, its personnel report to the Director, who reports administratively to the Vice Chancellor for Business Services while operating under the direction of the Audit & Finance Committee. The Director  will periodically report to the Audit & Finance Committee in a manner outlined in the section on accountability and will provide  a regular report on Internal Audit personnel. As necessary, the Director may  meet  with the MCCCD  Chancellor to discuss the status of the audit plan and matters of concern.

The Director of IAMAS Has Responsibility To:

• Develop a flexible annual audit plan using appropriate risk-based methodology, including any risks or control concerns identified by management, and submit that plan to the Audit & Finance Committee for review and approval.   At the beginning of each fiscal year, the Audit & Finance Committee formally authorizes the three-year audit plan. This plan is used in planning and budgeting audit assignments and is annually re-evaluated using a risk assessment process. Input obtained from senior management, college administrators, and the Auditor General’s Office is instrumental in developing this plan. The audit plan is considered a guide to distribute internal audit coverage across MCCCD but remain flexible enough to accommodate unexpected changes.
• Implement the annual audit plan, as approved, including, and as appropriate, any special reviews or projects requested by members of the Chancellor’s Executive Council (CEC) and the Governing Board. Any special reviews will be initiated through an audit intake form, completed by a CEC or Governing Board Member, and submitted to IAMAS for review. The Director and Vice Chancellor for Business Services will evaluate these special review requests.  In consultation with the Vice Chancellor for Business Services, the Director  will schedule special reviews requested during the year while attempting to limit the impact to the audit plan.  It is understood that the audit plan should remain flexible enough to accommodate such special reviews and the audit plan may be adjusted as necessary during the year.   In the event a determination cannot be reached as to the scheduling of a special review, the Audit & Finance Committee shall be consulted and make a recommendation as to whether an audit should be conducted and the audit plan adjusted accordingly.
• Maintain a professional audit staff with sufficient knowledge, skills, experience, objectivity, and professional certifications to meet the requirements of this Charter.
• Establish a quality assurance program by which the Director  assures the operations of internal auditing activities and periodically reports to management and the Audit & Finance Committee on its conformance with the International Standards for the Professional Practice of Internal Auditing.
• Perform consulting services, beyond IAMAS’ assurance services, to assist management in meeting its objectives. Examples may include facilitation, process design, training, and advisory services.
• Evaluate and assess significant new functions, changing services, processes, operations and control processes coincident with their development, implementation and/or expansion.
• Issue periodic reports to the Audit & Finance Committee and management summarizing results of audit activities.
• Keep the Audit & Finance Committee informed of emerging trends and successful practices in internal auditing.
• Provide a list of significant measurement goals and results to the Audit & Finance Committee.
• Assist in the investigation of significant suspected fraudulent activities within the organization and notify management and the Audit & Finance Committee of the results.
• Consider the scope of work of the Auditor General’s Office and regulators, as appropriate, for the purpose of providing optimal audit coverage to the MCCCD at a reasonable overall cost.
• Periodically discuss the Mission, the Core Principles for the Professional Practice of Internal Auditing, the Definition of Internal Auditing, the Code of Ethics, and the International Standards for the Professional Practice of Internal Auditing with management and the Audit & Finance Committee.
• Confirm to the Audit & Finance Committee, at least annually, the organizational independence of the internal audit activity.
• Periodically review this Charter and obtain Audit & Finance Committee approval for any updates.

Standards of Audit Practice

The IAMAS department recognizes the mandatory nature of the Core Principles for the Professional Practice of Internal Auditing, Definition of Internal Auditing, the Code of Ethics, and the International Standards for the Professional Practice of Internal Auditing of The Institute of Internal Auditors.

Note: below is a formal sign-off of the Internal Audit Charter by the Audit & Finance Committee Chair, Chancellor, Vice Chancellor for Business Services and the Director of Internal Audit.

Chair of the Audit & Finance Committee    Date

Chancellor                                                  Date

Vice Chancellor for Business Services      Date

Director of Internal Audit                            Date

1. Purchasing transactions equaling $100,000 or greater will be subject to either an Invitation for Bid or the Request for Proposal process, except as noted in 2.A. below. 
2. Purchasing transactions from $10,000 to $100,000 require a minimum of three written quotations.
   
   1. Purchasing transactions for construction, remodeling and maintenance projects from $10,000 - $500,000 shall require a minimum of three (3) written quotations. 
3. Purchasing transactions up to and including $10,000 are considered to be at the non-competitive. Whenever practicable, purchases under $5,000 should be completed by utilizing the ProCard. 
4. Purchasing transactions are not to be artificially divided or fragmented in order to meet the lesser requirements of lower dollar transactions.
5. Sole source determinations will be approved by the Chief Procurement Officer or Purchasing Manager/Supervisor after review of supporting documentation with the Buyer.
6. The Vice Chancellor for Business Services or designee, shall develop procedures for the establishment of a multi-year capital procurement plan which shall be updated annually in conjunction with the annual budget adoption process. The Vice Chancellor for Business Services shall also be responsible for reporting to the Governing Board both planned and actual capital equipment procurement.
7. Insurance coverages shall be competed and contracted for according to the Arizona Administrative Code 7-1-805.
8. All contracts exceeding $1,000 shall be reviewed by legal counsel as to form and legal implications prior to signature. 

1. Each student seeking employment shall contact the placement office and fill out the "student employment placement form". The immediate supervisor requesting student help shall fill in the hours to be worked and outline the specific duties and requirements for the position.
2. Each student employee shall be required to sign an agreement form furnished by the Financial Aid office. This form is entitled "Office of Financial Aid and Placement Agreement" and shall be signed by the department head and the immediate supervisor.
3. After the "Placement Order Form" and the contract (agreement form) have been signed, the student and immediate supervisor are responsible for properly signing and submitting time cards. When changes in work schedules are necessary or a student is transferred or terminated, the immediate supervisor will contact the Financial Aid office and complete the necessary paperwork for the changes.

Prior year commitments (PYC) are obligations for goods and services provided to MCCCD by vendors or employees in the prior fiscal year for which expenditure accruals were not recorded in the prior fiscal year and for which invoices from vendors or payroll personnel action documents or timecards were not received in Accounts Payable or Payroll for payment processing until the current fiscal year. Because current year budgets are charged for PYCs, appropriate review and approvals are necessary in order to demonstrate compliance with Governing Board Policy under policy type Executive Duties & Responsibilities and policy title Financial Condition which reads:

With respect to the actual, ongoing condition of the District's financial health, the Chancellor shall avoid fiscal jeopardy and material deviation of actual expenditures from Board Goals priorities. Accordingly, he or she shall:

1. Avoid expending in any fund more than has been received and carried forward in the fiscal year…..
2. Avoid in any fiscal year expending funds or indebting the District in an amount that reduces the ending General Fund balance to less than eight percent of General Fund revenues recognized during the fiscal year.

Monitoring method and minimum frequency are internal, twice a year. Accordingly, the following procedures will be followed for any PYC received in Accounts Payable or Payroll at the District Office for payment processing:

Accounts Payable or Payroll PYC Less than $100,000

1. In the month of July each year, any PYC may be processed for payment with fiscal agent approval. A detailed listing of PYCs paid will be provided by Accounts Payable and Payroll to the Director of Financial Services/Controller immediately following the month-end closing of July books of record. Please note that for Payroll timecard PYCs, it is assumed that all colleges submit documents to the District Office Payroll Department after review by the college fiscal office. Accordingly, fiscal agent approval is assumed once received by Payroll. For other Payroll personnel actions and Accounts Payable PYCs, OGF, e-mail, or written fiscal agent approval is required.
2. After August 1 each year, the appropriate functional supervisor must also approve a detailed listing of any PYC PRIOR to payment processing. Specifically, the Accounts Payable supervisor will formally approve all accounts payable PYCs; the payroll supervisor will formally approve all payroll PYCs. The listing will include an explanation of why the item was submitted after the close of the prior fiscal year.
3. After October 1 each year, any PYC for $10,000 OR LESS EACH must also be approved by the appropriate College President (or Vice Chancellor for District Office), or designee, PRIOR to submission to the District Office. A detailed listing of PYCs along with an explanation of why the items were submitted after the close of the prior fiscal year must be approved by the Director of Financial Services/Controller PRIOR to payment processing.
4. After October 1 each year, any PYC for MORE THAN $10,000 EACH must also be approved by the appropriate College President (or Vice Chancellor for District Office) PRIOR to submission to the District Office. A detailed listing of PYCs along with an explanation of why the items were submitted after the close of the prior fiscal year must be approved by the Director of Financial Services/Controller PRIOR to payment processing.
5. Semiannually (as of December 31 and June 30), the Director of Financial Services/Controller will submit to the Vice Chancellor for Business Services a monitoring report of the total number and dollars, by fund and college, of Accounts Payable and Payroll PYCs approved and processed for payment fiscal-year-to-date. The Vice Chancellor for Business Services will advise the Chancellor of any unusual or extraordinary items.

Accounts Payable or Payroll PYC $100,000 or Greater

Regardless of when received at the District Office for payment processing, PYCs $100,000 or greater must be approved by the Fiscal/Financial Officer, College President or Vice Chancellor, Vice Chancellor for Business Services, and the Director of Financial Services/Controller PRIOR to payment processing. The Vice Chancellor for Business Services will advise the Chancellor of any unusual or extraordinary items.

Please note that approval of PYCs by individuals serving in an official acting capacity in the absence of another is acceptable. Designees for PYCs less than $10,000 after October 1, however, must be specifically designated by the College President or Vice Chancellor. Please contact the Director of Financial Services/Controller at 480-731-8571 with any questions.

 Date Received At   D.O.
 Approval Required Prior to Payment 
 Approval Required Prior to   Payment
 Documentation Required 

 
 Less than $100,000
 $100,000 or Greater
 

 Month of July
 Fiscal/Financial Officer

 Fiscal/Financial Officer

 College President/VC VC for   Business Services

 Director of Financial   Services/Controller

 Detailed listing of amounts paid by Fund and   College

 August 1+

 Fiscal/Financial Officer

 Account Payable or Payroll Supervisor, as appropriate

 Fiscal/Financial Officer

 College President/VC VC for   Business Services

 Director of Financial   Services/Controller

 Detailed listing of amounts paid by Fund and   College with explanation

 October 1+ $10,000 or   less

 Fiscal/Financial Officer

 College President/VC or Designee

 Director of Financial Services/Controller

 Fiscal/Financial Officer

 College President/VC VC for   Business Services

 Director of Financial   Services/Controller

 Detailed listing of amounts paid by Fund and   College with explanation

 October 1+ Greater   than $10,000
 Fiscal/Financial Officer College President/VC Director of   Financial Services/Controller

 Fiscal/Financial Officer

 College President/VC VC for   Business Services

 Director of Financial   Services/Controller

 Detailed listing of amounts paid by Fund and   College with explanation

Property Loan Agreement Form 

All use of MCCCD facilities and rental rates must be consistent with state law, MCCCD governance goals, policies, and administrative regulations.

These rental rate guidelines are applicable only to Facilities Rentals whereby facilities will be used one time, or for a limited period of time and the user will not have exclusive use of the portion of the facility being rented. These guidelines may be used for licenses (non-exclusive use for a significant period of time) or leases (exclusive use for a significant period of time) of MCCCD facilities.

The MCCCD Legal Services Department must review and approve all leases and licenses. All leases must be approved by the Governing Board. Licenses must be approved by the Governing Board if they meet any one of the following criteria: rent is reduced or waived for the licensee using MCCCD's property; or the licensee will engage in an activity that is commercial, or one that substantially increases the potential liability of MCCCD, or one that may impair the District's bonding capacity.

Rental rates are determined by each college and reflect fair market rentals based on supply/demand throughout the district, availability of other facilities near the colleges, and peak/low times of facilities/classroom use at each campus. Annually, each college must submit a schedule of rental rates for review and approval by the Vice Chancellor for Business Services.

At a minimum, rental rates should be stated on an hourly basis for the following categories:

1. Facilities
   
   1. Classrooms/Lecture Halls/Labs
   2. Conference/Meeting Rooms
   3. Dining Facilities
   4. Performing Arts Facilities
   5. Athletic Facilities
   6. Parking Lots
2. Equipment
   
   1. Audio Visual
   2. Computers
3. Personal Personnel Services
   
   1. Maintenance/Custodial
   2. Security
   3. Technical Support (AV or Computer Technicians)
4. Utilities
   
   Taxation Issues Related to Facilities Rental Income Include:
   1. State facilities rental tax (.5%) must be multiplied by the rental amount for facilities, equipment and personal services and added to the total amount charged to the user.
   2. Unrelated Business Income Tax (UBIT) may have to be paid by the College/District on certain rental income net of related expenses. UBIT may be avoided or minimized as follows:
      
      1. Rentals of facilities/utilities, equipment, or personal services for activities related to MCCCD's exempt purpose or mission of education and training are exempt from UBIT.
      2. Rentals of facilities only are exempt from UBIT whether the activities are related or unrelated to MCCCD's exempt purpose or mission.
      3. Mixed rentals of facilities and equipment for unrelated activities are exempt from ubit if the equipment rental is less than 10% of the total rental.
      4. The equipment rental portion only of mixed rentals of facilities and equipment for unrelated activities is subject to UBIT if the equipment rental is less than 50% of the total rental. Otherwise, the total rental is subject to UBIT.
      5. Provide no personal services as part of rentals for unrelated activities.
      6. Identify expenses incurred by the College/District related to the facility rental (e.g., utility costs, wages for personal service providers, depreciation on equipment, overhead).

NOTE: The ordinary provision of security and routine janitorial services in order to protect and maintain district property does not necessarily result in a taxable event.

Upon approval by the Chancellor or appropriate Vice Chancellor/College President, or designee, rental rates may be reduced or waived under either of the following conditions:

1. Facilities use is by an employee or Governing Board member responsible for and/OR participating in an activity or event for a professional organization whose objectives directly relate to the employee's or Governing Board member's MCCCD responsibilities.
2. Facilities use is by an organization/entity whose activity/event meets the following requirements:
   
   1. It directly relates to MCCCD's mission of education and training.
   2. MCCCD receives a specific public benefit from the activity/event and the value or benefit that MCCCD receives from the activity/event is substantially equivalent to the amount of rent foregone or waived.

Instructions for Completing the Official Function Form

MCCCD is required to spend its resources only for things that tangibly and directly benefit its educational mission and objectives. Some expenses by their nature aren't appropriate. Others require an explanation to meet that requirement.

Examples of expenses that are not official functions are charges for alcoholic beverages, memberships in non-school related civic organizations, and gifts and decorations for parties for births, deaths or weddings. Examples of expenses that may be official functions are employee retreats and conference banquet or hotel contracts.

Here are the procedures and guidelines for filling out the Official Functions Form. They apply regardless of the source of funds being used for the expense.

1. The description in Item 4 must be specific. Vague or overly subjective descriptions won't satisfy the documentation requirement.

    

   Examples of descriptions that are insufficient are:
   
    

   1. Scheduling this particular employee-only event at "X" location will significantly increase attendance.
   2. Participation as a sponsor in the specified event will provide the college with visibility in the community.

   Examples of descriptions that may be adequate are:
   
    

   1. The day-long employee training to be provided at the specific event will directly address the development of some of the core skills that are identified in the employee manual as essential to the performance of the MCCCD employees who attend.
   2. The persons attending the event for which MCCCD intends to be a sponsor are those that MCCCD has targeted for outreach as potential students, specifically high school seniors. Attendance is expected to be 25. MCCCD's participation will provide advertising and marketing opportunities within that population. The expense is within the range for other MCCCD marketing or advertising efforts.
2. Likewise, the description provided in Item 5 must be precise and identify specific activities or objectives of MCCCD. Vague descriptors are insufficient as are statements showing a benefit to the public generally. The benefit also needs to equate to or exceed the expense that MCCCD is incurring. So, while the benefit doesn't have to be described in dollars, it must be identified specifically in terms that "paint" a clear picture that the values exchanged are about the same. Higher-dollar expenses require answers with greater specificity.

    

   Examples of descriptions that are insufficient are:
   
    

   1. Participation in the event will provide prestige to MCCCD.
   2. The particular event will boost employee morale.

   Examples of descriptions that may, depending on the expense, be sufficient are:
   
    

   1. The agenda for the MAT employee retreat consists of sessions on essential management skills. The cost per employee trained at the retreat is $40, which is significantly less than market training fees for the same management training.
   2. MCCCD's sponsorship of the event will provide advertising and marketing opportunities among targeted high school seniors. The expense of $X is within the range for other MCCCD marketing or advertising efforts.
3. If the expense is under a grant or similar restricted fund, the person initiating it must make sure that it is allowable.
4. A separate form must be completed for each activity, even if the expenses are recurring in nature, or are encumbered under the umbrella of a blanket purchase order.

Official Function Form (Adobe Acrobat-Requires Acrobat Reader)

Instructions for Completing the Membership Payment Worksheet

1. The worksheet must be thoroughly completed and the required approvals obtained before the expense is incurred. Any membership paid by MCCCD funds, regardless of organization name, type, or former association, requires justification and approval via this worksheet. 
2. Individual memberships are appropriate only:
   
   1. if the organization does not allow an institutional membership,
   2. where the organization requires that MCCCD hold an institutional membership, and participating MCCCD employees hold individual memberships; or
   3. where the appropriate fiscal officer determines that an individual membership is the most cost effective.

   For an individual membership, the employee must be full-time.

3. The descriptions provided in Items 3 and 4 must be specific. Vague or overly subjective descriptions won't satisfy the documentation requirement.

   Examples of descriptions that are insufficient are:

   1. Membership will provide the college with visibility in the community.
   2. Membership will be prestigious.

   Examples of descriptions that may be sufficient are:

   1. The organization consists of a significant number of employers within the county - a key constituency in developing an appropriate workforce. Some employer-members are significantly involved in the college's workforce development program, such as ____.
   2. This organization is the leading association for registered nurses and plays a significant role in the certification requirements in various states. MCCCD gains significant insights about curriculum needs for the nursing program from participating in this organization.
4. Likewise, the description on the Worksheet in Item 5 must be precise. It must identify specific activities or objectives of MCCCD that are satisfied. The benefit that MCCCD receives also needs to equate to or exceed the expense incurred. So, while the benefit doesn't have to be described in dollars, it must be identified specifically in terms that "paint" a clear picture that the values exchanged are about the same. Higher-dollar expenses require more specificity.

   An example of a description that fails meet those requirements is:

   1. The membership provides me with collegial opportunities.

   An example of a description that is sufficient is:

   1. Membership allows my students access to special collections not viewable by the public. During the preceding year, I escorted 24 students on three separate field studies that included access to the special collections, for a value in excess of the $300 membership.

Membership Payment Worksheet 

Annual Travel Acknowledgement Form (paper form no longer in use, please refer to the Annual Acknowledgements and Disclosures learning plan found within the Employee Learn Center system)

Language deleted per adoption of Board Policy Staff Compensation and Benefits, Motion No. 9395, January 23, 2007.

