/Institutions/McDowell-Technical-Community-College/json/2024-2025/Catalog-local.json

/Institutions/McDowell-Technical-Community-College/json/2024-2025/Catalog.json

Student-Oriented Policies & Procedures

Student-Oriented Policies & Procedures

Diversity

At McDowell Technical Community College, we believe when people feel a sense of belonging, they can be more creative, innovative, and successful. We are committed to demonstrating a welcoming and inclusive culture where everyone is respected and supported regardless of identities, experiences, or circumstances.

Non-Discrimination Policy

It is the policy of McDowell Technical Community College that no individual shall, on the basis of sex, age, religion, race, color, national/ethnic origin, disability or political affiliation, be excluded from participation in, be denied admission to or the benefits of, or be subjected to discrimination in his/her education program, as required by Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA). Any student who feels he/she has been discriminated against should contact Breanna Wilson, Business Office and Human Resources Manager, MTCC, 54 College Drive, Marion, NC 28752 Phone (828)652-0618. In addition, he or she may consult with or write to the Office for Civil Rights, District of Columbia Office, U.S. Department of Education, 1100 Pennsylvania Avenue., NW, Room 316, P.O. Box 14620, Washington DC 20044-4620. (202)786-0500

Provisions for Persons with Disability

McDowell Technical Community College provides equal access to education for persons with disabilities in compliance with Section 504 of the Rehabilitation Act and Americans with Disabilities Act. It is the responsibility of the student to make his or her disability known and to request academic adjustments of modifications each semester. The Accessibility Services Coordinator advises and assists in securing academic adjustments, support services and other provisions for qualified students with disabilities. Requests for modifications, adjustments or accommodations should be made 30 working days before events or activities and submitted to the Accessibility Services Coordinator. Every reasonable effort will be made to provide accommodation. In order to establish the student’s eligibility for services, documentation of disability is required of all students who request academic accommodations or modifications. Documentation should be submitted to the Disabilities Coordinator and may include results of medical or psychological tests or other professional evaluations that verify the existence of an ADA-recognized disability. Students with learning disabilities should provide a current psychological evaluation that states the specific learning disability and the functional limitation within the learning environment. All documentation and records will be maintained in a confidential manner as outlined in the Family Educational Rights and Privacy Act of 1974.College procedures for application and admission apply to students with disabilities. For additional information, contact the Accessibility Services Coordinator at (828)-659-0489.

Student Grievance Procedure (BP 4.3 and CP 4.3.1 Grievance Policy & Procedure)

It is the policy of McDowell Technical Community College to provide all students with the means to seek resolution to any problem affecting their enrollment. The primary objective of a grievance procedure is to ensure that student rights are protected. Further, it is essential that the student be given adequate opportunity to bring valid complaints and problems to the attention of the College with the assurance that student’s grievances will be handled fairly, rapidly, and in a non- threatening atmosphere.

A grievance is defined as the dissatisfaction that occurs when a student has reason to believe a condition or a situation, or an action affecting the individual is unjust, inequitable, and/or a hindrance to effective performance. A grievable action is an action that is in violation of written campus policies or procedures or constitutes arbitrary, capricious, or unequal application of written campus policies or procedures.

In implementing a grievance policy, the College emphasizes the importance of attempting to resolve any issues before utilizing the grievance policy. All students and faculty members, administrators, or staff members have an obligation to make every effort to resolve problems fairly and informally so that they do not become sources of grievances to be pursued formally through the grievance procedure. However, the College realizes that all problems cannot be corrected with an informal resolution. The procedure is not intended to initiate disciplinary action against a student or a member of the faculty, staff, or administration; or to alter college policy. It is important to note that all matters will be handled in a professional manner and parties will be treated professionally and fairly with no retaliation before, during or after the grievance procedure.

