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General Information

History

Since opening its doors in 1966, Wallace State has served hundreds of thousands of students, and more than 25,000 have been awarded degrees or diplomas. From fewer than 30 students in Wallace State’s very first graduating class in 1967 to the most recent graduating class of more than 1,800, Wallace State has improved the quality of lives of hundreds of thousands of students. Wallace State Community College, originally named George C. Wallace State Trade School of Cullman County, was approved by the State Legislature on May 3, 1963. The Alabama Community College System Board of Trustees appointed Dr. Ben Johnson as director in 1965. Classes began on August 1, 1966 with 10 instructors, 11 programs, and 59 students. Dr. James C. Bailey became the institution’s second president on February 16, 1971. Wallace State obtained accreditation by the Southern Association of Colleges and Schools Commission on Colleges in December of that same year. SACSCOC accreditation soon separated Wallace State from the other State trade schools in Alabama. Through its new community college status, Wallace State was able to offer an increasing variety of academic and health programs and today is recognized among the top producers in the nation of health care graduates, offering more two-year health programs than any other college in the state. Wallace State Community College is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associate degrees. Contact the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Wallace State Community College. Many instructional programs have additional accreditation from organizations appropriate to their particular disciplines. Dr. Vicki P. Karolewics was appointed Wallace State’s third president on August 28, 2003. An era of transformation, innovation and expansion, and a focus on excellence have been the hallmarks of her leadership. Wallace State received the best SACSCOC reaffirmation of accreditation review in the College’s history. Wallace State’s ambitious multi-million dollar Technology Plan received a rare commendation from SACSCOC. President Karolewics’ student success agenda – Start Early, Start Right, Finish, and Succeed – has made Wallace State among the nation’s top colleges for student outcomes. Students obtain unprecedented levels of success, whether transferring, taking licensure exams or finding employment. Their satisfaction has been reflected in the College’s retention rate, which exceeds state and national averages. The College’s physical campus and online presence have continued to grow with demand. The College expanded its commitment to the community with the 2010 opening of a center for fine and performing arts named for generous benefactors Ottis and Evelyn Burrow. This facility, which features The Evelyn Burrow Museum, a museum of fine and decorative arts, is the locus for cultural arts events of all kinds, bringing talented authors, artists, filmmakers and musicians to campus and giving students and community members the opportunity to celebrate many facets of arts and culture and to present and enjoy creative works. The addition of a school of Nursing and Center for Science in 2014, a space designed for cross-disciplinary learning, includes a national model hospital simulation center. This facility also includes a large conference center. Extensive renovations have ensured technical programs meet or exceed industry standards. New fully online associate in arts and associate in science degrees have been added to an increasing array of online offerings. A new Wallace State location in Oneonta, and a new instructional site in Winston County allow the College to offer higher education to previously underserved populations. The Fast Track Academy, Fast Track for Industry, the Fine and Performing Arts Academy have enhanced offerings to high school students on campus, while the dual enrollment student population continues to multiply. During Dr. Karolewics’ tenure, Wallace State has been recognized for its innovations in teaching and learning on the state and national levels. Dr. Karolewics has built partnerships with business and industry, educational institutions, and community leaders, while expanding the College’s ability to develop its resources through the attainment of competitive grants. In recent years, the College has been rated the first choice among community colleges by high school seniors taking the ACT, ranked among the Top Three in the South for Workforce Development, repeatedly designated by the Aspen Institute as one of the top 150 community colleges in America according to student outcomes, and selected for a number of prestigious initiatives, including the American Association of Community College’s Pathways Project and the American Association of Colleges and Universities Roadmap Project. In 2016, Wallace State was named a Center of Excellence in Nursing Education by the National League of Nursing, one of only two colleges and universities in Alabama to earn that distinction. Wallace State has also been nationally ranked among the “Top 100 Community Colleges,” among the “Top 50 Associate Degrees: Health Professions and Related Clinical Sciences” by Community College Week, and among the “Fastest Growing Community Colleges” in the U.S. Wallace State was designated an Achieving the Dream Leader College in 2017, for its intense efforts to continually improve student success. It is one of just 180 All-Steinway Schools in the world. Wallace State’s athletic success has extended to 18 ACCC All-Sports Trophies, national championships in