Please see Appendix AS-4 MCCCD Voluntary Payroll Deduction Procedures for more information on the procedures and requirements of establishing a payroll deduction program.

International Travel Proposal Dynamic Form - All who travel on behalf of the district must complete this form and upload it into FMS as part of the travel authorization process. 

MCCCD Internal Audit & Management Advisory Services Audit Intake Form (Adobe Acrobat—Requires Adobe Acrobat Reader)

Employee Return of Property and Assets Procedures and Form (Adobe Acrobat—Requires Adobe Acrobat Reader)

The Administrative Regulation on Use of College Facilities authorizes the Vice Chancellor of Business Services to establish guidelines for the use by certain professional organizations of MCCCD facilities. Under Paragraph 1.5.3-2 of the regulation, an MCCCD employee or Governing Board member may use facilities for an event without complying with the rent or insurance requirements of the regulation where the event meets the following limited conditions:

• The employee or Governing Board member actively participates in the event and is responsible for managing it; and
• The event is for a professional organization in which the employee or Governing Board member actively participates, and whose objectives directly relate to the employee's work at MCCCD or to the Governing Board member's MCCCD responsibilities.

These guidelines describe the organizations and circumstances under which Paragraph 1.5.3-2 applies. Note that the exemption applies only to rental fees and insurance requirements. If the event requires MCCCD to incur other costs, for instance, such as the assistance of MCCCD maintenance or technology staff, those charges should be paid by the organization sponsoring the event.

Types of Professional Organizations

The exemption is intended to encompass solely those organizations whose membership consists of persons with the same or similar jobs at other public or higher educational institutions. In other words, the organization’s mission should be directed at increasing the knowledge and skills required for the MCCCD employee-member to perform his or her specific job at MCCCD. It is not intended, for instance, to permit an art instructor who is a member of an Arizona artists society (that is, not an organization of higher-education art instructors) to have an art show or meeting using MCCCD facilities for free.

Qualifying Events

Events that qualify for the exemption must meet two requirements.

• First, the employee-member of the organization must actively participate in the event. That means more than just attending it. The employee must be a key part of the planning and management of the event.
• Additionally, it means generally a one-time small event, and not an entire conference that might require the commitment of several rooms over a period of days. However, short monthly meetings, for instance, of the executive board of an association of governmental accountants so long as the employee-member is on that board and the use of the space doesn't interfere with MCCCD’s need for the space.

MCCCD International Ground Transportation Log (Adobe Acrobat - Requires Acrobat Reader)

MCCCD Purchasing Procedures Manual (incorporated by reference)

Credentials are needed to enter secure site. 

Acceptance of Donated Property (Adobe Acrobat - Requires Adobe Reader) 

Acceptance of Motor Vehicle Donation and/or Motor Vehicle Parts Donation (Adobe Acrobat - Requires Adobe Reader) 

Acceptance of Motor Vehicle Donation and/or Motor Vehicle Parts Donation with Restrictions (Adobe Acrobat - Requires Adobe Reader)

All students are classified for tuition purposes under one of the following residency classifications:

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

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

Implementation

1. An applicant must be eligible to attend post-secondary education in the United States prior to being eligible to register for classes and pay fees.
2. Domicile status must be established before the student registers and pays fees. It is the student's responsibility to register under the correct domicile status.
3. Enforcement of domicile requirements shall be the responsibility of the Chancellor of the Maricopa Community Colleges. The Chancellor has charged the Director of Admissions and Records or other designee at each college to make the initial domicile classification. In determining a student's classification, the college may consider all evidence, written or oral, presented by the student and any other information received from any source which is relevant to determining classification. The college may request written sworn statements or sworn testimony of the student.
4. A request for review of the initial classification may be made to a district review committee. The request must be in writing, signed by the student and accompanied by a sworn statement of all facts relevant to the matter. The request must be filed with the admissions officer of the college within ten (10) days of receipt of notification of classification as a non-resident. Failure to properly file a request for review within the prescribed time limit constitutes a waiver of review for the current enrollment period. The decision of the review committee shall be final.

Definitions

1. “Armed Forces of the United States” means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the commissioned corps of the United States Public Health Services, the National Oceanographic and Atmospheric Administration, the National Guard, or any military reserve unit of any branch of the Armed Forces of the United States.
2. "Continuous attendance" means enrollment at one of Maricopa Community Colleges as a full-time or part-time student for a normal academic year since the beginning of the period for which continuous attendance is claimed. Students need not attend summer sessions or other such intersession beyond the normal academic year in order to maintain continuous attendance.
3. "Maricopa County resident" means an individual who lives in Maricopa County and has lived in the state of Arizona for at least one year prior (365 days) to the first day of the semester (as published in the approved MCCCD Academic Calendar posted online at ACADEMIC CALENDARS) and who is a United States citizen or in a lawful status. In-state residency must be established prior to county residency for those moving from other states. Refer to AR 2.2.2.3 Section C for guidelines.
4. "Domicile" means a person's true, fixed, and permanent home and place of habitation. It is the place where he or she intends to remain and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere. Visa status must confer the ability to establish domicile in the United States in order to be classified as an in-state student.
5. "Emancipated person" means a person who is neither under a legal duty of service to his parent nor entitled to the support of such parent under the laws of this state.
6. "Full-time student" means one who registers for at least twelve (12) credit hours per semester.
7. "Part-time student" means one who registers for fewer than twelve (12) credit hours per semester.
8. "Parent" means a person's father, or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person.

In-State Student Status

1. Except as otherwise provided in this article, no person having a domicile elsewhere than in this state is eligible for classification as an in-state student for tuition purposes. Applicants for in-state tuition status and other public benefits must demonstrate lawful presence in the United States by presenting one of the documents listed in this regulation, under the section "Demonstrating Lawful Presence."
2. A person is not entitled to classification as an in-state student until the person is domiciled in this state for one year preceding the official starting day of the semester, except that a person whose domicile is in this state is entitled to classification as an in-state student if the person meets one of the following requirements:
   
   1. The person’s parent's domicile is in this state and the parent is allowed to claim the person as an exemption for state and federal tax purposes.
   2. The person is an employee of an employer which transferred the person to this state for employment purposes or the person is the spouse of such an employee.
   3. The person is an employee of a school District in this state and is under contract to teach on a full-time basis, or is employed as a full-time non-certified classroom aide, at a school within that school District. For purposes of this paragraph, the person is eligible for classification as an in-state student only for courses necessary to complete the requirements for certification by the state board of education to teach in a school District in this state. No member of the person’s family is eligible for classification as an in-state student if the person is eligible for classification as an in-state student pursuant to this paragraph, unless the family member is otherwise eligible for classification as an in-state student pursuant to this section. Eligibility for in-state tuition is subject to verification of intent to domicile in this state. Determination of residency is made by the Admissions and Records office/Office of Enrollment Services.
   4. The person’s spouse has established domicile in this state for at least one year and has demonstrated intent and financial independence and is entitled to claim the student as an exemption for state and federal tax purposes or the person’s spouse was temporarily out of state for educational purposes, but maintained a domicile in this state. If the person is a non-citizen, the person must be in an eligible visa status pursuant to federal law to classify as an in-state student for tuition purposes.
3. The domicile of an unemancipated person is that of such person's parent.
4. An unemancipated person who remains in this state when such person's parent, who had been domiciled in this state, removes from this state is entitled to classification as an in-state student until attainment of the degree for which currently enrolled, as long as such person maintains continuous attendance.
5. A person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders or who is the spouse or a dependent child of a person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders is entitled to classification as an in-state student. The student does not lose in-state student classification while in continuous attendance toward the degree for which he or she is currently enrolled.
6. A person who is a member of the armed forces of the United States or the spouse or a dependent of a member of the armed forces of the United States is entitled to classification as an in-state student if the member of the armed forces has claimed this state as the person's state of home record for at least twelve consecutive months before the member of the armed forces, spouse or dependent enrolls in a university under the jurisdiction of the Arizona Board of Regents or a community college under jurisdiction of a community college district governing board. For purposes of this subsection, the requirement that a person be domiciled in this state for one year before enrollment to qualify for in-state student classification does not apply.

7. Per federal law, beginning July 1, 2015, immediate classification as an in-state student shall be granted to a Veteran using benefits under Post-9/11 GI bill® and Montgomery GI bill-active duty, or the Veteran's spouse or child using transferred Post-9/11 GI bill benefits   who lives in Arizona (regardless of his/her formal state of residence) and enrolls in the school within 3 years of the transferor’s discharge from a period of active duty service of 90 days or more.

8. Per federal law, beginning July 1, 2015, immediate classification as an in-state student shall be granted to a spouse or child using benefits under the Marine Gunnery sergeant John David Fry Scholarship who lives in Arizona (regardless of his/her formal state of residence) and enrolls in the school within three years of the service member’s death in the line of duty following a period of active duty service of 90 days or more.
9. Per Arizona state law, a  person who is honorably discharged from the armed forces of the United States on either Active Duty or Reserve or National Guard Status, or who has retired from Active Duty or Reserve or National Guard Status, shall be granted immediate classification as an in-state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which currently enrolled, does not lose in-state student classification if the person has met the following requirements:

    A. Registered to vote in this state.

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

         1. An Arizona driver license

         2. Arizona motor vehicle registration

         3. Employment history in Arizona

         4. Transfer of major banking services to Arizona

         5. Change of permanent address on all pertinent records

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

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

    1.       Registration to vote in this state

    2.       An Arizona driver license

    3.       Arizona motor vehicle registration

    4.       Employment history in Arizona

    5.       Transfer of major banking services to Arizona.

    6.       Change of permanent address on all pertinent records

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

11.  A person who is a member of an Indian Tribe recognized by the United  States Department of the Interior whose reservation land lies in the state and extends into another state and who is a resident of the reservation is entitled to classification as an in-state student.

Alien In-State Student Status

1. An alien is entitled to classification as an in-state refugee student if such person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
2. In accordance with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208; 110 Stat. 3009-546), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to ARS §15-1802 or entitled to classification as a county resident pursuant to ARS §15-1802.01. A student will be assessed out-of-state tuition until such time that documentation of status is received in the Office of Admissions and Records/Enrollment Services and (eligibility for) residency is confirmed. Documentation must be provided prior to the end of the term in which residency classification is being requested. Documentation received after the end of term will be used for residency determination in subsequent terms.
3. In establishing domicile, the alien must not hold a visa that prohibits establishing domicile in the United States and this state. After meeting other domicile requirements, students holding valid, unexpired visas in the following categories may be classified as in-state students (See Appendix S-1A):
   • A Foreign Government Official or Adopted Child of a Permanent Resident
   • E Treaty Traders
   • G Principal Resident Representative of Recognized Foreign Member Government to International Staff
   • H H1B and H4
   • K Spouse or Child of Spouse of a U.S. Citizen, Fiancé or Child of Fiancé of U.S. Citizen
   • L Intracompany Transferee, or Spouse or Child
   • N6 NATO-6
   • U, T Victim of Criminal Activity
   • V Spouses and Dependent Children of Lawful Permanent Residents
4. Students who hold a current visa and have submitted an I-485 to U.S. Citizenship and Immigration Services (USCIS), may establish residency if other domicile requirements have been met. Residency eligibility for I-485 applicants may be considered one year after the date on the USCIS Notice of Action letter (I-797) confirming application for permanent resident status provided their prior visa status is one that allows the visa holder to establish domicile in the United States. Students must provide required residency documentation in addition to the (I-797) Notice of Action for residency consideration. In establishing domicile, the alien must be in a status that does not prohibit establishing domicile in this state for at least one year immediately preceding the official starting date of the semester. In the event that an alien student’s parent is domiciled in this state and is allowed to claim the student as an exemption for state or federal tax purposes (3.c.i.2.a), the student’s parent, in order to establish domicile, must hold a valid, unexpired visa in one of the categories listed in section 3 above. 
5. Students who hold a current or expired visa and have applied for a change of status will retain their immigration status based on their prior visa status and not the status or visa for which they are applying. 

Presumptions Relating to Student Status

Unless there is evidence to the contrary, the registering authority of the community college or university at which a student is registering will presume that:

1. No emancipated person has established a domicile in this state while attending any educational institution in this state as a full-time student, as such status is defined by the community college district governing board or the Arizona Board of Regents, in the absence of a clear demonstration to the contrary.
2. Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile.
3. A person who has been domiciled in this state immediately before becoming a member of the Armed Forces of the United States shall not lose in-state status by reason of such person's presence in any other state or country while a member of the Armed Forces of the United States

Proof of Residency

When a student's residency is questioned, the following proof will be required.

1. In-State Residency
   
   1. An affidavit signed by the student must be filed with the person responsible for verifying residency.
   2. A combination of the following may be used in determining a student's domicile in Arizona:
      
      1. Arizona income tax return
      2. Arizona Voter registration
      3. Arizona Motor Vehicle registration
      4. Arizona Driver's license
      5. Employment history in Arizona
      6. Place of graduation from high school
      7. Source of financial support
      8. Dependency as indicated on federal income tax return
      9. Ownership of real property
      10. Notarized statement of landlord and/or employer
      11. Transfer of major banking services to Arizona
      12. Change of permanent address on all pertinent records
      13. Arizona Department of Children Services documents related to foster care placement
      14. Other relevant information
2. County Residency
   
   1. A combination of the following may be used to determine a student's county residency:
      
      1. Notarized statements of landlord and/or employer
      2. Source of financial support
      3. Place of graduation from high school
      4. Ownership of real property
      5. Bank accounts
      6. Arizona income tax return
      7. Dependency as indicated on a Federal income tax return
      8. Other relevant information

GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government.

Detail removed from the appendices on February 23, 2010 as part of the Catalog Common Pages review process. See AR 2.2.4 Item 4 for current information regarding transfer articulation guidelines.

It is unlawful for any non-resident student to register concurrently in two or more public institutions of higher education in this state including any university, college or community college for a combined student credit hour enrollment of more than six (6) credit hours without payment of non-resident tuition at one of such institutions.

Any non-resident student desiring to enroll concurrently in two or more public institutions of higher education in this state including any university or community college for a combined total of more than six (6) credit hours who is not subject to non-resident tuition at the institution of his choice in an amount equivalent to non-resident tuition at such institution for the combined total of credit hours for which the non-resident student is concurrently enrolled.

FY2023-2024 (Adobe Acrobat - Requires Acrobat Reader)

Distance Learning and updated Rio National rates were approved by MCCCD Governing Board on April 25, 2023. 

Special fees were approved by MCCCD Governing Board on February 28, 2023.

Adopted Tuition and Fees approved by MCCCD Governing Board on December 13, 2023. 

FY2022-2023 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on February 22, 2022. 

FY2021-2022 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on February 23, 2021. 

FY2020-2021 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on April 7,2020.

Tuition Discount for Resident and Out-of-State (6 hours or less credits) was approved by MCCCD Governing Board on June 9, 2020.

FY2019-2020 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on February 26, 2019.

FY2018-2019 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on May 1, 2018.

FY2017-2018 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on February 28, 2017.

FY2016-2017 (Adobe Acrobat - Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on February 23, 2016.

FY2015-2016 (Adobe Acrobat - Requires Acrobat Reader) 

Adopted Tuition and Fees approved by MCCCD Governing Board on February 24, 2015. 

FY2014-2015 (Adobe Acrobat—Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on April 22, 2014.

• tuition rates
• fee changes

Effective July 1, 2014, Student Activity fee ($2) will be combined with General Tuition.

Effective July 1, 2014, Out of state surcharge has a new calculation which was approved by the Joint Legislative Budget Committee (JLBC) in May 2014.

FY2013-2014 (Adobe Acrobat—Requires Acrobat Reader)

Adopted Tuition and Fees approved by MCCCD Governing Board on March 26, 2013.

• tuition rates
• fee changes

Effective July 1, 2013, Out of County surcharge has a new calculation

FY2012-2013 (Adobe Acrobat—Requires Acrobat Reader)

Document was updated May 16, 2012 to reflect changes in:

• out-of-county tuition surcharge for Arizona residents in Apache and Greenlee counties (without an Out-of-County Residence Affidavit)

FY2011-2012 (Adobe Acrobat—Requires Acrobat Reader)

Document was updated January 27, 2012 to reflect changes in:

• expanded tuition table to include in-county resident audit rate
• expanded special fees chart to reflect those approved by the Governing Board

Document was updated June 28, 2011 to reflect changes in:

• expanded tuition table to include non-resident study abroad and non-resident distance learning categories

Document was updated May 31, 2011 to reflect changes in:

• out-of-county tuition surcharge for Arizona residents in Apache and Greenlee counties (without an Out-of-County Residence Affidavit)

Document was updated April 7, 2011 to reflect changes in:

• tuition rates (pending out-of-county surcharge, TBD May, 2011)
• fee changes

FY2010-2011 (Adobe Acrobat—Requires Acrobat Reader)

Document was amended on January 11, 2011 to reflect changes in:

• out-of-county surcharge
• addition of fees as needed

FY2009-2010 (Adobe Acrobat—Requires Acrobat Reader)

Document was amended on February 23, 2010 to reflect changes in:

• establishing residency "in county" and "in state"
• clarification of "in county" resident on tuition & fee table

FY2008-2009 (Adobe Acrobat—Requires Acrobat Reader)

Document was amended on May 21, 2009 to reflect changes in:

• out-of-county surcharge
• corporate tuition rate (out-of-state) for training delivered outside the boundaries of Arizona to out-of-state employees of companies which have contracts with the Maricopa Community Colleges
• some childcare fees

Note: a typo was corrected for an in-state/in-county student taking 11 credit hours

Additional Information about Financial Aid may be found at www.maricopa.edu/students website.*

The Maricopa Community Colleges provide students financial assistance to enable access to higher education. Student financial assistance shall be awarded on the basis of demonstrated financial need except where funds are specified for recognition of special talents and achievements. Only those with a lawful presence in the United States may qualify for federal financial aid. Under Arizona state law, undocumented students may qualify for Maricopa County Community College District (MCCCD) scholarships if they meet the terms outlined under Proposition 308.  

The office of financial aid may request to have the validity of a student’s high school completion evaluated if either the college or the United States Department of Education has reason to believe that the high school diploma is not valid or was not obtained from an entity that provides secondary school education. An evaluation may be conducted on the basis of any of the following:

• Alerts, bulletins, or similar communications provided by any state, federal, or other governmental agency, another institution, a professional or similar organization, or any other resource that might provide information helpful to the evaluation;
• A transcript or other record received from another institution the student may have attended;
• The contents of the student’s Free Application for Federal Student Aid, student information form, or any other information the student provides to the college;
• The independent professional judgment by any official of the office of student financial aid.

How to Apply for Federal Financial Aid

New students must complete the Free Application for Federal Student Aid (FAFSA) or FAFSA on the web at Federal Student Aid. Each academic year, continuing students must reapply by completing a FAFSA, Renewal FAFSA, or FAFSA on the web. Scholarships require separate applications. Specific information regarding financial assistance, including application deadlines or priority dates, may be obtained from the college Office of Student Financial Aid.

