NORTHWESTERN CONNECTICUT COMMUNITY COLLEGE POLICIES  
       
 

NONDISCRIMINATION POLICY
Northwestern Connecticut Community College of the State of Connecticut will not discriminate against any individual on the grounds of race, color, religious creed, sex, age, national origin, ancestry, present or past history of mental disorder, marital status, mental retardation, sexual orientation, learning disability, physical disability, including, but not limited to blindness, or prior conviction of a crime, unless the provisions of sections 46a-60(b) or 46a-80(b) or 46a-81(b) of the Connecticut General Statutes are controlling, or there is a bona fide occupational qualification excluding persons in one of the above protected groups. With respect to the foregoing, discrimination on the basis of sex shall include sexual harassment as defined in section 46a-60(8) of the Connecticut Statutes . Although it is recognized that there are bona fide occupational qualifications which provide for exception from employment prohibitions, it is understood these exceptions & are to be applied pursuant to section 46a-68-33 of the Administrative Regulations.
Further, the College will not discriminate against any person on the grounds of political beliefs, or veteran status.

Any person having inquiries concerning NCCC's compliance with the regulations implementing Title IX, or Section 504 is directed to contact in confidence Fran Pistilli, Director of Human Resources and College's Affirmative Action Officer, Administration Building, 860-738-6325, who has been designated by the College to coordinate the institution's efforts to comply with the regulations implementing Title VI, Title IX and Section 504.


POLICY ON RACISM AND ACTS OF INTOLERANCE
The community and colleges have long been committed to providing educational opportunities to all who seek and can benefit from them, as evidenced in the mission statement and policies concerning student rights, affirmative action, and equal opportunity. The Board of Trustees and the colleges recognize that an important part of providing opportunity is creating a welcoming environment in which all people are able to work and study together, regardless of their differentness. At the same time, colleges an universities have traditionally been at the cutting edge of protection of our most cherished freedoms, most notably freedom of speech and non-violent action, which protect even unpopular or diverse ideas and perspectives.

Such constitutionally protected expression can contribute to an unwelcoming and even offensive social and educational environment for some individuals in the college community, particularly when it concerns race, religion, sex, sexual orientation, disability, national origin or ethnicity. The First Amendment does not preclude colleges from taking affirmative steps to sensitize the college community to the effects of creating such a negative environment. Therefore the community colleges recognize that they have an obligation not only to punish proscribed actions, but also to provide programs which promote pluralism and diversity and encourage the college community to respect and appreciate the value of every person and his or her right to an atmosphere not only free of harassment, hostility and violence, but supportive individual academic, personal,, social , and professional growth.

Acts of racism or harassment directed against individuals or specific groups of individuals will be dealt with under the employee affirmative action grievance procedures and the student grievance and disciplinary procedures.

Each college will provide a comprehensive educational program designed to foster understanding of differences and the value of cultural diversity. This will include plans to (1) promote pluralism, (2) educate the college community about appropriate and inappropriate behavior to increase sensitivity and encourage acceptance, and (3) widely disseminate this policy statement to the entire community.

POLICY AGAINST SEXUAL HARASSMENT
What is sexual harassment?
Sexual harassment is a form of sex discrimination which is illegal under state and federal law and is also prohibited by the Board of Trustees Nondiscrimination policy. The Boards's policy recognizes that sexual harassment undermines the integrity of employer-employee and student-faculty-staff relationships and interferes with the right of all members of the College community to work and learn inan environment free from harassment. Such conduct will not be tolerated.

Sexual harassment may be described as: Any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, (2) submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting the individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's academic or work performance or creating an intimidating, hostile or offensive employment or educational environment.

Sexual harassment may be verbal, visual or physical. It may be overt or implicit and may, but need not, have tangible adverse effects on the victim's employment or learning experience. Examples of conduct which may constitute sexual harassment include but are not limited to:

  • Sexual flirtation, touching, advances or propositions

    •
  • Verbal abuse of a sexual nature

    •
  • Pressure to engage in sexual activity

    •
  • Graphic or suggestive comments about an individual's dress or appearance

    •
  • Use of sexually degrading words to describe an individual

    •
  • Display of sexually suggestive objects, pictures or photographs

    •
  • Sexual jokes

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  • Stereotypic comments based upon gender

    •
  • Threats, demands or suggestions that retention of one's employment or educational status is contingent upon toleration of or acquiescence to sexual advances.

    • The perpetrator of sexual harassment, like the victim of such conduct, may be a man or a woman. Sexual harassment may involve individuals of the same or opposite sex and, in the college environment, may involve an employee and a student, an employee and another employee, or a student and another student. Harassment in any of these relationships is a violation of the Board's policy.

    Because of the power relationship between faculty and student, and between supervisor and subordinate employee, freedom of choice may be compromised in such relationships. Accordingly, this policy holds that where a faculty member or professional staff member has responsibility for a student through teaching, advising, supervision or other obligation, romantic or sexual liaisons between such persons shall be deemed a violation of this policy. Romantic or sexual liaisons between supervisors and subordinate employees, while not prohibited are strongly discouraged.

    It should be noted, additionally, that retaliation against a person for complaining or being associated in any way with the resolution of a complaint of sexual harassment also violates Board policy.

    What To Do If You Are The Victim of Sexual Harassment

    When an employee or student feels that he or she has been the victim of sexual harassment, he or she should report such incident(s) to a College official.

    Employees may report incidents of sexual harassment to the Dean of the area of the College in which the individual is involved, the College Affirmative Action Officer, or another College official who has been designated by the President as a recipient of such complaints.

    Students may report incidents of sexual harassment to the Dean of Student Development and Information or to such other College official as the President may have designated. Nothing shall prevent students from speaking to a college counselor about their concerns. However, such communication is not a substitute for filing a> complaint of sexual harassment with an appropriate College designee.

    A claim that an employee of a third party contractor has engaged in sexual harassment on College premises or in connection with the performance of the third party contract should be reported immediately either to the President or to another appropriate College official as set forth in this document. The President will ensure that appropriate follow-up action is taken.

    Depending on the nature of the complaint and the desires of the complainant, the College official to whom the complaint has been made may attempt to resolve the complaint informally. Any informal resolution of a complaint must be approved by the College President. No person shall be forced to pursue informal avenues of resolution before filing a formal complaint of sexual harassment.

    If informal resolution is not possible or appropriate, a written complaint should be filed in accordance with the existing Affirmative Action Grievance Procedure for Employees (see Board Policy 2.1.3) or Student Grievance Procedure for Students (see Board Policy 5.2.2).

    For employees, a written complaint should be filed within fifteen (15) calendar days of the alleged harassment. This time frame may be extended by up to fifteen (15) additional calendar days if efforts at informal resolution have been made.