cheerleading and softball, numerous conference titles, scores of academic All-Americans and All-Americans by sport, and professional athletes in baseball and golf. Today, Wallace State is among the largest colleges in the Alabama Community College System and a virtual powerhouse in educational programming, with a wide variety of majors leading to degree, certificate, and transfer opportunities, and a credit and non-credit semester enrollment of approximately 6,500 students. The College is part of a system that serves the education and workforce training needs of 300,000 people and has been conservatively estimated to produce a $3 billion annual economic impact on this state and in our communities.

The real impact, however, is in improving the lives of students through education. Two-year college graduates today earn 24 percent more in the workplace than their workplace counterparts with less education. Eighty percent of the new jobs available in the next decade will require a minimum of two years of postsecondary education, making Alabama’s two-year colleges and Wallace State more important than ever. Mission

Wallace State Community College is committed to learning and engagement that transform lives and communities. In support of the mission, Wallace State Community College is committed to student success through a student centered, innovative, engaging, and supportive learning environment; teaching excellence; respect for uniqueness and diversity; strategic partnerships that advance community, workforce and economic development; cultural enrichment of our communities; and accountability and integrity. Values

Wallace State Community College affirms these values: • Commitment to learning • Dedication to excellence • Academic integrity • Creative thinking • Respect for individual dignity and worth • Civic responsibility • Collaboration and partnerships Academic Freedom Statement

Wallace State Community College subscribes to the following principles in regard to academic freedom: 1. The instructor is free to conduct independent research and to publish the results so long as such activity does not interfere with assigned academic duties; however, research for monetary gain should not be undertaken without an understanding with the appropriate college dean. 2. In the classroom, the instructor has full freedom to discuss subject matter. The instructor should not introduce irrelevant, controversial matter in the

instruction. Within this limitation, the College protects the rights of both the student and the instructor to a “free search for truth and its free exposition.” 3. The College respects the rights and privileges of the instructors as citizens, but instructors’ positions impose special obligations. Hence, the instructors are free from institutional censorship or discipline when they speak, write, or act as citizens; however, instructors should always be mindful of the fact that the public may judge the College by their words and behavior. Instructors should therefore maintain accuracy, exercise restraint, respect the opinions of others, and make it clear that they are not spokespersons for the institution.

Academic Integrity Pledge

Ethical behavior is important to the foundation of Wallace State’s educational system. Students will be asked to make and sign a simple honor pledge on all work: “I pledge on my honor that I have neither given nor received any unauthorized assistance on this assignment/examination.” Learning necessitates personal challenge and support, with individual students doing their own work under the tutelage of instructors. Non-Discrimination Policy

It is the policy of the Alabama Community College System Board of Trustees and Wallace State Community College, a postsecondary institution under its control, that no person shall, on the grounds of race, color, sex, religion, marital status, national origin, disability, sexual orientation, gender, age, or any other protected class as defined by federal and state law, be excluded from participation in, be denied benefit of, or be subjected to discrimination under any program, activity, admission treatment or employment. Wallace State Community College does not discriminate in employment on the basis of race, color, religion, marital status, age, sex, national origin, disability, sexual orientation, gender or age, be excluded from participation in, be denied benefit of, or be subjected to discrimination under any program, activity, admission treatment or employment. Wallace State Community College does not discriminate in employment on the basis of race, color, religion, marital status, age, sex, national origin, sexual orientation, gender or handicap unrelated to job performance. Wallace State Community College complies with the Age Discrimination in Employment Act of 1967, as amended with the Vietnam Era Veterans’ Readjustment Act of 1974, with the Immigration Reform and Control Act of 1986, with Section 504 of the Rehabilitation Act of 1973, and Americans with Disabilities Act and ADA Amendment Act of 2008. The commitment to equal opportunity applies to all aspects of recruitment, employment, and education of individuals at all levels throughout the College.