Procedures

A formal complaint may be filed any time by students who believe that a personal right has been violated. The following procedure is established to provide prompt and equitable resolution as they relate to claims of discrimination based on age, sex, (including sexual harassment) religion, race, color, national/ethnic origin, disability or political affiliation, or have been excluded from participation in, be denied admission to or the benefits of, or be subjected to discrimination in his/her education program. (Because of the private and sensitive nature of certain incidents, an aggrieved student may choose a third-party mediator to help resolve complaints on an informal basis.) The following outlines the grievance procedure:

1. Students with concerns should first discuss their problem with the faculty or staff member(s) who are involved. (A third party may be present.) All parties should attempt to resolve the issue in discussion.
2. If the issue is not resolved, the student must talk with the faculty/staff member’s immediate supervisor within ten working days, who will attempt to resolve the complaint.
3. If the grievance cannot be resolved within the department, students should submit a written grievance to the Chief Academic Officer within thirty working days after completion of step # two (2). The complaint should specify the time, place, and nature of the incident that resulted in the complaint. (Forms are available in the Student Services Office and on the MTCC website www.mcdowelltech.edu)
4. Copies of the complaint will be forwarded to the appropriate administrator of the area involved.
5. Within ten working days, the Chief Academic Officer will contact all parties involved (including third parties) and request a meeting.
6. If the situation cannot be resolved during the meeting in Step # 5, the Chief Academic Officer will establish the Grievance Committee within twenty working days. The student or employee may have persons appear on his/her behalf provided that a list of names is given to the Chairperson of the Grievance Committee five school days prior to the meeting. (The Committee with guidance from the Chair [who will receive appropriate training for the procedure] will investigate and evaluate all information provided. A period of ten days is allowed for this process.) The student or employee portion of the Grievance Committee meeting shall be taped to ensure that a full and accurate record of the information presented is available to the student or employee and committee members and to facilitate the writing of the minutes of the meeting. Copies of the tape may be made for the student at cost. The discussion following the student part of the meeting is considered a closed session. 
   
   1. The Grievance Committee shall consist of:
   • Chairperson (non-voting member).
   • Student Services administrator. This person will serve as a student advocate. (Non-voting member).
   • Two faculty members, at least one being from the same department as the aggrieved student.
   • Two students: the President of the SGA and one other student elected by the SGA.
   • One administrator: appointed by the College President.
7. Five (5) voting members are required before a vote can be taken. The decision of the Grievance Committee shall be by majority vote. Within ten (10) school days, the Grievance Committee shall submit its findings of facts and recommendations to the Chief Academic Officer. This will serve as the final decision. The Chief Academic Officer will make the student aware (in writing) within ten (10) days the decision of the Grievance Committee.
8. If the Grievant is not satisfied with the decision of the Grievance Committee, he/she may appeal the decision to the President. The appeal must be made to the President in writing within ten working days. The President will review all procedures and meet with the student.
9. The President will render a decision within ten working days. In all cases, the President’s decision shall serve as the final governing authority of the College.

Post-Secondary Education Complaints: Student Complaint Process

In compliance with state regulations and the rules promulgated by the U.S. Department of Education, the University of North Carolina is committed to implementing a student complaint process that is fair, timely, and effective. This policy establishes a process by which students can initiate complaints against a post-secondary institution offering programs in the State of North Carolina when all other forums at the institutional level has been exhausted. The University of North Carolina System Office, serving as the clearinghouse for complaints concerning post-secondary institutions that are authorized to operate in
North Carolina, will act upon those complaints within its purview and forward all other complaints to the appropriate agency. If you have questions about this process, please email student complaints at studentcomplaints@northcarolina.edu.

Equal Opportunity/Affirmative Action Institution

McDowell Technical Community College is an Equal Opportunity/Affirmative Action Institution in compliance with all policies on non-discrimination. The College has an Affirmative Action Plan. The Affirmative Action Officer for McDowell Technical Community College is the VP for Finance and Administration. The contact number is (828) 652-0627.

Code of Student Conduct

McDowell Technical Community College strives to maintain a safe, nurturing, and orderly learning environment that supports students, faculty and staff. This includes providing a healthful and safe environment, protecting property and re- cords, and supporting the laws of the community, state and nation. In order to maintain an appropriate learning environment, the College expects students to conduct themselves as mature, responsible adults.

The Code of Student Conduct applies throughout the academic year as well as before classes begin or after classes end for the semester, and during periods of time between actual enrollments. The Code of Student Conduct shall apply to a student’s conduct even if the student withdraws from classes while a disciplinary matter is pending. When, in the judgment of college administration, the student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be administered in accordance with BP 4.5 and CP 4.5.1 Levels of Discipline and Appeal: Student. Students have the right to due process when accused of a violation of the Code of Student Conduct. All matters related to alleged Title IX violation shall be referred to the college’s Title IX Coordinator. For all matters regarding alleged discrimination and harassment, please refer to the Non-Discrimination Policy.

