Student Grievance

Student Code of Conduct

Preamble

Forsyth Technical Community College (Forsyth Tech) is a community comprised of students, faculty, administrators and staff.  The act of enrollment at Forsyth Tech includes an acceptance by the student of the rules of the community.  By enrolling, the student accepts the obligation to assist in making Forsyth Tech an effective place to learn to engage in the pursuit of truth, to develop a sense of self and contribute to the improvement of society.  Each enrolled student is expected to behave as a responsible adult, and Forsyth Tech assumes and requires that students who enroll in the various programs will maintain standards of conduct appropriate to the status of students at Forsyth Tech.

Forsyth Tech has an inherent responsibility to maintain order on its campus.  Therefore, any student who engages in behavior that is disruptive to or incompatible with the mission of the College will be subject to appropriate discipline as provided for in this code.

To this end, Forsyth Tech recognizes, declares and vests certain rights in each student enrolled at Forsyth Tech.

Student Rights

A. Legal Rights

All the rights and privileges guaranteed to every citizen by the constitution of the United States and by the state of North Carolina shall not be denied any student.  Furthermore, Forsyth Tech shall adhere to all of the statutes of the United States and the state of North Carolina.  Forsyth Tech has recognized the Student Government Association as the approved agency to voice students’ opinions and speak on institutional policies concerning students’ activities.

B. Rights of the Learner

The instructor in the classroom and in conference shall encourage free discussion, inquiry and expression.  Student performance will be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards.

C. Student Records

The Family Educational Rights and Privacy Act of 1974 (FERPA) provides safeguards regarding the confidentiality of, and access to, student records.  FERPA policies are described in more detail in the section of the catalog under Academic Advising and Registration.

D. Freedom of Association

Students are free to organize and join an association organized or existing to promote students’ program or career interests.  Student organizations must select a faculty advisor and submit a constitution to the Student Government Council.

E. Due Process

Due process procedures are established to guarantee the right of hearing, a presentation of charges and evidence for charges.  This will be done through the Student Conduct Committee.

General Campus Rules

The following is a general summary and classification of the major rules of student conduct, and any violation shall be considered a violation of this code of conduct.  For purposes of Forsyth Tech rules and regulations, Forsyth Tech grounds are defined as any location owned, leased, rented, controlled or otherwise occupied by Forsyth Tech or any division thereof.

Rule 1. Disruption and Disorderly Conduct

A student shall not engage directly or aid and abet in disorderly conduct that is intended to provoke violent retaliation or cause a breach of peace that disrupts, disturbs or interferes with the normal routine, activities or teaching of students, or that disrupts, disturbs or interferes with the peace, order or discipline on Forsyth Tech grounds.

Rule 2. Damage to or Destruction of Forsyth Tech Property

A student shall not intentionally, willfully or wantonly cause, or attempt to cause, substantial damage to be done to Forsyth Tech property or shall not steal, or attempt to steal Forsyth Tech property.

Rule 3. Damage to or Destruction of Private Property

A student shall not intentionally, willfully or wantonly cause, or attempt to cause, damage to private property of another or shall not steal or attempt to steal private property of another when on Forsyth Tech grounds or while attending a Forsyth Tech activity, function or event held off Forsyth Tech grounds.

Rule 4. Assault or Verbal Abuse of Forsyth Tech Employees

A student shall not intentionally cause, or attempt to cause, physical injury, verbal abuse or harassment or communicate a threat to a Forsyth Tech employee.

Rule 5. Assault or Verbal Abuse of Persons Other Than Employees

A student shall not intentionally cause, or attempt to cause, or threaten to cause physical injury, verbal abuse or harassment or communicate a threat or direct any profane language toward any other student or Forsyth Tech agent, guest or visitor at any time while such student is enrolled at Forsyth Tech or while such student is on Forsyth Tech grounds or is attending a Forsyth Tech activity, function or event held off Forsyth Tech grounds.

Rule 6. Weapons and Dangerous Instrumentalities

Possession of firearms in vehicles or on campus is prohibited at all times unless in accordance with House Bill 937/NCGS 14-269.2.

Rule 7. Narcotics, Alcoholic Beverages and Controlled Substances

A student shall not knowingly or negligently own, possess, use, transport or be at any time under the influence of any narcotic drug, alcoholic beverage or any other controlled substance (as controlled substance is defined by the North Carolina General Statutes or 21 U.S.C. subsection 812) while on Forsyth Tech grounds or during the time when a student is participating in any Forsyth Tech activity, function or event off Forsyth Tech grounds.  Use of any drug authorized by medical prescription from a registered physician shall not be considered a violation of this rule.  However, students shall be held strictly accountable for their behavior while under the influence of prescribed medicines.

