Human Resources Policies

POLICY:  Americans with Disabilities Act (ADA) & the Americans with Disabilities Amendment Act (ADAA)
ADOPTED:  September 17, 2015

POLICY STATEMENT:

It is the policy of North Country Community College (“NCCC”) to comply with the ADA and the ADAA.  NCCC will not discriminate against any applicant and/or employee with disabilities in regards to application procedures, hiring, promotion, termination, compensation, training or any other conditions or employment.  Equal access to any and all opportunities and applicable benefits (see applicable Collective Bargaining Agreement) will be provided to all applicants and/or employees. 

SCOPE: 

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAA) prohibits employers with 15 or more employees from discriminating against applicants and/or employees who have disabilities and to provide reasonable accommodation to qualified applicants and/or employees so they can perform the essential duties of their job.  Such reasonable accommodation must not create an undue hardship on the facility.

POLICY:

NCCC will reasonably accommodate any qualified applicant and/or employee with a disability to aid in performing the essential functions of their job providing that the accommodation does not cause any undue hardship to the facility or any direct threat to the individual or others in the workplace. 
Qualified applicants with an accommodation will receive the same consideration for employment as all other applicants.  Qualified applicants who require an accommodation that will cause an undue hardship on the facility or that which will pose a direct threat to themselves or others in the work place will not be considered for hire.
Current employees who request and are provided an accommodation to aid in performing the essential duties of their jobs will be provided the same benefits and privileges of employment as are provided to employees without disabilities.
When an individual with a disability requests an accommodation that can be reasonably accommodated without undue hardship or causing a direct threat to themselves or others in the workplace, such accommodation will be provided.
Providing a reasonable accommodation does not imply that NCCC must set lower standards for an applicant and/or employee with a disability.  It solely implies that NCCC will work with the individual to determine if an accommodation can be made that will allow the individual to perform the essential functions of the job.

DEFINITIONS:

1. Qualified Disability: A physical, mental or emotional impairment that prevents or substantially limits an individual from performing a major life activity such as (but not limited to): sitting, standing, walking, reaching, lifting, hearing, breathing, seeing, speaking, learning, or caring for oneself.  Temporary conditions with a short duration with little to no long-term impact are typically not considered a qualified disability and are not covered under the ADA/ADAAA.
2. Qualified Individual with a Disability: An individual who has the skills, educations, experience and certification/license if applicable required and who can perform the essential functions of the job with or without reasonable accommodation.
3. Reasonable Accommodation:  A change in the work environment or in the way things are customarily done. 

POLICY:  Camping and Use of Tents on Campus 
ADOPTED: February 2026

POLICY STATEMENT:

North County Community College is committed  to maintaining a clean, aesthetically pleasing, healthy, hygienic and safe work, educational, and living environment in order to effectively carry out its educational mission.

SCOPE:

This policy is applicable to all North Country Community College students and staff.

DEFINITIONS:

Prohibition of Camping:

• At indoor or outdoor locations, the establishment of, or evidence of an attempt to establish, or maintenance of any temporary or permanent living quarters at any location on College property other than in living quarters in residence halls and living quarters in apartments, or other College-affiliated housing is This includes the establishment of any indoor and/or outdoor encampment erected in connection with any assembly of individuals pursuant to North Country Community College policies;
• Sleeping overnight in or under any parked vehicle on College property; or
• Establishing or maintaining indoors or outdoors, or in or under, any structure not designated for human occupancy, at any time during the day or night, or a temporary or permanent place for cooking, storing of personal belongings, or sleeping by setting up any bedding, sleeping bag, mattress, tent, hammock or other sleeping equipment, or by setting up any cooking equipment that has not been previously approved in writing by the Facilities and Grounds Department of the College.

Campus or Campuses is any College owned, leased, licensed or operated space, facility, property, grounds or building.

College refers to North Country Community College.

Tent is any and all structures, enclosure or shelter constructed of any material, including but not limited to fabric or pliable materials supported by any manner.

POLICY:

Camping is prohibited on North County Community College.

• Exceptions
  1. Actions that constitute “camping” as defined above may be allowed with prior, written permission in the following limited circumstances:
     1. With the advance written approval of the Associate Vice President for Student Affairs (AVPSA) following the appropriate campus procedures below.
     2. In extraordinary circumstances, such as times of natural disaster, when approved in writing in advance by the College President or their designee.

ENFORCEMENT AND COMPLIANCE:

The Associate Vice President for Student Affairs (AVPSA) office is responsible for addressing non-compliance with this policy by all persons and may address violations of this policy that constitute criminal trespass or any other violation of this policy that constitute criminal trespass or any other violations of law.

Students may be referred for discipline for alleged violation of this Policy as applicable under the Student Code of Conduct.

This Policy shall be effective immediately upon approval.

RELATED DOCUMENTS:

Regulations:

• 8 NYCRR Part 535
• Fire Code of New York State, 2015

SUNY Policies:

• 3653 – Rules for the Maintenance of Public Order
• 5607 – Commercial Use Policy
• 5603 – Use of Facilities by Non-Commercial Organizations

POLICY: Campus Access Policy
ADOPTED:  June 24, 2021

POLICY STATEMENT:

As part of the College’s mission and our desire to most effectively serve our communities, while at the same time ensuring the safety and security of our students and employees, the College has limitations on campus access by the College community as well as the larger general public. This policy should not be confused with Use of Facilities Policy by non-college organizations and groups. There are many occasions when outside organizations or groups desire to use the College’s facilities, and as a public institution with an open access policy, it is our desire to accommodate those requests, where possible. For more on that, see our Use of Facilities Policy.

SCOPE:

The policy applies to all full-time and part-time students and employees of the College and those affiliated groups which support the College, including the members and employees of the North Country Community College Association and the North Country Community College Foundation. It also applies to all members of the public. The use of College facilities is monitored and regulated by procedures enforced by the Vice President for Academic Affairs, Chief Financial Officer, the Associate Vice President of Student Affairs, Vice President of Marketing and Enrollment, and/or the Campus Coordinators.

POLICY:

It is the policy of North Country Community College that students, faculty, staff and affiliated groups have access to the academic, administrative and recreational facilities during normal operating/open hours at each of our campuses. Faculty and staff who desire to use the College facilities off-hours for non-college related activities, need to request access in advance of the use by written request to their respective supervisor(s).

As part of the educational process, guest speakers/visitors are regularly invited to the College to participate in or lead a classroom discussion or presentation, to serve on program/campus advisory boards, to enrich the student life experience, to host job fairs and transfer fairs, and to lead professional development, among other things. In all of these cases, the individual is invited to the College by a member of the campus community and any and all approvals are secured in advance of the use by written request to the appropriate supervisor/office.

The general public is welcome to attend athletic, cultural, recreational and other-related College and community events that are held on-campus, many of which are advertised. The public can also access the libraries on each campus and may utilize the Sparks Athletic Complex at the Saranac Lake campus as part of Community Recreation upon payment of the fee associated with this use.

With the exception of athletic and other open college events, visitors may be required to sign in and provide identification for security purposes.

All those using the College’s facilities, whether employed by the College or an affiliated group, or a guest of the College, are required to abide by a common set of behavioral guidelines which are outlined in the Code of Conduct of the College. Specific activities that are prohibited include, but are not limited to, the following:

• Failure to comply with directions of a College official or approved vendor acting in the performance of their duties.

• Failure to show proper identification to a requesting College official or approved vendor acting in the performance of their duties.

• Falsifying information, including forgery, alteration, or intentional misuse of College documents, records, or identification or failure to provide required records as requested.

• Theft or damage to College property or property of a member of the College Community, including guests.

• Unauthorized possession, duplication, or use of keys to any College property, premises, or vehicles or unauthorized entry or use of any College facilities.

• Disorderly, lewd, indecent, or obscene conduct or aiding or procuring another individual to breach the peace or act in such prohibited fashion.

• Disruption of teaching, programming, administration, elections, judicial proceedings, or any other College sanctioned activity or the normal operations of a College event on campus.

• Tampering with safety equipment, including but not limited to fire alarms, fire extinguishers, or emergency exits.

• Possession of or being under the influence of alcohol or other mood-altering drugs. We are an alcohol and drug-free campus, thus possession of any non-prescribed mood-altering drug is not allowed and alcohol on campus is permitted only with the express prior written approval of the College President or the Board of Trustees.

• Unauthorized possession of firearms and other dangerous weapons as defined by New York State’s Penal Law Article 265 or explosives, or dangerous chemicals while on the campuses/sites of the College or at sanctioned off-campus events.

• Unauthorized use of the name of North Country Community College or a College related organization, or claiming to speak or act in the name of the College or any related departments. All official North Country Community College news releases (other than drama or athletic activities) shall be first approved and channeled through the President’s Office. All news releases will be prepared and distributed by the College staff member designated by the President.

Note:  The College has a separate policy for Children on Campus. 

POLICY:  Chosen Name and Gender Identity Policy
ADOPTED:  April 28, 2023

SCOPE:

This policy applies to all students, all full-time and part-time employees of the College, the Board of Trustees and those affiliated groups which support the College including the employees of the NCCC Association and the NCCC Foundation. 

POLICY:

North Country Community College and the State University of New York recognize the need or preference for students and employees to refer to themselves by a chosen name or a chosen gender identity. This is consistent with Title IX federal law and NYS GENDA Law, which protects against discrimination based on gender identity and expression, and is currently recognized as a best practice for supporting transgender and gender non-conforming members of college communities. This service is not limited to use by transgender and gender non-conforming individuals, however, and is available to anyone who uses a chosen first name or gender identity.  

Where a student or employee seeks to use a chosen name or gender identity, and such use is not intended for the purposes of avoiding legal obligations, in jest, or for misrepresentation, the College acknowledges that, where required, a chosen name or gender identity can be used in the course of College business and education.  The College reserves the right to remove a chosen name if deemed inappropriate or if the legal name may need to be used for federal and state requirements.

A chosen name and gender identity in College systems is an ongoing process and requires resources that may not be readily available. Not all College information systems, databases, and processes may be able to display a chosen name or gender identity and many uses of an individual’s name require display of the legal name or of the individual’s sex as assigned at birth for federal and state requirements; therefore, individuals who utilize a chosen name or gender identity should always be prepared to reference their legal name and sex and provide corresponding identification when necessary.

The chosen name will be utilized in the student information system and classroom management systems where deemed appropriate by NCCC. The legal name will appear in all other records and documents, including but not limited to diplomas, certificates, and transcripts.

The use of personal gender pronouns to self-designate one’s gender identity will be permitted in all college functions. All members of the College are expected to use another person’s chosen gender pronouns if they are known.

IMPLEMENTATION:

• The chosen name may be used in some College communications and informational materials, except where the use of the legal name is required by College business or legal need. This may include but is not limited to financial, medical, and law enforcement documents; transcripts; W-4 forms; I-9 forms; 1098-T forms; payroll documents; Visa/immigration documents; employment applications and related documents; background check documents; insurance documents; and student conduct records;
• Chosen names are limited to alphabetical characters (a-z);
• Chosen name changes may be requested once per academic year;
• Employee or Student IDs will be reissued upon request once a name change is approved and processed by the College;
• No costs will be incurred by the student or employee for initiating a chosen name process;
• The College’s admissions applications and employment applications will be maintained with the following data elements in order to ensure compliance with state and federal laws and regulations as well as adherence to gender non-conforming best practices:
  • Sex Assigned at Birth – This will be a binary field allowing only male and female as choices; the College will use this response to fulfill its reporting obligations to state and federal agencies requiring binary sex;
  • Gender Identity – This will allow various options, including X, as choices. The selection of X as the person’s gender identity will be recognized as the chosen gender identity of the individual in all applicable College processes.
    