The policy of nondiscrimination on the basis of sex is required by Title IX of the Education Amendments of 1972 (20 USC paragraph 1681, et. seq.) and Title 45, Part 86 of the Code of Federal Regulations. The College will not retaliate against any person because they have engaged in a protected activity opposing the College or because they have made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing alleging discrimination on a basis specified above. Any inquiries or complaints concerning the application of other legislation and its implementing regulations as they relate to Wallace State Community College should be directed to:

Title IX Coordinator Title IX Coordinator

Wallace State Community College Wallace State Community College

Telephone: 256.352.8340 Telephone: 256.352.8340

Address: P.O. Box 2000, Hanceville, AL 35077 Address: P.O. Box 2000, Hanceville, AL 35077

Drug-Free Workplace Policy

In compliance with the drug-free workplace requirements of Public Law 100-690 for recipients of federal contracts and grants, the following policy is in effect for Wallace State Community College: 1. The unlawful manufacture, distribution, possession, or use of a controlled substance is prohibited by

Wallace State Community College on any property owned, leased, or controlled by Wallace State

Community College or during any activity conducted, sponsored, authorized by, or on behalf of

Wallace State Community College. A “controlled substance” shall include any substance defined as a controlled substance in Section 102 of the Federal

Controlled Substance Act (21 U. S. Code 802) or in the Alabama Uniform Controlled Substance Act (Code of Alabama, Section 2-2-1, et seq.). 2. Wallace State Community College has and shall maintain a drug-free awareness program to inform employees concerning the following: A. The dangers of drug abuse in the workplace. B. Maintenance of a drug-free workplace. C. Drug counseling and rehabilitation programs. D. Possible penalties for drug-abuse violations. 3. Any employee who is convicted by any Federal or

State Court of an offense that constitutes a violation of paragraph one shall notify the President of

Wallace State Community College in writing of said conviction within five (5) days after the conviction occurs. Conviction, as defined in P.L. 100-690, shall mean “a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both.” Any employee who has been convicted by any Federal or State Court of an offense that constitutes a

violation of paragraph one since completing his or her initial application shall notify the President immediately to avoid possible future complications. 4. In the event of a report of a conviction pursuant to paragraph three, providing that the employee is working in a project or a program funded through a

Federal contract or grant, Wallace State Community

College shall notify in writing within ten (10) days any

Federal agency to whom such notification by

Wallace State Community College is required under

P.L. 100-690. 5. In the event that an employee violates the provisions of paragraph one or receives a conviction as described in paragraph three, the respective employee shall be subject to appropriate disciplinary action which may include, but is not limited to, termination of employment. Wallace

State Community College shall also reserve the right to require said employee, as a condition of continued employment, to complete a drug treatment or rehabilitation program of a reasonable duration and nature, at the employee’s own expense. 6. Wallace State Community College shall make a good-faith effort to ensure that paragraphs 1-6 are followed. 7. Each employee of Wallace State Community

College shall receive a copy of this policy.

Clean Air Policy

In an effort to promote a healthier educational environment, WSCC adopted a Clean Air Policy beginning in 2011. Smoking or the use of tobacco products and vaporproducing electronic devices (excluding meter-dose inhalers and nebulizers prescribed by a physician) are prohibited on WSCC property. Omnibus Transportation Employee Testing Act Policy

In conjunction with its Drug-Free Workplace Policy, the College also complies with the Omnibus Transportation Employees Testing Act of 1991. This act relates to those employees possessing or required to possess a Commercial Drivers’ License (CDL). Any employee in or applicant for such a CDL position has special obligations to notify the College that he or she has recently or is currently using certain physicianprescribed drugs or other medication that may affect that person’s test results and/or ability to perform his or her duties. Current CDL employees are subject to the following rules: • When reasonable suspicion reasonable suspicion exists that an employee has used a controlled substance or has otherwise violated the substance abuse rules, he/she may be tested. • The College may conduct unannounced random random testing testing.