Rule 8. Classroom and Campus Activities

A student shall comply with all directions of Forsyth Tech faculty, administrators or authorized personnel during any time when the student is under the authority of Forsyth Tech personnel.  A student on campus shall promptly identify himself to a Forsyth Tech official or campus police officer at all times upon reasonable request.  Furnishing of false information to any Forsyth Tech personnel including forgery, falsification or fraudulent misuse of any documents, records or identification cards is a violation. A student shall appear before Forsyth Tech officials or disciplinary bodies when so directed.  Any failure by any student to abide by these regulations in this Rule 8 shall constitute a violation of the Student Code of Conduct.

Rule 9. Academic Dishonesty, Cheating, and Related Offenses (Violation of Rule #9 will follow the Academic Appeals Process.)

It shall be a violation of Forsyth Tech’s Student Code of Conduct for a student to commit any one of the following acts:

1. Academic cheating, including but not limited to, unauthorized copying of academic work of another, collaboration for use of notes or books on examinations without prior permission of the instructor.
2. Plagiarism or the intentional presentation of work of another without proper acknowledgment of the source.
3. Fabrication and falsification or the intentional misrepresentation of any information or citation in an academic exercise.
4. Submission of substantial portions of the same academic work for credit more than once without authorization.
5. Abuse of academic materials in the form of destruction, theft or concealment of library or other resource material or of another student’s notes or laboratory experiments.
6. Complicity in academic dishonesty in helping or attempting to help another student to commit an act of academic dishonesty.

Rule 10. State and Federal Laws

A student shall not violate any state or federal laws while on Forsyth Tech campuses or while attending a Forsyth Tech activity, function or event off Forsyth Tech grounds.

Rule 11. Student Attire Code

Although Forsyth Tech students may dress informally, cleanliness and neatness of appearance must be maintained.  Shirts and shoes are required at all times while the student is on campus or at all times while such student is attending a Forsyth Tech activity, function or event off Forsyth Tech grounds. Special technical or vocational credit programs, such as the health credit and transportation programs, may require special attire for class, clinical or laboratory areas.  A student shall not attend classes or laboratory work conducted in the shop, clinical or laboratory areas if such student is in violation of the attire codes for such areas.

Rule 12. Involuntary Psychological or Psychiatric Withdrawal

It shall be grounds for immediate dismissal if and when it shall be determined in the reasonable discretion of the president or vice president of Student Services of Forsyth Tech that a student poses a threat to the physical well-being of himself/herself or others or if such student has a physical, mental or emotional condition of such a nature as to disturb or disrupt the normal and usual activities of other persons on campus.  A student shall agree to have a psychiatric evaluation when it appears to the satisfaction of the president of Forsyth Tech, or designee, that such examination is in the best interest of the student or Forsyth Tech or both.

Rule 13. Children in Classrooms or Shop Areas

Children are not allowed in classrooms or shop areas during class sessions, nor may they be left unattended in the library, in The Grill, student lounge or on campus grounds.

Rule 14. Roller Skating, Roller Blading and Skateboarding

For the safety and well-being of all Forsyth Tech students, employees and visitors, no one is permitted to roller skate, roller blade, or skateboard on sidewalks, parking lots or any other College property.

Rule 15. Cell Phone and Electronic Devices

The use of electronic devices (such as cell phones, laptops, netbooks, tablets, wearable and recordable devices, etc.) for learning purposes is permitted provided they do not disrupt the learning environment or create an academic integrity issue.  Forsyth Tech faculty or staff may, at their discretion, prohibit the use of any electronic device.  Students who do not comply will be considered in violation of the Student Code of Conduct and appropriate disciplinary action will be taken.

Rule 16. Student Computer Use Policy

A.   Computer System Accounts

1. Computer System Accounts are restricted to authorized student users who have been assigned a login ID and password.
2. Student users are responsible for the proper use of their accounts (including but not limited to TechLink, Blackboard and email).  This includes the protection of login IDs, Student IDs and passwords, as well as other responsibilities outlined in the College’s policies.
3. All students with Forsyth Tech email accounts must use the College email system when conducting College business.

B.   Acceptable Uses

1. Activities intended to facilitate the exchange of information in furtherance of education, service and research consistent with the mission of Forsyth Tech and the North Carolina Community College System.
2. Activities for the purposes of obtaining and in support of classroom and online instruction.
3. Activities that enhance and promote educational and other College activities.