A student who is in possible violation of the Code of Student Conduct will be referred to the Dean of Students or designee. If the Dean of Students or designee determines the students’ alleged actions are egregious and/or potentially threatening to the learning environment or to campus safety, the student may be immediately suspended for up to ten business days, pending a due process hearing or Behavioral Intervention Team review under the BIT Team Policy.

Students who have been found responsible for a violation of the Code of Student Conduct may be assigned consequences based upon the seriousness of the offense. Sanctions for violations may include but not be limited to verbal warning, written warning, a failing grade for an assignment, examination or course, administrative withdrawal from courses or academic program, restitution for damages, probation including mandatory periodic progress reports, consequences adapted to the specific violation, suspension, or expulsion. The President shall have final approval in the suspension of a student.

Jurisdiction of the Code of Student Conduct is in effect on college premises, in online classes conducted by the College, on property owned or leased by the College and at functions sponsored by or participated in by the College regardless of the locations. Violations of any federal, state, or local laws may lead to legal actions as well as College discipline. Violations of federal, state or local laws off campus may result in disciplinary action if the student’s continued presence on campus constituted a threat to the safety and order of the campus. If a student is charged with a felony that may com- promise the safety and order of campus, then the College has the right to suspend the student pending the outcome of the criminal charges. If the student is convicted, then the student may be limited in class location and course delivery options, and/or recommended for suspension or expulsion.

High School students who are dually enrolled at the College are also subject to the Code of Student Conduct. Students are expected to follow the behavior guidelines for their high school as well as the College. Therefore, high school students shall conduct themselves in accordance with the Code of Student Conduct of their school system as well as those rules and regulations set forth in the College Code of Student Conduct and published annually on the College website, in the Catalog, and Student Handbook.

Note: Refer to Individual Program handbook for potentially more stringent guidelines and policies.

Sexual Misconduct, Dating Violence, Domestic Violence and Stalking Policy

McDowell Technical Community College provides and is committed to maintaining programs, activities, and an educational and work environment founded on civility and respect, where no one is unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination in any College program or activity on the basis of sex.

Sexual Misconduct, dating violence, domestic violence, and stalking are forms of sex discrimination that may deny or limit an individual’s ability to participate in or benefit from college programs or activities and thus are inconsistent with the values and standards of the College community; incompatible with the safe, healthy environment that the College community expects and deserves; and will not be tolerated.

It is the policy of the College to provide educational, preventive, and training programs regarding sexual misconduct, dating violence, domestic violence, and stalking; encourage reporting of these behaviors; take appropriate action to prevent incidents from denying or limiting an individual’s ability to participate in or benefit from the College’s programs; make available timely services for those who have been affected; and provide prompt and equitable methods of investigation and resolution to stop discrimination, remedy any harm, and prevent its recurrence.

The College is committed to fostering a community that promotes timely and fair resolution of sexual misconduct, dating violence, domestic violence, and stalking allegations. To that end, the College has appointed a Title IX Coordinator to oversee the investigation and resolution of such allegations and has adopted investigation and resolution procedures. Any allegation of sexual misconduct, dating violence, domestic violence, or stalking involving any member of the College community, occurring on College property, and/or occurring off of College property (if the conduct giving rise to the allegation is related to the College’s programs or activities) will be investigated by the College’s Title IX Coordinator pursuant to the appropriate procedures.

The Title IX Coordinator is Breanna Wilson, Director of Human Resources, who can be reached at 828-652-0618.

Policy on Publications- Classroom use of equipment/materials/supplies

McDowell Technical Community College strives to maintain up-to-date computers, printers, supplies and materials to be utilized by instructors and students. MTCC’s equipment, including computers, printers, laboratory equipment, shop equipment, and supplies and materials are to be used for curriculum- coursework projects only. Any equipment/materials/ supplies utilized by students or staff for personal use or monetary gain are prohibited.

Any work produced must have the approval of the instructor and/or administration to be displayed within any area on campus. Any student observed not following the above regulations may be subject to suspension or dismissal from the College for the semester or longer.