• When an Employee is involved in any accident accident resulting in injury or damage to College property, he/she must notify the Director of Auxiliary or Chief of Police. • When an employee returns from substance-abuse rehabilitation, the College may require that he/she submit to follow-up testing follow-up testing. • All affected employees may be required to undergo urinalysis urinalysis as part of a re-certification physical examination.

The complete policy and pertinent procedures are available in the office of the Director of Human Resources. This policy and procedures cover Testing Procedures, Collection Sites, Collection Procedures, Occasions When the Collection Personnel Should Directly Observe the Specimen Being Provided, Evaluations and Return of Results to the College, Request for Retest, Release of Test Results, Discipline, and Investigations and Searches. Title IX Sexual Harassment Complaint Procedures

A. INTRODUCTION

Wallace State Community College is committed to providing a workplace and campus community free of sexual misconduct and harassment. As required by Title IX of the Education Amendments of 1972, the College does not discriminate on the basis of sex in its education programs and activities. This includes discrimination affecting employees of the college and applicants for employment, students and applicants for admission, or members of the public. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others, whether on college premises or at any College owned off campus location and while participating in any educational program or activity of the College. Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972 and the Violence Against Women Act. This policy is intended to reaffirm the College’s commitment to address sexual harassment and take steps to prevent its reoccurrence and preserve or restore equal access to the College’s education programs and activities. Dating violence, domestic violence, and stalking may also be considered forms of sexual discrimination. Due to the seriousness of these offenses, the College has adopted specific policies and procedures, outlined in the Student Handbook, employment policies, and webpage, to address alleged instances of sexual harassment, sexual misconduct, sexual assault, dating violence, domestic violence, and stalking. The College believes that no person should bear the effects of sexual harassment alone. When such conduct occurs, the College’s paramount concern is for the safety and well-being of those impacted. To support and assist students, the College provides a range of resources that include a trained counselor. Under Title IX, individuals reporting allegations related to sexual harassment and/or sexual violence, have the right to a resolution of their complaint, to have the college conduct a prompt, thorough and impartial investigation, and to receive supportive measures to ensure the safety and wellbeing of the individuals involved and the college community. When allegations of sexual harassment and/or sexual violence in any form are brought to the attention of the Title IX Coordinator, and if a responding party is found to have violated this policy, serious sanctions will be used to prevent its reoccurrence. Wallace State Community College does not tolerate or condone retaliation. Individuals wishing to report reporting sexual harassment and/or sexual violence and/or to make inquiries concerning the application of Title IX at the College may contact:

Dr. Ryan E. Smith Vice President for Students/Title IX Coordinator for Students

801 Main Street

Hanceville, Alabama 35077 Phone: 256-352-8340

Email: ryan.smith@wallacestate.edu and/or Lisa J. German

Vice President for Learning/Title IX Coordinator for Employees 801 Main Street

Hanceville, Alabama 35077 Phone: 256-352-8306

Email: lisa.german@wallacestate.edu and/or Assistant Secretary U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Building 400 Maryland Avenue, SW Washington, DC 20202-1100 Telephone: 800-421-3481

Fax: 202-453-6012; TDD: 800-877-8339 Email: ocr@ed.gov Information regarding the Title IX Coordinator and their role will be provided to all faculty, staff, students, applicants for admissions, and applicants for employment. Also, this information is available on the College website at https://www.wallacestate.edu/aboutwscc/title-ix under the Title IX webpage.