REFERENCES:

Name Change Policy as adopted February 26, 2021.

POLICY:  Conflict of Interest
ADOPTED:  December 17, 2021
REVIEWED:  March 2023, March 2025

POLICY STATEMENT:

The College community embraces and values accountability, integrity, and transparency in our personal and collective conduct, and takes seriously the public’s trust that is placed upon us. In that spirit, it is the policy of North Country Community College that the College, and its affiliated organizations, conducts its business by conforming to the highest ethical, professional, and legal standards. Furthermore, all employees and members of the College community, and affiliated organizations, shall avoid any and all circumstances/ behavior that could be reasonably interpreted as a conflict of interest.

SCOPE:

The policy applies to all full-time and part-time employees of the College, and those affiliated groups which support it, including the members and employees of the NCCC Association and the NCCC Foundation. The Board of Trustees is governed by a separate policy. 

POLICY:

It is the policy of North Country Community College that the College, and its affiliated organizations, conducts its business by conforming to the highest ethical and legal standards. Furthermore, all employees and members of the College community and its affiliated organizations, shall avoid all circumstances/behavior that could be reasonably interpreted as a conflict of interest.
Guided by values of accountability, integrity and transparency, members of the College community shall not intentionally place the College’s integrity or reputation at risk by participating in illegal activities and/or highlighting their relationship with the College when engaged in any political activities.
In order to avoid a conflict of interest or the appearance of a conflict of interest, all employees of the College and affiliated organizations shall adhere to the following guidelines:

• Employees of the College shall not have any pecuniary interest, directly or indirectly, proximately or remotely, in selling any goods, wares or like merchandise to the College.
• Employees of the College shall not solicit or accept any gift, favor, or other benefit, either directly or indirectly, for reward or promise of reward for influence in recommending or procuring any merchandise or service for the College.
• Employees of the College shall not use confidential and/or privileged information acquired as a result of their involvement at the College for personal gain for themselves or others.
• Employees of the College shall comply with the New York State Public Officers Law provisions on conflict of interest and ethical conduct, and all applicable laws or codes regarding ethical conduct.
• Employees of the College shall remain committed to fostering an atmosphere of academic freedom by promoting the open and timely exchange of scholarly knowledge, independent of their personal or political leanings or interests.
• Employees of the College shall not engage in other employment which conflicts with the performance of their employment obligations to the College.
• Employees of the College, to the extent required by law or regulation, shall disclose at minimum whether they (and their spouses and dependent children) have employment or financial interests or hold significant offices, in external organizations that may affect, or appear to affect, the discharge of professional obligations wo the College.

DEFINITIONS:

Conflict of Interest is defined as engagement in any outside business, financial, and/or political activity which directly or indirectly conflicts with the interests of the College and/or interferes with the ability to fully perform one’s job duties.

GUIDELINES:

Any employee or member of the College community that is uncertain about this policy or its expectations, and/or has concerns that their actions could be viewed as a conflict or a potential conflict of interest, are advised to consult with the Director of Human Resources, one of the senior administrators at the College, or the Chair of the Board of Trustees. Failure to comply with this policy and these guidelines, depending on the circumstances, could result in disciplinary action, up to dismissal if warranted. 

SOURCES/RESOURCES:

A number of resources, including General Municipal Law Article 18 and New York State’s Public Officers Law, Section 73 and Section 74, define and address conflict of interest as well as outline standards for ethical behavior on the part of employees of the College:  

NYS Public Officers Law Section 73

https://legethics.ny.gov/public-officers-law-section-73-financial-disclosure

NYS Public Officers Law Section 74

https://legethics.ny.gov/public-officers-law-section-74-code-ethics

General Municipal Law – Article 18. Conflicts of Interest of Municipal Officers and Employees

https://www.osc.ny.gov/files/local-government/publications/pdf/conflictinterest.pdf

SUNY Conflict of Interest Policy

https://www.suny.edu/sunypp/documents.cfm?doc_id=527

POLICY:  Consensual Romantic Relationships

ADOPTED:  February 8, 2019

POLICY STATEMENT: 

North Country Community College (NCCC) is committed to ensuring that our students, faculty, and staff can learn and work in an environment that is free from nepotism, harassment, exploitation, and conflicts of interest. NCCC is also committed to promoting fairness in grading, evaluation, and career opportunities. In order to achieve this, it is vital that faculty and staff maintain professional boundaries with students, and with employees over whom there is or will be a supervisory relationship.

NCCC faculty and staff members exercise power and authority over NCCC students and employees for whom they have current supervisory, instructional, or other professional responsibility which creates a power imbalance. This makes consent within any sexual, intimate, or romantic relationship between a supervisor and employee or between a faculty or staff member and a student problematic, and may impede the real or perceived freedom of the student or employee to terminate or alter the relationship. Further, it may cause individuals outside of that relationship to believe that they are treated in an unequal manner during such a relationship or after it terminates, or it may cause individuals to feel that entering into such a relationship is necessary or assistive in attaining their academic or career goals. Such a relationship may damage the credibility or reputation of the employee, the department or unit, or the campus as a whole and may expose individuals or the institution to legal action and liability.

In the academic context, amorous relationships that might be appropriate in other circumstances have inherent dangers when they occur between faculty and students. Implicit in the idea of professionalism is the recognition by those in positions of authority that in their relationships with students and staff there is an element of power.  Because inherent power differentials exist where there is no direct teaching or supervision of students, NCCC faculty and staff are prohibited from entering into romantic, intimate, and/or sexual relationships with students regardless of department or relationship and are prohibited from entering into romantic, intimate, and/or sexual relationships with any student in their academic department. There is a presumption against romantic, intimate, and/or sexual relationships between employees where there is a current supervisory imbalance, and such relationships must be reported to determine if an alternative supervisory structure is possible. Non-consensual relationships are always prohibited and may implicate other policies or laws.

SCOPE: 

This policy governs all faculty, staff (full time, part time, and adjunct) and students (full time and part time).  Failure to comply with the policy may result in discipline up to and including termination.

POLICY:

Students:

NCCC faculty and staff are prohibited from engaging in any sexual or romantic relationship if there is an existing supervisory, evaluation or instructional relationship, unless the relationship is disclosed and supervision, evaluation, or instruction is terminated in accordance with the policy.

Employees in a Supervisory Relationship:

NCCC faculty and staff are prohibited from supervising any employee with whom they are engaged in a romantic, intimate, and/or sexual relationship. Faculty and staff who seek to enter into a romantic, intimate, and/or sexual relationship with any employee for whom they provide supervision must notify their direct supervisor and the Director of Human Resources or designee. The Director of Human Resources or designee shall notify the Area Supervisor, or equivalent, overseeing the relevant division. Initial disclosure must occur within two (2) business days of commencement of the romantic, intimate, and/or sexual relationships. The employee’s supervisor, in concert with the Director of Human Resources or designee, and the Area Supervisor or equivalent shall determine whether an alternative supervisory structure can be created to ensure that supervisors in a consensual romantic or sexual relationship with an employee be removed from any evaluation of the employee, and from any activity or decision that may appear to reward, penalize, or otherwise affect the employment status of the employee is possible and, if so, shall direct the employees to the alternative supervisory structure. Even if the relationship concludes (whether amicably or not), the covered employee may never supervise the other employee.

Pre-Existing Relationships:

Relationships and marriages between faculty, staff, and/or students that pre-date enrollment as a student or hire as a faculty or staff member are permissible provided that the relationship is disclosed to the faculty or staff member’s direct supervisor and to the Director of Human Resources or designee.  Disclosure must occur within two (2) business days of enrollment or hire so that an alternative supervisory structure may be reviewed.  Failure to timely notify appropriate staff can subject the faculty or staff member to discipline up to and including termination.

Student Employees:

Students also serving as employees shall be categorized as staff.

REPORTS AND INVESTIGATION:

Reports of violations of this policy may be brought to the Director of Human Resources or their designee.  Faculty and staff who are Responsible Employees under Title IX must report violations of this policy to the Title IX Coordinator or their designee, within two (2) business days after learning of the violation.

Monitoring the status of alternative supervision is the responsibility of the direct supervisor and the Director of Human Resources or designee.  All documentation under this policy shall be maintained in the Human Resources Office.

Retaliation for making a report or participating in a process under this policy is prohibited and may result in discipline up to an including termination.  Legal consent between the parties shall not be a defense to a violation under this policy.  NCCC prohibits an individual from knowingly filing a false complaint or making misrepresentations of sexual misconduct.  A complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct.  If an investigation results in a finding that a person who has accused another of sexual misconduct has acted maliciously or has recklessly made false accusations, the reporting party will be subject to appropriate sanction.  It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

POLICY:  Discriminatory Harassment Prevention
ADOPTED: October 9, 2018

POLICY STATEMENT:

North Country Community College is committed to provide and maintain a work environment which is free from unlawful discrimination based on sex (with or without sexual conduct, and including gender identity, gender expression or transgender status), race, color, religion, national origin, age, disability, genetic information or predisposing genetic characteristic, marital status, familial status, military status, domestic violence victim status, and any other class protected by law. Harassment based on these protected characteristics (collectively referred to as “discriminatory harassment”) is a form of unlawful discrimination and is prohibited in each and every work environment and each and every situation which directly impacts the work environment.

North Country Community College will take appropriate steps to prevent and correct unlawful discriminatory harassment and discrimination as defined by federal, state and local law (if applicable.)  This includes federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act, as well as the New York State Human Rights Law. 

North Country Community College considers discrimination, discriminatory harassment and other conduct prohibited by this Policy to be a form of employee misconduct and considers this type of misconduct to be a serious offense which will not be tolerated.  Allegations of discrimination and discriminatory harassment will be investigated thoroughly and if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), and in accordance with the parameters of applicable collective bargaining agreements and/or state law.

Retaliation against any individual making a discrimination or harassment complaint or assisting in the investigation of such a complaint is forbidden.  Retaliation is a serious violation of this policy which may result in disciplinary action.

Reports under Civil Rights/Title VI Discrimination will follow this policy.

SCOPE: 

• Who is covered by this Policy? This policy applies to all applicants, employees, interns (paid or unpaid), volunteers, contractors, and other non-employees conducting business with North Country Community College.

• What does this Policy prohibit? This policy prohibits discriminatory harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to North Country Community College (e.g., an outside vendor, consultant, other non-employee or citizen).

• Where can discrimination or discriminatory harassment occur? Conduct prohibited by this Policy is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
  
  

• All information gathered during an investigation of a complaint will be handled in a confidential manner, to the extent possible.

• This Policy does not preclude the filing of discrimination, discriminatory harassment or retaliation complaints with the New York State Division of Human Rights (DHR), the Federal Equal Employment Opportunity Commission (EEOC), or the pursuing of any other remedies as permitted by law.

DEFINITIONS OF PROHIBITED CONDUCT:

Discrimination:  Discrimination on the basis of any protected characteristic is prohibited. Discrimination includes any adverse employment action (termination, failure to hire, demotion, failure to promote, etc.) taken on the basis of sex (with or without sexual conduct, and including gender identity, gender expression or transgender status), race, color, religion, national origin, age, disability, genetic information or predisposing genetic characteristic, marital status, familial status, military status, domestic violence victim status, and any other class protected by law.