Dress Code Policy for Students

The following expectations for student dress have been established and approved by the McDowell Technical Community College Administration and the McDowell Technical Community College Board of Trustees. The following dress code shall be observed by all McDowell Technical Community College students:

1. Any clothing or accessory that is deemed offensive causing a distraction and hampering the learning environment is prohibited.
2. Clothing and accessories must be appropriate to the classroom/lab setting to provide a safe learning environment.
3. Footwear is required and must be safe and appropriate for classroom/lab activities.
4. Jewelry and accessories that are safety hazards or could be used as weapons are prohibited.

The President, Chief Academic Officer, and Deans may allow exceptions to the dress code only on special occasions, such as Student Government activities. Further dress requirements may be prescribed by the above persons for certain classes, such as physical education, vocational, and health science classes.

Violations of the dress code procedures and regulations shall result in disciplinary action as follows:

1st violation: Verbal warning by instructor. Instructor will document the offense and forward a referral to the appropriate Dean and Chief Academic Officer for the record.
2nd violation: After speaking with the student and the situation cannot be resolved, the instructor will present an official letter stating concerns and suggested actions to the appropriate Dean, the Chief Academic Officer and the President.
3rd violation: Administration will investigate the situation. Depending on the results of the investigation, the student may be subject to suspension and/or dismissal from the college for the duration of the semester or longer.

Violations for which disciplinary proceedings may be initiated are as follows:

Academic Dishonesty:

Academic Dishonesty includes, but is not limited to, submitting someone else’s work as one’s own; using notes or other material without permission from the faculty on an exam, homework, or other assignments; receiving information from another student during an exam; obtaining a copy of an exam or questions from an exam prior to taking the exam; having someone else take one’s exam and submitting it as their own, or using a commercial online learning platform to produce work and then submitting it as your own. Academic dishonesty includes any student who has someone else use an account and password for the purpose of submitting work as one’s own.

Plagiarism:

The intentional theft or unacknowledged use of another’s words or ideas. Plagiarism includes but is not limited to paraphrasing or summarizing another’s words or works without proper acknowledgement; using direct quotes of material without proper acknowledgement; or purchasing or using a paper or presentation written or produced by another. If a student is uncertain about what constitutes plagiarism, he or she should discuss this with the class instructor. Submission of previously used work as an original work on subsequent assignments or in multiple courses is not acceptable unless the resubmitted work is substantially different and appropriately cited as previous work.

Cheating:

Using Notes or other material on an exam or classwork without permission from the class instructor; receiving information from another student during an exam; obtaining a copy of an exam or questions from an exam prior to taking the exam; submitting someone else’s work as one’s own; submitting written work, other artistic work, or assignment that was created or generated, in whole or in part, by an artificial intelligence tool or technology, platform, or software as one’s own work; or having someone take one’s exam and submitting it as his/her own.

Aiding Acts of Academic Dishonesty:

Providing information to another student with the awareness that the student intends to use it for deceptive purposes. Students are prohibited from sharing, distributing, uploading, or downloading course materials, including outlines, teaching materials, labs, videos, lectures, tests, exams, or other course material including note sharing or commercial study prep services without the permission of the instructor.

Alcoholic Beverages:

Students may not possess or use alcoholic beverages on campus. Students may not be under the influence of alcoholic beverages on campus or at College-affiliated activities. Possession, use or distribution of any substance is prohibited, except as expressly permitted by law. Any influence which may be attributed to the use of a substance shall not in any way limit the responsibility of the individual or the consequences of their actions.
Animals: Students may not have an animal of any kind on campus, or at any College affiliated activities, sites or events. This includes animals left within a vehicle. Limited exceptions in cases of a certified service animal.

Assault:

Students may not assault or threaten to assault another person for any reason whatsoever.

Behavioral Intervention:

The College is committed to providing a safe learning and working environment. Mental or physical abuse (hazing) of any person on college premises, or at College sponsored or supervised functions; conduct which threatens or endangers the health or safety or any such persons. As such, the College utilizes a behavioral intervention team approach to assess and determine whether or not a student’s behavior constitutes a potential safety risk to the individual or others. Matters that rise to the level of a potential threat will be handled by the Behavioral Intervention Team. If the potential violation of this procedure includes other behaviors or conduct that may also violate the Code of Student Conduct, the violations will also be handled through the Behavioral Intervention team assessment.