    For students, a written complaint should be filed within thirty (30) days of the date the grievant knew or should have known of the alleged harassment. However, a delay in filing a formal complaint will not be a reason for refusing to investigate such complaints. Although the ability to investigate may be compromised by delay, a written complaint will be treated in the manner prescribed by this policy if filed within 180 days of the date the student knew or should have known of the alleged harassment.

    When a formal complaint of sexual harassment is received, the College will investigate it. The rights of all persons involved in the investigation shall be respected and every effort will be made to protect the confidentiality of both the alleged victim and the alleged harasser. Toward this end, only persons with a need to know shall be made privy to the complaint. However, complete anonymity cannot be assured, given the College's obligation under law to investigate and take appropriate action in all cases of sexual harassment.

    All complaints of sexual harassment shall be taken seriously. It is expected that complaints will be made in good faith, however. Frivolous or vexatious complaints can cause irremediable damage to the reputation of an accused person, even though he or she is subsequently vindicated. Therefore, any person who files a false complaint of sexual harassment shall himself or herself be subject to disciplinary action, up to and including termination, if an employee, or expulsion, if a student.

    In addition to invoking the available grievance procedure, an employee who believes he or she has been sexually harassed may file a complaint with the Connecticut Commission on Human Rights and Opportunities, 21 Grand Street, Hartford, CT 06106 and/or with the Equal Employment Opportunity Commission, One Congress Street, Boston, Massachusetts 02114, within 180 days of the date when the harassment occurred.

    A student who believes he or she has been sexually harassed may, in addition to the available grievance procedure, file a complaint with the federal Office for Civil Rights, U.S. Department of Education (Region 1), John W. McCormack Post Office and Courthouse, Room 222, Post Office Square, Boston, Massachusetts 02109.

    Publication of Sexual Harassment Policy

    This document shall be distributed to all members of the College community. Notice of the Board's policy against sexual harassment also shall be given to any independent contractor with whom a College has a business relationship, as a mandatory part of that contract.

    Training

    Training in the implementation of the Board's policy against sexual harassment and in sexual harassment prevention shall be provided for all supervisory employees, in accordance with the provisions of State law. Attendance at such training sessions shall be mandatory. In addition, awareness and sensitivity training for all employees and students is strongly encouraged.
    POLICY ON VIOLENCE PREVENTION AND RESPONSE
     
    For purposes of this policy, "violence" is defined as an overt act or threat of harm to a person or property, or any act that poses a substantial threat to the safety of any person or property.  "Premises" is defined as any space owned or leased by the Community Colleges or any of its constituent units, including vehicles and any location where college or system business or activities are conducted. Conduct that may violate this policy includes, but is not limited to, the following:

  • Intimidating, harassing or threatening behaviors

  • Physical abuse, including hitting, slapping, poking, kicking, punching, grabbing, etc.

  • Verbal abuse, including yelling, shouting, use of sexually, racially or
    ethnically charged epithets,etc.

  • Vandalism

  • Carrying or possessing weapons or dangerous instruments of any kind on Community College premises, unless properly authorized

  • Using such weapons

    • Any other act that a reasonable person would consider to constitute a threat of violence, including oral or written statements, gestures or expressions that communicate a direct or indirect threat of physical harm.

    Reporting Threats or Violent Act

    A person who feels that he or she has been subjected to threats or acts of violence as defined herein, or a person who witnesses such threats or acts, must report the incident to a supervisor, manager or to the Human Resources office. Supervisors and managers who receive such reports shall seek advice from the Human Resources office regarding investigating the incident and initiating appropriate action. Serious incidents or serious threats of imminent danger to the safety of persons or property should immediately be reported to proper law enforcement authorities and/or to the campus Public Safety/Security Department.

    Any individual who has applied for or obtained a protective or restraining order which lists the premises of the Community Colleges as protected areas, must provide to the Human Resources office a copy of the petition and declaration used to seek the order, a copy of any temporary protective or restraining order that is made permanent. The sensitivity of the information requested is understood and colleges are responsible for treating such information in a manner that recognizes and respects the privacy of the reporting person.

    Enforcement of this Policy

    All reported incidents of violence will be taken seriously and will be dealt with appropriately, including prompt evaluation, investigation and response. An individual who makes a substantial threat of violence or commits an act of violence as defined in this policy shall be removed from the premises. Any weapon or dangerous instrument will be confiscated and turned over to appropriate law enforcement/public safety authorities. There is no reasonable expectation of privacy with respect to such items on college premises.

    Violations of this policy, including knowingly providing a false report, or failing to cooperate fully with an investigation, may lead to disciplinary action up to and including dismissal from employment or expulsion from the college. Violations may also result in criminal penalties.

    Any employee who fears for their personal safety or for the safety of others should contact Steve Frazier, Dean of Administration, at (860) 738-6409 for situations that require immediate attention or call police at 911.

    Contact your supervisor or Fran Pistilli, Director of Human Resources and College's Affirmative Action Officer, at (860) 738-6325 for emergency and non-emergency situations.

    STANDARDS OF CONDUCT

    Illegal Drugs and Alcohol
     
    Northwestern Connecticut Community College prides itself on being a community of responsible citizens. To this end, it is expected that members of the community will abide by NCCC's policies and local laws.

    We recognize that despite these laws, expectations and standards, some people will illegally consume or possess alcohol or other drugs, and some will have medical, legal, and/or interpersonal problems as a result of their use. Moreover, even those of legal age may misuse alcohol and in so doing come into conflict with standards of community conduct.

    It is therefore the purpose of this document to delineate clearly the College policy on alcohol and other drugs. This includes the College regulations and many relevant laws, information regarding substance-free events, resources for those who have or are concerned about problems related to alcohol or drug use, and clarification about potential outcomes if found in violation of the College policy. *

    STANDARDS OF CONDUCT

    The College prohibits the underage and unlawful possession, use, or distribution of illicit drugs and alcohol by students or by employees on College property. The College will impose disciplinary sanctions on students and employees who violate the standards. Disciplinary sanctions that may be imposed on students include warning, disciplinary probation, community service hours, suspension, and dismissal. Whenever the College determines that a student has violated one of the standards, it will consider as a possible sanction referral of the matter to law enforcement officials for prosecution. Although sanctions will vary according to the specific circumstances of the case, and greater or lesser sanctions imposed depending on these circumstances, it is nonetheless important for students to understand the potential consequences of violating the College's policies on drugs and alcohol.

    CONNECTICUT'S POLICY FOR A DRUG-FREE WORKPLACE

    The State of Connecticut is committed to winning the battle against substance abuse. Substance abuse jeopardizes a stable family structure, exacerbates crime, threatens worker productivity and presents a continuing and growing drain of government funds. For our youth, substance abuse is an especially harmful threat. Drugs destroy their hopes and dreams and, all too often, their very lives.