Discriminatory Harassment:  Harassment on the basis of any protected characteristic is prohibited.  Under this policy, prohibited discriminatory harassment is verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of a protected class or characteristic, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects an individual’s employment opportunities.

NOTE: Sexual harassment, including harassment on the basis of sex (including gender identity or transgender status) and sexual orientation is covered separately under North Country Community College’s Sexual Harassment Prevention Policy.

Harassing conduct includes, but is not limited to:  epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace (including through e-mail) of written or graphic material that denigrates or shows hostility or aversion toward an individual or group, based on an individual’s protected class.

Retaliation:  Retaliation against any individual for making a discriminatory or any harassment complaint or assisting in the investigation of such a complaint is prohibited by law and under this Policy. Unlawful retaliation can be any adverse employment action, including being discharged, disciplined, discriminated against, or any action that would keep or discourage anyone covered by this Policy from coming forward to make or support a claim of discrimination or discriminatory harassment. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.

Anyone who believes they have been subjected to retaliation should report this conduct in accordance with the same reporting procedures as are outlined below. These complaints of retaliation will be investigated in accordance with the same procedures utilized and described below. Individuals also may file complaints of retaliation with the federal or state enforcement agencies (EEOC or New York State Division of Human Rights.)

Any individual found to have engaged in retaliation as defined in this Policy may be subject to disciplinary action up to and including termination, and/or other corrective or remedial action as necessary and permitted by an applicable collective bargaining agreement or state law.

This policy also prohibits conduct of one employee toward another that may not rise to the level of discriminatory harassment in violation of the law, but nonetheless creates a degree of hostility or intimidation that adversely affects the work environment.  Teasing, ridicule, and other conduct intended to annoy, personally attack, belittle or embarrass another individual is inappropriate and also unacceptable in the workplace.  Therefore, North Country Community College encourages the use of its complaint procedure by employees who believe they have been subject to inappropriate conduct by another employee, even if such conduct may not be harassment or discrimination per se.  North Country Community College endeavors to create an environment in which employees may feel free to raise concerns and are confident that those concerns will be addressed.

REPORTING PROCEDURES AND RESPONSIBILITIES:

• Reporting Procedures

Preventing harassment is everyone’s responsibility. Anyone who witnesses or is subjected to a situation which he/she believes constitutes discriminatory harassment in violation of this Policy, North Country Community College recommends that the person confront the harasser directly and advise the harasser that his/her behavior is not welcomed and will not be tolerated.

If an employee or non-employee who witnesses or is subjected to a situation which he/she believes constitutes discrimination or discriminatory harassment, he/she should file a complaint with the Compliance Officer as set forth below. Anyone who witnesses or becomes aware of potential instances of discrimination or harassment should also report such behavior to the Compliance Officer. 

• Compliance Officer: Director of Human Resources

• In the event that the Compliance Officer is the subject of the complaint, complaints are to be made to the College President.

Although encouraged, note that neither this Policy nor state or federal law requires that an individual tell an alleged harasser to stop his/her actions. Failure to do so does not preclude the individual from filing a complaint of discriminatory harassment. Individuals should feel free to keep written records of any actions which may constitute harassment, including time, date, location, names of others involved, witnesses (if any), and who said or did what to whom.

Complaints may be made verbally or in writing via the online reporting system. If made verbally, the complaint must be reduced to writing by the individual to whom it was reported. The written report must be given to the Compliance Officer.  Individuals who are reporting discrimination or harassment on behalf of other employees or non-employees should note that it is submitted on another person’s behalf.

• Employee Responsibilities

All employees are responsible for refraining from discrimination, discriminatory harassment or retaliation in the workplace. Anyone who witnesses discrimination, discriminatory harassment or retaliation may notify the person responsible that their behavior is inappropriate, and in any and all events, should notify the Compliance Officer. 

• Supervisory Responsibilities

All managerial and supervisory personnel of North Country Community College shall be responsible for enforcing this Policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from discrimination, discriminatory harassment, and retaliation.  Failure of a manager or supervisor to comply with this responsibility may result in disciplinary action.

All managerial and supervisory personnel who receive complaints of, observe directly, or otherwise become aware of or suspect that discrimination, discriminatory harassment or retaliation is occurring, will be responsible for immediately forwarding such complaints, in writing, to the Compliance Officer.

Supervisors and managers will be subject to discipline (or other remedial or appropriate action) for failing to report suspected discriminatory harassment or otherwise knowingly allowing the harassment to continue. Supervisors and managers will also be subjected to discipline (or other remedial or appropriate action) if found to have engaged in discrimination, discriminatory harassment, or retaliation.

• Employer Responsibilities

North Country Community College will conduct periodic training on the issues surrounding discrimination, discriminatory harassment, its effects and its appearances, and the role and responsibility of employees and managerial/supervisory personnel in preventing incidents of discrimination and harassment.

North Country Community College will also distribute this Policy to all employees and ensure that it is distributed to new employees as they are hired.

INVESTIGATION AND RESPONSE PROCEDURES:

Discrimination and discriminatory harassment complaints will be investigated. The Compliance Officer and/or their designee(s) will conduct a prompt and thorough investigation commencing immediately and completed as soon as possible. The investigation will be confidential to the greatest extent possible.

Any employee or non-employee may be required to cooperate as needed in an investigation of suspected discriminatory harassment. As further set forth herein, North Country Community College will not tolerate retaliation against those who file complaints, support another’s complaint, or participate in the investigation of a complaint.

The nature and extent of an investigation may vary on a case by case basis dependent upon the circumstances and extent of the allegations. Generally, investigations should be conducted in accordance with the following steps:

• Upon receipt of complaint, the Compliance Officer or their designee will conduct an immediate review of the allegations, and take interim actions, as appropriate. If the complaint is oral, it will be entered into the on-line incident reporting system. 

• If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them.

• Request and review all relevant documents, including all electronic communications.

• Interview all parties involved, including any relevant witnesses.

• Create (at a minimum) written documentation of the investigation (such as a letter, memo or email), which contains the following:

• A list of all documents reviewed, along with a detailed summary of relevant documents;

• A list of names of those interviewed, along with a detailed summary of their statements;

• A timeline of events;

• A summary of prior relevant incidents, reported or unreported; and

• Recommendation(s) for the final resolution of the complaint, together with any recommendations for corrective or remedial actions to be taken.

Once the investigation is completed, the Compliance Officer or their designee will make a final determination as to whether the Policy has been violated.

The Compliance Officer or their designee shall promptly notify the complainant of the final determination, and also inform the complainant of their right to file a complaint or charge with the DHR or EEOC, or in an appropriate court.

If a complaint of discriminatory harassment, other harassment, or retaliation is determined to be founded, North Country Community College will take disciplinary and/or corrective action in accordance with law and/or an applicable collective bargaining agreement. The Compliance Officer will be responsible for overseeing the implementing of any corrective or remedial actions deemed necessary.

If disciplinary charges are filed against an employee on the grounds that North Country Community College has determined the employee is guilty of discrimination, discriminatory harassment or retaliation, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her collective bargaining agreement, or state law, if applicable.

FALSE REPORTS:

Reporting of a false complaint is a serious act. In the event it is found that an individual bringing the complaint has knowingly made false allegations, North Country Community College may take appropriate remedial action and/or disciplinary action in accordance with the provisions of applicable collective bargaining agreement and/or state law.

POLICY:  Drug and Alcohol Use and Abuse
ADOPTED:  2/21/1994, 11/18/2022

SCOPE:

This policy applies to all students, all full-time and part-time employees of the College, the Board of Trustees and those affiliated groups which support the College including the employees of the NCCC Association and the NCCC Foundation. 

POLICY:

North Country Community College is committed to helping students, staff, and faculty achieve their personal and educational goals.  Having determined that the possession and use of illicit drugs and alcohol are not in alignment with the College’s mission and values, the College requires students, employees, and visitors to refrain from unlawful drug activity in accordance with applicable federal and state laws, and to refrain from the unauthorized use of alcohol both on our campuses and when participating in or attending College sponsored events and activities, including clinicals, sporting events, student activities, and/or field trips.

Alcohol: Faculty or staff possessing or consuming alcohol on campus or at a College -sponsored event must have written approval of the President or his/her designee. Students are not permitted to possess, use, manufacture, or distribute alcohol on College, Foundation, or Association-owned property or while in attendance at a college-sponsored activity as per the Student Code of Conduct.

Illicit Drugs: Students, faculty or staff are not permitted to possess, use, manufacture, cultivate or distribute illicit drugs, including cannabis, on College, Foundation, or Association owned property or at College-sponsored events.

Cannabis: In New York State, the Marijuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021 legalizing adult-use cannabis (also known as marijuana, or recreational marijuana)  however the United States Federal Government’s Controlled Substances Act of 1970, categorized marijuana as a Schedule I substance, meaning it was and still is considered to have no acceptable medical use and was among the class of drugs having the highest potential for abuse. As such, students, faculty or staff are not permitted to possess, use, manufacture, cultivate or distribute cannabis in any form, on College, Foundation, or Association owned property or at College-sponsored events.

Prevention: 
As guided by Drug-Free Schools and Community legislation, also known as EDGAR Part 86, a written statement will be distributed annually to all students and to all employees.  The statement will include:

• A link to the published policy documents for Alcohol and Drugs prevention and response.

• The sanctions that can be levied against violators under existing state or federal law and college policy.

• A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.

• A listing of resources available at the College and in the community to assist students and employees seeking treatment and rehabilitation.

• The process by which the College will communicate its policy on drugs and alcohol to those seeking to use or visit College facilities.

• Signage, where appropriate, to inform even the casual visitor that North Country Community College is a Drug and Alcohol-Free College.

DEFINITIONS:

The legal age limit in New York State for purchase, possessions, or consumption of alcohol is 21.  Local New York State laws include Open Container laws that make possession of any open container of an alcoholic beverage unlawful.

The Marijuana Regulation & Taxation Act (MRTA) was signed into law on March 31, 2021, legalizing adult-use cannabis (also known as marijuana, or recreational marijuana) in New York State. However, federal laws (including the Controlled Substances Act, the Drug Free Schools and Communities Act, and the Drug Free Workplaces Act) prohibit marijuana use, possession and/or cultivation at educational institutions and on the premises of other recipients of federal funds.

REPORTING PROCEDURES AND RESPONSIBILITIES:

Students and employees found in violation of the State or Local Laws regarding alcohol use or illicit drug use, including cannabis, will be reported to the appropriate law enforcement agency and an incident report will be submitted to document the violation.

Any and all internal disciplinary practices are not intended to replace those of the local law enforcement agencies.  Unlawful behavior will be reported to the appropriate agency for their action.

INVESTIGATION AND RESPONSE PROCEDURES:

Any individual who is found in violation of this policy will be reported to the appropriate office within NCCC. More specifically:

• Faculty/staff will be reported to the Human Resources Office and response procedures will follow the Employee Handbook.

• Students will be reported to Student Affairs and response procedures will follow the Student Code of Conduct.

SANCTIONS:

Sanctions imposed by the College are outlined in the Employee Handbook for employees and in the Student Code of Conduct for student. Sanctions may include but are not limited to disciplinary warnings, disciplinary probation, disciplinary suspension, disciplinary expulsion and/or termination of employment.