Types of Aid

Grants, loans, student employment, and scholarship funds may be available from federal, state, and/or private sources.

The Maricopa Community Colleges Foundation offers a variety of scholarship opportunities. Scholarship opportunities are available year round. However, most scholarships are posted mid-January and most deadlines are the last week of March. Options are available at Scholarship Application or by calling 480-731-8400.

Distribution of Aid

Criteria by which aid is distributed among eligible financial aid applicants are available on request at the college Office of Student Financial Aid.

Rights and Responsibilities

Students should read all information provided in the process of applying for federal financial aid in order to gain a greater knowledge of all the rights as well as responsibilities involved in receiving that assistance.

Satisfactory Academic Progress

Specific requirements for academic progress for financial aid recipients are applied differently than scholastic standards. In addition to scholastic standards which are explained elsewhere in this catalog, financial aid recipients are also subject to the following Standards of Satisfactory Academic Progress. Specific information is available at the college Office of Student Financial Aid.

Refunds and Repayments

In accordance with federal regulations (CFR 668.22), a student may be required to repay federal financial aid funds if they completely withdraw, are withdrawn, or fail to earn a passing grade from all classes during a semester. Further information is available at the college Office of Student Financial Aid. This could affect a student’s ability to receive Financial Aid in the future at any school. For a student receiving Financial Aid, also see Administrative Regulation 2.3.6 Withdrawal for Withdrawal procedures.

Verification of Information

1. A Free Application for Federal Student Aid (FAFSA) or a change to that FAFSA may be selected for verification. If a student’s FAFSA is selected for verification, the student will be notified via the Student Center at www.maricopa.edu/students. In most cases, the student will be required to submit documentation as part of the verification process. The earlier the Financial Aid Office receives the required documentation, the earlier the student’s eligibility for financial aid can be determined. The verification process must be completed no later than 120 days after the last date of enrollment or August 31, whichever comes first. In addition, the Financial Aid Office must receive a final and valid electronic SAR by the student’s last day of enrollment or June 30 of the award year, whichever comes first. The verification process must be completed before the Financial Aid Office can award any federal aid.
2. If an award has already been made and a FAFSA is selected for verification, the student must provide required documentation within thirty days after it has been requested of the student or on June 30, whichever comes first. If documentation is not received within this deadline, the student’s award may be adjusted or canceled.
3. The required forms and documents a student submits for verification will be compared to the information reported on the student’s FAFSA. If the information provided does not match what is shown on the FAFSA, the Financial Aid Office will submit changes to the US Department of Education FAFSA processor. After all changes are made to the FAFSA data, the student’s eligibility for financial aid will be reviewed. If there are any changes to the student’s financial aid eligibility as a result of verification, the student will be notified by means of the Student Center at www.maricopa.edu/students. If, following verification, the institution discovers evidence of student aid fraud (including identity theft), waste or abuse of US Department of Education funds, such evidence may be referred to the Office of Inspector General of the US Department of Education.

Award Amount and Level of Enrollment

Award amount is determined, in part, on the level of enrollment. A reduction in course load after financial aid has been awarded may result in an adjusted financial aid award. Federal student aid recipients are advised to register at the same time for all classes they intend to take during a semester to maximize award. Some federal aid may not be awarded for classes added at a later date. Contact the college Office of Student Financial Aid for more information.

Repeated Coursework and Financial Aid Enrollment Status

Federal regulations regarding repeated coursework may impact your financial aid eligibility and awards. Federal regulations specify that students may receive federal financial aid funding for one repetition of a previously passed course. A passed course is defined as one in which a grade of A, B, C, D, or P is received. If you enroll in a course in which you have previously received passing grades twice, the course will not be counted towards your enrollment level for financial aid purposes. You may repeat a failed course until it is passed. Your enrollment for financial aid purposes will be calculated accordingly.

Maricopa Community Colleges Standards of Satisfactory Academic Progress (SAP) for Financial Aid Eligibility

Federal regulations (CFR 668.32(f) and 668.34) require a student to move toward the completion of a degree or certificate within an eligible program when receiving financial aid. Specific requirements for academic progress for financial aid recipients are applied differently than Scholastic Standards. Federal regulations state that Academic Progress Standards must include a review of all periods of enrollment, regardless of whether or not aid was received. Students will be evaluated using the standards described below. Failure to meet any of these minimum standards will result in loss of Title IV, HEA program (federal financial aid) eligibility.

To remain eligible for federal and state aid programs, students must meet ALL of MCCCD’s Satisfactory Academic Progress (SAP) standards regardless of whether a student has received financial aid in the past or not. These standards apply to a student’s entire academic records at any MCCCD college, including transfer credit hours accepted by the college.

1. Definitions and Terminology Pertaining to this Policy
   
   1. Summer: Enrollment in the summer semester includes all courses scheduled within the summer enrollment period with all coursework counted in the SAP evaluation.
   2. Non-Standard Session / Clock Hour: Sessions that do not follow the traditional start and end dates for the semester.
   3. Attempted Credit: Any credit for which a grade of A, B, C, D, F, I, IP, N, P, W, Y, or Z is received and courses not yet graded.
   4. CGPA [Cumulative Grade Point Average]: The MCCCD grading policy is published in the administrative regulations at 2.3.3. The CGPA does not include credits accepted in transfer.
   5. Financial Aid Warning: status assigned to an eligible payment period for the next enrolled semester after failing SAP GPA (2.0) and/or Completion Pace (⅔). Students not meeting maximum timeframe evaluation are not eligible for a warning period.
   6. Appeal: A process by which a student who is not meeting the institution’s satisfactory academic progress standards is eligible to appeal the institution for reconsideration of the student’s eligibility for Title IV, HEA program assistance based on extenuating circumstances.
   7. Extenuating Circumstance: A one-time (not on-going) circumstance that is beyond the reasonable control of the student. Examples of extenuating circumstances may include, but not limited to:
      
      1. ​​​​​Documented medical condition or serious illness that prevented you from performing certain life tasks
      2. Documented illness of a family member that required your presence for a significant amount of time
      3. Death of immediate family member which impacted you significantly enough to affect participation in your courses
      4. Involuntary call to active military duty
      5. Documented involuntary change in employment conditions that prevented you from attending classes
      6. Any other extraordinary/emergency circumstances, such as a natural disaster
         
          
   8. Financial Aid Probation: A status assigned by an institution to a student who fails to make satisfactory academic progress and who has appealed and has had eligibility for aid reinstated. A student in this status may not receive Title IV, HEA program funds for the subsequent payment period unless the student makes satisfactory academic progress or the institution determines that the student met the requirements specified by the institution in the academic plan for the student.
   9. Academic Plan – A plan developed through the SAP Appeal Process which will lead a student to qualify for further Title IV, HEA program funds and complete the program within 150% of published program length.
   10. Financial Aid Suspension – The status assigned upon failing to meet the minimum SAP standards or the terms of probationary status. Students in this status are not eligible to receive Title IV, HEA assistance.
2. Federal regulations (CFR 668.32(f) and 668.34) require institutions of higher education to evaluate Satisfactory Academic Progress (SAP) using qualitative (GPA) and quantitative (pace of progression) standards.
3. Qualitative and quantitative measures of SAP are required to ensure students receiving Federal Student Aid are progressing towards the completion of a degree or certificate within an eligible program.
4. Specific requirements for academic progress for Federal Student Aid recipients are applied differently than Scholastic Standards. Federal regulations state that SAP Standards must include a review of all periods of enrollment, regardless of whether or not aid was received. Standards are applicable for all enrolled payment periods, including all levels of enrollment (full-time or part-time enrollment). Students will be evaluated using the standards described below.
5. Failure to meet any of the minimum standards outlined below will result in a student’s loss of HEA, Title IV Federal Student Aid.

Evaluation Period

1. Standards of Satisfactory Academic Progress (SAP) will be evaluated at the end of each payment period. For credit hour programs, a payment period is a semester (Fall, Spring, and Summer). For clock hour programs, a payment period / evaluation will depend on the hours required in the program.
2. Standards of Satisfactory Academic Progress (SAP) are evaluated based on qualitative (GPA), quantitative (pace of progression), and maximum timeframe. Failure to meet any of these standards may result in the loss of eligibility for financial aid. Grades of F, I, N, W, Y, Z, and courses not yet graded are considered attempted, but not completed in evaluating SAP. Late grades will be recalculated and may change eligibility.
   
   1. Grade Point Average Qualitative Measurement: Students must maintain a 2.0 cumulative Grade Point Average in order to meet SAP GPA requirements.
   2. Pace of Progression Quantitative Measurement: Students must successfully complete 2/3 (66.67%) of all attempted course work. For clock hour programs, please refer to program attendance requirements.
   3. Maximum Time Frame Measurement: Students must be able to complete their program within 150% of the published program length. Once students have attempted 150% of the published program length, they are no longer eligible for Federal Student Aid. For example, a 16 credit certificate program will allow up to 24 credit hours to complete the program. A 60 credit Associate’s degree will allow up to 90 credit hours to complete the program. A 120 credit Bachelor's degree will allow up to 180 credit hours to complete the program.
3. Courses included in SAP evaluation:
   
   1. All attempted coursework, regardless of enrollment status
   2. Courses funded through a Consortium Agreement
   3. All attempted remedial credits, including English as a Second Language (ESL) courses.
   4. Repeated course work
   5. All transferred coursework
   6. Grades attempted, but not completed (F, I, N, W, Y, Z)
4. Course work included in the Maximum Time Frame evaluation:
   
   1. All of those included in the Pace of Progression evaluation
   2. Any Bachelor’s degree (or higher) earned will be considered to have exhausted maximum timeframe eligibility
   3. All coursework forgiven through the Academic Renewal Process
5. Course work not included in SAP evaluation:
   
   1. Audited courses
   2. Non-credit courses
   3. Credit by examination
   4. Credit for prior learning option (as outlined in the college general catalog)

Notification

Students who have applied for Federal Student Aid, but are not meeting Satisfactory Academic Progress requirements, will be notified via email of their FA Warning or ineligibility for financial aid. The notification will direct students to information regarding available college resources during the Warning Period and the appeal process in cases of extenuating circumstances. 

Financial Aid Warning

Students are allowed a warning period upon failing Qualitative and/or Quantitative SAP standards.  The warning period allows one (1) payment period (semester) of Federal Student Aid eligibility upon failing SAP. The warning period will follow the semester for which SAP was not met, meaning the next semester for which the student registers for classes.  In order to receive the Warning period, students must be meeting Maximum Timeframe requirements.

SAP Appeal

Any student who has lost federal student aid eligibility due to a resolved, one-time extenuating circumstance may appeal to have their financial aid reinstated by completing a Satisfactory Academic Progress Appeal Form. The form must address:

1.  what caused the student’s work to fall below acceptable standards--specific explanations must be provided, including any supporting documentation,
2. each incomplete/failed course,
3. how the extenuating circumstance has been resolved, and 
4. how the student will maintain good academic standards and progress toward the degree if the appeal is granted.               

The outcome of the appeal will depend upon:

1. the nature of the extenuating circumstances (if the stated circumstance qualifies as such),
2. the quality of the documentation provided, and
3. how well the student has demonstrated the ability to progress towards degree completion within a reasonable time period.  

All documentation submitted is confidential.  All decisions are final and cannot be appealed.  For assistance in completing the SAP appeal paperwork, including examples of supporting documentation, visit your college Financial Aid Office.   

Students will be notified of the results of their appeal within ten (10) days of filing the appeal. Notification will include any restrictions or conditions pertaining to their appeal. The outcome of an appeal may include a probationary period. Appeals granted longer than one (1) payment period must include an academic plan, which must be followed.  Failure to follow an approved academic plan will result in immediate suspension of Federal Student Aid.  Students are responsible for any and all debt incurred as a result of this adjustment to financial aid. 

Failure to successfully complete all conditions during the probationary period (as defined in the academic plan) will result in loss of future financial aid eligibility.

Regaining Eligibility

A student who has lost financial aid eligibility may only regain eligibility by meeting the minimum SAP standards. Transfer coursework taken at other colleges will be considered for reinstatement purposes.  

If you are receiving federal financial aid it is important to read the information below prior to making a decision to withdraw.

Treatment of Title IV Aid When a Student Withdraws

POLICY SUMMARY STATEMENT



To provide guidance on the treatment of federal student aid (Title IV) funds when a student withdraws from a Maricopa College. 

DEFINITIONS 

Date of Determination – The date of determination is the date in which the school determines that a student ceased attendance or completely withdrew from school. This may be the date that the institution becomes aware that the student ceased attendance, or the date that the student begins the official withdrawal process at the school. 

Earned Aid Calculation – A formula used to determine the amount of Title IV aid the student earned for the payment period. To calculate the amount of Title IV aid earned by the student multiply the percentage of Title IV aid earned by the student, by the total amount of Title IV aid disbursed (including that which could have been disbursed to the student or on behalf of the student), for the payment period as of the student’s withdrawal date. 

Official Withdrawal - The process by which a student begins the school’s official withdrawal process or provides official notification to the school of his or her intent to withdraw. The student’s approach to his or her withdrawal directly impacts the school’s date of determination for which the student ceased attendance, and is used in the return of Title IV funds calculation.

To officially withdraw, the student will need to notify a designated office; this office for most MCCCD colleges is the Admissions and Records department. The designated office staff will assist the student to complete the withdrawal process. Schools will utilize a change in student status or comparable form to record a student’s withdrawal, official or unofficial (see “unofficial withdrawal” definition). The school registrar will determine the last date of attendance based on federal and institutional policy and the school’s date of determination. The date of determination is either the date that the student began the prescribed withdrawal process, or the date that the student provided the school with an official notification of his or her intent to withdraw, whichever is later. If the student is present, the student will sign and date the change in status or comparable form. Designated office staff will also sign and date the form, and retain it in the student’s file at the school. 

Order Of Return of Title IV Funds - A federally prescribed order for returning Title IV FUNDS required as a result of a return of Title IV funds calculation. Unearned funds, returned by either the institution or the student, are credited to the programs from which the student received the aid from during the payment period, up to the net amount disbursed from each program. Funds will be returned based on the following order:

1. Unsubsidized Federal Direct Stafford Loans

2. Subsidized Federal Direct Stafford Loans

3. Federal Direct Plus Loans

4. Federal Pell Grants

5. Iraq and Afghanistan Service Grants

6. FSEOG

7. Teach Grants

Percentage of Title IV Aid Earned – Definitions for term, and modular programs below, in accordance with ED regulations:

Title IV Credit Balance - A Title IV credit balance occurs whenever the amount of Title IV Funds credited to a student’s account for a payment period exceeds the allowable charges associated with the semester (payment period). All Title IV federal student aid credit balances are disbursed directly to the student and refunded to the method selected in the student center. Refunds are generally processed within 3 business days but no later than 14 days of when credit balance occurred.

STANDARD TERM PROGRAMS



Upon the withdrawal, the District Office Student Financial Services (DOSFS) will calculate the percentage and amount of awarded federal student aid funds that the student has earned in the payment period. In some cases and depending upon the withdrawal date and percentage of completion, the student may earn 100 percent of the FSA funds, the calculation will still be completed as required and the amount earned will be based on the percentage of the term or payment period that was completed in days up to and including the last date of attendance or eligible academic activity, with scheduled attendance locked at census / Pell recalculation. To calculate the amount earned, DOFA will determine the percentage by dividing the number of calendar days completed in the term/payment period up to and including the last date of attendance by the total number of calendar days in the term/payment period. The number of days a student is scheduled to attend during a payment period is determined based on the start and end date of the scheduled term / payment period. All scheduled breaks during the term / payment period are excluded from the calculation. 

MODULES



A program that is offered in modules is a program that consists of course(s) in the program that do not span the entire length of the payment period or period of enrollment. Regulatory change effective July 1, 2021: a program is offered in modules if the program uses a standard-term or non-standard term academic calendar, is not a subscription-based program, and a course or courses in the program do not span the entire length of the payment period or period of enrollment. The DOSFS will calculate the percentage and amount of awarded federal student aid that the student earned within the payment period. If the student has completed more than 49 percent of the payment period, or has completed all of the degree requirements from his/her program before completing the days/hours in the period that he/she was scheduled to complete, or if the student completes coursework equal to or greater than the coursework required for the institution’s definition of a half-time student for the payment period, or the school receives written notification that the student will attend a module that begins in the same payment period or period of enrollment, the student is not considered to have withdrawn, and a Return of Title IV Funds (R2T4) is not required and will not be calculated.   

When a student withdraws from the payment period before completing 49 percent of the payment period, the amount of federal student aid the student earned is determined based on a specific formula. The number of days a student is scheduled to attend during a payment period is determined based on the start and end date of the scheduled term / payment period, with scheduled attendance locked at census / Pell recalculation. Scheduled breaks are excluded from the calculation. The amount of assistance the student earned is determined on a rate-of-progression basis. 

Post-Withdrawal Disbursement -  If, as of the date of the institution’s determination that the student withdrew the amount of Title IV aid that the student earned is more than the amount of Title IV aid disbursed to the student or on behalf of the student, the difference between these amounts is considered earned aid, and must therefore be applied to outstanding charges on the student’s account and/or directly disbursed to the student. 

Return of Title IV Funds (R2T4) - When a recipient of Title IV aid withdraws from an institution during a payment period or period of enrollment in which the recipient began attendance, the school must calculate the amount of earned and unearned Title IV aid and compare this to the amount of aid disbursed at the date of determination, to determine how to proceed.

If it is determined that the amount of Title IV aid disbursed exceeds the amount of Title IV aid earned, a return of Title IV funds is due, and both the school and the student may have a responsibility for returning the unearned portion of the funds. The school must return the unearned portion of Title IV aid for which the school is responsible for and notify the student of the unearned portion of Title IV aid that the student is responsible for and therefore must return. 

If it is determined that the amount of earned Title IV aid exceeds the amount of Title IV aid disbursed, the student may be eligible for the amount of aid not yet disbursed, in the form of a post-withdrawal disbursement.  A post-withdrawal disbursement must be made within 180 days of the date the institution determined that the student withdrew. The amount of a post-withdrawal disbursement is determined by following the requirements for calculating earned Title IV aid and has no relationship to incurred educational costs. All Title IV federal student aid credit balances are disbursed directly to the student and refunded to the method selected in the student center. Refunds are generally processed within 3 business days but no later than 14 days of when credit balance occurred.

TITLE IV LOANS



For unearned funds calculated to be returned by the school:

It is policy, as part of the R2T4 process, to provide notification to the student indicating the loan type(s) and amount(s) calculated as needing to be returned and, thus, the date returned by the school. The school must return the lesser of the amount of Title IV funds not earned, or the amount of institutional charges that the student incurred for the payment period multiplied by the percent of funds not earned.  