C.   Prohibited Activities

The following are intended as guidelines and are not to be considered an inclusive or complete list of all prohibited activities:

1. Connecting any personally owned electronic devices, including but not limited to personal computers, to the College’s network ports.
2. Providing any unauthorized user access to the Forsyth Tech academic network.
3. Intentionally creating, modifying or copying files to or from any areas to which the user has not be granted authorized access.
4. Intentionally performing any activity that would cause network congestion, disrupt network operation or interfere with the work of other network users on the Forsyth Tech network or any other network.
5. Disguising one’s identity in any way, including the sending of falsified messages, removing data from system files and the masking of a process name.
6. Accessing any network computer, files or directories on any network computer that the user has not been authorized to use at Forsyth Tech or any other network.
7. Using the Forsyth Tech network or internet connection to view or transmit any communication where the content, transmission or distribution would violate any applicable local, state, federal or international law or regulation or Forsyth Tech policy or would likely be highly offensive to the recipient or recipients thereof.
8. Using the Forsyth Tech network or internet connection to view or access, download, send, store or receive pornography.
9. Using the Forsyth Tech campus network or internet connection for commercial purposes such as advertising or selling commercial offerings.
10. Using the Forsyth Tech network to access unauthorized personal information or other activities that would infringe upon or invade another individual’s privacy or violate the Privacy Act.
11. Violating the Virus Eradication Act by intentionally propagating or introducing a computer virus, worm, Trojan, other malicious software or any program designed to cause disruption to a computer or network.
12. Performing any action that would violate copyright laws and software license agreements. Forsyth Tech purchases licenses for use of a wide variety of copyrighted computer software.  The College does not own the copyright on this software or its related documentation and, unless authorized by the software developer or publisher, does not have the right to reproduce it.  According to the United States Copyright Law, illegal reproduction of computer software can be subject to civil damages and criminal penalties including fines and imprisonment.  Forsyth Tech does not condone the illegal duplication of computer software or the use of illegally duplicated software.  Students shall use computer software only in accordance with its licensing agreements.  Any student who makes, acquires or uses unauthorized copies of computer software shall be subject to disciplinary action.
13. Using Forsyth Tech computers and/or network in any criminal activities or performing any action that would violate the Federal Telecommunications Act of 1996, including, but not limited to, illegally accessing secured computer systems.
14. Performing any other computer related activity that would violate state, federal law/acts, including, but not limited to, the Family Educational Rights & Privacy Act (FERPA), the Health Insurance Portability & Accountability Act (HIPPA), Payment Card Industry (PCI) compliance or any policies and regulations of the College.

D.   Electronic Communications

1. In recent years, electronic communications, including, but not limited to, email (electronic mail) and instant messaging has become a major means of communication for employees and students both within the College and beyond.  Email use raises a number of issues including privacy of messages, email address publication, rights of discovery, acceptable use, harassment and storage.
2. This policy applies to all electronic communications, including, but not limited to, email established by the College for students, and clarifies the College’s electronic communications policies and account use.  Persons who are given access to the College’s email systems are expected to familiarize themselves with, and abide by, the policies in this document.  Because of the rapid advances in technology, this cannot be an all inclusive list.  Knowledge, intent and harm done will be assessed during any investigation and considered in any disciplinary action.
3. All communications and information transmitted by, received from or stored in the College’s electronic communications systems are Forsyth Tech’s records and the property of the College.
4. Users have no reasonable expectation of personal privacy with respect to any matter stored in, created, received or sent over College electronic communications systems.
5. The College may monitor student electronic communications for any reason, without the permission of any account user.  This includes possible monitoring of deleted files, metadata and other electronic information stored on the College’s central backup system or otherwise available as part of its data management.
6. A user does not have any greater right of privacy or otherwise diminish the College’s right of access by using passwords or other security measures on the College’s computer systems.
7. Files obtained from sources outside the College, including files attached to email, should not be downloaded or used without first scanning the material with industry standard virus-checking software.
8. The College’s policies against sexual or other harassment apply fully to the College’s electronic communication systems.  Therefore, NO electronic communication should be sent, printed or saved which contains material that is inconsistent with the College’s policies (e.g., policies against discrimination, retaliation and harassment, sexual or otherwise).   Students may notify the helpdesk if an email has been received that violates this policy.
9. Users should write electronic communications with no less care, judgment and responsibility than they would use for professional letters or internal memoranda on professional letterhead.
10. Those using the College’s electronic communications systems and services shall not employ a false identity. I t is a violation to originate email in such a manner as to create the impression to the recipient that the email originated from another source or individual.
11. Violations of the College’s email policy may result in disciplinary action.

E.  Data Security

1. The College’s information and data must be handled in such a manner that it will be protected from unauthorized or accidental disclosure, modification or loss.  Access to information and data available through the College’s network systems must be strictly controlled in accordance with approved access control criteria, which is maintained and updated regularly.  The College’s information and data is considered to be any piece of data or collection of data that pertains to the normal business and operation of the College.  This includes all student related information as well as College business and financial information.
2. This policy covers the general procedures and processes to follow when accessing College related data, which includes, but is not limited to, sensitive data such as social security numbers, student ID numbers, PINs, account numbers, credit card information, personal health information (PHI) and College ID.
3. Any printed College sensitive data must be protected and/or destroyed when no longer of value. This includes but is not limited to student records printed at registration, financial reports or other records. 

F.   Account Ownership

Computer System accounts and internet access are privileges provided to students by Forsyth Tech.  Forsyth Tech reserves the right to terminate network account and internet access without prior notice.