POLICY:  Freedom of Expression and Assembly (Time, Place, Manner)
ADOPTED:  February 24, 2026

POLICY STATEMENT:

The State University of New York (SUNY) respects and fully supports the rights of free speech guaranteed by the constitutions of the United States and the State of New York. SUNY values the free expression of ideas and supports individuals’ right to assemble.
North Country Community College promulgates this policy to provide meaningful opportunities for members of our community to express their views and to ensure that the time, place, and manner of such expression does not interfere with the safety and security of our campus community or disrupt the regular operations of the campus.

SCOPE:

This content-neutral policy is applicable to all North County Community College students.

POLICY:

North County Community College students are guaranteed the rights of free inquiry and expression. Subject to applicable content-neutral policy, students are guaranteed the right to hold public meetings and engage in peaceful and orderly assemblies, including, but not limited to, protests, demonstrations, rallies, vigils, marches, and picketing, at and upon designated public areas of campus grounds.

North County Community College designates the following as public areas for the purpose of peaceful and orderly assemblies:

• Saranac Lake campus: the Sparks Athletic Field when athletic contests/practices are not taking place. An alternate location is the parking area between Clermont and Sparks on Dorchester Avenue.
• Malone campus: the grassy field between Ballard Mill and Reshetkina Hall parking.
• Ticonderoga campus: the grassy area west of the building facing.

North County Community College will not interfere with orderly assemblies on the designated public areas of campus grounds, unless participants engage in any of the following:

1. Conduct that prevents the orderly administration of college business, classes, lectures, meetings, interviews, ceremonies, and other campus events or operations;
2. Conduct that obstructs the free movement of vehicles or of persons, including, but not limited to in any building or facility, inclusive of blocking hallways and doors;
3. Engage in conduct that could foreseeably cause injury or damage to persons or property;
4. Operation of audio amplification equipment in a manner that conflicts with normal College operations or that is deemed injurious to health and safety, or that is in violation of town, village, or state ordinances;
5. Constructing or erecting structures, whether or not they are anchored, inclusive of screens and/or objects requiring penetration of concrete or existing lawn areas, or camping on College grounds without authorization from the Superintendent for Facilities and Grounds, and indoor or outdoor encampment as is generally prohibited (see campus policies on tents/camping);
6. Possession and/or ignition of an open flame of any type, including, but not limited to, torches;
7. Assemblies lasting more than one day, duration not to exceed 12 hours in a one-day period, and all assemblies between the hours of 8:00 pm and 8:00 am are prohibited;
8. Activities that violate the provisions of SUNY Policy 3653, Rules for the Maintenance of Public Order; and
9. Activities that violate the provisions of any other applicable campus.

In addition, the following activities are strictly prohibited:

1. Entry into any private office of an administrative officer, member of the faculty, or staff member, or entry into any other college area that is not authorized, without prior permission;
2. Occupation of a building after it is normally closed; and
3. Obstruction of any roadways running through or adjoining the College’s campus.

All individuals participating in protests and demonstrations on College campus grounds are required to provide a form of College issued or government issued identification upon request from a College or law enforcement official.
North County Community College takes compliance with this policy very seriously. Students should expect that violations of this policy will result in disciplinary action under the College’s Student Code of Conduct, up to and including interim suspension, suspension, and expulsion.

PROCEDURES:

North County Community College respects and supports students’ efforts to exercise their rights to free speech and assembly. The Office of Student Affairs is designated to provide the appropriate support for the successful implementation of these events. Following College procedure will ensure a safe and effective assembly activity. The College will make every effort to respond affirmatively to all requests to engage in assembly activity. However, content-neutral consideration must be given to the time, place, and manner of the assembly activity to ensure the health and safety of the participants and the noninterference with authorized College business, activities, or events.

POLICY:  Lactation Accommodation
ADOPTED:  Nov 22, 2019

POLICY STATEMENT: 

North Country Community College supports working mothers and provides a supportive environment to enable employees who are breastfeeding to express breastmilk during working hours. 

SCOPE:

All North Country Community College employees.

POLICY:

No employee will be discriminated against for breastfeeding or expressing milk during the work day and reasonable efforts will be made to assist employees in meeting their infant feeding goals while at work. 

Employees who are breastfeeding who choose to continue providing breastmilk to their infants after returning to work will receive the following accommodations for up to three years following the child’s birth:

• Lactation Breaks: 
  Employees will be provided reasonable time to express milk while at work. While employees are encouraged use their typical break and meal periods when possible, should additional time be needed beyond the provided breaks, employees may use benefit time or may make up the time as agreed to with their supervisor. 

Employees should notify their supervisor prior to returning to work to set up a schedule that accommodates their needs and those of the College.  Once a schedule is agreed upon, every effort to adhere to the schedule must be made. 

• Lactation Room(s):
  Employees will be provided with a private place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and students, to express milk.  Expressed milk can be stored in the provided refrigerator or in the employee’s personal cooler.  The space will be:

  • Private and sanitary.
  • Located in close proximity to the employee’s work station and a sink with running water.
  • Equipped with a functional lock.
  • Equipped with, at a minimum, an electrical outlet, a comfortable chair and a small table or flat surface.
    
    
• College Support:
  Human Resources will notify employees who are pregnant and those returning to work following the birth of a child of their rights under New York State Labor Law 206-c and the national worksite lactation accommodation law in the U.S. Patient Affordable Care Act.  A list of local breastfeeding resources will be provided to employees who are breastfeeding and returning to work.  The College will implement policies and practices that will help facilitate each employee’s infant feeding goals.  It is expected that all employees will assist in providing a positive atmosphere of support for breastfeeding employees.
  
  

• Employee Responsibilities:
  Employees who are breastfeeding and who choose to continue providing breastmilk to their infants after returning to work will:

  • Communicate with their supervisor – Employees will give their supervisor advanced notice of the need for lactation accommodations, prior to their return to work.

  • Maintain lactation rooms – Employees who are breastfeeding will maintain the designated areas by wiping surfaces with antimicrobial wipes so the area is clean for the next user.

  • Safely store expressed milk – Employees will label all expressed milk so it is not inadvertently confused with another employee’s milk. Each employee is responsible for proper storage of her milk.  Storage guidelines can be provided if requested.

  • Use break times to express milk – When more than one employee who is breastfeeding needs to use the designated area, employees can use the sign-in log provided in the room to negotiate expression times that are most convenient to best meet their needs.

Any act found to be intentional that invades a nursing mother’s privacy and rights will be reported and treated as a disciplinary offense.

POLICY:  Name Change
ADOPTED:  Feb 26, 2021

SCOPE:

The policy applies to all faculty, staff, and students of North Country Community College.

POLICY:

North Country Community College recognizes that faculty, staff, and students may wish to use a name other than their legal name to identify themselves.  Preferred names will be used across college systems, except where the use of an individual’s legal name is required by law or policy.  NCCC also recognizes that faculty, staff, and students may wish to change their legal names on record with the College.

PROCEDURE:

An individual wanting to change their preferred name will need to fill out the online request form located on our website.  Once the preferred name has been submitted, it will be reviewed by the College.  If approved, the preferred name will be updated on all appropriate records.

Individuals requesting to change their legal name will need to produce a copy of their Social Security Card and a form of photo identification: 

• Students – Legal name changes for students can be done in the Registrar’s Office with appropriate documentation.

• Faculty and Staff – Legal name changes for faculty and staff members can be done in the Human Resource Office by re-certifying your I-9 with appropriate documentation.

DEFINITIONS:

Preferred name – An alternative to the individual’s legal name as designated by the individual in college systems.

Legal name – The name listed on an individual’s Social Security Card.

POLICY:  Pets on Campus
ADOPTED:  Dec 20, 2011

POLICY STATEMENT:

Pets on campus present an unpredictable risk to health and safety, potential nuisance and disruption to the educational environment, and possible damage to grounds, buildings, parking lots, and other property.

SCOPE:

This policy applies to all employees, students, contractors, and visitors.

POLICY:

North Country Community College prohibits pets in any of the College's buildings, except for Service Animals while performing their duties.  Additionally, any pet on college-controlled property, including all grounds, parking lots, and walkways, must be attended to and restrained at all times.  

EXEMPTIONS:

Service animals (i.e. guide dogs, signal dog, or other animal trained to do work or perform tasks for the benefit of an individual with a disability such as impaired vision or impaired hearing) while performing their duties and on-duty police dogs.

POLICY:  Sexual Harassment Prevention
ADOPTED:  Oct 9, 2018, May 25, 2023, Nov 17, 2023, March 25, 2025

POLICY STATEMENT:

North Country Community College is committed to maintaining a workplace free from sexual harassment. Sexual harassment, which includes harassment based on sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status, is a form of workplace discrimination. Sexual harassment is considered a serious form of employee misconduct.  All employees, interns, volunteers, and non-employees are required to work in a manner that prevents sexual harassment in the workplace. Any employee, intern, volunteer, or non-employee in the workplace who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination. This Policy is one component of North Country Community College’s commitment to a discrimination-free work environment.

Sexual harassment is against the law. All persons have a legal right to a workplace free from sexual harassment. This right can be enforced by filing a complaint internally with North Country Community College, and/or with a government agency or in court under federal, state or local antidiscrimination laws.

Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject North Country Community College to liability for harm to targets of sexual harassment. In New York State, Harassment does not need to be severe or pervasive to be illegal.  Harassers may also be individually subject to liability. Those covered by this Policy who engage in sexual harassment, and managers and supervisors who engage in sexual harassment or who knowingly allow such behavior to continue, will be subject to remedial action or discipline in accordance with law or an applicable Collective Bargaining Agreement.

This Policy also prohibits retaliation against individuals who report or complain of sexual harassment or participate in the investigation of a sexual harassment complaint, as further described herein.

Complaints of sexual harassment must be submitted to the Compliance Officer: Tara Evans, Human Resources Director. If the Compliance Officer is the subject of the complaint, complaints must be made to Joe Keegan, CEO/President. North Country Community College will conduct a prompt, thorough and confidential investigation that ensures due process for all parties, whenever North Country Community College or its supervisory or managerial personnel receives a complaint about sexual harassment or retaliation, or otherwise knows of possible sexual harassment occurring. North Country Community College will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment or retaliation is found to have occurred. All persons covered by this Policy, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.

All employees, interns, volunteers, and non-employees are to report any harassment or behaviors that violate this Policy. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of in the workplace. Such reporting must be in written form using the on-line incident reporting system. Confronting the harasser is not required but is encouraged if the complainant feels it is possible and safe to do so.  Anyone covered by this Policy has the right to file a good faith complaint without first communicating with the offender.

SCOPE: 

• Who is covered by this Policy? This Policy applies to all employees, applicants for employment, interns, whether paid or unpaid, volunteers, non-employees and persons conducting business with North Country Community College.  Students who are recipients of sexual harassment are covered under the Title IX Policy.

• Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees who provide services in the workplace. This Policy also protects volunteers of the North Country Community College. 

• Who can be a sexual harasser: A harasser can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor, or anyone with whom the person interacts while conducting their job duties. 

• Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees, interns and/or volunteers are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage can constitute or contribute to unlawful workplace harassment, even if occurring away from the workplace premises or not during work hours.

DEFINITIONS OF PROHIBITED CONDUCT:

What is sexual harassment?:
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment based on sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status.

Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment.  The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of North Country Community College’s policy The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment.

• Such conduct is made either explicitly or implicitly a term or condition of employment; or

• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, and/or which interfere with the recipient’s job performance.