For unearned Title IV funds calculated to be returned by the student:

If there is a remaining balance of unearned Title IV aid which needs to be returned, after the school has returned its portion of unearned Title IV aid, the student (or the parent for plus loan) is responsible for returning this amount. While the student must return or repay any unearned Title IV loan amount in accordance with the terms of the loan, the student must repay any unearned Title IV grant funds as an overpayment of the grant. The student’s portion is calculated by subtracting the amount of unearned Title IV aid that the institution is required to return from the total amount of unearned Title IV aid required to be returned.  If it is calculated that unearned loan(s) need to be returned by the student, the center will notify the lender or servicer of the student’s last date of attendance; the student will not need to repay the loan(s) immediately, but will repay the loans based on the terms of the promissory note. The lender or servicer will notify the student or parent, per the terms of the promissory note.

TITLE IV GRANTS



For unearned funds calculated to be returned by the school or student:

It is policy, as part of the R2T4 process, to provide notification to the student indicating the grant type(s) and amount(s) calculated as needing to be returned and, thus, the date returned by the school.

Return of Unearned Aid - If, as of the date of the institution’s determination that the student withdrew the amount of Title IV aid that the student earned is less than the amount of Title IV aid disbursed to the student or on behalf of the student, the difference between these amounts is considered unearned aid, and must therefore be returned to the Title IV program in a specified order, by either the school, the student, or both.

Unofficial Withdrawal (also known as an “administrative” withdrawal) - A student who did not begin the official withdrawal process or provide notification of his or her intent to withdraw; the date of the school’s determination that the student withdrew would be the date that the school becomes aware that the student ceased attendance. See “official withdrawal” definition above. 

A student who does not notify the school that s/he is withdrawing but ceases attending, is administratively withdrawn by the school within 14 days of non attendance; this is otherwise known as an unofficial withdrawal. A student is administratively withdrawn from school when the student violates the school’s published attendance policy, which adheres to state licensing and accreditation requirements. Please see the school’s catalog for its current attendance policy.

Withdrawal Date (also known as the “last date of attendance”) - The date that the student begins the school’s withdrawal process or the date that the student provides official notification of intent to withdraw, whichever comes earlier. If the student does not provide any official notification of intent to withdraw, the withdrawal date will be determined by the school, and depend upon the student’s circumstances. 

FEDERAL TITLE IV REFUND POLICY



If a recipient of Title IV grant or loan funds withdraws from a school after beginning attendance, the school must perform a Return of Title IV funds (R2T4) calculation to determine the amount of Title IV federal student aid funds earned by the student. If the calculation determines that the amount of Title IV aid disbursed to the student is greater than the amount the student earned, the unearned Title IV funds must be returned to the program. If it is determined that the amount of Title IV aid disbursed to the student is less than the amount the student earned (and for which the student is otherwise eligible for), the student may be eligible for a post-withdrawal disbursement for the earned Title IV funds not yet disbursed to the student.  

The R2T4 calculation is required if a student receiving Title IV federal student aid ceases attendance or completely withdraws from all courses without completing the semester (payment period). 

The school must determine the amount of Title IV aid earned by the student, as of the withdrawal date. Once the earned portion is calculated, the unearned portion is calculated to determine if funds must be returned to the program or a post-withdrawal disbursement is necessary. Federal policy is followed to determine the amount of Title IV aid earned on a case by case basis. The R2T4 calculation is always required when a student fully withdrawals or ceases attendance prior to the scheduled end of the semester, the calculation may determine that the student earned 100% of Title IV funds and will not be required to return funds. A return of Title IV funds worksheet is calculated when a student ceases attendance in all courses within the scheduled semester (payment period), i.e. withdrawal. 

WITHDRAWAL PROCEDURE OVERVIEW: 

Policy Disclaimer



This policy serves as a guideline for the refund of Title IV and tuition procedure with the understanding that it does not cover every possible scenario. As a result, complex areas may arise where certain refund procedures may need to be addressed on a case-by-case basis.

Party(ies) Responsible for Policy Training



MCCCD District Office of Financial Aid Compliance and Operations / Office of General Council. District Director of Financial Aid Operations and Compliance. The policy owner is responsible to determine the method, means and frequency of training on this policy.     

Exceptions



Requests for an exception to this policy should be addressed to the policy owner as outlined in the procedure for requesting a policy exception.

Policy Review/Update and Audit



This policy will be reviewed annually. Compliance with this policy is audited on a random basis by Internal Audit. 

A student who feels that he/she has been treated unfairly or unjustly by a faculty member (full-time or part-time) with regard to an academic process such as grading, testing or assignments, shall discuss the issue first with the faculty member involved. This conference shall be requested by the student within fifteen (15) working days from the time the student knew or reasonably should have known about the unfair or unjust treatment. If the grade issue is the final grade, Article 20.7.6 of the Faculty Agreement governs.

This instructional grievance process should not be utilized in a case in which a student feels he/she has experienced discrimination. If the student feels that he/she has experienced discrimination on the basis of race, color, religion, sex, gender identity, national origin, citizenship status (including document abuse), gender, age, disability, veteran status, genetic information, or sexual orientation, the student should refer to the Discrimination Complaint Procedures for Students as administered by the Vice President for Student Affairs.

Steps for students to follow:

1. If, within ten (10) working days of the request for the conference with faculty member, the problem is not resolved or the faculty member has been unable to meet with the student, the student may continue the process by filing a written grievance with the Department/Division Chairperson and appropriate administrative officer at the college/center. This written grievance must be filed within ten working days following the previous deadline. The written grievance will be given to the faculty member five days before any official meetings are convened.
   
    
2. Upon receipt of a written grievance, the Department/Division Chair or appropriate college administrative officer will work with the parties in an attempt to resolve the conflict. The faculty may ask that the College Faculty Senate President be in attendance. Every attempt will be made to maintain confidentiality during this process. A faculty member will not be required to respond to a grievance which is not in writing and which, when appropriate, did not have specific documentation including dates, times, materials, etc. The written grievance will be made available to the faculty member.
   
    
3. If the grievance is not resolved at this level within ten working days, the student should forward to vice president of academic affairs or designee, a copy of the original written grievance with an explanation regarding action taken at each prior level. The dean of instruction or appropriate college/ center administrative officer will meet with the student, faculty member, the College Faculty Senate President if requested by the faculty member, and Department/Division Chair and attempt to resolve the issues. This level will be the final step in any grievance process regarding grades.
   
    
4. If the grievance, other than those concerning grades, is not resolved by the vice president of academic affairs or designee, it may be forwarded in writing by the student to the college president for final resolution. The college president or designee will issue a final written determination in the grievance process.
5. Instructional grievances are resolved at the college level. The district office is not an avenue of appeal for the instructional grievance process.

Note: The grievance process for grades must be initiated no later than sixty (60) calendar days from the date the grade was issued.

Appendix S-7 Withdrawal Procedures was removed from the Appendices section through the Catalog Common Pages Administrative Regulation Review Process, June 12, 2023.  Refer to Administrative Regulation 2.3.6 Withdrawal for information regarding withdrawal procedures.

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

1. Discuss the issue with the employee involved. The student should request this conference within fifteen (15) working days from the time the student knew or reasonably should have known about the unfair or unjust treatment.
   
    
2. If, within ten (10) working days of the request for the conference with the employee, the problem is not resolved or the employee has been unable to meet with the student, the student may continue the process by filing a written complaint with the appropriate supervisor of the employee where authority exists to take corrective action. This written complaint must be filed within ten (10) working days following the previous deadline. The written complaint will be given to the employee five (5) working days before any official meetings are convened.
   
    
3. Upon receipt of a written complaint, the appropriate supervisor will work with the parties in an attempt to resolve the conflict. Every attempt will be made to maintain confidentiality during this process. An employee will not be required to respond to a complaint which is not in writing and which, when appropriate, does not have specific documentation including dates, times, actions, supporting documents, etc. The written complaint will be made available to the employee.
   
    
4. If the complaint is not resolved at this level within ten (10) working days, the student should forward to the vice president of student affairs or designee, a copy of the original written complaint with an explanation regarding action taken at each prior level. The vice president of student affairs or designee will meet with the student, the employee, and the relevant supervisor and attempt to resolve the issues.
   
    
5. If the vice president of student affairs or designee do not resolve the complaint, the student may forward it in writing to the college president for final resolution. The college president or designee will issue a final written determination in the complaint process.

Information deleted through Administrative Regulation approval process on February 23, 2010.

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

Reduced Course Load Approval Form (Adobe Acrobat—Requires Acrobat Reader)

Appendix S-11 Procedures for Lost or Stolen Student Records has been hereby repealed and is no longer effective.

Important Deadline for Students (Adobe Acrobat—Requires Acrobat Reader)

Allied Health or Nursing Assumption of Risk/Release of Liability

Most of the allied health or nursing program pathways include a program of study in a clinical training environment that may contain exposures to risks inherent in patient-oriented educational experiences (such as but not limited to bodily injury or communicable and infectious diseases). Students enrolling in clinical educational courses will be asked to sign a statement assuming all risks inherent in their coursework.

Use of Confidential Information

Students enrolled in allied health or nursing program pathways will have learning experiences in a health care setting where they will have access to confidential information. Prior to beginning any clinical studies, the students will be asked to sign an agreement to adhere to the requirements of those clinical sites and applicable law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

MCCCD Required Background Checks

Students enrolled in an MCCCD allied health or nursing program are required to complete and pass clinical learning experiences, working with children, elderly persons, and other vulnerable populations. MCCCD’s major clinical agency partners now mandate that any college students assigned to them for clinical experiences submit to a comprehensive background clearance prior to entering such learning experiences. Because the clinical experience portion of the programs is critical to completing a program of study, MCCCD has instituted two specific background check requirements in order for a student to enroll in a program. First, the student must obtain, at his or her own cost, a Level I Fingerprint Clearance Card from the Arizona Department of Public Safety. Precluding offenses for a Level I card can be found in Arizona Revised Statute § 41-1758.07 (https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/01758-07.htm). Additionally, students must also obtain a “pass” status on a MCCCD supplemental background check from MCCCD’s authorized background check contractor. The student must also pay for this background check. The supplemental check will be based on the most stringent standards of MCCCD’s clinical experience partners.

The sole program for which the background check requirements are different is the Emergency Medical Technician program. For that program, students must have obtained a Level 1 Fingerprint Clearance Card from the Arizona Department of Public Safety. They are also required, at the time of their clinical assignments, to submit to, pay for and pass any additional background check requirements of the clinical agencies to which their EMT program places students.

Certain licensing boards may require a separate background check or clearance card upon application for licensure or certification.

The MCCCD supplemental background check review may include searches of the following databases and information but MCCCD reserves the right to change the search criteria and the program background check requirements at any time without notice:

1. National Federal Health Care and Abuse Databases
2. Social Security Verification
3. Residency History
4. Arizona Statewide Criminal Records
5. Nationwide Criminal Databases
6. Nationwide Sexual Offender Registry
7. Homeland Security Search

Examples of background information that will result in a “fail” status on the supplemental background check include:

1. Social Security number does not belong to the applicant
2. Any inclusion on any registered sex offender database
3. Any inclusion on any of the Federal exclusion lists or Homeland Security watch lists
4. Any conviction of a felony no matter what age of the convictions
5. Any warrant any state
6. Any misdemeanor conviction for the following no matter how long ago:
   
   1. Violent crimes
   2. Sex crime of any kind including non consensual sexual crimes and sexual assault
   3. Murder, attempted murder
   4. Abduction
   5. Assault
   6. Robbery
   7. Arson
   8. Extortion
   9. Burglary
   10. Pandering
   11. Any crime against minors, children, vulnerable adults including abuse, neglect, exploitation
   12. Any abuse or neglect
   13. Any fraud
   14. Illegal drugs
   15. Aggravated DUI
7. Any misdemeanor controlled substance conviction in last 7 years
8. Any other misdemeanor conviction within last 3 years  [EXCEPTIONS:  Any misdemeanor traffic (DUI is NOT considered traffic).

The information that MCCCD uses for the “pass/fail” background check is subject to change at any time without notice.

MCCCD recommends that students carry proof of the background clearance at all times during any clinical agency learning experience.

Duty to Report Changes; Removal

Students have an obligation to immediately report to the director of their program any change in the information that they supplied on forms submitted to initiate background checks relating to the allied health or nursing program. That includes information provided to the Arizona Department of Public Safety and MCCCD’s supplemental background check vendor, as well as that related to the background check required by a clinical agency. Failure to do so will result in removal from the program. Additionally, any change in background check status that would affect the student’s clearance under either MCCCD’s or a clinical agency’s standards will result in removal from a program.

Additional Clinical Agency Background Check

Some clinical agencies require that students assigned to their sites submit to a criminal background check covering other offenses, as well as to a drug screening. Students are required to pay for the additional agency clinical background check. A clinical agency that requires this additional background check may refuse to place a student due to information the clinical agency obtains in its background check even though that student possess a valid Level I Fingerprint Clearance Card and has obtained a “pass” status on the MCCCD supplemental background check.

Some conditions that have resulted in students being denied placement at clinical agencies include pending criminal charges, outstanding warrants, unfinished terms of a sentence (such as unpaid fines), pattern of repeated types of arrests/convictions, and failure to disclose all past arrests/convictions when asked to do so on any background check application.

Inability to Place

MCCCD has no obligation to make repeated attempts to place a student when the reason for MCCCD’s inability to place the student is due to background check issues. Since clinical agency assignments are mandatory requirements for completion of a program, a student’s inability to complete required clinical experience due to his or her background check issues will result in removal from the program.

Changes to Admission or Background Check Requirements

MCCCD may change its program admission requirements or background check requirements without notice at any time.

No Guarantee of Receipt of Licensure/Certificate

Many of the nursing and allied health programs prepare graduates for application for State or National certificates or licenses. In some professions, such licensure and certification is required prior to employment or practice in the profession. Graduation from a nursing and allied health program does not guarantee the receipt of a license or certificate to practice in the field of study.

Procedure for Petition Signature Solicitation (Adobe Acrobat—Requires Adobe Acrobat Reader)

Procedure for Use of College Grounds (Adobe Acrobat—Requires Acrobat Reader) *subject to revision*

In 2010, Arizona voters approved the Arizona Medical Marijuana Act (Propositions 203), a state law permitting individuals to possess and use limited quantities of marijuana for medical purposes. Because of its obligations under federal law, however, the Maricopa Community Colleges will continue to prohibit marijuana possession and use on campus for any purpose.

Under the Drug Free Workplace Act of 1988, and the Drug Free Schools and Communities Act of 1989, “…no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any federal program, including participation in any federally funded or guaranteed student loan program, unless it has adopted and has implemented a program to prevent the use of illicit drugs and abuse of alcohol by students and employees.” Another federal law, the Controlled Substances Act, prohibits the possession, use, production, and distribution of marijuana for any and all uses, including medicinal use. This law is not affected by the passage of the Arizona Medical Marijuana Act. Because Maricopa Community Colleges could lose its eligibility for federal funds if it fails to prohibit marijuana, it is exempt from the requirements of the Arizona Medical Marijuana Act. Therefore, Maricopa Community Colleges will continue to enforce its current policies prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on its property or as part of any of its activities.

Employees and students who violate Maricopa Community Colleges policy prohibiting the use or possession of illegal drugs on campus will continue to be subject to disciplinary action, up to and including expulsion from school and termination of employment.

In instances where the college decides not to amend an education record as requested by the student, the college will notify the student of the decision and advise him/her of the right to an appeal hearing according to the following process:

• The student must have first presented the issue in writing to the college’s Admissions/Enrollment Office or designee identifying the records that he/she wishes to have amended and provided any supporting documentation.  Note: With the exception of clerical errors, requests that are expressly related to grade disputes are not subject to this process and must be vetted through the Instructional Grievance Process. 

• If the request to change the record was deemed unsubstantiated by the college designee and the institution was able to demonstrate that the record was accurate, the student will be informed of the right to a formal appeal hearing.

• Students must request a formal hearing within 10 business days from the date they are informed of the right to an appeal hearing.

• The request for a formal hearing must be in writing and delivered to the [Dean of Admissions/Enrollment Services, Vice President of Student Affairs] or designee.

• The college official who receives the formal hearing request will either review the case personally or designate a hearing committee if the issue involves a matter not clearly established by current policy or administrative regulation.

•  A written decision will be delivered to all parties summarizing the evidence and stating the reason(s) for the decision.  If the decision is in favor of the student, the education record will be amended.  If the decision is for the record to remain the same, the student may place a statement commenting on or disagreeing with the decision in the education record.  

The Campus Sex Crime Prevention Act (CSCPA), (section 1601 of Public Law 106-386), is a Federal Law enacted on October 28, 2000. In compliance with this law, the Maricopa County Community College District (MCCCD) will work in collaboration with the Sheriff’s Department to identify convicted registered sex offenders enrolled as students at one of MCCCD’s colleges or working at the District office or at any of the MCCCD colleges (in paid or unpaid positions).

GENERAL INFORMATION

1. In accordance with the CSCPA, the MCCCD will provide on its Sex Offender Information and Notification website, a link to the Arizona Sex Offender Registry website and instructions on how to access it.
2. Arizona Revised Statutes require persons convicted of any of the following 21 different offenses to register as sex offenders: 1) unlawful imprisonment if the victim is under 18 years of age; 2) kidnapping if the victim is under 18 years of age; 3) sexual abuse if the victim is under 18 years of age; 4) sexual conduct with a minor; 5) sexual assault; 6) sexual assault of a spouse; 7) molestation of a child; 8) continuous sexual abuse of a child; 9) taking a child for the purpose of prostitution; 10) child prostitution; 11) commercial sexual exploitation of a minor; 12) sexual exploitation of a minor; 13) luring a minor for sexual exploitation; 14) aggravated luring a minor for sexual exploitation; 15) unlawful age misrepresentation for the purpose of committing a sexual offense 16) sex trafficking of a minor; 17) a second or subsequent violation of indecent exposure to a person under 15 years of age; 18) a second or subsequent violation of public sexual indecency to a minor under the age of 15; 19) a third or subsequent violation of indecent exposure; 20) a third or subsequent violation of public sexual indecency; and 21) violations relating to the failure to register as a sex offender. (See A.R.S. §13-3821).
3. The Arizona Department of Public Safety classifies sex offenders according to levels. The levels consist of Level 1: Low risk to the community, Level 2: Intermediate risk to the community, and Level 3: High risk to the community.
4. By law, Registered Sex Offenders (RSO) are required to contact the Maricopa County Sheriff’s office or local police agency when they enroll in or are employed at a college—in either paid or unpaid status. (A.R.S. §13-3821).
   
   1. Level Two and Level Three Offender’s Obligation to Notify the College:

      STUDENTS

      1. Current Students who are enrolled and receive their final classification or a change in classification as a Level 2 or Level 3 sex offender during their period of enrollment must notify the Campus Public Safety Officer within five (5) business days of the start of the semester. Campus Public Safety Officers for each college and for the district office can be found. The Campus safety officer will schedule a meeting with the Dean of Students (or designee) and the Registered Sex Offender student to take place within ten (10) days of the notification to Public Safety.
         