G.   Liability

Users are responsible for knowledge and compliance with any updates to this document.  Current edition and revisions will be posted on TechLink.  Users are solely responsible for all activity with respect to their accounts, electronic communications and data security.  Activities or violations that trigger an investigation and findings of culpability may result in a range of disciplinary actions.

H.   Abuse Notification

In the event of a violation, Forsyth Tech will take action according to college policy. In the event of violation(s) of local, state, federal or international laws and regulations, Forsyth Tech will cooperate with the appropriate investigative agencies.

I.   Privacy Notification

You DO NOT have a reasonable expectation of privacy with regard to your computer use, computer system accounts, electronic communications or data, including but not limited to, your email, files and all other account activity.  Selective and continuous monitoring is in use, including, but not limited to, monitoring software.

Rule 17. Unauthorized Distribution of Copyrighted Material

Copyright infringement is the act of exercising, 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, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq.

Violation of the Code of Conduct

The following are the degrees of disciplinary action that may be taken as a result of violation of the Student Code of Conduct:

1. Verbal Warning - A verbal warning that the specific behavior/condition will not be continued or repeated or further disciplinary action will be taken
2. Warning - A written notice to the student that continuation or repetition of specified conduct will be cause for further disciplinary action.
3. Disciplinary Probation – This action is intended to make clear to students the limits of acceptable behavior and to give students who violate the rules an opportunity to more fully understand the rules and incorporate the experience into his/her overall development. Assigned discipline may be in one of three categories depending on the level of severity of the offense. They include 1) general probation, 2) restrictive probation, and 3) dismissal.

• General Probation:  General Probation is granted to give the student a chance to show his/her capability and willingness to observe the Student Code of Conduct without further penalty. If the student violates the code again, additional sanctions will be imposed. Verbal warnings are included as a sanction of general probation.

• Restrictive Probation:  Restrictive Probation results in loss of good standing and notation of this is made in the individual’s record. Restrictive conditions may limit activity in the College community.  The individual will not be eligible to participate in or be associated with any local or national organization affiliated with Forsyth Tech during the specified time of probation and will not receive any College award or other honorary recognition during this probationary period. Any violation of Restrictive Probation may result in immediate dismissal.

• Dismissal:  Misconduct during the probationary period or violation of any conditions of the probation may result in further disciplinary action, normally in the form of “Dismissal.”

Both General and Restrictive Probation warrant a written disciplinary action which serves as an official notice for a specified period of time during which a student must demonstrate conduct that conforms to the Student Code of Conduct at Forsyth Tech.

1. Restitution - Reimbursement for damage to or misappropriation of property.  Reimbursement may take the form of appropriate service to repair or compensate for damages.
2. Suspension - Exclusion from class or classes and other student privileges or activities as set forth in the notice of suspension.
3. Dismissal or Expulsion - Termination of student status for a definite period of time.  At the end of this period of expulsion, the student is eligible to apply through the academic dean of the division for consideration for re-admission.
4. Other - Other types of discipline as set forth in campus rules and regulations consistent with the incident involved.

If, as a result of a violation of the Student Code of Conduct, a student is dismissed from class or classes, the student may receive a failing grade(s), and the disciplinary dismissal will be recorded in the student’s permanent record.

The conviction of a student of a criminal offense involving personal misconduct of a kind, which, if condemned by the College, would reflect dishonor or discredit on the college, shall be sufficient grounds for suspension or dismissal of such students.

Enforcement Procedures

Student conduct on a Forsyth Tech campus or student conduct during a Forsyth Tech activity, function or event held off Forsyth Tech grounds that violates federal and/or state and Forsyth Tech regulations may be dealt with in the following manner:

1. The student may be turned over to the civil authority and subjected only to the penalties imposed by that authority.
2. The student may be subjected to sanctions imposed both by the civil authorities and Forsyth Tech.
3. The student may be subjected to sanctions imposed by Forsyth Tech, notwithstanding the fact the civil sanctions may not be imposed.
4. The vice president of Student Services or the conduct officer in his or her absence can immediately dismiss a student who is found in possession of a dangerous weapon or who otherwise in his or her estimation poses an immediate threat to the safety of the campus.

Disciplinary Procedures

A. Instructional Areas

Any instructor may request a student to leave a class, laboratory, shop or clinical area when, in the opinion of the instructor, the student’s conduct or personal demeanor disrupts normal classroom activities.  If the student refuses to leave the class, the instructor may call Campus Police for assistance. The instructor, identifying the student and the cause for dismissal from class, will immediately notify in writing the division dean and the conduct officer of actions taken.