Sexual harassment also occurs when a person in authority tries to offer job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Anyone subject to and/or covered by this Policy who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.

Examples of sexual harassment:
Sexual harassment under the law and prohibited by this Policy may include, but is not limited to, the following prohibited conduct:

• Physical assaults of a sexual nature, such as:

  • Touching, pinching, patting, grabbing, brushing against another person’s body, or poking another person’s body; rape, sexual battery, molestation or attempts to commit these assaults (which should be reported to local authorities as promptly as is possible); or

  • Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy (please contact local law enforcement if you wish to pursue criminal charges.)

• Unwanted sexual advances or propositions, such as:

  • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other employment benefits or detriments,

  • Subtle or obvious pressure for unwelcome sexual activities; or

  • Repeated requests for dates or romantic gestures, including gift-giving.

• Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality, sexual experience, or romantic history which create a hostile work environment. This is not limited to interactions in person.  Remarks made over virtual platforms and in messaging apps when employees are working remotely can create a similarly hostile work environment.

• Sex stereotyping, which occurs when conduct or personality traits are considered inappropriate or treated negatively simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should look or act, including:

  • Remarks regarding an employee’s gender expression, such as wearing a garment typically associated with a different gender identity; or

  • Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.

• Sexual or discriminatory displays or publications anywhere in the workplace, such as:

  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace or in a work-related gathering or setting.

  • This extends to the virtual or remote workspace and can include having such materials visible in the background of one’s home during a virtual meeting.

• Hostile actions taken against an individual because of that individual’s sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status, such as:

  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job.

  • Sabotaging an individual’s work.

  • Bullying, yelling, name-calling.

  • Intentional misuse of an individual’s preferred pronouns; or

  • Creating different expectations for individuals based on their perceived identities;

  • Dress codes that place more emphasis on women’s attire;

  • Leaving parents/caregivers out of meetings.

Retaliation:

In addition to sexual harassment, retaliation for opposing or complaining of sexual harassment or participating in investigations of sexual harassment is prohibited by law and prohibited under this Policy. No person covered by this Policy shall be subjected to such unlawful retaliation. Unlawful retaliation can be any adverse employment action, including being discharged, disciplined, discriminated against, or any action that would keep or discourage anyone covered by this Policy from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.

The New York State Human Rights Law and this Policy protect any individual who has engaged in “protected activity.” Protected activity occurs when a person has:

• made a complaint of sexual harassment, either internally or with any anti-discrimination agency;

• testified or assisted in a proceeding involving sexual harassment under this Policy, the State Human Rights Law or other anti-discrimination law;

• opposed sexual harassment by making a verbal or informal complaint to North Country Community College (including a supervisor or manager) or by simply informing a supervisor or manager of harassment;

• reported that another employee, intern, volunteer, or non-employee covered by this Policy has been sexually harassed; or

• encouraged a fellow employee, intern, volunteer and/or non-employee covered by this Policy to report harassment.

Employees, interns, volunteers, and non-employees who believe they have been subjected to retaliation should report this conduct in accordance with the same reporting procedures as are outlined below. These complaints of retaliation will be investigated in accordance with the same procedures utilized to investigate a complaint of sexual harassment. Individuals also may file complaints of retaliation with the federal or state enforcement agencies (EEOC or New York State Division of Human Rights.) Any individual found to have engaged in retaliation as defined in this Policy may be subject to disciplinary action up to and including termination, and/or other corrective or remedial action as necessary.

REPORTING PROCEDURES AND RESPONSIBILITIES:

Preventing sexual harassment is everyone’s responsibility. North Country Community College cannot prevent or remedy sexual harassment unless it knows about it. Any employee, intern, volunteer or non-employee who has been subjected to behavior that may constitute sexual harassment is strongly encouraged to report such behavior to the Compliance Officer set forth below. Anyone who witnesses or becomes aware of potential or perceived instances of sexual harassment should also report such behavior to the Compliance Officer.

• Compliance Officer: Tara Evans, Human Resources Director

• If the Compliance Officer is the subject of the complaint, complaints are to be made to Joe Keegan, CEO/President

Although encouraged, note that neither this Policy nor state or federal law requires that an individual tell an alleged harasser to stop his/her actions. Failure to do so does not preclude the individual from filing a complaint of sexual harassment. Individuals should feel free to keep written records of any actions which may constitute sexual harassment, including time, date, location, names of others involved, witnesses (if any), and who said or did what to whom.

Reports of sexual harassment may be made verbally or in writing. If made verbally, the Complaint must be reduced to writing by the individual who it was reported to using the on-line incident reporting system. Individuals who are reporting sexual harassment on behalf of other employees, interns, volunteers or non-employees should note that it is on another person’s behalf.

Employees, interns, volunteers or non-employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.

Supervisory Responsibilities: 

All managerial and supervisory personnel of North Country Community College shall be responsible for enforcing this Policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from sexual harassment and retaliation. In addition to being subject to discipline or other remedial action if they engaged in sexually harassing conduct themselves, all supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report same in writing. Supervisors and managers will be subject to discipline (or other remedial and appropriate action) for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.

Supervisors and managers will also be subject to discipline or other appropriate remedial action for engaging in retaliation.

While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the impact that harassment and a subsequent investigation has on victims.  Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals.  Supervisors and managers must accommodate the needs of individuals who have experiences harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

North Country Community College’s Responsibilities:

North Country Community College will be responsible for ensuring that this Policy is provided to employees, interns, and volunteers, and that training on this Sexual Harassment Prevention Policy is conducted annually.

Bystander Intervention:

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;

2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;

3. A bystander can record or take notes on the harassment incident to benefit a future investigation;

4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not okay; and

5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.

INVESTIGATION AND RESPONSE PROCEDURES: 

All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commencing immediately and completed as soon as possible. The investigation will be confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded appropriate due process to protect their rights to a fair and impartial investigation.

Any employee, volunteer, intern, or non-employee may be required to cooperate as needed in an investigation of suspected sexual harassment. As further set forth herein, North Country Community College will not tolerate retaliation against those who file complaints, support another’s complaint, or participate in the investigation of a complaint.

All investigations will be conducted by the Compliance Officer or their designee. The nature of an investigation may vary on a case-by-case basis dependent upon the circumstances and extent of the allegations. Generally, investigations should be conducted by the Compliance Officer or their designee in accordance with the following steps:

• Upon receipt of complaint, the Compliance Officer or their designee will conduct an immediate review of the allegations, and take interim actions, as appropriate. If the complaint is oral, it will be placed in writing using the on-line incident reporting system. 

• If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them.

• Request and review all relevant documents, including all electronic communications.

• Interview all parties involved, including any relevant witnesses;

• Create (at a minimum) written documentation of the investigation (such as a letter, memo, or email), which contains the following:

  • A list of all documents reviewed, along with a detailed summary of relevant documents;

  • A list of names of those interviewed, along with a detailed summary of their statements;

  • A timeline of events;

  • A summary of prior relevant incidents, reported or unreported; and

  • Recommendation(s) for the final resolution of the complaint, together with any recommendations for corrective or remedial actions to be taken.
• Submit the investigation report to the Compliance Officer or the CEO/President, or their designee, as appropriate for final determination.

Once the investigation is completed, the Compliance Officer or the CEO/President, or their designee, will make a final determination as to whether the policy has been violated.

The Compliance Officer or the CEO/President, or their designee, shall promptly notify the complainant of the final determination, and inform the complainant of their right to file a complaint or charge externally as outlined below.

If a complaint of sexual harassment or retaliation is determined to be founded, North Country Community College may take disciplinary and/or corrective action. The Compliance Officer will be responsible for overseeing implementation of any corrective or remedial actions deemed necessary.

REIMBURSEMENT: 

Any employee who has been subject to a judgement of personal liability for intentional wrongdoing in connection with a claim for sexual harassment shall reimburse North Country Community College for any monies it paid to a complainant for what was found to be the employee’s proportionate share of said judgement. These reimbursements must be made within ninety (90) days from payment by North Country Community College to the Complainant.  A failure to reimburse will result in the sum being withheld directly from the employee’s compensation or through enforcement of a money judgement.

FURTHER CONFIDENTIALITY AND DISCLOSURE: 

In recognition of the personal nature of discrimination complaints and the emotional impact of alleged discrimination, North Country Community College shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees and the workplace setting. For the protection of all individuals who make complaints or are accused of prohibited discrimination, every witness interviewed during an investigation under this Policy will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the persons involved. To the extent complaints made under this Policy implicate criminal conduct, North Country Community College may be required by law to contact and cooperate with the appropriate law enforcement authorities.

The terms of any settlement or other resolution are subject to disclosure UNLESS the Complainant seeks confidentiality.  This request for confidentiality may be revoked within a certain time period in accordance with State law.

FALSE REPORTS:

Reporting of a false complaint is a serious act. In the event it is found that an individual bringing the complaint has knowingly made false allegations, North Country Community College may take appropriate remedial action and/or disciplinary action in accordance with the provisions of applicable collective bargaining agreement and/or state law.

LEGAL PROTECTIONS AND EXTERNAL REMEDIES:

Sexual harassment is not only prohibited North Country Community College but is also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at North Country Community College, individuals may also choose to pursue legal remedies with the following governmental entities at any time.

New York State Division of Human Rights (DHR) 

The Human Rights Law (HRL), codified as N.Y. Executive Law, Art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment, and protects employees, interns and non-employees. A complaint alleging violation of the Human Rights Law may be filed either with Division of Human Rights or in New York State Supreme Court.  Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to North Country Community College does not extend the time for filing a complaint with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.

An individual does not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate the complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring the employer to act to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees, and civil fines.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized, and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.

New York State Division of Human Rights also created a toll-free, confidential hotline at 1-800-427-2773 (1-800-HARASS-3) to provide counsel and assistance to individuals experiencing workplace sexual harassment, which is available Monday through Friday from 9:00 A.M. to 5:00 P.M.

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days of the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.

If an individual believes that he/she has been discriminated against at work, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

Local Protections:

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city, or town in which they live to find out if such a law exists.

Contact the Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. 

CONCLUSION:

The policy outlined above is aimed at providing employees at North Country Community College and covered individuals an understanding of their right to a discrimination and harassment free workplace. All employees should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the New York State Human Rights law protects against discrimination in several protected classes including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, pre-disposing genetic characteristics, familial status, marital status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.

Note that other forms of discrimination, as well as harassment based on protected classes or characteristics other than those covered under this policy are covered separately under North Country Community College’s Discriminatory Harassment Policy.

Non-employees, as defined by law, includes contractors, vendors, and consultants or those who are employees of the contractor, vendor or consultant.

Where a complaint was filed regarding sexual harassment against an individual other than the person making the written complaint, the person against whom the harassment was directed will be treated as the complainant for purposes of this Policy.

POLICY:         Title IX Policy
DRAFTED:     August 6, 2020; updated April 7, 2022
ADOPTED:    August 14, 2020

What is the purpose of the Title IX Grievance Policy?

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

• Defines the meaning of “sexual harassment” (including forms of sex-based violence)
• Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
• Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment.

See, 85 Fed. Reg. 30026 (May 19, 2020). The full text of the Final Rule and its extensive Preamble are available here: http://bit.ly/TitleIXReg

Based on the Final Rule, North Country Community College (NCCC) will implement the following Title IX Grievance Policy, effective August 14, 2020.

How does the Title IX Grievance Policy impact other campus disciplinary policies? 