         1. Failure to comply with this procedure may lead to discipline under the Student Code of Conduct as well as possible criminal penalty as outlined in Arizona state law.
      2. Potential Students who have been designated as a Level 2 or Level 3 sex offender must notify the Campus Public Safety Officer to arrange a meeting when they intend to enroll at a College. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. This meeting must take place at least ten (10) calendar days prior to the start of classes. The meeting shall include the RSO, the Dean of Students (or designee), and the Campus Public Safety Officer.)
         
         1. A person who is classified as a Level Two or Three sex offender has been admitted to MCCCD and who has failed to timely to register pursuant to these procedures may be subject to discipline under the Student Code of Conduct as well as possible criminal penalties as outlined in Arizona state law.

      EMPLOYEES

      3. Current Employees who receive their final classification or a change in classification as a Level 2 or Level 3 sex offender during their period of employment must immediately notify the Campus Public Safety Officer. The campus public safety officer will arrange meeting with the Human Resources Manager (or designee) at the individual campus and the Registered Sex Offender employee. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. The meeting with the college human resources manager and the Campus Public Safety Officer must take place within ten (10) days of the original notification to Public Safety.
      4. Potential Employees who have been classified as a Level 2 or Level 3 sex offender must notify the Campus Public Safety Officer to arrange a meeting when they are offered employment at the College. Campus Public Safety Officers for each college and for the district office can be found at the MCCCD Police website. This meeting must take place at least ten (10) calendar days prior to the start of employment. The meeting shall include the RSO, the college human resources manager and the Campus Public Safety Officer (or their designees).
5. COLLEGE OFFICIALS' MEETING WITH LEVEL 2 OR LEVEL 3 SEX OFFENDER
   
   1. After notification that a student or employee has been classified as a Level Two or Three Sex Offender, MCCCD Public Safety will collect information from the RSO student or employee, probation/parole officer, Sheriff’s Office, and/or arresting agency regarding the type of crime, conditions for probation, and/or level of risk.
   2. For Students: MCCCD Public Safety will notify the Dean of Student Affairs (or designee) when a RSO has enrolled or expressed a desire to enroll at a MCCCD college. A representative from the Student Affairs office shall participate in the required meeting with the RSO.
      
      1. An RSO identification must be placed in the Advocate online system. The identification should include a summary of the offense/court-ordered conditions in place upon release, information from the parole/probation officer, and possible interventions needed at the college/District level.
   3. For Employees: MCCCD Public Safety will notify District and college Human Resources (or designee) when an RSO has registered due to being offered employment with the MCCCD or is a current employee who has been classified as a Level Two or Three Sex Offender.  A representative from District and the identified college’s Human Resources department shall participate in the required meeting with the RSO.
      
      1. An RSO identification must be placed in the employee’s personnel file. The identification should include a summary of the offense/court-ordered conditions in place upon release, information from the parole/probation officer, and possible interventions needed at the college/District level.
   4. At the meeting referred to above, the student or employee who is classified as a Level Two or Three sex offender will be advised of the following information:
      
      1. The College’s knowledge of his/her final classification.
      2. The College’s obligation to provide public access to Level 2 & 3 sex offender information through its Department of Public Safety.
      3. Any restrictions that will be imposed on the sex offender—based on any Court restrictions, restraining orders, or orders of protection that may be in place—and the duration of such restrictions.
      4. If the offender is classified at Level 3, he/she is further informed of:
         
         1. The College’s policy of posting notice at each college campus within two (2) days of receipt of the RSO’s information, regardless of when the meeting occurs.
         2. The Level 3 RSO will receive a copy of the community notification the College intends to post.
         3. The functional areas of the College which will be provided with the public notification that will be posted.
      5. At any time, the Department of Public Safety can communicate with the offender’s parole/probation officer.
      6. For Scottsdale Community College (SCC): Since SCC is located within the geographic borders of the Salt River Pima-Maricopa Indian Community, Registered Sex Offenders Students must adhere to additional community regulations. Beyond meeting with SCC's Office of Public Safety, RSO's must register and meet with the Sex Offender unit at the Salt River Police Department. This meeting must take place prior to the beginning of the semester the RSO wishes to attend.  The RSO must also meet with the Sex Offender unit at the Salt River Police Department every three months they attend SCC. 
6. FERPA: The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning the presence of registered sex offenders.
7. ANNUAL AND OFF-CYCLE REVIEWS: Public Safety and the Student Affairs Dean (or designee) or Human Resources representative, depending on the status of the RSO, shall meet on an annual basis to review the conditions of enrollment, employment, and campus engagement. Additional, off cycle, reviews should be conducted when an RSO student or employee transfers within MCCCD or new information about criminal conduct has been received. District imposed conditions may be removed, added, or altered based on changes in enrollment location(s), legal case status, new criminal activity, and/or disciplinary standing. Both Public Safety and Dean of Students or Human Resources professionals, for students and employees, respectively, shall maintain documentation regarding all initial, annual, and off-cycle meetings and reviews.
8. FAILURE TO NOTIFY CAMPUS ADMINISTRATION: Failure to notify campus administration, as outlined in this procedure, of one’s status as a RSO may lead to discipline up to and including removal from classes and/or suspension from participation in academic or extra-curricular programs, termination from employment as well as possible criminal penalty as outlined in Arizona state law.
9. CAMPUS AND COMMUNITY NOTIFICATION OF RSO STATUS: Pursuant to Arizona law, the MCCCD shall make campus notifications of RSO status, as follows:
   
   1. For level two and level three offenders, the MCCCD Public Safety Office, in conjunction with the Public Safety office at each college will coordinate with the local law enforcement agency responsible for the individual community notifications to ensure the sex offender notification is provided to the individual campus community.
   2. The Sex Offender Information and Notification website will host the notification of RSO’s employed by or attending a MCCCD college, including employment with the District office. 
   3. For Colleges with facilities off-site from the main campuses that receive a registered sex offender community notification flyer from a local law enforcement agency, building managers are advised to post the flyer the building’s common area easily accessed by students, staff, and faculty for a at least thirty (30) days. Specific information and instructions related to the community notification will be contained in the flyer and such instructions should be followed.
   4. Any criminal activity involving a registered sex offender should be reported to police.
10. ADMINISTRATIVE OVERSIGHT:
    
    1. Students: A campus administrator has the right to, at her or his discretion, require currently enrolled RSOs to attend regular meetings. The meetings will serve as a way to monitor compliance with conditions for enrollment and assist with student success. The frequency, duration, attendees to the meeting, and location of the meetings will vary based upon the needs of the RSO.
    2. Employees: A supervisor, in conjunction with a Human Resources representative, at her or his discretion, may require currently employed RSOs to attend regular meetings. The meetings will serve as a way to monitor compliance with conditions for employment and assist with student success. The frequency, duration, attendees to the meeting, and location of the meetings will vary based upon the needs of the RSO.

S-19 Individual Use of Intellectual Property Request Form 

As required by the Maricopa County Community College District (MCCCD) Administrative Regulation 2.11, Student-Athlete Name, Image, Likeness (NIL) Activity, and Arizona law, MCCCD student-athletes may not use MCCCD’s intellectual property, including registered trademarks, copyrights, official logos, marks, or colors without the written approval of the respective MCCCD College Athletic Department. If use of MCCCD intellectual property is authorized, it must be used properly and within established guidelines (see here: Brand Guidelines). 

This request form should be submitted to the student’s Athletic Director and the MCCCD Marketing Department. This form must be submitted for review five (5) business days in advance of the proposed student-athlete NIL use of MCCCD intellectual property. 

Questions may be addressed to the individual college Athletic Director, or the District Office of Compliance at compliance@domail.maricopa.edu.

USE OF MCCCD INTELLECTUAL PROPERTY FOR NIL ACTIVITIES WITHOUT THE

PRIOR PERMISSION OF MCCCD IS PROHIBITED.

S-19 Individual Use of Intellectual Property Request Form 

1. An appropriately worded and design dedication plaque may be placed either as a cornerstone or at the main entrance to the building (interior or exterior), giving the names and pertinent information. The following information should be included on the plaque.
   
   1. Building Name
   2. Chancellor's Name and Title
   3. College President's Name and Title
   4. Governing Board Members' Names and Positions (President, Secretary, or Member)
   5. Consultant Name
   6. Contractor Name
   7. Year of Occupancy
   8. Option to include a graphic of either the campus logo or other theme/symbol/shape that is used in the building signage
   9. College Name (either as a separate line or as part of the President's name)

      Dr. Jane Doe, President, <name> Community College, Maricopa County Community College District (along with the current District logo)

2. The plaque size should be determined by the building team in response to the location, materials, visibility and other signage on the project or campus.
3. Names and titles should be as they are at the time of building occupancy. In the case of an interim or temporary position holder at the time of occupancy, the name of that position should revert to the individual holding the full-time or permanent position at the time design or construction began.

(Supplement to the Technology Resource Standards Administrative Regulation)

Complaints alleging violation of the Technology Resource Standards shall be filed in writing, under signature of the complainant, with the Maricopa Community Colleges Office of Information Technology Services. The complaint shall state with particularity the content or activity believed to be in violation.

Within five working days of its receipt by the Office of Information Technology Services, a copy of the complaint in its entirety shall be sent to the user alleged to be responsible for the content or conduct at issue. The user shall have five working days from the date of receipt of the complaint to voluntarily remove or amend the content at issue or cease the conduct complained of.

If the user voluntarily removes or amends the content at issue or ceases the conduct complained of, no further review shall be undertaken.

All requests to establish a voluntary payroll deduction will be subject to a development period. Requests approved by June 30 will be implemented January 1. Requests approved by December 31 will be implemented July 1.

The MCCCD email system was established to link our community of 10 colleges, centers and the District Office. Presently, we have over 18,000 members on the distribution lists that are used to post messages district-wide. The lists are provided as a courtesy for communicating essential messages related to college or district operations. Further, the email system is considered to be a public resource that requires exercising responsible stewardship for its use. Thus, Standards of Practice have been established by the Chancellor to authorize college-identified designees to post messages and general announcements to the following distribution lists: DL-MARICOPA-BUSINESS and DL-MARICOPA- ANNOUNCEMENTS.

Each college will identify designees who will act as authorized senders on behalf of a program, process, group, or department officially sanctioned to post messages for their college-approved function. Although this group of persons may act as their own review, the Standards of Practice herein still apply. An example of persons that may be appropriate for this group are division chairs, marketing directors, theater directors, training development managers, diversity coordinators, policy group campus representatives, or other individuals whose official function regularly includes both planned or unplanned communication to the entire MCCCD community.

Additionally, each college shall identify designees who may or may not be members of the authorized senders described above, who will review messages sent on behalf of a college program or activity prior to posting. Parties that seek to have a message posted district-wide to either list must submit the message to the appropriate designee.

The Standards serve to supplement, but not replace the existing administrative regulations for Electronic Communications and Technology Resource Standards and are as follows:

1. Neither distribution list shall serve as a discussion forum for personal exchange, but instead shall be used to post messages that are applicable and necessary to carry out district or college operations.
2. The DL-MARICOPA-BUSINESS list was established for the exclusive purpose of notifying all employees of matters that are essential to conduct the administrative, academic and functional operations of the Maricopa County Community College District. Posting messages to this list is strictly limited and the messages should have applicability to all employees. Electronic messages, links and attachments that are appropriate to post to this distribution list include system-wide instructional and curricular issues, human resources matters (i.e., employment postings from the employment department that are posted on behalf of all locations, compensation and benefits), mandatory employee training, Governing Board meeting dates and agendas, safety alerts, legal or statutory compliance, internal policies and regulations, functional operations (i.e., system outages, virus alerts) and Chancellor communications to the employee community.
3. Messages that are otherwise related to general announcements for college or district sponsored events and activities or other student-organized events should be posted to the DL-MARICOPA-ANNOUNCEMENTSdistribution list. Examples include: course offerings, temporary work assignments, theater productions and college newsletters.
4. A sponsorship includes activity where an employee is acting or serving as an agent on behalf of the MCCCD and within the course and scope of his her employment as the organizer of the activity, or where MCCCD as an entity is actively involved in the planning and managing of the event.
5. Messages will be reviewed by authorized senders/designees according to their applicability for posting to either the DL-Maricopa-Business or DL-Maricopa-Announcements list.
6. Messages that serve the purpose of announcing a college activity or event shall contain the following: College location, name of department, division, department or employee organization sponsoring the activity, point of contact.
7. Messages on behalf of external organizations that have requested that an event or activity be announced require review by the appropriate college or district designee to establish the institutional linkage. For organizations that are located on site at a college or affiliated as a formal partner, the partnership or affiliation should be noted within the message (either as a footnote or within the text of the message). An example would be an agency where a college or district has a formal partnership but is not considered to be a sponsor of the activity or a service learning project. Examples of this are the Boomerz program at SCC and the Girls for a Change program at GWC.
8. Messages of a commercial or personal nature (i.e., personal ticket sales, general holiday style greetings, last name changes) should not be posted to either distribution. Likewise, courses or workshops for an external institution where an employee serves as the instructor and will be paid for teaching the course are also prohibited. With respect to name changes, parties may send notice on a limited basis to those individuals that they work directly with.
9. Targeted Messages – in all instances, employees are first encouraged to identify the target audience for the information being shared. Some messages may be appropriate to send to limited distribution lists – such as notices for conferences or professional growth opportunities. In these cases, the Maricopa Directory can be used to identify established distribution lists according to department or discipline.
10. Often in determining the applicability of posting a message to a broad audience, or whether or not the item is considered “Maricopa Business,” the “photo copy” test is used. Is this an activity that we would use monetary funds to photo copy and distribute via inter-campus mail? If not, the message should not be distributed electronically.
11. Parties seeking to have a message posted should submit the item to the appropriate college designee as early as two weeks prior to either the event, but otherwise in a reasonable time prior to the event to facilitate an adequate review of their proposed content.
12. Frequency – Any individual message should be sent a minimal numbers of times to both have a reasonable opportunity to achieve a desired aim, but not so frequent as to become an annoyance. While no specific limit is in place, senders may consider twice as a reasonable limit.
13. Images and Links – Images and links that are contained in messages are limited to acceptable use standards that are outlined in the Technology Resource Standards Administrative Regulation. Likewise style and documentation guidelines shall be utilized when incorporating images and links within an outgoing message. While no formal directives exist regarding message format, size or style, the limit imposed by the MEMO system for maximum message size is 800KB. Also, any imbedded links should be relevant to the approved content, or education related, or district/college sponsored or district/college affiliated web sites or material. Links that are presented for reference purposes should be evaluated as to whether the source follows internet research guidelines. Guidelines for evaluating whether a link may be transmitted include but are not limited to: accuracy & legitimacy (is the source considered scholarship or propaganda), currency, neutrality, verifiability, presentation of alternate views, descriptions of the limitations of the data or research.
14. In all instances, messages should adhere to the guidelines established in the Electronic Communications and Technology Resource Standards administrative regulations that are featured in the Blue Book and online at https://district.maricopa.edu/regulations/admin-regs.
15. The standards apply regardless if the posting to a distribution list is initiated from a computer located on or off campus. Likewise, combining individual distribution lists to all employee groups (i.e., DL-MAT, DL-PSA, DL-FEC, etc.) for the purpose of submitting messages to all email users, or circumventing the DL-MARICOPA-BUSINESS or DL-MARICOPA-ANNOUNCEMENTS lists is considered to be an action that is subject to these standards.
16. Matters that relate to concerns about the organization itself should be vetted through appropriate channels which include employee group leadership, the employee ombudsperson, College Presidents, Vice Chancellors, the Chancellor and the Governing Board as necessary.
17. The practices outlined within these standards are meant to address the protocol for posting messages district-wide to all locations and all employees. Employee and constituency groups are encouraged to develop their own standards that direct the appropriate posting of messages to their self-maintained distribution lists.
18. Enforcement – Consistent with the Electronic Communications administrative regulation, supervisors, college presidents or their designees should take necessary steps to ensure that employees under their supervision have notice of, and will comply with the regulations and any protocols of the MCCCD electronic communications network, as issued by the associate Vice Chancellor of Information Technology, college president or designee. Issues related to enforcement of policy will be addressed in accordance with established processes in job group policy manuals.
19. Questions related to the Standards or guidance in evaluating a message prior to posting, may be directed to administrative.regulations@info.maricopa.edu at the District Office.

Agreement to Serve Alcohol Part I  The form is available on the Legal Contract & Agreement Resources web page.  Please note an Employee MEID is needed to enter a secure web site.

Agreement to Serve Alcohol Part II  The form is available on the Legal Contract & Agreement Resources web page.  Please note an Employee MEID is needed to enter a secure web site.

The Maricopa Community Colleges are committed to the continuous improvement of its employees through training, tuition waivers and reimbursement as well as professional growth. Maricopa also supports a productive friendly work environment for employees. Since Maricopa has been updating computer usage policies, it is important to help clearly define and identify some acceptable, though incidental, uses of Maricopa technology in relation to these goals.

These guidelines have been written to specifically address two different but broad employee incidental usage scenarios. The first is the employee usage, outside their normal hours of accountability, of Maricopa technology resources to improve their educational experiences. The second is the practice of having inconsequential personal information, such as pictures or music on their local computer to promote a productive friendly work environment.

In relation to expanding one’s educational experience, whether the employee is working on professional growth activities or homework for an educational program, using Maricopa technology in support of these efforts has an inconsequential impact on Maricopa’s technical infrastructure. This type of usage, outside one’s hours of accountability, is considered acceptable incidental computer usage of Maricopa’s technology resources.

Another illustration of incidental computer usage is the placement of personal pictures or music, owned by the employee, on their local computer. In a normal work environment having a picture of ones family as a background image or screen saver or privately listening to music has no impact on Maricopa technical resources but helps promote a positive work environment.

The following are examples of incidental computer usage. These examples do not supersede any expanded local college guidelines that might prohibit such use:

1. Employees that are working on a course for their bachelor’s degree stay after work to use their computer to do research for their course. They search the internet, local library resources, and other online resources to gather material for their research paper. They use their local computer word processing program to write and prepare their paper. When completed, the employees save their work on portable media (thumb drive, floppy, etc.) and take it home for printing and/or review.
2. An employee places pictures of their family and uses one as their desktop background picture and saves the rest into a pictures folder used by the operating system screen saver program.
   
   1. At no time would the employee download any special screen saver application software and install it on their local computer.
3. An employee plays personally owned music stored on a mobile device (example: CD, Thumb Drive, etc.) on their local computer at work. An employee shall not copy personally owned music to server disk space and will comply with applicable copyright law. It is important to note that while playing personally owned music is listed as an example of incidental computer usage, this activity is subject to the appropriateness of the work environment as well as a supervisor’s discretion.

Note: In all cases, local college and Maricopa policies and regulations supersede these guidelines.

The Maricopa Community Colleges are committed to the continuous improvement of its employees through training, tuition waivers and reimbursement as well as professional growth. Maricopa also supports a productive friendly work environment for employees. Since Maricopa has been updating telephone usage policies, it is important to help clearly define and identify some acceptable, though incidental, uses of Maricopa technology in relation to these goals.