The burden of requesting re-entry to class, laboratory or clinical areas will be upon the student involved. Request for re-entry must be made in writing to the instructor before the next class meeting.  If the instructor is uncomfortable readmitting the student to class, she or he should refer the student to the counseling staff.  If the instructor does not readmit the student, the instructor will send a written report (approved by the division dean) to the student, the vice president of Instructional Services and the conduct officer.  If disciplinary action is warranted, the vice president of Student Services will contact the conduct officer.

B. Non-Instructional Areas

Any employee or student may file a written complaint for disciplinary action against any student enrolled at Forsyth Tech for violations of the Student Code of Conduct.  The Campus Police may temporarily remove a student from campus when the student is jeopardizing the safety and security of faculty, staff and/or the student body; a written complaint must then be filed.  The complaint must be filed with the vice president of Student Services or his/her designee who will promptly investigate the complaint and make a decision regarding referral of the complaint to the conduct officer.

Student Conduct Committee

The violation of any rule contained in the Student Code of Conduct will be handled in the following manner.

1. The vice president of Student Services will contact the conduct officer notifying him or her of the nature of the infraction.
2. The conduct officer will meet with the accused individual within two working days and notify the student of: 
   1. The charges
   2. Possible sanctions
   3. The right to an objective and fair hearing
   4. The composition of the conduct committee
   5. The right to request postponement
3. The conduct officer will schedule a hearing within two working days.
4. The conduct committee will conduct a hearing to decide whether the accused student is guilty or innocent.  The committee will give its findings and recommendations for sanction(s) to the vice president of Student Services who will in turn review the recommendation of the committee and insure that due process was followed.  The vice president will decide to uphold, reduce or increase the recommended sanction and inform the student of the same either in person or by registered mail.
5. The student then has the right to appeal the decision to the appeals committee (see appeals committee section of the conduct code).
6. The next step in the appeal process after the appeals committee will be to the vice president of Student Services whose decision in most cases is final.  An appeal may be made to the president only in unusual circumstances.  Since the conduct hearing is an internal administrative process and not a court of law, no attorneys will be permitted during the hearing process.  If the student chooses to bring an attorney, the attorney must wait outside.

Student Appeals Committee

The Student Appeals Committee will review the appeal of any student who feels that they did not receive due process from the conduct hearing and the subsequent recommendation of the vice president of Student Services.

The appeal will be heard under the following conditions within five working days of receipt of the confirmed appeal:

1. The student must submit a written statement within three days of the imposed sanction explaining why they feel that they did not receive a fair hearing to the vice president of Student Services who will forward the statement of appeal to the committee chairperson.  The chairperson may return the appeal to the student to clarify, provide additional information or to state reasons for the appeal.  The chairperson may reject the appeal if policies and procedures have not been followed by the student or there is sound reason to reject the appeal.
2. The committee’s review will focus primarily on whether or not due process was followed and secondarily on the appropriateness of the sanction not on the validity of existing policies of Forsyth Tech.  The committee reserves the right to suggest to the vice president of Student Services that a current policy be examined for continued value to Forsyth Tech.
3. The committee will submit its recommendation to the vice president of Student Services, who will make a final decision and notify the parties involved.
4. Records of the proceedings of the Student Appeals Committee are available upon written request to the vice president of Student Services.
5. The student must obtain special permission from the vice president for Instructional Services to attend classes pending resolution of the case on appeal.

Appeal of Admission Decision

A student must submit a written request to appeal an admissions decision to the vice president of Student Services.  The vice president of Student Services will, in turn, give the appeal to the Student Appeals Committee to hear and make a recommendation.  The committee will submit those recommendations to the president who will make a final decision.

Appeal of Residency Decision

All residency determinations will be made by CFI and not Forsyth Tech.  The Residency Determination Service will provide separate processes to reach a residency classification.  Most students will only be required to complete the initial consideration process.  The reconsideration and appeal processes are for those students who experience a change in circumstances (reconsideration) or who have not had a change in status and believe their residency classification is incorrect (appeal).

All appeals are handled through Residency Determination Service at www.ncresidency.org. 

Behavior Intervention Team

The goal of the Behavior Intervention Team at Forsyth Tech is to provide assistance to potentially at-risk students who may be of harm to themselves or others.  The team utilizes the NaBITA Threat Assessment Rubric to classify threats, collecting a holistic view of the situation.  A student can be referred to the Behavior Intervention Team through Student Code of Conduct, Mandatory Counseling, or Department Chairs, Program Coordinators or Deans.  The team’s primary focus is preventative rather than punitive, with the main goal of assisting students to succeed on campus. 

Definition of Academic Dishonesty

The following are further explanations of violations of Rule 9.

A. Plagiarism:

Definition: The intentional presentation of the work of another as one’s own without proper acknowledgement of the source.  The sole exception to the requirement of acknowledging sources is when the ideas or information are common knowledge.