    The workplace is not immune to the influence of substance abuse. Worker safety, health and efficiency are adversely affected. Therefore, in harmony with Connecticut's existing three-pronged strategy of education, treatment and enforcement to combat substance abuse, and in accordance with new federal legislation, the Drug-Free Workplace Policy has been adopted. Connecticut State employees will be protected and served by this new initiative, which includes an on-going substance abuse awareness program.

    Effective March 18, 1989, the federal government enacted the "Drug-Free Workplace" Act. This act requires that any State agency which receives federal funding must certify that it will maintain a drug-free workplace. Among other things, the act requires that a policy is published notifying employees that the unlawful manufacture, distribution, possession, or use of controlled substances is prohibited in the workplace. It also requires that certain actions be taken if this policy is broken.

    It is the policy of the State of Connecticut that each employee has a right to come to work and perform his or her job in an environment that is free from the illegal use of drug. It is also in the interest of the State and the public that employees be able to perform their duties safely and efficiently. The State is firmly committed to promoting high standards of health, safety and efficient service. Thus, our goal is to maintain a work environment free from the effects of drug abuse.

    It is the policy of the State of Connecticut that employees shall not unlawfully manufacture, distribute, dispense, possess or use a controlled substance while on the job or in the workplace, or be under the influence of a controlled substance, not prescribed for him/her by a physician, while on the job or in the workplace. Any employee violating this policy will be subject to discipline, up to and including termination.

    Controlled substances are specifically defined in federal law. They consist of two classes of "drugs": 1) those commonly thought of as "illegal" drugs, and 2) certain medications available by prescription, but not being taken under a physician's orders, which the federal government has determined have a potential for abuse, or are potentially physically or psychologically addictive.

    Employees must inform their agency's personnel administrator (or the person serving in the personnel role) within five (5) days of any drug conviction for violation of a state of federal drug statute if the violation occurred in the workplace. A conviction means a finding of guilty, including a plea of nolo contendere, or the imposition of a sentence by a judge or jury in any federal or state court. Within ten (10) days of receiving notice that one of its employees funded under a federal grant or contract has been convicted for a violation of a state or federal drug statute occurring in the workplace, the agency personnel officer must notify the appropriate federal granting or contracting agency.

    Employees who have substance abuse problems are encouraged to participate in the Employee Assistance Program or a rehabilitation program prior to any disciplinary action. If an employee chooses not to undergo rehabilitation, the State will take disciplinary action consistent with collective bargaining agreements and State law and regulation.

    Since it is a federal certification requirement that employees be notified of this policy, each employee will receive a copy of it. This policy will also be available at Agency Personnel Offices.

    * The Board of Trustee Student Conduct Policy also guides the college with decision making related to conduct, behavioral codes, and institutional action.

    LOCAL, STATE, AND FEDERAL LEGAL SANCTIONS

    Numerous local, state, and federal laws govern the possession, use, and distribution of illicit drugs and alcohol. The following is a brief overview of those laws. This overview cannot be an exhaustive or definitive statement of the various laws, but rather is designed to indicate the types of conduct that are against the law and the range of applicable legal sanctions. It is important to note that, while the activities covered by state, local, and federal law and those covered by NCCC's rules are largely the same, the laws and the rules operate independently and do not substitute for each other. NCCC may pursue enforcement of its rules whether or not legal proceedings are under way or in prospect, and it may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether College rules have been broken. The College will make no attempt to shield members of the NCCC community from the law.

    LOCAL LAWS

    SEC. 136 POSSESSION OF OPENED CONTAINERS OF ALCOHOLIC BEVERAGES PROHIBITED

    Be it ordained by the Board of Selectmen of the Town of Winchester, Connecticut that the following ordinance is hereby amended as follows:

    Section 1. Definitions:

    a) "Alcoholic Liquor" shall be defined as set forth in Section 30-1 of the Connecticut General Statutes, as amended

    b) "Parked Vehicle" shall be defined as any vehicle that is stationary whether the engine is running or not unless said vehicle is stopped in obedience to a traffic control signal or sign.

    c) "Public Highway" means a highway, road, street, avenue, alley, boulevard or other way within and under control of the Town of Winchester, and open to public use, including the sidewalks of any such highway.

    d) "Parking Area" means lots, areas or other accommodations for the use of parking of motor vehicles off the street or highway and open to public use with or without charge.

    e) "Recreation Area" means any park, playground, beach, or recreation area owned or used by the Town including the Soldiers' Memorial Park.

    Section 2. Prohibited Acts:

    The possession of any opened container holding an alcoholic beverage is prohibited on any public highway, parking area or recreation area within the Town of Winchester, except as permitted in Subsection 3 hereof.

    Section 3. Exceptions:

    The possession of opened containers of alcoholic beverages is permitted during any public function, festival or celebration being conducted pursuant to a written permit issued by the Chief of Police or person designated by the Chief to issue such permits.

    Section 4. Permit Applications:

    An application for a permit shall be in writing directed to the Chief of Police. The application shall state the name and address of responsible officials of the organization sponsoring the function, festival or celebration (event), shall specify the parts of the public highway, parking area or recreation area to be used during the event, specify the beginning and ending time of the event and if it continues for more than one (1) day, the hours in each day it is to be conducted, the approximate number of people to be in attendance and whether the event is open to the public.

    The application shall be filed at least ten (10) days prior to the first day of the event. The permit shall be issued or denied in writing at least four (4) calendar days before the first day of the event. The permit shall be issued if all of the required information is provided, the application is made at least ten (10) days before the event, and the Chief of Police or his designee determines that the event will be open to the public and all necessary permits, licenses, and approvals have been obtained from all necessary government authorities, including, but not limited to, the State Department of Liquor Control.

    Section 5. Penalty:

    Any person who violates any provision of this Ordinance shall be fined

    $90.00. EFFECTIVE JUNE 11, 1985; AS AMENDED AT BOARD OF

    SELECTMEN MEETING SEPTEMBER 18, 1995, PUBLISHED IN

    REGISTER CITIZEN OCTOBER 20, 1995 WITH AMENDMENTS

    EFFECTIVE NOVEMBER 4, 1995.

    SEC. 181 UNDERAGE DRINKING

    Be it ordained by the Board of Selectmen of the Town of Winchester, Connecticut that Section 181 of the By-Laws and Ordinances is hereby adopted as follows:

    A. Definitions.

    As used in this article, the following terms shall have the meaning indicated:

    ALCOHOLIC LIQUOR -- Shall have the same meaning as the same term is defined in Section 30-1, of the Connecticut General Statutes, as amended from time to time.

    HOST -- to organize a gathering of two or more persons, or to allow the premises under one's control to be used with one's knowledge, for a gathering of two or more persons for personal, social or business interaction.