Incidental telephone usage refers to those calls which are unrelated to the conduct of official Maricopa business, but are authorized if they:

1. Do not adversely affect the performance of the duties of the employee or the employee’s department; and
2. Are not for commercial purposes, for-profit activities unrelated to Maricopa, or in support of other outside employment or business activity (e.g. consulting for pay, sales or administration of business transactions, sales or supply of goods or services).
3. Are of a reasonable duration and frequency; and
4. Could not reasonably have been made at another time; and
5. Do not result in additional charges to Maricopa (e.g. long distance, toll calls, 900#). Note that employees who are participating in the accountable plan may utilize a cell phone for incidental use, but must reimburse the district for those charges.

The following are examples of incidental telephone usage. These examples do not supersede any expanded local college guidelines that might prohibit such use:

1. Calls to notify family members and/or physician in case of an emergency.
2. Calls to notify family members of work schedule changes, delays or changes in travel plans.
3. Brief local calls to an employee’s residence, family member, child’s school, child care provider, or elder-care provider.
4. Brief calls to local businesses (including government agencies, physicians or auto and home repair) that can only be reached during normal work hours.

Note: In all cases, local college and Maricopa policies and regulations supersede these guidelines.

Naming Rights Form 

Social media web sites or on-line communities, such as Twitter, Facebook, and Flickr are being used increasingly by students to communicate with each other, and by MCCCD to post events and content to reach students.

As part of MCCCD’s commitment to building a community in which all persons can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation when using MCCCD technology resources to access on-line social media, MCCCD community members (academic and staff employees, students and community members) are expected to act with honesty, integrity, and respect for the rights, privileges, privacy, sensibilities, and property of others. By doing so, individuals will be abiding by applicable laws, including copyright law, and MCCCD policy.

The following information was developed to provide you with some guidance as to what type of behavior is appropriate relative to online social media. These guidelines are not all inclusive.

Employee Best Practices

The web is not anonymous. Everything written or posted on behalf of MCCCD can be traced back to the institution and to a specific individual. Before launching a social media site:

• Notify your supervisor or division/department chair
• Vow to keep MCCCD contact information accurate and current
• Understand that passwords and administrator access to the site must be carefully managed
• Establish criteria for replying to comments, including timeliness and appropriateness
• Avoid duplicating efforts. Be aware of current initiatives under way in MCCCD and its member locations
• Provide a link back to the department or institution’s web site
• The social media site should look like the institution’s web site with appropriate branding and sanctioned graphics
• Use an official maricopa.edu email address for communication
• Any identifiable individuals in posted photos must sign an approved MCCCD release form. Release forms are the responsibility of the posting department or individual and should be kept on file

Both in professional and institutional roles, employees need to follow the same behavioral standards online as they would in real life. The same laws, professional expectations, and guidelines for interacting with students, parents, alumni, donors, media, and other MCCCD constituents apply online as in the real world. If you have any questions about whether it is appropriate to write about certain kinds of material in your role as an MCCCD employee, ask your supervisor before you post.

Student Best Practices

Educating and protecting MCCCD students is a primary concern, so please keep in mind the following guidelines as you participate on social media web sites:

• Before participating in any online community, understand that anything posted online is available to anyone in the world.
• Do not post your home address, local address, phone number(s), birth date or other personal information (e.g., class schedule, social plans).
• Do not post any information that would violate student codes of conduct and/or state or federal laws.
• Do not post any information, photos or other items online that could embarrass you, your family, or your school. This includes, but is not limited to information, photos, quotes and other items that may be tagged to you from another user.
• Do not add a "friend" unless it is actually someone you know.

Basic Privacy Guidelines

The options for communicating and interacting online are continuously advancing and changing at a fast pace. It is within each individual member's best interest to be aware of issues related to privacy online.

1. Be familiar with privacy options on social networking sites, e-mail, blogs, etc. Set appropriate privacy guards for your personal comfort level.
2. Be aware that no privacy option protects you 100 percent from personal information being shared beyond desired boundaries. Information shared online, even with the highest privacy settings (including e-mails intended for a specific individual or individuals), cannot be protected.
3. Be aware that information posted online may be perceived differently depending on the viewer despite intended effect or outcome.

General Use

Below are some common sense approaches to general use of social media sites:

• Tell the truth.
• Write deliberately and accurately.
• Acknowledge and correct mistakes promptly.
• Disagree with other opinions respectfully.
• Disclose conflicts of interest.
• Keep private issues and topics private.

Incidents reported to MCCCD officials that may violate MCCCD policy are subject to review and investigation.

The various Maricopa Community College locations and the District Office are often approached by entities seeking to “partner” with the institution in order to either utilize our facilities or email messaging system for their events and promotional efforts. Oftentimes, such requests come with offers for some sort of exchange (i.e., share in proceeds for the sale of goods; discounts, tickets to events, scholarship donations, etc.) if the college or District targets employees and or students with messaging.

These Guidelines serve as interpretations of already existing MCCCD Administrative Regulations such as Technology Resource Standards, Electronic Communications, Use of College Facilities, and Use of College Grounds and are meant to help assist college designees in performing a due diligence review of offers to “partner and promote.” Utilizing college resources to promote or announce outside events requires exercising great discernment. In all instances, the Maricopa Business purpose must be clearly evident and the decision to engage must be in the best interests of the stakeholders of the MCCCD and not present even the appearance of a conflict of interest. Events must be strictly sponsored or co-sponsored by an MCCCD College or the District. Likewise, these arrangements should be clearly part of our organizational mission and values.

The term “sponsor” relates to activities that are organized by employees who are acting in an official capacity as agents on behalf of the MCCCD and that have been approved through appropriate District/College administrative channels. The task should also fall within the scope of such individuals’ employment duties and responsibilities. Sponsoring involves MCCCD as the entity that is inherently involved as the primary organizer and resource provider. The term “co-sponsor” means any non-commercial activity of an educational or community nature in which MCCCD is an announced and publicized co-sponsor with another organization or organizations, must include MCCCD personnel who actively participate in the planning and managing of the activity, and the co-sponsorship must be approved at the vice president level or above.

By contrast, hosting is prohibited. The term “hosting” means a circumstance in which an outside [for-profit] entity asks MCCCD to provide facilities and other resources for an event the entity wishes to sponsor that meets all three of the following criteria:

1. the fee that the outside entity will charge attendees for the event is significant;
2. the targeted audience for the event is generally commercial; and
3. the outside party requests that MCCCD facilities and, if applicable, services (such as marketing or email notices to MCCCD employees about the event) be supplied at no cost to that entity in exchange for waivers of registration fees for a certain number of MCCCD employees to attend the event.

In addition, the following standards are designed to provide guidance on determining what types of opportunities are appropriate to post using the district wide distribution lists: dl-maricopa-announcements or dl-maricopa-business:

1. All fundraising messages proposed to be sent using Maricopa’s email system (MEMO, Gmail, other college-based email system) must be approved by College/District administration;
2. The event must be sponsored or co-sponsored (as defined above) by the MCCCD (a College or District);
3. Organizers who have a personal or special interest in the event should be aware of perceived conflict of interest issues and make sure that their participation is solely as an MCCCD employee and not to promote their personal self interest (i.e., consultant, solicitor, advisory committee or board member for a commercial vendor, etc.);
4. Partnerships with the Maricopa Foundation should meet the Foundations’ standards AND have the College Administration’s approval;
5. Benefit fundraisers should be structured and promoted in a manner that serves to focus the interests of the MCCCD (vision, mission, values). Scholarship fundraisers should be structured in a manner where the majority of the proceeds collected actually go toward student scholarships vs. for administrative costs;
6. Appropriate cash handling procedures must be adhered to. See:  https://district.maricopa.edu/regulations/admin-regs/section-1/1-17
7. The focus of email messages should be in line with the interests of the MCCCD and not on promoting third-party interests, commercial or for profit products or services;
8. Events with ticket sales or groups selling commercial products are directed to work with the Employee Store for review of the activity against ESM vendor standards and direct distribution of the message;
9. Raffles, games of chance, or gambling in any form are prohibited—this means that no College/District resources (including staff time, equipment, work space, telephone, computers, etc.) can be used to conduct a raffle or other gambling activity; employees may participate in such endeavors on personal time and with personal resources;
10. Email messages may not be used to support partisan political candidates, party fundraising, or causes [under ARS §15-1408, a community college district may not "use its personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections."]
11. Each message should contain the contact information of the sponsoring agency/department

Use of College Grounds (portions of this regulation are incorporated here for reference purposes)

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

Non-MCCCD-Affiliated User: Any non-MCCCD-affiliated entity that would, on the premises of any Maricopa Community College or Center, purport to sell or promote any product, service, or idea, but does not include such an entity that would enter the premises for the purposes of promoting, opposing, or soliciting petition signatures in connection with any political candidate or initiative, or referendum ballot.

Low-Impact, Non-Commercial Activity: Defined as 1) activities that do not seek to sell or promote a product or service for direct or indirect financial gain; 2) activities that are limited to gatherings of five people or less at any given time; and 3) activities that do not involve machinery, temporary structures, tables, chairs, displays, or electronic equipment, including amplifiers, or the distribution of food products.

This does not include such an entity that would enter the premises for the purposes of promoting, opposing, or soliciting petition signatures in connection with any political candidate or initiative, or referendum ballot. (See Petition Signature Solicitation, AR 2.4.8).

Use of the MCCCD email system to promote special events as defined by this regulation is permissible. However, solicitors requesting access to a Maricopa Community College or Center for their own purposes should not be promoted via the MCCCD email system.

Use of College Facilities (portions of the regulation are incorporated here for reference purposes)

Use of MCCCD facilities is the use of a public resource. Therefore, facilities use by non-MCCCD parties or MCCCD employees or Governing Board members for personal, business or non-MCCCD activities must be consistent with state law and Maricopa Governance policies and regulations. The following principles apply to facilities use:

1. MCCCD is not obligated to permit facilities use for any activity that the Vice Chancellor of Business Services, College President, or that official's designee determines is contrary to public policy or the safety of persons or property, or is not in the best interest of the community or MCCCD.
2. MCCCD employees, Governing Board members, or their relatives or associates may not use MCCCD facilities for personal or business purposes, or for non-MCCCD activities, without complying with the standards and procedures specified in this administrative regulation applicable to non-MCCCD parties. That includes compliance with the requirements for insurance coverage and the payment of rent. MCCCD-sponsored programs for employees, such as health and fitness programs, are considered MCCCD activities under this regulation. At the discretion of the Vice Chancellor of Business Services, College President or that official's designee, an MCCCD employee or Governing Board member may use facilities for an event without complying with the rent or insurance requirements of this regulation where the event meets the following limited conditions:
   
   1. The employee or Governing Board member actively participates in the event and is responsible for managing it; and
   2. The event is for a professional organization in which the employee or Governing Board member actively participates, and whose objectives directly relate to the employee's work at MCCCD or to the Governing Board member's MCCCD responsibilities.

      The Vice Chancellor of Business Services or College President may establish guidelines for the use of MCCCD facilities under this professional organization exception, including any reasonable reimbursement of expenses as appropriate.

3. Before using MCCCD facilities, non-MCCCD parties must submit certificates of insurance to MCCCD covering that use. Arizona law requires that insurance coverage be provided.
4. Non-MCCCD parties, including non-profit agencies or other public entities, must pay fair market rent unless the use relates directly to MCCCD's stated mission. Reduced rent, or no charge, is appropriate only as specified in this regulation.
5. MCCCD will not enter into a license or lease agreement, as defined in this regulation, where facilities use is strictly for personal or business purposes, or does not have some relationship to MCCCD's mission of education and training.
6. MCCCD classes, programs and activities for students have priority over all other activities, and other MCCCD activities have priority over non-MCCCD activities.
7. MCCCD has the right to approve any advertising concerning a non-MCCCD party's use of MCCCD facilities.
8. A non-MCCCD party must obtain specific authorization from the Vice Chancellor of Business Services, College President or that official's designee to operate any concession activity at MCCCD facilities.
9. A non-MCCCD party may not alter an MCCCD facility without the prior written approval of the Vice Chancellor of Business Services, a College President, or that official's designee.
10. Hosting is prohibited under the Use of College Facilities regulation.

Community Service Projects

Community service projects may be promoted using MCCCD’s email system as long as the events have been approved by College or District administration. Such projects should either be tied to a course or meet the definition of co-sponsorship as set forth in Use of College Facilities (AR 1.15). Promotion of charities or charitable events requesting donations, or service in lieu of donations, must also be approved by College or District administration.

Use of Logos/Marks (portions of the regulation are incorporated here for reference purposes)

The Maricopa County Community College District owns and controls its name and the names of its colleges as well as names that have become associated with them such as the “Maricopa Community Colleges,” and all logos, insignia, mascot designs, and other marks that the District or its colleges use (collectively called “Marks”). The District has registered many of these with the United States Patent and Trademark Office. See https://district.maricopa.edu/regulations/admin-regs/section-4/4-19 for specific criteria and restrictions, as outlined in the Use of Marks administrative regulation (AR 4.19). The purpose of our licensing regulation is to protect the integrity of the District’s Marks and to enhance the positive image of the District and its colleges through approval of the use of the Mark by licensees who adhere to District standards. This regulation provides guidance on permissible use, as well as restrictions on the use, of the Marks. It also designates responsibility for granting permission through written license agreements. An outside party’s use of the Marks without a license as required under this regulation is prohibited and may constitute trademark infringement, trademark dilution and unfair competition in violation of federal and state laws.

Use of MCCCD Marks in email advertising must meet the standards set forth in AR 4.19 and be approved by College or District administration. Third-party partners should never use MCCCD Marks without approval.

Raffles

Raffles are prohibited as Arizona law prohibits all gambling unless the gambling falls within an express statutory exception. "Gambling" includes any act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event, (see: ARS § 13-3301). A raffle involves the payment of money for the opportunity to benefit from a future contingent event and therefore is considered illegal unless the raffle satisfies a narrowly defined statutory exception.

Unless a tax-exempt organization as recognized under ARS §43-1201, paragraphs 1, 2, 4, 5 ,6, 7, 10, or 11, a raffle or any other form of amusement gambling may not be conducted unless the event is registered with and approved by the Arizona Attorney General's Office, 1275 West Washington Street, Phoenix, AZ 85007, 602.542.3881. To register, you must complete a written Amusement Gambling and Raffle Registration Form for approval by the Attorney General's Office. (ARS §13-3311) If you are a tax-exempt organization as recognized under ARS §42-1201, paragraphs 1, 2, 4, 5, 6, 7, 10, or 11, then you do not need to register with the Arizona Attorney General's Office but you still have to meet the conditions of ARS §13-3302, B.

For More Information

Please review the following administrative regulations that provide primary guidance, as well as information posted at the Conflict of Interest and District Marketing websites:

Technology Resource Standards

https://district.maricopa.edu/regulations/admin-regs/section-4/4-4

Electronic Communications

https://district.maricopa.edu/regulations/admin-regs/section-4/4-3

Use of Facilities

https://district.maricopa.edu/regulations/admin-regs/section-1/1-5

Use of College Grounds

https://district.maricopa.edu/regulations/admin-regs/section-2/2-4

Use of MCCCD Marks

https://district.maricopa.edu/regulations/admin-regs/section-4/4-19

Conflict of Interest

Conflict of Interest (An Employee MEID is needed to enter secure site.)

Marketing Standards

MCCCD’s marketing standards can be found at chancellor.maricopa.edu/marketing-communications/downloads/maricopa-logos. These standards should be adhered to in all promotional activity. Specific marketing questions may be directed to College or District Marketing departments. Questions regarding the use of MCCCD’s email system should be referred to the Manager of the Office of Public Stewardship at (480) 731-8880.

Request for Access to Electronic Records 

AS-14 Standing Information Security and Privacy Incident Response Team Members

Please note an Employee MEID is needed to enter secure web site. 

AS-15 Information Technology Directives

Please note an Employee MEID is needed to enter secure web site. 

Please note the Information Technology Directives and Standards are under the custodianship of the Information Technology division. Language is subject to change. Please refer to the Information Technology Directives webpage (link found above) for the most current information.

ND-1 Employee Complaint Process

ND-2 Discrimination Complaint Procedures for Students 

Non-Discrimination Statements

The Maricopa County Community College District (MCCCD) is an EEO/AA institution and an equal opportunity employer of protected veterans and individuals with disabilities. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, age, or national origin. A lack of English language skills will not be a barrier to admission and participation in the career and technical education programs of the District.

The Maricopa County Community College District does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs or activities.  For Title IX/504 concerns, call the following number to reach the appointed coordinator:  (480) 731-8499.  For additional information, as well as a listing of all coordinators within the Maricopa College system, visit http://www.maricopa.edu/non-discrimination.

El distrito de Los Colegios Comunitarios de Maricopa (cuyas siglas en inglés son MCCCD) es una institución EEO/AA y un empleador con igualdad de oportunidades para veteranos protegidos y personas con discapacidades.  Todos los solicitantes calificados recibirán consideración para empleo sin considerar raza, color, religión, sexo, orientación sexual, identidad de género, u origen nacional.  La falta de destrezas del idioma inglés no es un impedimento para admisión y participación en programas de educación Técnica del distrito.

El distrito de Los Colegios Comunitarios de Maricopa no discriminan con base a raza, color, origen nacional, sexo, discapacidad o edad en sus programas o actividades.  Sí tiene preguntas sobre título IX/504, llama al siguiente número para comunicarse con el coordinador designado:  (480) 731-8499.  Para obtener información adicional, así como una lista de todos los coordinadores dentro del sistema de Colegios Comunitarios de Maricopa, visite:  http://www.maricopa.edu/non-discrimination.

Religious Accommodation Procedure

1. The Maricopa County Community College District will reasonably accommodate the religious needs, observances, and practices of their employees and students, when requested and when said requests are made in accordance with these procedures.  An individual’s request for reasonable religious accommodations, including requests for time off from work or school activities, is justified unless college, class, or District operations would suffer unduly by granting the individual’s request.  Requests should be made in writing using the Religious Accommodation Request form.
2. Individuals may not be discriminated against because of their religious beliefs or practices, or because they lack religious beliefs or practices.
   
   1. Faculty and staff who believe they have been discriminated against by the denial of a requested religious accommodation should contact the Equal Employment Opportunity / Affirmative Action Office at 480-731-8473.
   2. Students who believe they have been discriminated against by the denial of a requested religious accommodation should contact the Dean of Students, or designee at their respective college.
3. DEFINITIONS:
   
   1. Religion or Creed: includes traditional, organized religions but also religious beliefs, including those that are new, uncommon, not part of a formal church or sect. All aspects of religious belief and observance that are sincerely held will be considered as part of this policy.
      