Bullying:

Students may not intimidate or threaten with harm any other individual. Bullying is defined as “any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication that takes place on College premises or at any College sponsored function that: (a) places a person in actual and reasonable fear of harm to his or her person or damage to his or her property; or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits, or a College employee’s ability to perform the essential functions of their job.”

Communicating Threats:

Students may not verbally, in writing, through a third party, or by any other means threaten to physically injure another person or that person’s child, sibling, spouse or dependent or willfully threaten to damage the property of another.

Copyright Infringement and Peer-to-Peer File Sharing:

Students may not violate the College’s Copyright Infringement and Peer-to-Peer File Sharing Policy through the act of violating, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, down- loading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Damage to Property:

Students may not damage property of the College or of any other person working at or attending the College. Theft from, misuse of or damage to college property; theft of or damage to property of a member of the College community or a campus visitor, whether on college premises or at a college function. Unauthorized entry upon the property of the College, including entry after closing hours, unauthorized use of a key or entry into a restricted area is forbidden. Occupation or seizure in any manner of college property, a college facility or any portion thereof for a use inconsistent with prescribed, customary or authorized use; preventing, obstructing or substantially interfering with the use of a facility or a portion thereof by those persons to whom the space is assigned.

Demonstration:

Participating in or conducting an assembly, demonstration or gathering in a manner which threatens or causes injury to persons or property, which interferes with free access of college facilities which is harmful, obstructive or disruptive to the educational process or institutional functions of the College or remaining at the scene of such an assembly after being asked to leave by a representative of the College.

Disorderly Conduct:

Students may not conduct themselves in a way which will interrupt the academic mission of the College, or which will disturb the peace of the College. Lewd or indecent conduct, including public physical and/or verbal actions and distribution of obscene or libelous written materials.

Disrespect:

Students are expected to treat all College employees with respect and courtesy, particularly when and if disagreements arise.

Disruption:

Students may not disrupt the normal activities of the College by physically or verbally interfering with instruction, meetings, traffic, or scheduled administrative functions. Intentional obstruction or disruption of teaching, research, administration, disciplinary proceedings or other College activities, including public service functions and other duly authorized activities on college premises. Setting off a fire alarm or using or tampering with any fire-safety equipment, except with reasonable belief in the need for such an alarm or equipment use.

Drugs:

Students may not possess, use, or be under the influence of any narcotic or illegal drugs on campus or at any College-affiliated activities or event. Possession, use or distribution of any substance is prohibited, except as expressly permitted by law. Any influence which may be attributed to the use of a substance shall not in any way limit the responsibility of the individual or the consequences of their actions. This is in violation of the laws of the state of North Carolina of the United States.

Failure to Comply:

Students must comply with the directives of college officials or law enforcement officers during the performance of their duties. Students must identify themselves to these persons when requested to do so. Failure to respond to notifications of conduct charges is also prohibited.

False information:

Students may not present to the College or its employees’ false information; neither may they knowingly withhold information which may have an effect on their enrollment or their status in the institution and which is properly and legally requested by the College. Willfully representing the College or a student organization without the group’s permission or representing improperly the identity of any other member of the campus community. Forgery, alteration or misuse of college documents, records or instruments of identification with intent to deceive.

Gambling:

Students may not gamble on campus or at any College affiliated activities or events.

Internet and Campus Network Acceptable Use:

The College has an extensive policy The College has an extensive policy for appropriate use of the Internet. Users of the College computers acknowledge the policy whenever they sign on. Students may not use the College’s access to the Internet for access to sexually explicit material or for downloading music. Email accounts are provided for student use; however, no right of privacy exists for use of email. Students may not share their account and password, nor may they access another student’s account.

Possession of Weapons:

Students may not have a weapon of any kind, including a knife, stun gun, or any firearm in their possession on campus or at any College-affiliated activities or events except handguns as allowed by NC GS §14-269.2(k). Handguns are permitted under these circumstances:

• The person has a concealed handgun permit that is lawfully issued.
• The handgun is in a closed compartment or container within the person’s locked vehicle.
• The handgun is in a locked container securely affixed to the person’s vehicle.
• A person may unlock the vehicle to enter or exit the vehicle provided the handgun remains in the closed compartment at all times.
• The vehicle is locked immediately following the entrance or exit. Law enforcement officers are exempt from this prohibition.