    MINOR -- Shall have the same meaning as said term is defined in Section 30-1, of the Connecticut General Statutes, as amended from time to time.

    PERSON -- Any individual, firm, partnership, association, syndicate, company, trust, corporation, limited-liability company, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind.

    B. Possession restricted.

    No minor shall be in possession of alcoholic liquors, whether in opened or closed containers or otherwise, within the Town of Winchester except: When accompanied by or in the presence of his or her parent, guardian or spouse who has attained the age of 21; a person over age 18 who is an employee of a permit holder under Section 30-90a of the Connecticut General Statutes, or a permit holder under the Liquor Control Act and who possesses alcoholic liquor in the course of his employment or business; or a minor who possesses alcoholic liquor on the order of a practicing physician. This restriction shall apply to both public and private property.

    C. Sale or delivery of alcoholic liquor.

    No person shall sell alcoholic liquor to a minor or deliver alcoholic liquor to a minor except: sale, shipment or delivery made to a person over age 18 who is an employee of a permit holder under Section 30-90a of the Connecticut General Statutes, or a permit holder under the Liquor Control Act of the State of Connecticut where such sale or delivery is made in the course of such person's employment or business; a sale or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card belonging to any other person, or who uses or exhibits an identity card that has been altered or tampered with in any way; or delivery made to a minor by a parent, guardian or spouse of the minor who is 21 years of age, and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.

    D. Hosting events.

    No person shall host an event or gathering at which the host knowingly allows alcoholic liquor to be consumed by or dispensed to any minor unless said minor is accompanied by or in the presence of his or her parent, guardian, or spouse who has attained the age of 21. This restriction shall apply to any event or gathering within the Town of Winchester, whether conducted on public or private property.

    E. Penalties for offenses.

    Any person who violates any provision of this ordinance shall be subject to arrest and prosecution by the proper authorities and shall be subject to a fine not to exceed $90.00 for each offense. Each violation of this article shall constitute a separate offense.

    ADOPTED APRIL 21, 2003, EFFECTIVE MAY 9, 2003. AMENDED JUNE 16, 2003, PUBLISHED IN THE WATERBURY REPUBLICAN JUNE 24, 2003; TO

    BECOME EFFECTIVE JULY 9, 2003

    STATE LAWS

    A. Drugs

    1. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Dispensing of Controlled Substances

    a. Hallucinogenic or narcotic substances other than marijuana. First offense: Prison sentence not to exceed 15 years and/or fine not to exceed $50,000. Second offense: Prison sentence not to exceed 30 years and/or fine not to exceed $100,000. Each subsequent offense: Prison sentence not to exceed 30 years and/or fine not to exceed $250,000. (See Connecticut General Statutes 21a-277.)

    b. Other controlled substances excluding marijuana. First offense: prison sentence not to exceed seven (7) years and/or fine not to exceed $25,000. Each subsequent offense: Prison sentence not to exceed 15 years and/or fine not to exceed $100,000. (See Connecticut General Statutes 21a- 277.)46

    c. Examples of such substances include, but are not limited to, mescaline, peyote, morphine, LSD, cocaine (including "crack"), opium, amphetamines, and heroin. For a complete definition of controlled, hallucinogenic, and narcotic substances, see Connecticut General Statutes 21a-240.

    2. Penalties for Illegal Manufacture, Distribution, Sale, and Prescription or Administration by Nondrug-dependent Person

    a. Minimum prison term of not less than five years and maximum term of life imprisonment for the manufacture, distribution, sale, or possession or transportation with the intent to sell of one ounce or more of heroin, methadone, or cocaine (including "crack"), or one-half gram more of cocaine in a freebase form, or five milligrams or more of LSD. (See Connecticut General Statutes 21a-278.)

    b. Minimum prison term of not less than five years for first offense, and for subsequent offenses, minimum prison term of not less than 10 years, for the manufacture, distribution, sale or transportation or possession with the intent to sell any narcotic, hallucinogenic or amphetamine-type substance, or one kilogram or more of a cannabis-type substance (which includes marijuana). (See Connecticut General Statutes 21a-278.)

    3. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Administration Involving Minors (See Connecticut General Statutes 21a- 278a.)

    a. Mandatory two-year prison term for the distribution, sale, dispensing, offering, or giving of any controlled substance to another person who is under 18 years of age and who is at least two years younger than the person violating the statute.

    b. Mandatory three-year prison term for the manufacture, distribution, dispensing, sale, transportation or possession with intent to sell, offering or gift of any controlled substance on or within one thousand feet of the real property comprising a public or private elementary school.

    4. Penalties for Possession (see Connecticut General Statutes 21a - 279)

    a. Any person who possesses or has under his control any quantity of any narcotic substance, including marijuana, for a first offense may be imprisoned not more than seven years and/or fined not more than $50,000, and for a second offense, may be imprisoned not more than 15 years and/or fined not more than $100,000.

    b. A variety of sentences are available under this statute depending on the substance possessed, its quantity, and the background of the offender.

    B. Alcohol

    1. Sale of Alcohol to Minors and Intoxicated Persons (see Connecticut General Statutes 30-86)

    a. Any permittee who sells or delivers alcoholic liquor to any minor, or to any intoxicated person, or to any habitual drunkard shall be fined not more than $1,000 and/or imprisoned not more than one (1) year.

    b. Any person who delivers or gives alcoholic liquor to any minor, except on the order of a practicing physician, shall be fined not more than $1,500 and/or imprisoned not more than 18 months.

    2. Inducing Minors to Procure Liquor (see Connecticut General Statutes 30-87)

    a. Any person who induces any minor to procure alcoholic liquor from any person permitted to sell the same shall be fined not more than $1,000 and/or imprisoned not more than one year.

    3. Misrepresentation of Age (see Connecticut General Statutes 30-88a)

    a. Any person who misrepresents his age or uses or exhibits for the purpose of procuring alcoholic liquor an operator's license belonging to any other person shall be fined not less than $200 nor more than $500 and/or imprisoned for not more than 30 days.

    4. Procuring Liquor by Persons Forbidden and Public Possession of Liquor by Minors (see Connecticut General Statutes 30-89)

    a. Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than $200 nor more than $500.

    b. Any minor who possesses any alcoholic liquor on any street or highway or in any public place or place open to the public, including a club that is open to the public, shall be fined not less than $200 nor more than $500.

    5. Dram Shop Act (see Connecticut General Statutes 30-102)

    a. If any person, by himself or his agent, sells any alcoholic liquor to any intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured, up to the amount of $20,000, or to persons injured in consequence of such intoxication up to an aggregate amount of $50,000.