Plagiarism as the result of misunderstanding or misapplying the rules of documentation may be unintentional, but it is still plagiarism.  Plagiarism includes but is not limited to:

1. Copying from a written source, another student or a database (whether professional or nonprofessional; whether published or non-published) without proper citation in either a document or a speech.
2. Rewording (paraphrasing) or summarizing someone else’s material without proper citation in a document or a speech.
3. Failing to cite word-for-word passages in a document or a speech.
4. Using purchased pre-written materials (including computer programs and files, research designs, distinctive figures of speech, ideas and images, or generally any information belonging to another) as the student’s own or having someone else do the student’s work.

B. Cheating:

Definition: Intentional use or attempted use of unauthorized materials, information, notes, study aids, devices or other assistance in any academic exercise.  This definition includes unauthorized communication of information during an academic exercise. Cheating includes but is not limited to:

1. Copying from another student’s paper or receiving unauthorized assistance during a quiz, test or examination. 
2. Procuring, without authorization, tests or examinations before the scheduled exercise (including discussion of the substance of examinations and tests when it is expected it will not be discussed).
3. Copying reports, lab work, computer programs or files and the like from other students.
4. Collaborating on laboratory or computer work without authorization and without any indication of the nature and extent of the collaboration.
5. Sending a substitute to take an examination.
6. Receiving assistance in locating or using sources of information in an assignment where such assistance has been forbidden by the instructor.

C. Fabrication and Falsification:

Definition: Intentional alteration or invention of any information or citation in an academic exercise. Falsification refers to the alteration of information, such as altering research, clinical or practicum data. Fabrication refers to the invention or counterfeiting of information, such as inventing research or clinical data or records.  It would also include altering grade reports or submitting false records for tardiness and absences for scheduled academic exercises.  Altering a returned examination paper and seeking re-grading also constitutes falsification.

D. Multiple Submissions: Definition:

The submission of substantial portions of the same academic work (including oral reports) for credit more than once without authorization, including submitting the same paper for credit in two courses without instructor permission.

E. Abuse of Academic Materials: Definition:

Intentional destruction, theft or concealment of library or other resource material or of another student’s notes or laboratory experiments.

F. Complicity in Academic Dishonesty:

Definition: Intentionally helping or attempting to help another to commit an act of academic dishonesty, such as those acts noted above.  Collaboration and sharing information are characteristics of academic communities.  These become violations when they involve dishonesty. Students should seek clarification when in doubt.

Policies

Policy on Compliance with the Americans with Disabilities Act

A policy on compliance with the Americans with Disabilities Act (ADA) is in effect at Forsyth Tech and published in the Employee Handbook.  The board of trustees of Forsyth Tech intends to comply with the requirements of the Americans with Disabilities Act and provide access to education for persons with disabilities as part of the mission of the institution.  The coordinator of Disability Services/ADA for Forsyth Tech should be contacted with questions or concerns regarding the ADA.

Infectious Disease Policy

Forsyth Tech is committed to ensuring, as far as possible, that each employee and student enjoy safe and healthful work and/or study conditions.  To this end, the College offers the following information for students and employees.

This policy information presents the procedures to be used by Forsyth Tech to protect those students and employees who may be exposed to infectious diseases and blood-borne pathogens.  Blood-borne pathogens include, but are not limited to, the human immunodeficiency virus (HIV), which is the causative agent for acquired immune deficiency syndrome (AIDS), and hepatitis B virus (HBV).  These procedures are based on written requirements published in the Federal Register (29 CRF 1919.1030).

Persons infected or reasonably believed to be infected with communicable diseases shall not be excluded from enrollment or employment or restricted in their access to the institution’s services or facilities unless medically-based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the individual, welfare of other members of the institution, or welfare of client, staff or students in a clinical area.

Persons who know or have a reasonable basis for believing that they have an infectious/communicable disease that may pose a threat to others have an obligation to conduct themselves in accordance with such knowledge so as to protect themselves and others.  Accordingly, employees should report this information to the Human Resources director, and students should report to the vice president of Student Services.  All information will be kept confidential except to those persons determined by the Human Resources director and vice president of Student Services, as having a need to know.  These persons will be informed after the individual is advised that such action will be taken.

It is the further declared policy of Forsyth Tech that its faculty, administration and staff will conduct a continuing information program for all areas of Forsyth Tech personnel regarding communicable diseases and disabling illnesses.

Drug-Free Student Policy

Drug use and abuse by students have become major concerns in our society.  These problems are extremely complex with no easy solutions.  Drug use may impair the well-being of all students and the educational environment and may lead to damage of Forsyth Tech property.

Therefore, it is the policy of Forsyth Tech that the unlawful manufacture, distribution, possession or use of a controlled substance is prohibited while on Forsyth Tech grounds.