In recent years, “Title IX” cases have become a short-hand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, NCCC must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.NCCC remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.Specifically, our campus has:

• A Code of Conduct that defines certain behavior as a violation of campus policy, including addressing Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and related sex-based offenses

To the extent that alleged misconduct falls outside the Title IX Grievance Policy, or misconduct falling outside the Title IX Grievance Policy is discovered in the course of investigating covered Title IX misconduct, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Code of Conduct through a separate grievance proceeding.The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the College and may not be cited for or against any right or aspect of any other policy or process.

How does the Title IX Grievance Policy impact the handling of complaints?

Our existing Title IX office and reporting structure remains in place. What has changed is the way our Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full throughout Section 2.
 
Effective Date:

This Title IX Grievance Policy will become effective on August 14, 2020, and will only apply to formal complaints of sexual harassment brought on or after August 14, 2020. Complaints brought prior to August 14, 2020 will be investigated and adjudicated according to the Title IX Grievance Policy if a case is not complete by that date.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Code of Conduct.

Non-Discrimination in Application 

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.

Definitions

Covered Sexual Harassment - For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);

2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;

3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
   
   

4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.

5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York Sate’s domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York State.

6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. 1. fear for their safety or the safety of others; or
   2. suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Code of Conduct.

Consent - For the purposes of this Title IX Grievance Policy, “consent” means a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.

Education Program or Activity - For the purposes of this Title IX Grievance Policy, NCCC’s “education program or activity” includes:

• Any on-campus premises

• Any off-campus premises that NCCC has substantial control This includes buildings or property owned or controlled by a recognized student organization.

• Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of NCCC’s programs and activities over which NCCC has substantial control.

Formal Complaint - For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within NCCC’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant - For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant evidence and questions - “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

• Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
  • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
  • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. 34 C.F.R. § 45(6)(i).
• Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege, such as attorney-client privilege.
• Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. 85 Fed. Reg. 30026, 30294 (May 19, 2020).

Respondent - For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Privacy vs. Confidentiality - Consistent with the Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean NCCC offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. NCCC will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Disability Accommodations

 This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.

Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Making a Report

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator: Name:       Jackie VanBrunt
Title:          AVP Student Affairs / Title IX                                 Coordinator
Address:   North Country Community College                       Hodson Hall, Room 125
                 23 Santanoni Ave
                 Saranac Lake, NY 12983
Email:       titleixcoordinator@nccc.edu
Phone:      518-891-2915 ext 1205

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

Confidential Reporting

The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

• Title IX Coordinator or designee
  
  

Non-Investigatory Measures Available Under the Title IX Grievance Policy

Supportive Measures

Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from NCCC, regardless of whether they desire to file a complaint. Supportive measures are non-disciplinary and non-punitive.

As appropriate, supportive measures may include, but not be limited to:

• counseling
• extensions of deadlines or other course-related adjustments
• modifications of work or class schedules
• restrictions on contact between the parties (no contact orders)
• changes in work or housing locations
• leaves of absence See 85 Fed. Reg. 30401.

Emergency Removal

NCCC retains the authority to remove a respondent from NCCC’s program or activity on an emergency basis, where NCCC:

(1) undertakes an individualized safety and risk analysis and

(2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal. If NCCC determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal.

• Student Code of Conduct Interim Suspension Protocol provides https://www.nccc.edu/campus-safety/index.html

Interim Suspensions

Pending a formal hearing, the Title IX Coordinator (or designee) may suspend a student temporarily from the College immediately after an incident or upon a felony indictment of a student by a Grand Jury.

The following procedure is observed:

• When the Title IX Coordinator (or designee) judges the continued presence of a student may be a threat to the health and safety, either to him/herself or others, the Title IX Coordinator (or designee) will immediately conduct a threat assessment and launch a College investigation.
• The Title IX Coordinator (or designee) may suspend the student immediately upon receiving the outcome of the threat assessment/investigation, pending a conduct review/hearing if there is reasonable cause to believe the alleged violator’s presence on campus presents a continuing threat to the health and safety of the College community.
• The Title IX Coordinator (or designee) will inform the student in writing via College email, as well as by personal delivery of a written letter, or if this is not possible, by S. postal mail to the student’s usual place of residence or to a place where the student is currently being held, observed, or assisted (e.g., police station, jail, emergency room, medical facility, etc.). The notification letter will always be sent electronically to the student’s College email account.

The notice of interim suspension will include charges specifying the violation(s) and the name of the Administrative Hearing Officer in charge of hearing the case. A student placed on an interim suspension status is not permitted to attend classes in person or online, submit coursework or take exams, reside in campus housing, be present on College property, or attend any College- sponsored event. Additionally, the student is restricted from accessing North Country Community College Association Residence Halls as a resident or guest.

Failure to observe these restrictions may result in arrest for criminal trespass and/or additional disciplinary charges. When this administrative action is taken, a student is required to relinquish his/her room key(s), and any other College property in his/her possession. The College will not reimburse a student for any expenses incurred (e.g. hotel or food costs) during the interim suspension period. There is no appeal to the Title IX Coordinator’s (or designee) decision of an interim suspension pending a hearing, however a respondent has the right to be heard on the order and provide evidence to the Title IX Coordinator that supports reasonable modification. A conduct hearing will convene within a reasonable time considering the circumstances of each case including, but not limited to: (1) Time of academic year; (2) Availability of witnesses (especially any injured party); (3) Whether criminal charges are pending or an investigation is ongoing.          

Administrative Leave

NCCC retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with Employee Handbook and Student Code of Conduct.

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) college operating business days after the filing of the Formal Complaint, provided that the Process may be extended for a good reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of NCCC, including as an employee. For complainants who do not meet this criteria, the College will utilize existing policy in the Code of Conduct and/or the Sexual Misconduct Policy.

• https://www.nccc.edu/about/human-resources/hr-policies/index.html
• https://www.nccc.edu/campus-safety/index.html

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine if a Formal Complaint is necessary. NCCC will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.

Nothing in the Title IX Grievance Policy or Code of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Determining Jurisdiction

The Title IX Coordinator, or designee, will determine if the Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

1. The conduct is alleged to have occurred on or after August 14, 2020;
2. The conduct is alleged to have occurred in the United States;
3. The conduct is alleged to have occurred in North Country Community College’s education program or activity; and
4. The alleged conduct, if true, would constitute covered sexual harassment as defined in this

If all of the elements are met, NCCC will investigate the allegations according to the Grievance Process.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment.

Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator, or designee, will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.

Discretionary Dismissal

The Title IX Coordinator, or designee, may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

• A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
• The respondent is no longer enrolled or employed by NCCC; or,
• If specific circumstances prevent NCCC from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.

Notice of Removal

Upon dismissal for the purposes of Title IX, NCCC retains discretion to utilize the Code of Conduct and/or Sexual Misconduct Policy to determine if a violation of the Code of Conduct and/or Sexual Misconduct Policy has occurred. If so, NCCC will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the conduct process.

Notice of Allegations

The Title IX Coordinator, or designee, will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator, or their designee, may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice

The Notice of Allegations will include the following:

• Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the
• Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv);
• A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);
• A statement that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. The Student Code of Conduct prohibits furnishing false information to the College including, but not limited to, forgery, alteration, or misuse of, among other things, College documents or records. Furthermore, the Employee Code of Conduct states reporting of a false complaint is a serious In the event it is found that an individual bringing the complaint has knowingly made false allegations, North Country Community College may take appropriate remedial action and/or disciplinary action in accordance with the provisions of applicable collective bargaining agreement and/or state law.

Ongoing Notice

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Advisor of Choice and Participation of Advisor of Choice

NCCC will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.

The NCCC has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of NCCC.

NCCC will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

NCCC’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and NCCC cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. NCCC will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by NCCC.

Notice of Meetings and Interviews

NCCC will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.

For example, a request to take a five-day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five-day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally begranted.    

The Title IX Coordinator, or their designee, shall have sole judgment to grant further pauses in the Process.

Withdrawal Pending the Outcome of the Conduct Process

If a Respondent decides to withdrawal from the College at any point following the receipt of a Formal Complaint, New York State Education Law 129 B will be invoked, and a transcript notation will be administered. Per NYS Education Law 129 B section 6444 we are required by law to make a transcript notation for any respondent who withdraws during the conduct process. Specifically, law states, “for the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they withdrew with conduct charges pending.”

Investigation

General Rules of Investigations

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator, will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

NCCC and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from NCCC and does not indicate responsibility.

NCCC cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information, NCCC will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

1. Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
2. Inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. See, 85 Fed. Reg. 30026, 30307 (May 19, 2020).

The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format where possible. If not possible, a hard copy will be available. The institution is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) college business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report. Parties may request a reasonable extension as their designated extension request.

The institution may provide the parties five (5) college business days after the initial inspection and review of evidence, and before the investigator completes their Investigative Report, to provide additional evidence in response to their inspection and review of the evidence, and then provide the parties five (5) college business days to inspect, review, and respond to the party’s additional evidence through a written response to the investigator. Reg. 30026, 30307 (May 19, 2020).

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).

The parties and their advisors agree not to photograph or otherwise copy the evidence. See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).

Inclusion of Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. See, 85 Fed. Reg. 30026, 30438 (May 19, 2020).

Investigative Report

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator, will create an Investigative Report that fairly summarizes relevant evidence, and will provide that Report to the parties at least ten (10) college business days prior the hearing in an electronic format where possible. If not possible, a hard copy will be available for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. See, 85 Fed. Reg. 30026, 30304 (May 19, 2020).

Hearing

General Rules of Hearings

NCCC will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing, including the option for a live virtual hearing using remote technology.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at NCCC discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through remote video conferencing such as ZOOM or Google Meet. This technology will enable participants simultaneously to see and hear each other. At its discretion, NCCC may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded through audio recording or audiovisual recording That recording or a transcript of that recording will be made available to the parties for inspection and review.

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn See, 85 Fed. Reg. 30026, 30435 (May 19, 2020).

Continuances or Granting Extensions

NCCC may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, NCCC will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Participants in the live hearing

Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

• The parties cannot waive the right to a live
• The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. 85 Fed. Reg. 30026, 30361 (May 19, 2020).

• For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint. See, OCR Blog (May 22, 2020), available at https://www2.ed.gov/about/offices/list/ocr/blog/20200522.html

• NCCC will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure the party’s See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020).

• If a party does not submit to cross-examination, the decision-maker cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
  
• The decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions. See 34 C.F.R. §106.45(b)(6)(i).
  
  
• The parties shall be subject to the institution’s Rules of Decorum

The Decision-maker(s)

• The hearing body will consist of a panel of three (3) decision-makers and one (1) hearing facilitator who is not a decision-maker.
• No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
• No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular
• The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
• The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.

Advisor of choice

• The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
• The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-
• In addition to selecting an advisor to conduct cross-examination, the parties may select an advisor who may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party.
• The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
• The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular
• The advisor is not prohibited from being a witness in the
• If a party does not attend the live hearing, the party’s advisor may appear and conduct cross- examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
• If neither a party nor their advisor appear at the hearing, NCCC will provide an advisor to appear on behalf of the non-appearing See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).
• Advisors shall be subject to the institution’s Rules of Decorum Procedure, and may be removed upon violation of those Rules.