      1. Religious Practice or Belief: A sincerely held practice or observance that includes moral or ethical beliefs as to what is right and wrong, most commonly in the context of the cause, nature and purpose of the universe. Religion includes not only traditional, organized religions, but also religious beliefs that are new, uncommon, not part of a formal religious institution or sect, or only subscribed to by a small number of people. Social, political, or economic philosophies, as well as mere personal preferences, are not considered to be religious beliefs.
   2. Religious Accommodation: A reasonable change in the work or academic environment that enables a student or employee to practice or otherwise observe a sincerely held religious practice or belief without undue hardship on the college or District.
      
      1. A reasonable religious accommodation may include, but is not limited to:
         
         1. Time for prayer during a work day,
         2. The ability to attend religious events or observe a religious holiday, or
         3. Any necessary modification to college or District policy, procedure or other requirement for a student’s or employee’s (or prospective employee’s) religious beliefs, observance or practice, provided such accommodation is reasonable and does not cause undue hardship.
   3. Undue Hardship: Significant difficulty or expense and related circumstances in relationship to the cost or difficulty of providing a specific accommodation.
      
      1. Undue hardship may refer to financial difficulty in providing an accommodation or accommodations that are unduly expensive, substantial, disruptive, or that would fundamentally alter academic requirements, the nature or operation of the college or district’s business, or the essential functions of a job. Accommodations which interfere with the safe and efficient operation of the workplace or campus will often present an undue hardship.
4. PROCEDURES FOR SEEKING RELIGIOUS ACCOMMODATION:
   
   1. Students:
      
      1. All students may request a religious accommodation by making a written request for an accommodation to the appropriate faculty member. To the extent possible, requests must be made at least two (2) weeks before the requested absence from class due to religious holiday or day of observance. [Students and employees are encouraged to review the calendar for all holidays/holy days at the beginning of the calendar year (for employees) and semester (for students) and to make accommodation requests as early as possible.]
      2. Faculty members will, upon receiving the request for a religious accommodation, submit the request to the Dean or Academic Chair of his/her department.
      3. In cooperation with the Dean of Students, or designee, the accommodation request will be reviewed and the student’s request responded to within a reasonable time.
         
         1. A reasonable time period should take into consideration the timeliness of the request as well as the imminent nature of the request.
      4. Additional information may be necessary, in support of the requested accommodation. In these cases, the additional information should not be overly burdensome and shall not be information more detailed than would be requested for other accommodations (not related to religion).
      5. In situations where an accommodation is not granted, the District Compliance Office must review the reasons for the denial within 72 hours (3 business days) after the denial.
   2. Employees:
      
      1. All employees may request a religious accommodation by making a written request for an accommodation to their supervisor(s). Employees will be required to complete a Formal Accommodation Request form and may be required to provide other documentation or information supporting the request. (See Religious Accommodation Request form). Employees who anticipate being absent from work because of a religious observance must submit their request for time off in advance and as soon as they become aware of the need or at least ten (10) business days in advance. Failure to do so, when reasonably unavoidable, will not prevent the granting of the absences.
      2. Supervisors receiving the accommodation request will meet with college (and/or District Human Resources) to seek guidance as to the granting of the accommodation.
         
         1. Additional information may be necessary, in support of the requested accommodation. In these cases, the additional information should not be overly burdensome and shall not be information more detailed that would be requested for other accommodations (not related to religion).
         2. In situations where an accommodation is not granted, the District Compliance Office must review the reasons for the denial within 72 hours (3 business days) after the denial.
   3. Accommodation request determinations will be made on a case‐by‐case basis taking into account factors, including but not limited to: the fundamental requirements of the applicable academic program and/or related technical standards, essential functions of an individual’s job, the duties of others in the department or job group, the requirements of the department or major, any impact of the accommodation, the duration of the accommodation request, and the availability of alternative accommodations.
   4. The college or District will endeavor to protect the requesting student or employee’s privacy in evaluating and implementing the accommodation requested to the extent possible.  However, following receipt of the request, the college or District official or administrator, supervisor(s) or designee(s) will discuss the accommodation request as necessary with the student or employee, and with select others in order to further evaluate and/or implement the accommodation.
   5. Approvals should be provided in writing to the requesting student or employee by filling out the “disposition” section of the Religious Accommodation Request form.
   6. Employees with questions about this policy and/or its application may contact Equal Employment Opportunity / Affirmative Action Director, Deric Hall at 480-731-8473 or by e‐mail at: deric.hall@domail.maricopa.edu.
   7. Students with questions about this policy and/or its application may contact the Vice-President of Student Affairs at their respective college.
5. ADDITIONAL INFORMATION:
   
   1. Absences-Student Notice: Students who anticipate being absent from classes because of a religious observance must provide faculty or appropriate designee with advance notice of their absence in accordance with the common pages. Students involved in an internship or clinical placement program must also provide advance notice to their internship or clinical placement supervisor prior to any absence.
      
      1. Students should understand that if an accommodation is granted, missing time from an internship or clinical placement may require the student to make up work or repeat the internship or clinical placement at a later time.
      2. Make up/Extension: If examinations or assignment deadlines are scheduled on the day(s) of a religious observance, any student who provided advance notice of absence will have the opportunity to make up the examination or extend the assignment deadline and will not be penalized for the absence.
      3. Being absent from class or other educational responsibilities does not excuse students from keeping up with any information shared or expectations set during the   missed class(es). Students are responsible for obtaining the materials and information provided during any class(es) missed.
6. ABSENCES–EMPLOYEES (INCLUDING FACULTY AND STAFF): The college or District will make reasonable efforts to accommodate an employee’s requests for absences to the extent possible by allowing flexible arrival and departure times, floating or optional holidays, flexible work breaks, or considering schedule substitutions with colleagues of substantially similar qualifications which may need to be arranged by or with the assistance of the requesting employee. Employees may request time off from work to observe religious holidays that are not designated college holidays.  Such requests will be granted unless it would result in an undue hardship to the department or MCCCD.  Employees taking a non-designated religious day off must charge time off to personal time, accrued vacation time, or take time without pay.
   
   1. Please be aware that the college or District is not required to accept a requested preferred accommodation if there is more than one alternative that eliminates the religious conflict.
7. RELIGIOUS ATTIRE, DRESS, GROOMING AND OTHER REQUIREMENTS: Upon request, the college or District will make reasonable efforts to accommodate student and employee attire that is related to their sincerely held religious beliefs and which conflict with any college or district requirement. religious attire is not cultural or traditional dress; it is a requirement of religious observance. religious attire may include, but it is not limited to: hairstyle or beard: Sikh hair and beard, Rastafarian dreadlocks, Jewish payot; yarmulkes, turbans, headscarves (hijab), Rastafari headdress; crucifixes, Star Of David or other items of ceremonial dress.
8. QUIET SPACES AND PRAYER, UPON REQUEST: The college or District will evaluate and where reasonable and available, provide access to quiet, private spaces for meditation, study and/or prayer consistent with the requirements of this policy.
9. ATHLETIC-RELATED RELIGIOUS ACCOMMODATIONS: Upon request, the college or District will make reasonable efforts to accommodate students participating in intercollegiate athletics. The process outlined in this procedure must be followed, with the accommodation request form being delivered to the Head Coach for the intercollegiate sport as well as the Athletic Director.
10. RETALIATION PROHIBITED: The college or District prohibits retaliation against students and employees requesting a religious accommodation, participating in an approved accommodation or otherwise engaging in protected conduct under this policy. Any person who violates this anti‐retaliation provision may be subject to disciplinary and/or corrective action.
11. RECORDKEEPING REQUIREMENT:
    
    1. Employee religious accommodation requests shall be maintained in the Equal Employment Opportunity / Affirmative Action Office and shall adhere to the applicable records retention schedule, as outlined by the Office of Public Stewardship.
    2. Student religious accommodation requests shall be maintained in the Dean of Student’s office and shall adhere to the applicable records retention schedule, as outlined by the Office of Public Stewardship.

The Religious Accommodation Request form is located at:  RELIGIOUS ACCOMMODATION REQUEST FORM

The Maricopa County Community College District (MCCCD) is committed to providing reasonable accommodations to its employees and applicants for employment to ensure that individuals with disabilities enjoy equal access to all employment opportunities.  Section 501 of the Rehabilitation Act of 1973 requires federal agencies to provide reasonable accommodation for qualified employees or applicants with disabilities, unless to do so would cause undue hardship.  These Procedures, fully comply with the Rehabilitation Act of 1973, Executive Order 13164 (requiring federal agencies to establish procedures to facilitate the provision of reasonable accommodation), and MCCCD regulations and 29 C.F.R. § 1614.203(d)(3) (clarifying the written procedure requirement). 

I. DEFINITIONS OF KEY TERMS

II. ROLES AND RESPONSIBILITIES

III. REASONABLE ACCOMMODATION PROCEDURES

IV. DISTRIBUTION OF THESE PROCEDURES

V. REASONABLE ACCOMMODATION RESOURCES

I. DEFINITIONS OF KEY TERMS

Disability:  To be eligible for a reasonable accommodation, an individual must either have a physical or mental impairment that substantially limits a major life activity, or must have a record (a history) of a physical or mental impairment that substantially limited a major life activity.  An individual who is only regarded as having a disability is not entitled to reasonable accommodation.  Determination of disability will comply with the requirements of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) which requires a broad interpretation of the term and generally does not require an extensive analysis.

Essential Functions:  Essential functions are those job duties that are fundamental to the position that the individual holds or desires.  The term "essential functions" does not include marginal functions of the position.  "Marginal functions" are those job duties that are less important or critical to the success or failure of the specific position.  A function can be "essential" if, among other things: the position exists to perform the function; a limited number of other employees are available to perform the function; or the function is highly specialized and the individual is hired based on having those specialized skills.  Evidence of whether a particular function is essential includes:

• MCCCD’s judgment (generally a supervisor's, manager's and/or office director's judgment)
• a written position description developed before a job is advertised
• the amount of time spent performing the function
• the consequences of not requiring the person in the position to perform the function
• the terms of a policy and/or agreement
• the work experience of past incumbents in the job or current incumbents in similar jobs.

Determination of whether a particular function is essential must be done on a case-by-case basis because the duties of a specific job may deviate from what is indicated in a position description or from the duties of employees holding a similar job.

Extenuating Circumstances:  Factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation or limited situations in which unforeseen or unavoidable events prevent prompt processing and delivery of an accommodation. (e.g., identified software such as a Screen Reader is not compatible with existing equipment).

Health Care or Rehabilitation Professional:  A person who has completed a course of study and is licensed to practice in a field of health care, which includes the diagnosis and assessment of the particular disability or disabilities in question.

Interactive Process:  The interactive process refers to an information-gathering approach used by an employer with the employee to evaluate a request for accommodation.  It is intended to be a flexible approach that centers on the communication between an employer and the individual requesting reasonable accommodation, but may (and often does) involve obtaining relevant information from a supervisor and an individual's health care provider.  This process begins upon receipt of an oral or written request for reasonable accommodation.  Any request will be transmitted to the Disability Coordinator (“DC”) at the college or site.  The DC is the person who will decide whether to grant or deny a reasonable accommodation. The DC will engage in the interactive process with the requestor and other relevant individuals (e.g., a supervisor, a requestor's health care provider) to collect whatever information is necessary to make an informed decision about whether the requestor is covered as an individual with a disability; and, if so, whether the requestor qualifies for an accommodation(s). If the employee is qualified to receive a reasonable accommodation, the DC will determine what reasonable accommodation(s) will effectively eliminate the barrier identified by the requestor and permit an equal opportunity to apply for a job, to perform a job, or to gain access to the workplace, or to enjoy access to the benefits and privileges of employment. Reasonable accommodations are intended to support an eligible employee in performing the essential functions of their position and not supplant such essential functions.

Interim Accommodation:  Any temporary or short-term measure put in place until a granted accommodation is available.

Invisible/Hidden Impairments:  Disabilities or conditions that are not obviously apparent or visible, such as asthma, arthritis, chronic fatigue syndrome, epilepsy, kidney disease, diabetes, cancer, HIV infection, chronic depression, learning disabilities, autism spectrum disorder, and mild intellectual disability.

Major Life Activities:  Major life activities include activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Major life activities also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Mental Impairment:  Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness (major depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning disabilities.

Physical  Impairment:  Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems such as: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, immune systems, respiratory, genitourinary, hemic, circulatory and lymphatic, skin, normal cell growth, and endocrine system.

Qualified:  An individual with a disability is qualified for the position that such individual holds or desires if the individual:

(1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and

(2) can perform the essential functions of the position, with or without reasonable accommodation.

Reasonable Accommodation:  A reasonable accommodation is any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a disability.   The MCCCD provides reasonable accommodation:

• when an individual with a disability needs an accommodation to have an equal employment opportunity in the application process;
• when an employee with a disability needs an accommodation to perform the essential functions of the job held or desired, or to gain access to the workplace; and,
• when an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events).

If there are several effective and reasonable accommodations that would provide an equal employment opportunity, or if the employee or applicant with a disability prefers to provide their own accommodation, the employee's or applicant’s preference will be given first consideration. However, the ADA permits the MCCCD to choose among effective and reasonable accommodations, and it may choose one that is less expensive or easier to provide, even though it might not be the employee’s or applicant’s preferred accommodation.

Reassignment:  Reassignment is a form of reasonable accommodation. It may be provided to an employee (not an applicant) who, because of a disability, can no longer perform the essential functions of her current job, with or without reasonable accommodation.  A reassignment is made only to a vacant position that the MCCCD has authorized to be filled at the time of the accommodation request and intends to fill.  Where possible, reassignment is to an equivalent position, but if no equivalent position is available, may be to a lower level position that is as close as possible to the employee's current position.  If the employee is qualified for such a position and the District chooses to offer it as an accommodation, the employee will be reassigned to the new job and will not have to compete for it.

Undue Hardship:  Undue hardship means that an employer would incur significant difficulty or expense in providing a certain reasonable accommodation.  The Rehabilitation Act does not require the MCCCD to provide a reasonable accommodation that causes an undue hardship.  Determination of undue hardship is always made on a case-by-case basis, considering such factors as the nature and net costs of the accommodation, the overall financial resources of the MCCCD, and the impact of the accommodation on the operation of the District, including the impact on the MCCCD's ability to conduct business.  Most undue hardship assessments involve non-financial considerations, such as the timely performance of job duties and the ability to effectively serve the public. The MCCCD must consider the resources of the District as a whole, not simply the budget of a specific office, when determining whether an accommodation imposes significant cost; however, the MCCCD does not have to include any funding that is designated for a specific purpose that does not include provision of reasonable accommodation. 

II. ROLES AND RESPONSIBILITIES

Chief Human Resources Officer (CHRO) 

• Reviews requests for reconsideration;
• Issues final decisions within 15 business days from the date the request for reconsideration is received; and,
• Designates another MCCCD staff member as a substitute for the DC when the DC is unavailable for any extended length of time.

Disability Program Manager (DPM)

• Ensures District compliance as to employees with the Americans with Disabilities Act and other applicable laws;
• Coordinates and manages the reasonable accommodation program between colleges and the District Office;
• Serves as a resource for the Disability Coordinators;
• Tracks district accommodations;
• Coordinates the distribution of available funds from Districtwide and College resources to cover all costs associated with providing reasonable accommodations, including sign language interpreters, furniture, technology, and other significant purchases; and,
• Coordinates with District Facilities Planning & Development (FP&D) when reasonable accommodation includes modification(s) to existing buildings or grounds (i.e., ramps, railings, ingress/egress, sidewalks, etc).

Disability Coordinator (DC)

• Coordinates and manages the reasonable accommodation program at each college; 
• Administers the reasonable accommodation program by reviewing requests for employees and applicants for completeness; assessing requests to determine whether the individual meets the definition of an individual with a disability and needs the accommodation requested; initiating the interactive process with the requesting employee and appropriate officials; issuing timely decisions granting or denying accommodation requests; and, implementing granted accommodations; 
• Obtains and evaluates documentation supporting an accommodation request (such as medical information) when the disability and/or need for accommodation is not obvious;
• Works with the employee's supervisor to ensure that any accommodation, if appropriate, meets the individual's disability-related needs, does not entail eliminating  essential functions of the position, is feasible, and does not pose an undue hardship;
• Works with applicants with disabilities who need accommodation to apply for or be interviewed for a job; and,
• Makes the final decision on each request at the college or site with input from the DPM as needed.

Facilities Planning & Development (FP&D)

• Establishes construction guidelines for new and remodeled spaces for compliance with current applicable ADA regulations;
• Coordinates with the DPM, DC, and College Facilities Directors, as needed; and,
• Administers the District-wide ADA Capital Budget.   Capital funds are applicable to equipment purchases and facilities-related purchases when $1000, or more.     

Employee and Applicant with a Disability:

• Notifies the MCCCD of a need for accommodation;
• Cooperates in the interactive process throughout the reasonable accommodation process (failure on the part of the employee or applicant to cooperate in the interactive process may result in a denial of the reasonable accommodation request); 
• Promptly provides any requested medical information about the disability,  limitations, and need for accommodation to the DPM; and,
• Submits any requests for reconsideration on reasonable accommodation decisions within ten (10) business days to the CHRO.

Supervisor/Manager:

• Immediately forwards requests for reasonable accommodation to the DC (as soon as practicable, preferably within 2 business days);
• Clarify with the individual whether reasonable accommodation is requested if the nature of the initial communication is unclear;
• Participates in the interactive process to ensure that any accommodation meets the individuals accommodation needs and enables the individual to perform the essential functions of the position; and,
• Is familiar with these Procedures as well as other MCCCD programs and resources available to employees.

III. REASONABLE ACCOMMODATION PROCEDURES

1.  Requesting Reasonable Accommodation

   Generally, an applicant or employee must inform the MCCCD of a need for an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition.  An individual need not have a particular accommodation in mind before making a request.  An applicant or employee may request a reasonable accommodation at any time, orally or in writing.

   A request does not have to include any special words, such as "reasonable accommodation," "disability," or "Rehabilitation Act."  A request is any communication in which an individual asks or states a need for the MCCCD to provide or to change something because of a medical condition.  A person does not have to specify a particular accommodation although it is helpful if they can suggest one.  It is sufficient for the individual requesting accommodation to state that some sort of change or assistance is required.  A supervisor, manager, or the DC should ask an individual whether they are requesting a reasonable accommodation if the nature of the initial communication is unclear.

   If a manager or supervisor directly receives a reasonable accommodation request, that individual should forward the request immediately to the DC, within two (2) business days, if practicable.  While the DC will handle all requests for reasonable accommodations, supervisors, managers, and office directors often will need to be consulted about specific requests to ensure that any accommodation meets the individual's disability-related needs and enables the individual to perform the essential functions of the position. 

   A family member, health professional, or other representative may request an accommodation on behalf of an MCCCD employee or applicant.  For example, a doctor's note outlining medical restrictions for an employee may constitute a request for reasonable accommodation.

   For applicants, information about contacting the DC will be in the vacancy announcement and the letter of appointment.  Applicants may also request accommodations from any MCCCD employee connected with the application process.

   An employee should request a reasonable accommodation directly from the DC since this is the staff person who will handle the request.  An employee who prefers to submit the request to someone other than the DC may submit it to a supervisor or manager in the employee's chain of command. 