Public Laws:

Violations of any federal, state or local laws occurring while on campus may lead to legal actions as well as College discipline. Violations of federal, state or local laws occurring off campus may result in disciplinary action if the student’s continued presence on campus constitutes a threat to the safety and order of the campus.

Retaliation:

Retaliation against any person submitting a report of possible violation(s) of the Code of Student Conduct against another person is strictly prohibited. Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figures or peers, reprisal (acts of vengeance) or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate disciplinary action against students found to have retaliated against another.

Skateboards, Hover Boards, and Roller Skates:

Skate boards, hover boards, and roller skates are not permitted to be used on campus outside College sanctioned events

Theft:

Students may not steal the property of another individual or of the College. Students who are caught stealing will be required to make restitution and may be eligible for civil or criminal prosecution as well as College discipline.

Threats:

Students may not engage in any behavior that constitutes a clear and present danger to the physical and/or emotional well-being of the student and/or other students, faculty and staff.

Trespass:

Students are trespassing if in an unauthorized area of the College campus or remain on the College campus after having been directed to leave by a College official.

Vaping, E-cigarettes and Tobacco:

Students may not use vaporizing devices, use e-cigarettes, or tobacco of any form, on campus or at any College-affiliated activity, sites, or events (BP 1.8 and CP 1.8.1 Tobacco Free Facilities)

Unauthorized Access to Records:

Students may not access, view, copy or change official college records without official authorization. (BP 4.16 and CP 4.16.1 Student Records and Confidentiality)

Use of Social Media:

Students should obey their social media platforms terms’ of use. Students may not make, or cause to be made, communications (including electronically or through social media) to another person in any manner likely to seriously annoy or cause alarm. Social media may not be used to breach privacy, discriminate or harass. Students may not make, transmit, or attempt to transmit audio or video of any person(s) on College property where there is an explicit expectation of privacy. Any posts or tweets deemed inappropriate on a MTCC social web site or blog will be deleted immediately and may result in having access to the site blocked permanently. (BP 1.18 and CP 1.18.1 Social Media Guide- lines and Procedures)

Violations of Expected Classroom or Learning Environment Behaviors:

May include, but not limited to, being disobedient, disrespectful, disruptive to the classroom or learning environment, or not abiding by professional conduct standards.

Levels of Discipline and Appeal

(BP 4.5 and CP 4.5.1 Levels of Discipline and Appeal: Student)
The following disciplinary actions are authorized for use by faculty and administrators of the College:

1. Oral warning
2. Written warning
3. Restriction, in writing, specifying the deprivation of privilege or other terms of restriction
4. Disciplinary probation, the conditions of which are expressed in writing, with an acknowledgement of notice signed by the individual placed on probation.
5. Oral suspension and immediate exclusion from specific institutional facilities or from all institutional facilities shall not exceed three school days unless superseded by suspension with written notice stating cause.
6. Suspension with written notice stating cause and specifying any conditions or terms of the suspension. Suspension with written notice shall be exercised only by the President, or in his absence, by his designated representative. The length of suspension will be identified in any written notice provided to the student.
   
   Expulsion or dismissal for cause. This disciplinary action shall be taken only with approval of the Board of Trustees by formal resolution of motion adopted. Prior thereto, the individual shall be in a status of suspension with written notice stating cause. The Board of Trustees shall notify the individual, who shall be offered a full and fair hearing before the Board of Trustees or an impartial panel constituting a quorum of the Board, and shall have the right to be represented by counsel for defense, to bring witnesses for his defense, to confront, examine and cross-examine the witnesses against him, and to be provided at least five days before such hearing with a detailed statement of the charges against him and copies of document which may be presented as evidence against him. A record of hearing proceedings shall be kept.