    6. Operating a Motor Vehicle While Under the Influence of Liquor or Drug or While Impaired by Liquor (see Connecticut General Statutes 14-227a)

    a. Any person who operates a motor vehicle while under the influence of intoxicating liquor or drug or both or who operates a motor vehicle while his ability to operate is impaired by the consumption of intoxicating liquor shall, for conviction of a first violation, be fined not less than $500 and be imprisoned for not more than six months, and shall have his operator's license suspended for one year.

    b. This statute provides for greater penalties for subsequent offenses.

    FEDERAL LAWS

    A. Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

    1. Penalty for Simple Possession (See 21 U.S.C. 844[A].)

    First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000 or both.

    After 1 prior drug conviction: At least 15 days in prison, not to exceed two years, and fined at least $2,500 but not more than $250,000 or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000 or both.

    Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000 or both, if:

    a. First conviction and the amount of crack possessed exceeds five grams;

    b. Second crack conviction and the amount of crack possessed exceeds three grams;

    c. Third or subsequent crack conviction and the amount of crack possessed exceeds one gram.

    2. Criminal Forfeitures (See 21 U.S.C. 853[a][2] and 881[a][7].)

    Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one-year imprisonment. (See special sentencing provisions regarding crack.)

    3. Forfeitures (See 21 U.S.C. 881[a][4].)

    Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

    4. Civil Penalties for Possession of Small Amounts of Certain Controlled Substances (See 21 U.S.C. 844a.): Civil fine up to $10,000 (pending adoption of final regulations).

    5. Denial of Federal Benefits to Drug Traffickers and Possessors (See 21 U.S.C. 853a.) Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses up to one year for first offense, up to five years for second and subsequent offenses.

    6. Firearm Forfeiture (See 18 U.S.C. 922[g].) Ineligible to receive or purchase a firearm.

    7. Miscellaneous Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.

    8. Federal Trafficking Penalties

    See "Federal Trafficking Penalties" Charts.

    HEALTH RISKS ASSOCIATED WITH ALCOHOL USE

    While most college students either do not drink or drink moderately, some students report high risk alcohol consumption. The U.S. Surgeon General and the U.S. Department of Health and Human Services have identified high risk drinking among college students as a major public health problem, which is neither victimless nor cost-free.

    CONSUMING ALCOHOL AT HIGH RISK LEVELS IS MORE LIKELY TO RESULT IN PERSONAL CONSEQUENCES SUCH AS:

    hangovers, vomiting or nausea

    memory loss ("blacking out") or loss of consciousness ("passing out")

    being criticized for their drinking behaviors

    regretting actions taken while under the influence of alcohol

    damage to relationships with friends and family

    unplanned or unsafe sexual activity

    missing classes

    poor performance on an exam or project

    lower grade point averages

    driving while intoxicated

    hospitalization due to injury or severe intoxication

    alcohol dependency or addiction

    death due to injury, accident or alcohol overdose

    Those who do not drink or do not abuse alcohol may experience secondhand consequences from others excessive alcohol use. In addition to physical and sexual assault and damaged property, these consequences may include unwanted sexual advances and disrupted sleep and study.

    Many students carry an expectation that there are a subset of drinking behaviors relegated to the college years. While it is often the case that we "grow out" of potentially perilous drinking behaviors, there may be patterns set which have lasting impacts. While only a small minority of students will develop clinical alcoholism, many more will suffer avoidable negative impact on relationships and studies. (Information adapted from the Task Force of the National Advisory Council on Alcohol Abuse and Alcoholism. "A Call to Action: Changing the Culture of Drinking at U.S. Colleges", April 2002. Available at www.collegedrinkingprevention.gov.)

    HEALTH RISKS ASSOCIATED WITH ILLICIT DRUG USE

    Similar to alcohol, someone who uses illicit drugs on a regular basis is at increased risk for experiencing negative consequences (see "Health Risks Associated with Alcohol Use", above). These consequences can vary greatly depending on the substance, the quantity consumed, if it is combined with alcohol or other substances, and the frequency of consumption. Some consequences may include the following: Mental and physical health problems, including lowered resistance to disease/illness, Increased risk of ulcers, heart disease, and cancers of the liver, mouth, throat and stomach, memory loss, anxiety disorders, phobias, and depression. Increased risk of serious injury to self or others, due to fighting, sexual assault, driving under the influence, homicide and suicide. Increased likelihood of engaging in unprotected/unsafe sex, due to impaired judgment which may result in unplanned pregnancy and/or infection with a sexually transmitted disease. Increased engagement in other illegal activities, including vandalism, physical assault, sexual assault, driving under the influence, etc. Increased likelihood of developing an addiction, particularly those with a family history of alcohol or other drug addiction. They are at least four times more likely to develop an addiction. Increased likelihood of death. Drug use increases the odds of death from accidental or intentional drug overdoses as well as participation in other unsafe behaviors (e.g., driving under the influence).

    Multiple drug use: Drugs, by definition, impact the body's physiologic processes by chemical means. These interactions may be unpredictable, especially when the constituents of drugs are partially unknown (as with street or club drugs), or of unexpected intensity as when prescription drugs are misused. Such effects are especially problematic when drugs are mixed or combined with alcohol or with other prescription or herbal medications a student may be taking. At best, such an outcome is frightening or uncomfortable; at worst it could lead to unintended effects as detailed above. In addition to these risks, there is the possibility of addiction to behavior patterns or physical addiction, both of which can yield devastating impact on family, finances, health, etc.

    The charts "Controlled Substances--Uses and Effects" (see Appendix) provide additional information on the uses and effects of controlled substances. (Information adapted from McDowell, U. and Futris, T., "Adolescents at Risk: Illicit Drug Use". Department of Human Development and Family Science, The Ohio State University, 2002; and C. Kuhn, S. Swartzwelder and W. Wilson, "Buzzed: The straight facts about the most used and abused drugs from alcohol to ecstasy", 1998.)

    ALCOHOL AND OTHER DRUG PREVENTION AND EDUCATION FOR STUDENTS

    Alcohol and Other Drug Intervention Support

    A. Identification, Intervention, and Referral of Student with Substance Abuse Problems

    Students self refer for assistance with substance abuse problems or are identified by counselors or faculty members by their behavior. If a student presents behavioral difficulty in class or on campus, a counselor from the Center for Student Development will contact the student to intervene in the situation.

    Counselors in the Center for Student Development undergo regular professional development training to enhance their skills in working with students with substance abuse and other psychological issues. Two members of the Center for Student Development staff are Licensed Professional Counselors with the State of Connecticut. This license requires ongoing professional development activity in areas including substance abuse issues. All counseling staff is trained to identify and refer students with problems relating to substance abuse to appropriate outside treatment agencies.

    Additional resources for referral are members of the Alcohol and Other Drug Prevention Taskforce whose names appear in the Student Handbook.