1. Forsyth Tech does not differentiate between drug users and drug pushers or sellers.  Any student who gives or in any way transfers or aids and abets in the transfer of a controlled substance to another person or sells or manufactures or aids and abets in the sale or manufacture of a controlled substance while on Forsyth Tech premises will be subject to disciplinary action up to and including suspension from school.
2. The term “controlled substance” means any drug listed in the North Carolina General Statutes or 21 U.S.C. subsection 812 and other federal regulations.  Generally, these are drugs that have a high potential for abuse.  Such drugs include, but are not limited to, heroin, marijuana, cocaine, PCP and “crack”.  They also include legal drugs that are not prescribed by a licensed physician.
3. The counseling staff will conduct drug awareness and education workshops for students each semester.  Individual counseling sessions and educational materials will be available in Counseling, Career and Disability Services at all times.
4. The counseling staff will include in orientation sessions reference to drug policies, drug awareness and sources for assistance.
5. The counseling staff will be available to lecture and assist instructional staff with class presentations to help educate students regarding the health risks of alcohol and drug abuse.
6. The counseling staff will have available referrals for treatment and more extensive assistance.
7. The counseling staff will biennially assess the institutional environment by reviewing data from Campus Police, Counseling, Career and Disability Services, instructors and other community resources to guide educational program development for students.

Crime Awareness and Campus Security Act

Staff, faculty and students of Forsyth Tech are encouraged to report all criminal actions and other related emergencies to the Campus Police, located in the Carolina Annex, Main Campus.  A special emergency number has been established.  Staff, faculty and students may dial extension 7911 from any campus telephone (excluding pay telephones) and receive immediate assistance.  Pay telephones provided throughout campus locations are available for students to dial 911 for immediate assistance.  In addition, the College has installed red emergency phones throughout the campus.  Upon picking up the receiver, the phone automatically dials the 7911 emergency number.  Upon receipt of a call, a Campus Police officer is assigned to respond.  The call is documented if necessary, investigated and processed by the investigating officer. If necessary, or where appropriate, an outside agency such as the Winston-Salem Police Department maybe contacted for assistance.  Other staff of the College, such as the vice president of Student Services, may also become involved where appropriate.

All complaints are reviewed and, where appropriate, action is taken by the director of Campus Police. Further review and action may occur up through the chain of command, including the president and board of trustees.

A sworn Campus Police officer is on duty at all times regular classes are in session.

Forgery and Related Offenses

It shall be a violation of Forsyth Tech’s code of conduct for a student to commit any one of the following acts:

1. Academic cheating, including, but not limited to, unauthorized copying of academic work of another, collaboration for use of notes or books on examinations without prior permission of the instructor.
2. Plagiarism or the intentional presentation of work of another without proper acknowledgement of the source.
3. Fabrication and falsification or the internal misrepresentation of any information or citation in an academic exercise.
4. Submission of substantial portions of the same academic work for credit more than once without authorization.
5. Abuse of academic materials in the form of destruction, theft or concealment of library or other resource material or of another student’s notes or laboratory experiments.
6. Complicity in academic dishonesty in helping or attempting to help another student to commit an act of academic dishonesty.
7. Furnishing of false information to any Forsyth Tech personnel including forgery, falsification or fraudulent misuse of any documents, records or identification cards.

Sexual Harassment Policy

Forsyth Tech is committed to promoting an atmosphere in which all members of the college - faculty, staff and students - may work free of sexual harassment and provides for an orderly resolution of complaints of sexual harassment.  All members of the College are expected and requested to conduct themselves in such a way that contributes to an atmosphere free of sexual harassment.  Sexual harassment of any employee or student is a violation of the policies of the College, as well as state and federal law, and will not be tolerated.  Anyone who violates this policy will be disciplined in accordance with appropriate disciplinary procedures.  Sexual harassment is defined as deliberate, unsolicited, unwelcome verbal and/or physical conduct of a sexual nature or with sexual implications made by any employee or student when:

1. Submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic or student status.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or decisions regarding a receipt of grades affecting that individual.
3. Such conduct has the purpose or effect of interfering with an individual’s performance or creating an intimidating, hostile or offensive environment in the workplace or the classroom.

Any student or employee who believes that he or she has been subjected to sexual harassment in violation of this policy should file a confidential complaint to the vice president of Student Services or the director of Human Resources for employees.  An investigation of these allegations will be conducted promptly and appropriate action taken.

Sexually harassing behavior may include offensive sexual flirtation, advances, propositions; continued or repeated abuse of a sexual nature; graphic verbal commentary about an individual’s body; sexually degrading words used to describe an individual; and the display in the workplace or on campus of sexually suggestive objects or pictures.

Student Grievance Policy

Preamble

Forsyth Tech is committed to the principle of fair and equitable treatment and mutual respect for all members of the college community, especially students.  When a student believes that he or she has been treated unfairly by an employee of the College it is our intention to insure that the student has clearly defined avenues of recourse such that the complaint can be resolved fairly and equitably.  It is preferable that the complaint be resolved informally; however, when that is not feasible, this policy will insure that a formal process for resolution is available.