Witnesses

• Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).
• If a witness does not submit to cross-examination, as described below, the decision-maker(s) cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).
• Witnesses shall be subject to the institution’s Rules of Decorum

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

• Hearing Panel Facilitator will open and establish rules and expectations for the hearing;
• The Parties will each be given the opportunity to provide opening statements;
• The Hearing Panelists will ask questions of the Parties and Witnesses;
• Parties will be given the opportunity for live cross-examination after the Hearing Panelists conducts their initial round of questioning; During the Parties’ cross-examination, the Hearing Facilitator will have the authority to pause cross-examination at any time for the purposes of allowing the Hearing Panelists to ask follow up questions; and any time necessary in order to enforce the established rules of decorum.
• Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Hearing Panel Facilitator. A Party’s waiver of cross-examination does not eliminate the ability of the Hearing Panelists to use statements made by the Party.

Live Cross-Examination Procedure

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.

Before any cross-examination question is answered, the Hearing Facilitator will determine if the question is relevant based on the procedures regarding evidence disclosed in a Title IX investigation or hearing. Cross-examination questions that are duplicative of those already asked, including by Hearing Panelists, may be deemed irrelevant if they have been asked and answered.

Review of Transcript and/or Recording

The recording and/or transcript of the hearing will be available for review by the parties within 5 college business days, unless there are any extenuating circumstances. The recording and/or transcript of the hearing will not be provided to parties or advisors of choice.

Determination Regarding Responsibility

Standard of Proof

NCCC uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determines whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker.

Decision-makers shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.

Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Decision makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third- party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

The Final Rule requires that NCCC allow parties to call “expert witnesses” for direct and cross examination. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

The Final Rule requires that NCCC allow parties to call character witnesses to testify. NCCC does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness.

The Final Rule requires that NCCC admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non- academic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Panel may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their NCCC email account, or other reasonable means as necessary. The Determination will include:

1. Identification of the allegations potentially constituting covered sexual harassment;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding which section of the Code of Conduct, if any, the respondent has or has not violated.
5. For each allegation:
   1. A statement of, and rationale for, a determination regarding responsibility;
   2. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
   3. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
6. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by NCCC within ten (10) college business days of the completion of the hearing.

Finality

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Transcript Notations

For lesser violations of the Student Code of Conduct where the student has been suspended, the College will temporarily note the sanction of “conduct suspension” on the academic transcript for the duration of time that the student is suspended from classes. This disciplinary notation will be removed when the student returns to classes. If the student does not wish to return to the College,

but would like the notation removed from his/her transcript, he/she may make a request in writing to the Title IX Coordinator (or designee) to have the notation removed. If the request is approved, the notation will not be removed until after the sanction of suspension has expired. For serious violations, including Title IX policy violations, the sanction shall be permanently noted on the student transcript. The College will permanently note “conduct dismissal” on the transcript for a student expelled from the College. There is no opportunity to remove the notation of expulsion. These notations on a transcript for student misconduct are imposed by the Title IX Coordinator (or designee) and are subsequently placed on the student’s record in the Registrar’s Office.

Appeals

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) college business days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are as follows:

• Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures);
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.
• Students may appeal the "severity of sanction" that has been imposed by presenting a statement explaining why they feel the penalty is too severe.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal. If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals should be submitted in electronic form using 12 point font, and single-spaced. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards. Appeals will be reviewed and decided by an appeal panel, whose members will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decision-maker in the same matter. Appellate hearing panels have the option to (1) uphold the original decision and sanction, (2) institute a modified decision and/or sanction, or (3) request the case be reheard in its entirety. Option 3 will only be utilized in cases with significant procedural lapses that impacted the decision-making of the original Title IX Hearing Board. The determination of responsibility made by the appellate hearing board is final and may only be overturned by the Office of the President. The appellate hearing panel facilitator will communicate the results of any appeal simultaneously and in writing to the respondent, the Administrative Hearing Officer, the Associate Vice President of Student Affairs, Title IX Coordinator and/or the Vice President of Academic Affairs, and the President’s Office. Copies of all Title IX records will remain on file at the College for permanently.

Outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision.

Retaliation

NCCC will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment.

College’s Amnesty Policy: The health and safety of every student at North Country Community College is of utmost importance. NCCC recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential con sequences for their own conduct.

NCCC strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to NCCC officials or law enforcement will not be subject to NCCC’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

Complaints alleging retaliation may be filed according to the Employee Handbook and the Student Code of Conduct.

POLICY:  Tobacco Use
ADOPTED: April 18, 1991, April 24, 2001

POLICY STATEMENT:

As part of the College’s mission and our desire to most effectively serve our communities, the Board of Trustees adopted this policy for the safety, health and wellness needs of the College Community.

SCOPE:

The policy applies to all full-time and part-time students and employees of the College, the Board of Trustees and those affiliated groups which support the College including the members and employees of the North Country Community College Association and the North Country Community Foundation. It also applies to all members of the public.

POLICY:

In recognition of its responsibility to maintain a safe and healthy environment for all students, staff and visitors, as well as the health, safety and comfort benefits of a tobacco-free environment, the following on-campus Tobacco Policy is in force on all College property:

• The use of tobacco products by any member of the College Community, including guests in any building owned, operated, or controlled by the College is prohibited, and all such buildings are to be designated tobacco free;

• The use of tobacco products is prohibited within 25 feet of any building owned, operated, or controlled by the College, to include entrances, windows, and ventilation intake systems. Use of tobacco products is permitted only in outside areas completely open to the air. If wayward tobacco smoke intrudes on any interior workspace, smokers will be asked to move;

• The use of tobacco products is prohibited within 50 feet of the designated entrances of any College building. Said entrance will be clearly marked for smoke sensitive individuals;

• For safety and health reasons, tobacco users are required to properly dispose of tobacco waste and debris;

• The Maintenance Department is responsible for posting and maintaining appropriate interior and exterior signage, e.g., "Use of All Tobacco Products Prohibited";

• Questions about this policy and/or resources and referral services for cessation of tobacco usage may be submitted to the Director of Human Resources;

• Individuals exposed to second-hand smoke may file complaints with the Director of Human Resources; and

• Non-compliance with this policy will be handled in accordance with the provisions set forth in the North Country Community College Code of Conduct -Individual Rights and Responsibilities.

POLICY:  Vehicle Parking
ADOPTED: Oct 19, 1994, April 28, 2023

SCOPE:

The following policy applies to students, employees, and visitors on all North Country Community College campuses.

Maintenance vehicles loading/unloading and/or conducting college business are exempt from this policy. 

POLICY:

Parking Registration

Student and employees are required to register vehicles they will be parking on campus. Up to three (3) vehicles may be registered per individual.

Vehicle Parking

The College has designated parking zones for students, employees, and visitors to the campus. For students and employees, parking is permitted only in areas marked as parking spaces and zoned appropriately for the vehicle registered. Parking in these designated areas applies to weekdays during the academic calendar year from 7:30am - 4:00pm.

Parking is not permitted in areas assigned as loading and unloading zones, handicapped parking zones (unless one has the appropriate permits), regular roadways, or other traffic service areas.

Residential students are required to park their vehicles at the Residence Halls or in designated "Open Parking” on weekdays between the hours of 7:30am and 4:00pm. Violators will be ticketed.

Parking for People with Disabilities

Students, employees, and visitors accessing parking designated for those with disabilities must have the required permit or license plate. For additional information, contact the Office of the ADA/504 Coordinator. In some cases, an individual’s disability is temporary, and a special parking permit may be issued for a specified period of time. A physician's certification is necessary to verify eligibility for this parking. The physician's certification should clearly state the nature of the disability and need specify the anticipated length of accommodation.

SANCTIONS:

Individuals with 3 or more violations of the policy risk a) being prohibited from parking on college property, and/or, b) having their vehicles towed from College Property at the owner’s expense.

POLICY:  Video Surveillance
ADOPTED:  Feb 26, 2021

POLICY STATEMENT:

As part of the College’s mission and desire to ensure the safety and security of our students and employees, the purpose of this policy is to establish guidelines for, and manage the use of and access to, the NCCC video surveillance system that is used to monitor and record public areas for the purposes of safety and security.

SCOPE:

The policy applies to all full-time and part-time students and employees of the College, the Board of Trustees, and those affiliated groups which support the College, including the members and employees of the North Country Community College Association and the North Country Community College Foundation. It also applies to all members of the public on College property or any property used or leased by the College.

POLICY:

The College reserves the right to place cameras on College-owned property where necessary and appropriate, as one strategy to protect the campus community. The purpose of this policy is to establish guidelines for, and manage the use of and access to, the NCCC video surveillance system that is used to monitor and record public areas for the purposes of safety and security. Cameras used as part of this may not make audio recordings. This policy does not apply to legitimate academic use of video cameras for educational purposes or to private video cameras owned and operated by members of the campus community.

DEFINITIONS:

• Video surveillance- The act of capturing motion picture images of a targeted area.

• Video surveillance system- The hardware (cameras, monitors, personal computers, wiring, network access points, servers, memory storage devices, etc.), and software that runs the cameras, computers, servers, and supports the capture and recording of video images on NCCC property.

• Monitoring- The viewing of live video images as they are happening.

• Video information- Any information captured by or stored within the video surveillance system.

• Video surveillance system operator- An employee authorized to access the NCCC video surveillance system.

GENERAL PRINCIPLES:

1. Video surveillance of public areas is widely used by law enforcement, private security organizations and on College campuses in the United States and is a critical component of a comprehensive security plan.

2. The purpose of video surveillance cameras in public areas is to deter crime and to assist the College in protecting the safety and property of the College community. This can be accomplished by the presence of the cameras as well as the historical record they provide.

3. Use of video surveillance for purposes other than safety and security undermines the acceptability of these resources for critical safety goals and is therefore prohibited.

4. Video recording/monitoring for security purposes will be conducted in a professional, ethical, and legal manner and is not to include audio recordings. Video surveillance system operators will be appropriately trained in the responsible use of this technology. Violations of the procedures referenced in this policy will result in disciplinary action consistent with the rules and regulations governing employees of the College.

5. Video monitoring of public areas for security purposes is limited to uses that do not violate the reasonable expectation to privacy as defined by law. Cameras will not be installed in areas where there is an expectation of privacy, which includes restrooms, locker rooms, dressing rooms, and similar designated areas.

6. Installation and use of covert cameras may be used in special circumstances. Covert cameras will only be employed to aid in criminal investigations and require approval of the President or their designee.

PROCEDURES AND PROCESS:

Video Surveillance Camera Placement:

1. The College may establish temporary or permanent video surveillance cameras in public areas of College property. These cameras may not make audio recordings.

2. This policy does not apply to covert cameras used by a law enforcement agency for criminal surveillance as governed by New York Penal Law.

3. Cameras may not be established in private areas of the campus without obtaining a warrant and only subject to #2 above. Private areas include bathrooms, shower areas, locker and changing rooms, areas where a reasonable person might change clothing, or private offices.

4. Cameras shall not be directed or zoomed into the windows of any private residential building including residence halls.

5. Cameras shall not be directed or zoomed into the windows of any private building not on College property.

Notification to the Campus Community:

1. The campus community will be notified that cameras may be utilized. Postings may accompany cameras or simply be posted at the campus entrances, and this policy will be made available to all students, faculty, staff, and visitors and included in the College Catalog as well as located on our website.

Video Surveillance Camera Use and Non-use:

1. Cameras are to be used exclusively for campus safety purposes.

2. Cameras are not to be used to monitor individual students, faculty, or staff, except as necessary for a criminal investigation and/or in accordance with the terms of a warrant. Cameras may be used to monitor a student or employee work area, such as an area with financial transactions. Cameras used to monitor a work area should not be able to view the contents of computer screens. If the cameras can pan to view computer screens, electronic shielding should be utilized so that these cameras are not used to monitor employee computer use.