    Students are referred to area social service agencies such as:

    The McCall Foundation in Torrington, Connecticut

    Catholic Family Services in Torrington, Connecticut

    Charlotte Hungerford Hospital - Center for Behavioral Health in Torrington, Connecticut

    Northwest Center for Family Services and Mental Health in Torrington, Connecticut

    B. Ongoing Support for Students in Recovery

    No current formal aftercare programs are offered for students returning to college with issues relating to substance abuse.

    Counselors are available for student consultation and support as they pursue their studies on campus. The Alcohol and Other Drug Prevention Taskforce whose names appear in the Student Handbook are sources of on campus support for students in recovery

    Alcohol and Drug Counseling and Treatment for Students

    No current formal aftercare programs are offered for students returning to college with issues relating to substance abuse.

    Counselors are available for student consultation and support as they pursue their studies on campus. The Alcohol and Other Drug Prevention Taskforce whose names appear in the Student Handbook are sources of on campus support for students in recovery

    A. Consultation and Assessment

    Students self refer for assistance with substance abuse problems or are identified by counselors or faculty members by their behavior. If a student presents behavioral difficulty in class or on campus, a counselor from the Center for Student Development will contact the student to intervene in the situation.

    Counselors in the Center for Student Development undergo regular professional development training to enhance their skills in working with students with substance abuse and other psychological issues. Two members of the Center for Student Development staff are Licensed Professional Counselors with the State of Connecticut. This license requires ongoing professional development activity in areas including substance abuse issues. All counseling staff is trained to identify and refer students with problems relating to substance abuse to appropriate outside treatment agencies.

    B. Voluntary Treatment

    All referrals made are at the expressed wishes of students and are voluntary.

    C. Alcohol/Drug Awareness Education

    Extensive discussion of NCCC's policies toward substance abuse can be found in the NCCC Student Handbook which provides 1) the College's Policy on Student Rights, 2) a specific discussion of drug and alcohol issues which impact students, and 3) the Policy on Drugs and Alcohol in Community Colleges adopted by the Board of Trustees of Connecticut Community Colleges.

    The Alcohol and Other Drug Prevention Taskforce coordinates educational efforts such as workshops. These educational workshops on substance abuse issues are periodically offered on campus and are open to student, staff, and members of the local community. Self help resources are available through the Center for Student Development and its webpage.

    D. Individualized Reentry Program

    No such program exists at NCCC.

    Policy review

    The Board of Trustees of Connecticut Community Colleges and the College periodically review substance abuse prevention policies.

    POLICY ON STUDENT CONDUCT
     

    Section 1: Student Conduct Philosophy

    Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students and the general well-being of society. This Policy is intended to ensure that members of the College community are able to pursue their goals in an atmosphere free from unreasonable interference or threat of interference.

    This Policy is also intended to foster the development of important values, including accountability, responsibility, fairness, respect for self and others, appreciation of personal freedoms and a recognition of the importance of physical safety in the College community. Compliance with the Policy provides an opportunity to develop and practice skills in leadership, group process, decision making and ethical and moral reasoning. Students who demonstrate these values and possess these skills are more likely to find success and fulfillment in their academic, professional, family and personal endeavors.

    This Policy sets forth a number of expectations for student conduct and prescribes procedures for enforcement. Since students are assumed to be at various stages of moral and social development, sanctions imposed should attempt to assist students in their growth and development, wherever possible. However, the paramount consideration must always be to protect members of the College community and the educational process from harm.

    Section 2: Application of the Student Conduct Policy

    This Policy applies to student conduct on campus and on other property or facilities owned, controlled or used by the College. It also applies to student conduct on premises not owned, controlled or used by the College if the off-campus conduct impairs College-related activities or affairs of another member of the College community or creates a risk of harm to any member or members of the College community.

    Conduct on or off College premises that is prohibited by federal, state or local law, codes and ordinances is also covered. Students who engage in behavior prohibited by law may be subject to civil or criminal sanctions as well as to the sanctions of this Policy.

    Additionally, where a court of law has found a student to have violated the law, a College has the right to impose the sanctions of this Policy even though the conduct does not impair the College-related activities of another member of the College community and does not create a risk of harm to the College community. The decision to exercise this right will be in the sole discretion of the President or his/her designee.

    For purposes of the Policy on Student Conduct, a “student” is any person who has registered for at least one (1) course, credit or non-credit, at the College. Student status continues in effect for two (2) calendar years after the conclusion of the last course in which the student was registered, unless the student has formally withdrawn from the College, graduated or been expelled.

    Section 3: Expectations for Student Conduct

    Consistent with the Student Conduct Philosophy set forth in Section 1 of this Policy, students are expected to:

    Demonstrate respect for the College community by acting in accordance with published Board policies and College rules and regulations;

    Demonstrate academic integrity by not engaging in conduct that has as its intent or effect the false representation of a student's academic performance, including but not limited to:

    cheating on an examination,
    collaborating with others in work to be presented, contrary to the stated rules of the course,
    plagiarizing, including the submission of others' ideas or papers (whether purchased, borrowed or otherwise obtained) as one's own,
    stealing or having unauthorized access to examination or course materials,
    falsifying records or laboratory or other data,
    submitting, if contrary to the rules of a course, work previously
    presented in another course, and
    knowingly assisting another student in any of the above, including
    an arrangement whereby any work, classroom performance, examination, or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed;

    Demonstrate respect for the property of the College and of others by not damaging or destroying or attempting to damage or destroy such property, and by not possessing or attempting to possess such property
    without authorization, including unauthorized entry to or use of College premises;

    Demonstrate respect for others by:

    refraining from conduct that constitutes a danger to the personal health or safety of other members of the College community and guests or licensees of the College, including intentionally causing or
    attempting to cause injury;
    refraining from conduct that obstructs or seriously impairs or
    attempts to obstruct or seriously impair College-sponsored or
    College-authorized activities; and
    c. refraining from harassment, which is defined as conduct that is
    abusive or which substantially interferes with a person’s pursuit of his or her customary or usual affairs;

    5. Demonstrate respect for others by refraining from sexual misconduct
    (see the Sexual Misconduct and Relationship Violence Statement);

    6. Be truthful in all matters and not knowingly make false statements to any employee or agent of the Board or the College with regard to a College- related matter, nor forge, alter or otherwise misuse any document or record;

    7. Comply with the directions of College staff members acting within the scope of their employment responsibilities;

    Contribute to a safe and healthy learning and working environment by
    refraining from the unauthorized possession or use of weapons or
    dangerous instruments as defined by law and pursuant to Board Policy,
    and by refraining from possessing or using other objects in a manner that
    causes harm, threatens or endangers oneself or others;

    Respect oneself and others in the community by refraining from knowingly possessing, using, transferring, selling or being under the influence of any controlled substance, as defined by law, or possessing or consuming alcoholic beverages unless specifically authorized, pursuant to Board Policy. Use or possession of a drug authorized by prescription from a licensed medical practitioner is not covered by this statement;

    Refrain from any unauthorized use of electronic or other devices to make
    an audio or video record of any person while on College premises without
    his/her prior knowledge or without his/her expressed consent;

    Conduct oneself in a civil and respectful manner, both within and outside
    the College.