Definitions

Student: A student is defined as any person currently enrolled in any course or program offered by Forsyth Tech.  This includes high school or those individuals enrolled through distance learning.

Prospective Student: Any individual who has applied to the College, but has not been admitted to a specific program.

Department Chair: The individual who is in charge of one or more academic programs.  This is the first major level of supervision to which an official grievance can be filed.

Dean: This individual is the immediate supervisor of all the department chairs or directors within a given academic or administrative division.

Division Vice President: This individual has supervisory responsibility for the deans in a given division and for the respective academic or administrative division overall.

Academic or Administrative Division: The academic and administrative divisions of the College are Business Services, Economic Workforce Development, Institutional Advancement, Information Services, Instructional Services, and Student Services.

President: The president is the chief executive officer of the College.

Grievance: A grievance is defined as a complaint or dispute of a student regarding the College with respect to the following:

1. The interpretation and application of the policies and regulations of the College or the North Carolina Community College System in areas other than disciplinary or academic appeal decisions addressed through the Student Code of Conduct.
2. Acts of retaliation as a result of the grievance procedure.
3. Complaints of discrimination on the basis of national origin, race, creed, religion, political affiliation, gender, sexual orientation/preference, age or disability.
4. Actions that violate the constitutional rights of individuals.

Grievance Advisor in the Student Success Center: A grievance advisor serves as an informal, independent, neutral and confidential problem-solving resource for student grievance related issues. This individual’s services will be consultative in nature and will help the student clarify or reframe issues, develop options and understand policies and procedures.  While students are not required to use these services, they are strongly encouraged to do so.  Requests and consultations are kept confidential.  A grievance advisor could serve as an intermediary/facilitator or mediator when disputing parties are deadlocked.

What may not be accepted as a Student Grievance?

1. Grievances may not be used to challenge College policies and general procedures.
2. Claims based on purchases or contracts.
3. Claims against an employee on matters that are unrelated to the employee’s job or role at the College.
4. Disciplinary decisions will be handled through the Student Conduct Committee.
5. Grade appeal decisions will be handled through the academic appeals component of the Student Code of Conduct.

LEVEL 1
The Informal Stage

Note: The interests of all are best served when complaints are resolved at the lowest possible level of the organization structure, thus an attempt should be made to resolve all student complaints in an informal manner.  Any employee of the College receiving a complaint concerning a colleague shall encourage the student to speak with the College employee involved.

Step 1: Discussion with College Employee 
The student should first discuss the situation with the College employee involved, before filing a formal grievance.  If the student is uncomfortable doing so, he or she should meet confidentially with a grievance advisor in the Student Success Center.

Step 2: Discussion with College Employee Supervisor 
If the student has already discussed the matter with the College employee or refuses to do so and desires to pursue the complaint, the student will be directed to meet with the department chair or administrative supervisor; if the complaint involves a department chair, the student should contact the dean.  Upon hearing the complaint, the department chair or administrative supervisor should attempt to facilitate resolution by encouraging further discussions between student grievant and the College employee, using a grievance advisor if necessary.

LEVEL 2
Formal Written Complaint

Step 1: Written Grievance to the Student Services Division 
If the grievance cannot be resolved informally (Level 1), the student should contact the office of the vice president of Student Services and complete the Student Grievance Form.  The vice president will submit the completed form to the department chairperson or administrative supervisor, with a copy to the College employee involved in the complaint. The College employee may choose to send the chair or supervisor a written response to the complaint.

Step 2: Supervisor Review 
The vice president will review the written complaint and meet with both parties as necessary. He or she will then provide, within ten working days, a written response to the student complainant and College employee.

LEVEL 3
Appeal to the Division Vice President

Step 1: Student Appeal of Supervisor Review 
If the student wishes to appeal the Level 2 decision, he or she will request an appeal in writing to the appropriate division vice president.  The dean or dean-level administrator will provide to the division vice president all written materials initially provided for the Level 2 decision and the responses.  Prior to reviewing the complaint with the appropriate parties, the division vice president will provide an opportunity for the College employee and the student grievant to submit additional materials related to the written complaint.  The division vice president should inform the vice president for Student Services of the decision rendered.

Step 2: Reporting of Final Decision 
Once this report is completed, the complainant and employee will be informed of the decision by the originating vice president.  In a case of a finding in favor of the student, a report of the finding will be filed with the Human Resources office.

LEVEL 4
Presidential Review

While the decision of the vice president is final regarding the facts of the complaint, upon request, the president may review the grievance based on issues of due process, equal treatment or other constitutional rights.

Time Limits

The informal resolution discussion should be initiated within 10 days of the decision, action or events giving rise to the grievance.

The formal written resolution process should be initiated within 15 days of the conclusion of the informal resolution process.  At each level thereafter, the appeal will be filed within 10 days of the resolution of the previous stage and the review process at each stage will be completed within 15 days of the appeal being filed.