3. Cameras may be used to prosecute violations on campus, provided that there is a video record of such behavior. However, in general, video surveillance is not to be used to collect data on students, such as parking patterns or student activity.

4. Cameras are not to be used to evaluate employee performance nor to monitor employees during their non-working time.

 

Establishment of Video Surveillance Cameras on Campus

1. A multi-disciplinary team composed of representatives from the College community, including but not limited to, representatives from Academic Affairs, Facilities, Information Technology, Student Affairs, and the NCCC Association, will determine the placement and use of video surveillance cameras on each campus. That team will also seek to have representation from all three campuses and will communicate the plan to the entire campus community.

Video Surveillance Cameras Monitoring

1. Video may only be monitored by those approved by the College to do so. No students may be hired to monitor video. No unapproved employees may monitor or view video for any reason except as necessary in the course of an investigation or adjudication.

2. If the College feels it is necessary to aid in an investigation or search, small video clips or image stills may be released to the media or the public. Prior to releasing the video clip or image still, the face and identifying features of all those on video but not of interest to the investigation should be blurred.

3. Those approved to monitor video will receive training in effective, legal and ethical use of the monitoring equipment. These individuals will receive a copy of this policy, provide written acknowledgement that they have read and understand this policy and receive any and all updates or amendments to this policy.

Authorized Access and Use of Video Surveillance Footage

1. The President or their designee may authorize employees of the College view-only access to the video surveillance system when there is a defined operational reason for having access (e.g. student and employee safety, protection of assets, or the management of access to areas of the facilities).

2. All employees authorized to access video surveillance and monitoring of public areas will perform their duties in accordance with the procedures contained in this policy, other College policies and procedures, and relevant laws. Those employees include the President, Vice President for Academic Affairs, Vice President for Marketing and Enrollment, Associate Vice President of Student Affairs, Human Resources Director, Assistant Dean of Information Technology, and security personnel. In circumstances affecting the operations of either a campus or particular operations on campus (e.g. the Connector), Campus Coordinators and the Executive Director of the North Country Community College Association may also have access.

3. These authorized video surveillance system operators may facilitate the viewing of the video surveillance system by victims, witnesses, and any other relevant individuals during the course of an investigation.

4. Video surveillance system operators will not monitor individuals on the basis of race, color, national origin, religion, creed, age, disability, self-identified sex, gender identity or expression, status of being transgender, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, carrier status, military or U.S. veteran status, domestic violence victim status, prior criminal conviction, socioeconomic status, or any other differences among people which have been excuses for misunderstandings, divisiveness, or hatred or other characteristics protected by law and/or College Policy. Video surveillance system operators will monitor individual activities based upon information developed by investigation, observed suspicious or criminal behavior, and not solely on individual characteristics.

5. Video surveillance system operators will not monitor individuals or groups based solely upon their exercise of the right to assemble in public and protest the actions of government or other groups. Video surveillance system operators will monitor gatherings only for protection of the group or the public from criminal activity.

6. Additional access to the video surveillance system as an authorized user may only be approved by the President or their designee.

7. Requests to view live video can be made to the Associate Vice President of Student Affairs. The request should identify the location and the purpose for the access consistent with this protocol.

8. Requests to review historic video information of an incident may be made to the Associate Vice President of Student Affairs or the Assistant Dean of Information Technology. Approval to review the information will be based on an evaluation of the request.

9. Requests for historic video information involving suspected criminal activity are made to sworn members of law enforcement with jurisdiction at the campus. Approval for review or release of the information to non-law enforcement personnel requires the approval of the President or their designee.

Requests to review recorded video information

Internal Requests

1. Video requested by NCCC video surveillance system operators is not subject to the records request procedures. It is the responsibility of the person retaining the information from the system to articulate the reason for the retention of the information, and to document the information retained in an appropriate Campus Safety report.

2. Video requested by persons other than video system surveillance system operators must be approved by the President of their designee, who will defer any inquiry regarding a criminal case or potential evidence to the appropriate District Attorney’s office.

3. If the video relates to an issue involving employee conduct, then no video will be released without approval of the Director of Human Resources who, in conjunction with the College attorney, will determine if usage is legal and falls within the agreement between NCCC and its employees.

External Requests

1. Requests from governmental agencies for reasons of public safety will be accommodated immediately and not subject to a records release.

2. Requests from any other external agency (such as media requests, or requests of individuals or legal counsel) must be referred to the NCCC President’s Office, which will instruct the Associate Vice President of Student Affairs or the Assistant Dean of Information Technology as to what video information is authorized for release and identify the entity that may receive it.

Storage of Video Surveillance Footage

1. NCCC video recorders and video information will be kept in secured locations, protected from unauthorized access.

2. All information captured by the NCCC video surveillance system is considered to be potential evidence and treated as such. Thus, video is generally retained for 90 days and will be treated as confidential.

3. After a request is made, the video system will be checked to determine that the requested video is available. If approvals for access to video footage are pending, then an archive copy must be made and stored as evidence pending the decision.

Reference Standards:

IACLEA Security Technologies Task Force Report CCTV

NCCC Freedom of Information Law (FOIL) Compliance policy

SUNY Video Surveillance Policy https://system.suny.edu/media/suny/content-assets/documents/police/2008-97-SUNY-Video-Surveillance-Policy.pdf

POLICY:  Workplace Violence Prevention
ADOPTED:  April 28, 2023

SCOPE:

The policy applies to students, employees, College-affiliated individuals, and visitors to/guests of the College.

POLICY: 

North Country Community College is committed to the safety and security of our students, employees, and visitors. Workplace violence presents an occupational safety hazard. Conduct that threatens, intimidates, or coerces another employee, student, College affiliated individual, or member of the public at any time, including off-duty periods, will not be tolerated.  The prohibition includes all acts of harassment, including harassment that is based on an individual’s sex, chosen gender, race, age, or any other characteristic protected by federal, state, and/or local law.

Incidents of violence or threatening behavior will be responded to immediately upon awareness or notification. Threats, threatening behavior, or acts of violence against employees, visitors, guests, or other individuals will be thoroughly investigated and appropriate action taken, including summoning police authorities when warranted. If appropriate, North Country Community College will also provide counseling services or referrals for employees and students.

The goal of this policy is to promote the safety and well-being of all people in the workplace.  All employees and students are responsible for helping to create an environment of mutual respect for each other. To that end, employees must follow all policies, procedures and program requirements to assist in maintaining a safe and secure work environment.

Employees, students, and visitors are to be treated with courtesy and respect at all times and are expected to refrain from fighting, “horseplay” or other conduct that may be dangerous to others.  Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from all College buildings and grounds without proper authorization and state licensing compliance. 

This policy is designed to meet the requirements of NYS Labor Law 27b, which is intended to ensure that the risk of workplace assaults and homicides is evaluated by affected public employers and that such employers design and implement workplace violence protection programs to prevent and minimize the hazards of workplace violence to public employees. Reports of workplace violence incidents will be used to review the effectiveness of the mitigating actions taken. Information and training on the risk of workplace violence will be provided to all employees upon hire and annually thereafter.

DEFINITIONS:

Workplace violence - any physical or verbal assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of their employment, including but not limited to:

• An attempt or threat, whether physical or verbal, to inflict physical injury upon an employee or student;
• Any intentional display of force that would give an employee or student reason to fear or expect bodily harm;
• Intentional and wrongful physical contact with an employee or student without his or her consent that entails some injury;
• Stalking an employee or student in a manner that may cause the employee or student to fear for their safety and health when such stalking has arisen through and in the course of employment; or
• Harassment and/or intimidation that disrupts the College environment or results in fear for personal safety.  Such behavior can include oral or written statements, gestures, and expressions that communicate a direct or indirect threat of physical harm. 
  
  

Violent Acts – Physical force exerted for the purpose of violating, damaging, or abusing an individual or property.

Coerce – To force to act or think in a certain way by use of pressure, threats, or intimidation.

Harassment – Subjecting a person to overt or covert threats, taunts, vilification, ridicule, degradation, or ethnic or sexual slurs.

Intimidation – Coercion or attempts at coercion of an individual through the use of fear-inducing conduct by another.

Horseplay – Rough or rude practical jokes or pranks.

Firearm – A weapon capable of firing a projectile and using an explosive charge as a propellant (i.e., pistol or rifle).

Weapon - An instrument of attack or defense.

Threat – An oral or written expression (or inference) of an intent to inflict pain, injury, or punishment on an individual or to damage property.

REPORTING PROCEDURES AND RESPONSIBILITIES:

All North Country Community College employees and students are responsible for notifying the Human Resources Office and/or Office of Student Life of any violent incidents or threatening behavior, or that an imminent danger of workplace violence exists.

The College will neither retaliate against those who report potential incidents of violence nor discriminate against victim of such violence.

An employee, student, or member of the College community who applies for or obtains a protective or restraining order from a court or law having jurisdiction as determined by the College, that lists College locations should provide a copy of the petition and declarations used to seek the order, and should provide a copy of any temporary or permanent protective or restraining order that is granted to the Human Resources Office and/or Office of Student Life as applicable.  The College has confidentiality procedures that recognize and respect the privacy of reporting employees and students.

The College will provide annual violence prevention training for all employees.

INVESTIGATION AND RESPONSE PROCEDURES:

Incidents of violence, threats, harassment, and intimidation, the possession of unauthorized firearms and other weapons, or other disruptive behavior will not be tolerated.  Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, up to and including dismissal or expulsion, and/or criminal penalties as set forth below.

SANCTIONS:

In the event of a violation, the sanctions within the Code of Conduct may be imposed and include, but may not be limited to:

STUDENT: The following types of sanctions may be imposed upon a student found in violation:

• A range of disciplinary statuses as outlined in the Student Code of Conduct, including warning, probation, suspension or expulsion.

• Restrictions on activities or privileges.

• Restitution may be imposed, which may include direct payment for damages caused by the offender or indirect payment of the same through service to the College.

• Administrative Withdrawal from a course or Program Dismissal. No monetary refund of any College fees shall be allowed.

• Suspension from College may be imposed and shall mean that the student is not allowed to participate in any College activity in any form, including classes, for a specified length of time. No monetary refund of any College fees shall be allowed.

• Dismissal from the College may be imposed and shall mean that the student is prohibited from taking part in any College activity. No monetary refund of any College fees shall be allowed.  In such cases, the final decision is subject to review and final determination by the College President.

• In the event of criminal acts, further legal action by local law enforcement officials may be enforced.

 

EMPLOYEE: In the event a violation, disciplinary actions may include, but are not limited to:

• Corrective action, as applicable to collective bargaining agreements and applicable Civil Service Law Section 75.

• Suspension and or/termination, as applicable to collective bargaining agreements and Civil Service Law Section 75, if deemed appropriate.

• Restitution may be imposed, which may include direct payment for damages caused by the offender or indirect payment of the same through service to the College.

• In the event of criminal acts, further legal action by local law enforcement officials may be enforced.

 

Notes and Resources:

• NYS Labor Law 27b
• NYS Workplace Violence Prevention Plan Regulations
• NYS DOL Workplace Violence Prevention Information
• https://www.nysenate.gov/legislation/laws/PEN/265.01-A
• https://dol.ny.gov/workplace-violence-prevention-information