    Students may be sanctioned for behavior that is not in accordance with the above-stated expectations.

    Section 4: Sanctions

    The prior conduct record of a student shall be considered in determining the appropriate sanction for a student who has been found to have violated any part of Section 3 of this Policy. Sanctions shall be progressive in nature; that is, more serious sanctions may be imposed if warranted by the prior conduct record of the student.

    A “sanction” may be any action affecting the status of an individual as a student taken by the College in response to a violation of this Policy, including but not limited to the following:

    1. “Expulsion” is a permanent separation from the College that involves denial of all student privileges, including entrance to College premises;

    2. “Suspension” is a temporary separation from the College that involves denial of all student privileges, including entrance to college premises for the duration of the suspension, and may include conditions for reinstatement;

    3. “Removal of College privileges” involves restrictions on student access to certain locations, functions and/or activities but does not preclude the student from continuing to pursue his/her academic program;

    4. “Probation” is a status that indicates either (a) serious misconduct not warranting expulsion, suspension or removal of College privileges, or (b) repetition of misconduct after a warning has been imposed;

    5. A “Warning” is a written notice to the student indicating that he or she has engaged in conduct that is in violation of Section 3 of this Policy and that any repetition of such conduct or other conduct that violates this Policy is likely to result in more serious sanctions;

    6. “Community restitution” requires a student to perform a number of hours of service on the campus or in the community at large.

    Section 5: Procedures

    The following procedures shall govern the enforcement of this Policy:

    1. Information that a student may have violated this Policy should be submitted to the Dean of Students or other designee of the President (hereinafter referred to as “the Dean”), normally within thirty (30) days of the date of a possible violation or within thirty (30) days of the date that the facts constituting a possible violation were known.

    2. Upon receipt of information relating to a possible violation, the Dean may immediately place restrictions on or suspend a student on an interim basis if, in the judgment of the Dean, the continued presence of the student at the College or continued participation in the full range of college activities poses a danger to persons or property or constitutes an ongoing threat of disrupting the academic process.

    “Interim restrictions” are limitations on the student’s participation in certain College functions and activities, access to certain locations on campus or access to certain persons, that do not prevent the student from continuing to pursue his/her academic program. A student upon whom the Dean has placed interim restrictions shall be afforded written reasons for the restrictions, as well as the time period during which the interim restrictions shall apply. The decision of the Dean regarding interim restrictions shall be final.

    “Interim suspension” is the temporary separation of the student from the College that involves the denial of all privileges, including entrance to College premises. Prior to imposing an interim suspension, the Dean shall make a good faith effort to meet with the student. At this meeting, the Dean shall inform the student of the information received and provide the student an opportunity to present other information for the Dean’s consideration. Based upon the information available at that time, the Dean shall determine whether the student’s continued presence on campus poses a danger to persons or property or constitutes an ongoing threat of disrupting the academic process. A student suspended on an interim basis by the Dean shall be provided written reasons for the suspension and shall be entitled to an administrative conference or a hearing as soon as possible, normally within ten (10) business days from the date the interim suspension was imposed. The decision of the Dean regarding an interim suspension shall be final.

    3. Following the imposition of interim restrictions or interim suspension, if any, the Dean shall promptly investigate the information received by meeting with individuals who may have knowledge of the matter, including the accused student, and by reviewing all relevant documents. If upon the conclusion of the Dean’s investigation, the Dean determines that there is insufficient reason to believe the student has committed a violation of any part of Section 3 of this Policy, the Dean shall dismiss the matter and shall so inform the student in writing.

    4. If, upon the conclusion of the Dean’s investigation, the Dean determines that there is reason to believe the student has committed a violation of any part of Section 3 of this Policy and, after considering both the possible violation and the prior conduct record of the student, that a sanction of less than suspension or expulsion is appropriate, the Dean shall schedule an administrative conference with the student. The student shall be given reasonable notice of the time and place of the conference. At the administrative conference, the student shall have the opportunity to present information for the Dean’s consideration. At the conclusion of the administrative conference, the Dean shall determine whether it is more likely than not that the student has violated the Policy and, if so, impose a sanction less than suspension or expulsion. The Dean shall provide the student with a written explanation for the determination. The decision of the Dean shall be final.

    5. If, upon the conclusion of the Dean’s investigation, the Dean determines that there is reason to believe the student has committed a violation of any part of Section 3 of this Policy and, after considering both the violation and the prior conduct record of the student, that a sanction of suspension or expulsion is appropriate, the Dean shall provide the student with reasonable written notice of a meeting and shall inform the student that his/her failure to attend the meeting or to respond to the notice may result in the imposition of the maximum permissible sanction. At the meeting, the Dean shall provide the student with a written statement that shall include the following:

    a concise statement of the alleged facts;
    the provision(s) of Section 3 that appear to have been violated;
    the maximum permissible sanction; and
    a statement that the student may resolve the matter by mutual agreement with the Dean, or may request a hearing by notifying the Dean in a writing, which must be received by 5:00pm on the following business day.

    6. If the student requests a hearing, he/she is entitled to the following:

    to be heard, within five (5) business days, or as soon as reasonably possible, by an impartial party or panel whose members shall be appointed by the Dean;
    if the Dean appoints an impartial panel, to have a student on the panel, if requested by the student;
    to appear in person and to have a nonlawyer advisor. However, if there is pending at the time of the hearing a criminal matter pertaining to the same incident that is the subject of the hearing, a lawyer may be present for the sole purpose of observing the proceedings and advising the student concerning the effect of the proceedings on the pending criminal matter;
    to hear and to question the information presented;
    to present information, to present witnesses and to make a statement in his or her behalf; and
    to receive a written decision following the hearing.

    (See Section 6 for additional procedures regarding sexual misconduct.)

    7. As used herein, the term “impartial” shall mean that the individual was not a party to the incident under consideration and has no personal interest in the outcome of the proceedings. Prior to the commencement of the hearing, the student who is subject to the hearing may challenge the appointment of an impartial party or panel member on the ground that the person(s) is (are) not impartial. The challenge shall be made in writing to the Dean and shall contain the reasons for the assertion that the person(s) is (are) not impartial. The decision of the Dean shall be final.

    8. The written decision of the impartial party or panel shall specify whether, based on the information presented, it is more likely than not that the student committed the violation(s) reported and shall state the sanction to be imposed, if any. The written decision shall be provided to the student.