Student Records: Confidentiality and Release
(Please refer to BP 4.16 and CP 4.16.1 Student Records: Confidentiality & Release for specific procedure related to this policy)

McDowell Technical Community College recognizes the importance of exercising responsibility in the maintenance and security of all student records. In order to meet that responsibility and the requirements of the Family Educational Rights and Privacy Act of 1974 (FERPA), as enacted by Congress, and NC Session Law 2023-106 the College makes the following information known:

1. Types of educational records and information which directly relate to students and which are maintained by the College, such as: 
   • Permanent Student Files: Transcripts of work at other institutions, health forms or records, recommendation letters, placement test profiles, application and residency forms.
   • Transcripts: Academic record of all courses taken while enrolled at the College.
   • Student Financial Aid Records.
2. The official responsible for the maintenance of each type of record, the persons who have access to those records and the purpose for which they have access:
   • The Director of Students Services & Registrar is the individual responsible for the maintenance of student files and transcripts.
   • The permanent clerical staff in the Student Services Office have access to the files for maintenance purposes.
   • The Student Services counselors have access to the files for the purpose of academic advisement.
   • Other authorized College personnel have access whenever the nature of their responsibility requires access to student records or information contained therein.
   • Only Financial Aid Staff may access student financial aid records.
3. The policy of the College for reviewing, maintaining, transcribing and expunging records:     
   • As a matter of policy, the institution destroys all student records except the official transcript five (5) years after the student leaves the College.
   • Parents and legal guardians of independent students 18 years of age or older do not have the right to view student records, grades, test scores, etc. unless written consent of the student is received. Parents of dependent students as defined in section 152 of the Internal Revenue Code of 1954 may review student records without the written consent of the student.
   • Requests for student transcripts will be honored for students with no outstanding debt to the College.
   • Student’s records and/or official transcripts will be forwarded only upon the written request of the student.
   • Whenever it is requested that grades or records of students be released to faculty or to any agency, written permission must be obtained from the student except as outlined in II preceding. Forms are available in the Student Services Office for this purpose.
   • Unless otherwise requested by the student, instructors may post final exam and end of course grades provided a numerical code is used.
4. Compliance with Session Law 2023-106: This section outlines the inclusion of students in various educational pathways and mandates compliance with session law 2023-106 by community colleges. 
   • Definitions: The term CCP student (Career & College Promise) is inclusive of students enrolled in the College Transfer Pathways, Career and Technical Education Pathways, Cooperative Innovative High Schools (CIHS) encompassing early and middle colleges, and Workforce continuing education CTE Pathways in which unemancipated students under the age of 18 registered with a public school unit, including those participating in CCP programs on college campuses.
   • Child: A person under age 18 years of age who has not been emancipated pursuant to Article 35 of Chapter 7B of General Statutes.
   • Parent: A person with legal custody of a child, including a natural parent, adoptive parent, or legal guardian.
   • Community Colleges are not considered public school units under State law, they are required to collaborate with LEA’s to ensure compliance with Session Law 2023-106 for unemancipated minors participating in CCP and CIHS programs.
   •  State entities, including community colleges, must comply with certain requirements related to biometric data, blood, DNA, video and audio recordings of minors, and reporting criminal offenses.
   • Biometric Data, Blood and DNA: Parents have the right to prevent anyone from creating, sharing or storing their child’s biometric scans, blood, or DNA without prior written consent. The parent is required to provide written notice that colleges cannot create, store, or share these items. In other words, unless a parent asserts this right, parental consent will not be required. Some exceptions to this requirement include when: related to a juvenile justice offense; the biometric scan occurs in a place open to the public in which there is not expectation of privacy; and the biometric scan is used for security or surveillance of buildings, grounds, or school transportation only. Usually, community colleges do not use or store this type of data, but if your college decides, it may need to create, use, or store such information, please contact your local college counsel for further advice.
   • Video and Audio Recordings of Minors: Obtain prior written consent from parents before creating video or voice recordings of their child, except in situations outlined in Session Law 2023-106. Maintain Records of consent for auditing purposes.
   • Report Criminal Offenses: Promptly notify the parent and the public school unit if an employee suspects a criminal offense against their child, unless notification would impede an investigation. Ensure coordination with public school units for effective communication and collaboration.
   • Educational Records: allow parents access to and review of all education records related to their child under FERPA. Ensure compliance with FERPA requirements for students under 18 years of age.
   • Parental Request for Information: Requests must be made in writing from the Parent as defined in “A” above to the Chief Academic Officer.
   • Provide training to faculty and staff members involved in CCP Programs regarding compliance requirements and procedures outlined in Session Law 2023-106.
   • Monitoring and Review: Regularly monitor compliance with Session Law 2023-106 and review procedures to ensure effectiveness and adherence to legal requirements.