   If an applicant or employee makes a reasonable accommodation request to someone other than the DC, these individuals must forward the request to the DC immediately, but no later than two (2) business days, if practicable, after the request is made.  The reasonable accommodation process begins as soon as the oral or written request for accommodation is made.

   When an individual (or third party) makes an oral request, the DC must confirm the request in writing.  An individual does not have to place the request in writing in order for the interactive process to begin.

   An individual may request reasonable accommodation regardless of whether the individual has previously received or been denied an accommodation.  In some situations, a new request may indicate that circumstances have changed (e.g., the disability has worsened or an employee has been assigned new duties that require an additional or different reasonable accommodation).  The DC may not refuse to process a request for reasonable accommodation, and a reasonable accommodation may not be denied, based on a belief that the accommodation should have been requested earlier.

   An employee needing a reasonable accommodation on a regularly recurring basis, such as receiving the monthly staff meeting agenda ahead of time, must submit the "Confirmation" form only for the first request.  If the accommodation is needed on a known scheduled basis (e.g., a weekly staff meeting), the DC should ensure that an employee's supervisor makes the appropriate arrangements without requiring a request in advance of each occasion.  However, if the need for accommodation will happen on an unscheduled or infrequent basis (e.g., the need for help sending materials to conferences 3 or 4 times a year), the employee requesting accommodation must give appropriate advance notice each time the accommodation is needed.

   While there are some things that are not considered reasonable accommodations (e.g. removal of an essential job function or provision of personal use items such as a hearing aid that is needed on and off the job), reasonable accommodations can enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits including office common areas, parking lots, and office events.

   Common types of accommodations include:

   • modifying work schedules or supervisory methods
   • altering how or when job duties are performed
   • removing and/or substituting a marginal function
   • moving to different office space
   • providing telework beyond that provided by the applicable policy or agreement
   • making changes in workplace policies (e.g., concerning granting breaks or providing leave)
   • providing assistive technology, including information technology and communications equipment or specially designed furniture
   • providing a reader or other staff assistant to enable employees to perform their job functions, where accommodation cannot be provided by current staff (See Appendix E for information on hiring staff assistants)
   • removing an architectural barrier, including reconfiguring work spaces
   • providing accessible parking if the District provides on-site parking to all employees
   • providing materials in alternative formats (e.g., Braille, large print)
   • providing a reassignment to another job

   The MCCCD will process requests for reasonable accommodation and will provide reasonable accommodations where appropriate, in a prompt and efficient manner in accordance with the time frames set forth in the Procedures.

   Sometimes the MCCCD may be able to address an employee's disability-related needs outside the reasonable accommodation process.  It also may take steps, solely at its discretion, beyond those required by either the non-discrimination or model employer provisions of section 501 of the Rehabilitation Act of 1973. 

2.  Processing the Request

   The DC is responsible for processing requests for reasonable accommodation.  While the DC has responsibility for processing requests for reasonable accommodation, the DC should work closely with an employee's supervisor or office director, particularly for requests involving job performance.  The DC will need to consult with an employee's supervisor and the DPM and legal as applicable to gather relevant information necessary to respond to a request and to assess whether a particular accommodation will be effective.  No reasonable accommodation involving performance of the job will be provided without first informing an employee's supervisor.

3.  The Interactive Process

   Generally, after a request for accommodation has been made, the DC will begin the interactive process to determine what, if any, accommodation should be provided.  This means that the individual requesting the accommodation and the DC must communicate with each other about the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual's needs.

   Upon notification of the request, the DC will contact the applicant or employee as soon as practicable, preferably within seven (7) business days after the request is made, to begin discussing the accommodation request.  When the disability and/or the need for accommodation is not obvious, the DC may ask the individual for reasonable documentation about their disability and functional limitations.  The DC is entitled to know that the individual has a covered disability for which the individual needs a reasonable accommodation.  Such information may not be necessary if the disability is obvious (e.g., the requestor is blind or has paralysis), if the disability is already known to the MCCCD (e.g., a prior request revealed that a disability existed and there has been no change in the individual's medical condition), or if the need for the requested accommodation is clear.

   Communication is a priority throughout the entire process, but particularly where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are considering different forms of reasonable accommodation.  Both the individual making the request and the DC should work together to identify effective accommodations.  The DC should update the requestor throughout this process.  In addition, the requestor may periodically check with the DC, by phone or email (Whichever method is preferred by the DC), for information on the DC’s progress in processing the request.

   When a third party (e.g., an individual's doctor) requests accommodation on behalf of an applicant or employee, the DC should, if possible, confirm with the applicant or employee that they want a reasonable accommodation before proceeding.  Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the DC will process the third party's request if it seems appropriate (e.g., by granting immediate leave) and will consult directly with the individual needing the accommodation as soon as practicable.

   The DC may need to consult with other MCCCD personnel (e.g., an employee's supervisor, Information Technology staff, the DPM) or outside sources to obtain information necessary for making a determination about the request.  The MCCCD expects that all District personnel will give a high priority to responding quickly to a DC’s request for information or assistance. 

   A supervisor or office director who believes that an employee may no longer need a reasonable accommodation should contact the DC.  The DC will decide if there is a reason to contact the employee to discuss whether the employee has a continuing need for reasonable accommodation.

   Reassignment as a Reasonable Accommodation

   There are specific considerations in the interactive process when an employee needs, or may need, a reassignment.

   • The DC must explain to the requester that reassignment will be considered if no accommodations are available to enable the individual to perform the essential functions of their current job, or if the only effective accommodation would cause undue hardship.  The DC must also explain that reassignment means that an employee may be placed in a vacant position that is authorized to be filled and for which the individual is qualified, without having to compete for that job.
   • If the DC determines that there is no reasonable accommodation to permit an employee to perform the essential functions of the employee's current position, the DC must ask if the employee would like the DC to search for a possible reassignment.  If the employee wants the DC to check for any vacancies, the DC will work with the DPM to do so.
   • In considering whether there are positions available for reassignment for which the employee is qualified with or without reasonable accommodation, the DC will work with both the DPM and the employee requesting reassignment to identify: (1) vacant positions within the District (not just the employee's current office) that are currently advertised, (2) currently authorized vacant positions that are no longer being advertised but for which no hiring decision has yet been made, and (3) vacant positions that the College/District has authorized to fill but that District has not yet advertised. Upon completion of searching for vacancies that fall within these three situations, the search is over.  If the DPM determines after consultation with the relevant manager that the employee is qualified for a particular vacancy, it may be offered to the employee as an accommodation.  If the DPM does not find an appropriate vacancy, the results will be conveyed to the employee.

   • Reassignment is to an equivalent position where possible, but if no equivalent position is available, may be to a lower level position that is as close as possible to the employee's current position.

4.  Requests for Medical Information

   If a requestor's disability and/or need for accommodation are not obvious or already known, the MCCCD (specifically the DC) may require medical information showing that the requestor has a covered disability that requires accommodation.  Specifically, the MCCCD may seek only medical information that is sufficient to explain the nature of the disability, the individual's need for reasonable accommodation, and how the requested accommodation will assist the individual to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.  A disability is obvious or already known when it is clearly visible or where the MCCCD already has information from the individual showing that the condition met the Rehabilitation Act definition.  It is the responsibility of the applicant/employee to provide appropriate medical information requested by the DC where the disability and/or need for accommodation are not obvious or already known.

   Only the DC may determine whether medical information is needed and, if so, may request such information from the requestor and/or the appropriate health professional (for example, a doctor, psychologist, clinical social worker, physical therapist, or rehabilitation counselor).  Even if medical information is necessary to process a request, the DC does not necessarily have to request medical documentation from a health care provider; in many instances, the requestor may be able to provide sufficient information to substantiate the existence of a "disability" and/or need for a reasonable accommodation.    If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the DC of this fact.  The DC will then determine whether additional medical information is needed to process the current request.

   If the initial information provided by the health professional or volunteered by the requestor is insufficient for the DC to determine whether the individual has a "disability" and/or that an accommodation is needed, the DC will explain what additional information is needed and why.  If necessary, the individual should then ask their health care provider or other appropriate professional to provide the missing information.  The DC also may give the individual a list of questions for the health care provider or other appropriate professional to answer.  If sufficient medical information is not provided by the individual, the DC may ask the requester to sign a limited release permitting the DC to contact the provider for additional information.  If an individual refuses to provide information requested by the DC, that may result in a decision not to provide reasonable accommodation.

   The DC may have medical information provided by an individual or their health care professional reviewed by a doctor of the MCCCD's choosing, at the District’s expense. 

5.  Confidentiality Requirements

   Under the Rehabilitation Act, information obtained in connection with the reasonable accommodation process must be kept confidential.  This means that the existence of an accommodation request, details of the request, whether it has been approved, and information about functional limitations, all must remain confidential.  This includes all medical information that the MCCCD obtains in connection with a request for reasonable accommodation, which must be kept in files separate from the individual's personnel file.  Whether this information is kept in a file drawer or in a computer file, it must be stored so that only the DC or a designated substitute, has access to it.  Any MCCCD employee who obtains or receives such information is strictly bound by these confidentiality requirements.

   The DC may share certain information with an employee's supervisor or other District staff as necessary to make appropriate determinations on a reasonable accommodation request.  When the DC must reveal the name of the individual requesting reasonable accommodation, the DC will inform the recipient about these confidentiality requirements.  But, the information disclosed by the DC will be no more than is necessary to obtain assistance/advice from other MCCCD staff.  In many situations, the DC will not need to reveal the name of the requestor and/or the office in which the requestor works, or even the name of the disability.  As long as the name of the requestor or any other identifying information is not revealed, even if sharing information about functional limitations, confidentiality is maintained.

   In addition to disclosures of information needed to process a request for accommodation, other disclosures of medical information are permitted as follows:

   • supervisors and managers who need to know may be told about necessary restrictions on the work or duties of the employee and about the necessary accommodation(s);
   • first aid and safety personnel may be told if the disability might require emergency treatment or assistance in evacuation;
   • worker's compensation officials may receive medical information in order to process or evaluate claims for this benefit; and,

   • government officials may be given information necessary to investigate the District's compliance with applicable law.

   Any medical documentation that someone other than the DC receives as part of the reasonable accommodation process (for example, a letter from a health care provider to a supervisor), must be sent to the DC to become part of the file on this request.  Only the DC should retain copies of this documentation, and it shall be placed in the confidential medical files, not in the employee's personnel file.

6.  Time Frames for Processing Requests and Providing Reasonable Accommodations

   Generally, the time frame for processing a request, notifying the requester of the outcome, and providing accommodation, if the request is granted is as soon as possible but no later than thirty (30) business days from the date the request is made, absent extenuating circumstances (e.g., lack of awareness by DC, delayed receipt of documents).  This thirty (30)-business day period includes the seven (7)-business day time frame in which the DC must contact the requestor after a request for reasonable accommodation is made. 

   The thirty (30)-business day period for processing of the request begins when an oral or written request for reasonable accommodation is made, and not necessarily when it is received by the DC.  Therefore, everyone involved in processing a request should respond as quickly as possible. 

   If the DC must request medical information or documentation from a requestor's health care provider, the time frame will stop on the day that the DC makes a request to the individual to obtain medical information or sends out a request for information/documentation, and will resume on the day that the information/documentation is received by the DC.

   If the disability is obvious or already known to the DC, if it is clear why reasonable accommodation is needed, and if an accommodation can be provided quickly, then the DC should not require the full thirty (30) business days to process the request.  For example, the following requests ordinarily can be provided in less than thirty (30) business days:

   • An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test blood sugar levels in private.
   • An employee with clinical depression who takes medication which makes it hard to get up in time to get to the office at 9:00 a.m. requests to be allowed to start work at 10:00 a.m. and still work an eight-and-a-half-hour day.
   • A supervisor distributes a detailed agenda at the beginning of each staff meeting.  An employee with a learning disability asks that the agenda be distributed ahead of time because the employee's disability makes it difficult to read quickly and more time is needed to prepare.

   1. Expedited Processing of a Request

      In certain circumstances, a request for reasonable accommodation requires an expedited review and decision in less than thirty (30) business days.  This includes where a reasonable accommodation is needed:

      • to enable an applicant to apply for a job.  Depending on the timetable for receiving applications, conducting interviews, taking tests, and making hiring decisions, the need to expedite a request for reasonable accommodation may arise to ensure that an applicant with a disability has an equal opportunity to apply for a job.

      • to enable an employee to attend a meeting or training scheduled to occur soon.  For example, an employee may need a sign language interpreter for a meeting scheduled to take place in five (5) days.

   2. Extenuating Circumstances

      These are circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond MCCCD's ability to control.  When extenuating circumstances are present, the thirty (30)-business day time frame for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary to deal with the extenuating circumstance.  The DC must notify the individual of the reason for the delay, including explaining the extenuating circumstance that justifies the delay, and when the DC expects to conclude processing the request.  As discussed below, the DC will also determine if an interim accommodation is possible.

7.  Interim Accommodation

   There are two situations in which the DC must provide an interim accommodation. First, the DC must provide an interim accommodation if the DC has received sufficient information in the interactive process to believe it is reasonably likely that an employee will be entitled to a reasonable accommodation, even while awaiting additional information needed to make a final decision.  For example, the DC may be waiting to receive medical documentation - meaning the interactive process is not completed -- but given the weight of the other information already provided, the DC concludes it is reasonably likely reasonable accommodation will be provided and therefore the DC must provide an interim accommodation.  The requirement to provide an interim accommodation in this situation, however, depends on finding that there is an available interim accommodation (either what the individual has requested or something else) that allows the individual to perform some or all of the essential functions of the position without imposing an undue hardship on the District.  The DC must make clear to the requestor and the supervisor that this is only an interim accommodation until the DC can complete the review and make a final decision.

   Second, if the DC has completed review and determined that the employee is entitled to a reasonable accommodation, but the accommodation cannot be provided immediately, the DC must provide, if feasible, an interim accommodation that allows the employee to perform some or all of the essential functions of the position without imposing an undue hardship on the Commission.  The DC must explain to the requestor why there is a delay in providing the accommodation chosen by the DPM, when the employee can expect to receive that accommodation, and why the DC chose an interim accommodation.

   Finally, a DC may provide an interim accommodation if a supervisor/manager, in forwarding a request for reasonable accommodation to the DPM, tells the DC that an interim accommodation is warranted (either what the employee has requested or something else).  Usually this will involve a situation in which a disability is obvious or likely, the reason given for needing an accommodation seems plausible, and the requested accommodation is easy to provide.  If the DC agrees with this recommendation, the DC will inform the employee of an interim accommodation option during the period of the interactive process while the DC evaluates the request and makes a formal decision. 

   Consideration of an interim accommodation is not meant to slow down the interactive process and the 30-business day time frame will not be lengthened because an interim accommodation is considered.

8.  Resolution of the Reasonable Accommodation Request

   All decisions regarding a request for reasonable accommodation will be communicated to an applicant or employee in writing, as well as orally, when practicable.

   1. If the MCCCD grants a request for accommodation, the DC notify the requestor in writing, and discuss implementation of the accommodation, even if the MCCCD is granting the request without determining whether the requestor has a "disability" and regardless of what type of change or modification is granted.
      • A decision to provide an accommodation other than the one specifically requested is considered a decision to grant an accommodation.  The notification will explain both the reasons for the denial of the individual's specific requested accommodation, if applicable, and why the DC believes that the chosen accommodation will be effective. 

      • If the request is approved but the accommodation cannot be provided immediately, the DC will specify why there is a delay, including any extenuating circumstances that justify the delay, and when MCCCD expects to provide the accommodation(s) granted.  If an accommodation cannot be provided immediately, the DC also will discuss with the employee whether an interim accommodation can be provided.

   2. If the DC denies a request for accommodation, the DC must communicate the denial and clearly explain the specific reasons for the denial.  The DC cannot simply state that a requested accommodation is denied because of "undue hardship" or because it would be "ineffective." 
      • If there is a reason to deny the specific reasonable accommodation requested (e.g., the accommodation poses an undue hardship or is not required by the Rehabilitation Act), the DC will explore with the individual whether another accommodation would be possible.  The fact that one accommodation proves ineffective or would cause undue hardship does not necessarily mean that this would be true of another accommodation.  Similarly, if an employee requests removal of an essential function or some other action that is not required by law, the DC will explore whether there is a reasonable accommodation that will meet the employee's needs.

      • If the DC offers an accommodation other than the one requested, but the alternative accommodation is not accepted, the DC will record the individual's rejection of the alternative accommodation.

9.  Reconsideration Request

   An individual dissatisfied with the resolution of a reasonable accommodation request can ask the DPM to reconsider that decision.  An individual must request reconsideration within 10 business days of receiving written notification of resolution. 

   The DPM has fifteen (15) business days to reconsider the requested accommodation and issue a final decision.

10.  Information Tracking and Reporting

    In order for the MCCCD to ensure compliance with these Procedures and the Rehabilitation Act, the DC will track all accommodations in the manner determined by the DPM.

IV. DISTRIBUTION OF THESE PROCEDURES

Any employee or applicant wanting further information concerning these Procedures or otherwise seeking to request an accommodation may email the DC or the DPM.  These Procedures will be posted on the MCCCD's Intranet and Internet sites, and will be available in the District EEO Office, and the Office of the MCCCD CHRO.  These Procedures will be provided in alternative formats when requested from the DC or DPM by, or on behalf of, any MCCCD employee.

V. REASONABLE ACCOMMODATION RESOURCES

1. Internal Reasonable Accommodation Resources
   The MCCCD has many documents that address the reasonable accommodation obligation required under the Rehabilitation Act, including the Commission's "Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act."  In addition, the following documents may also be helpful:
   • EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act, 
   • Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, 
   • EEOC Efforts For Veterans with Disabilities
2. The EEOC has issued a number of documents that discuss how the ADA addresses various leave issues, including:
   • Employer-Provided Leave and the Americans with Disabilities Act 
   • Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (see "Leave" under "Types of Reasonable Accommodations")
   • Enforcement Guidance on Pregnancy Discrimination and Related Issues (see section II.B., ADA and Reasonable Accommodation)
   • The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964  (see "Comparison of ADA and FMLA Leave" and "ADA Compliance When the FMLA Also Applies")
   • Enforcement Guidance: Workers' Compensation and the ADA  (see "Return to Work Decisions" and "Reasonable Accommodation")
   • The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities  (see "Attendance issues")
   • EEOC documents discussing specific types of disabilities and the most common reasonable accommodations for them; reasonable accommodations for particular types of workplaces (e.g., health care facilities); and leave and telework.  These documents may be found on EEOC’S website. 
   • Job Accommodation Network (JAN) - 1-800-526-7234 (Voice), 1-877-781-9403 (TTY); http://askjan.org is funded by the U.S. Department of Labor's Office of Disability Employment (ODEP) Policy and provides information on the Americans with Disabilities Act (ADA) and a wide range of reasonable accommodations options for many different types of disabilities.