    9. Sanctions imposed by an impartial party or panel are effective immediately. The President may, for good cause, suspend imposition of the sanctions imposed by the impartial party or panel to allow the student time to prepare a written request for review. If a written request is received, the President may continue to suspend imposition of the sanctions until he has reviewed and acted on the student’s request.

    10. A written request for review of the decision of the impartial party or panel
    must be received by the President within three (3) calendar days after the
    student is notified of the decision and must clearly identify the grounds for
    review. The review by the President is limited to the record of the hearing,
    the written request and any supporting documentation submitted with the
    request by the student. The decision of the impartial party or the panel shall
    be upheld unless the President finds that:

    a violation of the procedures set forth herein significantly prejudiced the
    student; and/or
    b. the information presented to the impartial party or panel was not
    substantial enough to justify the decision; and/or,
    c. the sanction(s) imposed was (were) disproportionate to the seriousness
    of the violation.

    11. Decisions under this procedure shall be made only by the college officials
    indicated.

    Section 6: Additional Hearing Procedures for Sexual Misconduct Cases

    In any hearing conducted pursuant to Section 5, paragraph 6 of this Policy and involving allegations of sexual misconduct, the accuser and the accused student shall each have the right to:

    be accompanied by a support person during the hearing (see Section 5, paragraph 6c of this policy regarding limited right to have a lawyer present.); and
    receive a written report from the Dean indicating the determination of the impartial party or panel and the sanction(s) imposed on the accused student, if any.

    Section 7: Miscellaneous

    The written decision resulting from an administrative conference or a hearing under this Policy shall become part of the student’s educational record and shall be subject to the provisions of the Family Educational Rights and Privacy Act (FERPA). While student educational records are generally protected from disclosure by FERPA, there are a number of exceptions to this rule. Students should be aware that a record concerning his/her behavior while a student at the College may be shared with other colleges or universities to which the student may subsequently wish to transfer or be admitted. Similarly, prospective employers may require a student to provide access to his/her College records as part of the employment application process. A record of having been sanctioned for conduct that violates Section 3 of the Policy may disqualify a student for admission to another college or university, and may interfere with his/her selection for employment.

    Any question concerning the interpretation or application of this Policy on Student Conduct should be referred to the President or his/her designee.

    Section 8: Publication of Student Conduct Policy

    This Policy shall be published in College catalogs and student handbooks and should be distributed in other ways that are likely to ensure student awareness of the Policy.

    Section 9: Policy Review

    Five years following adoption of this Policy, and as often thereafter as the Chancellor shall deem appropriate, the Chancellor shall designate a committee to review the Policy on Student Conduct, as necessary.

    Sexual Misconduct and Relationship Violence Statement

    To insure that each member of the Connecticut Community College community has the opportunity to participate fully in the process of learning and understanding, the Connecticut Community Colleges strive to maintain a safe and welcoming environment free from acts of sexual misconduct and relationship violence. It is the intent of the Colleges to provide safety, privacy and support to victims of sexual misconduct and relationship violence.

    Sexual Misconduct is defined as:

    Non-consensual sexual intercourse, which includes any sexual intercourse (anal, oral, or vaginal), however slight, with any body part or object, by a man or a woman, without effective consent.

    Non-consensual sexual contact, which includes sexual touching, however slight, with any object, by a man or a woman, without effective consent.

    Sexual exploitation, which includes non-consensual, unjust or abusive sexual advantage taken by a student of another, for his or her own advantage or benefit, or to benefit or advantage any one other than the one being exploited, and that behavior does not otherwise constitute non-consensual sexual intercourse, non-consensual sexual contact or sexual harassment. Examples of sexual exploitation include, but are not limited to: prostitution, videotaping consensual sex without a partner’s consent, peeping tommery and knowingly transmitting sexually transmitted infections without a partner’s knowledge.

    Definition of Consent

    Consent must be informed, freely and actively given, involving an understandable exchange of affirmative words or actions, which indicates a willingness to participate in mutually agreed upon sexual activity. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. Consent may not be given by a minor or by any individual who is incapacitated, whether voluntarily or involuntarily, by drugs and/or alcohol. Past consent of sexual activities does not imply ongoing future consent.

    Stalking is defined as:

    Any behaviors or activities occurring on more than one (1) occasion that collectively instill fear in the victim and/or threaten her/his safety, mental health and/or physical health. Such behaviors or activities may include, but are not limited to, whether on or off campus, non-consensual communications (face to face, telephone, e-mail, etc.), threatening or obscene gestures, surveillance or being present outside the victim’s classroom or workplace.

    Relationship Violence is defined as:

    Physical abuse, which can include but is not limited to, slapping, pulling hair or punching.

    Threat of abuse, which can include but is not limited to, threatening to hit, harm or use a weapon on another (whether victim or acquaintance, friend or family member of the victim) or other forms of verbal threat.

    Emotional abuse, which can include but is not limited to, damage to one’s property, driving recklessly to scare someone, name calling, threatening to hurt one’s pets and humiliating another person.

    Sexual harassment, which can include any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education; submission to or rejection of such conduct by an individual is used as a basis for academic decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic performance or creating an intimidating, hostile or offensive educational environment.  Examples of conduct which may constitute sexual harassment include but are not limited to:

    •        sexual flirtation, touching, advances or propositions
    •        verbal abuse of a sexual nature
    •        pressure to engage in sexual activity
    •        graphic or suggestive comments about an individual’s dress or appearance
    •        use of sexually degrading words to describe an individual
    •        display of sexually suggestive objects, pictures or photographs 
    •        sexual jokes
    •        stereotypic comments based upon gender
    •        threats, demands or suggestions that retention of one’s educational status is contingent upon toleration of or acquiescence in sexual advances.

    The definitions contained in this statement are in addition to any applicable provisions of state law.

    Confidentiality

    While the College will treat reports of sexual misconduct and relationship violence seriously and with sensitivity for all concerned, the College can not assure complete confidentiality in all instances with respect to such information, particularly when that information pertains to an offense or an alleged offender that may affect the safety of others on campus or is mandated to be reported.

    Time for Reporting

    Normally reports must be received by the Dean of Students or other designee of the President within thirty (30) days of the date of a possible violation or within thirty (30) days of the date the facts constituting a possible violation were known. However, the College recognizes that the decision to file a report of sexual misconduct or relationship violence is difficult and may take some time. Because memories may fade and witnesses may become inaccessible, the sooner information is gathered, the greater is the ability of the College to effectively investigate and resolve the matter fairly to all parties concerned.

    (Adopted October 18, 1976; amended
    February 19, 1979, April 20, 1981, July 20, 1981, November 16, 1987, and February 26, 1990, and entirely replaced February 26, 2007