POLICY

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

B. DEFINITIONS RELATING TO SEXUAL HARASSMENT

Many terms are used in the context of sexual harassment. The following will provide some common definitions and examples. Actual knowledge: Actual knowledge: The notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official of the College who has authority to institute corrective measures of behalf of the College shall be deemed actual knowledge on the part of the College. Complainant: Complainant: is an individual who is alleged to be the victim of conduct that could constitute sexual harassment. For the purposes of this procedure a Complainant may be an individual applying for admission or employment, an employee, a student or an individual otherwise participating in or attempting to participate in the College’s education programs and activities. Respondent: Respondent: is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Formal complaint: Formal complaint: is a document filed by the complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the College investigate the allegation of sexual harassment. Note: At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an educational program or activity of the College at which the formal complaint is filed. Consent: Consent: “Consent” must be informed, voluntary, and mutual and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether or not a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. Incapacitation: Incapacitation: An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, intoxication, or any other state where the individual is unaware that sexual contact is occurring or is otherwise unable to give informed and voluntarily consent. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact. Example: A person who is taking pain medication and falls asleep under the influence of the medication can be incapacitated and not be able to give consent to sexual contact.

Sexual Misconduct: Sexual Misconduct: Committing sexual abuse, sexual assault, sexual harassment, sexual exploitation, or statutory rape, as defined below or under Alabama state law.

Harassment: Harassment: The striking, shoving, kicking, or otherwise touching or making physical contact in regard to another for the purpose of harassing, annoying or alarming; and/ or directing abusive or obscene language or making an obscene gesture toward someone for the purpose of harassing, annoying, or alarming. Example: Making or using persistent derogatory comments, epithets, or slurs that place a person in a hostile or fearful environment or where the person’s safety is in jeopardy. Sexual harassment: Sexual harassment: Conduct on the basis of sex that satisfies one or more of the following: • A school employee conditioning education benefits on participating in unwelcome sexual conduct (i.e. quid pro quo); • Unwelcomed conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity; or • Stalking, dating violence, or domestic violence. Definitions of Sexually Based Offenses Sexual abuse in the first degree: a. A person commits the crime of sexual abuse in the first degree if: 1. He subjects another person to sexual contact by forcible compulsion; or

2. He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated. b. Sexual abuse in the first degree is a Class C felony (Alabama Code 13A-6-66). Sexual abuse in the second degree: a. A person commits the crime of sexual abuse in the second degree if: 1. He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or 2. He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old. b. Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony (Alabama

Code 13A-6-67). Rape in the first degree: a. A person commits the crime of rape in the first degree if: 1. He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or 2. He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or 3. He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. b. Rape in the first degree is a Class A felony (Alabama

Code 13A-6-61). Rape in the second degree: a. A person commits the crime of rape in the second degree if: 1. Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex. 2. He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective. b. Rape in the second degree is a Class B felony (Alabama Code 13A-6-62). Sodomy in the first degree: a. A person commits the crime of sodomy in the first degree if: 1. He engages in deviate sexual intercourse with another person by forcible compulsion; or 2. He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or 3. He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old. b. Sodomy in the first degree is a Class A felony (Alabama Code 13A-6-63). Sodomy in the second degree: a. A person commits the crime of sodomy in the second degree if: 1. He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old. 2. He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. b. Sodomy in the second degree is a Class B felony (Alabama Code 13A-6-64). Domestic Violence: Domestic Violence:

Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, 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 the jurisdiction (34 U.S.C.12291(a)(8). In Alabama, domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant (Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees). Dating Violence: Dating Violence:

Means 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 will be determined based on a consideration of the following factors: ◦ The length of the relationship, ◦ The type of relationship, ◦ The frequency of interaction between the persons involved in the relationship (34 U.S.C.12291(a) (10). In Alabama, dating violence is covered under Alabama Code Section 13A, Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees. Stalking: Stalking:

Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress 34 U.S.C.12291(a)(30). In Alabama, stalking is when a person intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm (13A-6-90 Stalking in the first degree) or a person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct (Section 13A-6-91 Stalking in the second degree). Sexual assault: Sexual assault:

Means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting systems of the Federal Bureau of Investigation 20 U.S.C.1092 (f)(6)(A)(v). Victims Option to Report Victims Option to Report

Students and employees who are victims of crime including rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking, are encouraged by the College to report but do have the option not to report the incident to campus law enforcement, or local law enforcement. In those cases, the victim may still seek assistance confidentially from Crisis Services of North Alabama or any other victim service agency of their choosing. Formal Complaint Process Formal Complaint Process

A. INITIAL STEPS

Any student or employee of the College or applicant for employment or admission who has a complaint against a student or a member of the College faculty, staff, or administration concerning sexual harassment (Title IX of the Educational Amendments of 1972) or has knowledge of any conduct constituting sexual harassment in an educational program or activity of the College or which occurred on property owned by the College or controlled by the College should report the complaint to the campus Title IX Coordinator [https://www.wallacestate.edu/about-wscc/title-ix]. An educational program or activity of the College includes, but is not limited to locations, events or circumstances over which the College exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes buildings owned or controlled by a student organization that is officially recognized by the College. B. REPORTING A COMPLAINT

Any individual may report sexual harassment incident to Title IX Coordinator in person, by email, by telephone, or in writing. The report must include the names of the Complainant(s) and Respondent(s), approximate date of incident, facts of the incident, and contact information for the person submitting the complaint. The Title IX Coordinator will respond in writing to the person submitting the complaint as soon as practicable, but not exceeding five (5) business days. If the person submitting the complaint is not the Complainant, the Title IX Coordinator will also contact the Complainant within five (5) business days. If after a discussion with the Complainant, the Title IX Coordinator determines that the complaint does not qualify as a Title IX Complaint, the Title IX Coordinator will notify the Complainant in writing and may redirect the Complaint to the appropriate committee. If after a discussion between the Complainant and the Title IX Coordinator, the Title IX Coordinator determines that the complaint meets the criteria of a Title IX Complaint and the Complainant requests to file a formal complaint, the Title IX Coordinator will initiate the formal complaint process. C. SUPPORTIVE MEASURES

Supportive measures means non-disciplinary, nonpunitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the College’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The College must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Supportive measures will be offered to the Complainant within five (5) business days of receipt of the complaint.

Supportive measures will be offered to the Respondent simultaneously with the Notice of Allegations. D. STANDARD OF EVIDENCE FOR DETERMINING RESPONSIBILITY

For the purposes of College Title IX procedures, the College will use a “preponderance of evidence” standard for determining responsibility. Preponderance of the Evidence means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is evidence which as a whole shows that the fact sought to be proved is more probable than not.

E. FORMAL COMPLAINT PROCESS

A formal complaint must be submitted in electronic (email) or written format to the Title IX Coordinator and must be signed by the Complainant. In the event that under the circumstances a formal complaint should be pursued notwithstanding a Complainant’s desire not to file a formal complaint, the Title IX Coordinator may sign the complaint. The complaint must include the following: • the date of the original complaint, • names of Complainant and Respondent, • facts and description of the complaint, and • the request to investigate complaint. A Complainant must be participating in or attempting to participate in a College sponsored program or activity at the time the complaint is filed. F. DIMISSAL OF FORMAL COMPLAINT

The College may dismiss a formal complaint or allegations therein if: • the Complainant informs the Title IX Coordinator in writing that the Complainant desires to withdraw the formal complaint or allegations therein, • the Respondent is no longer enrolled or employed by the school, or • specific circumstances prevent the school from gathering sufficient evidence to reach a determination.

The College must dismiss a formal complaint or allegations therein if: • the allegations do not meet the definitions of sexual harassment • the alleged conduct did not occur within the United

States, or • the alleged conduct did not occur within a College sponsored program or activity. If the College determines the formal complaint or allegations therein will be dismissed, the Title IX Coordinator will provide written notice to both parties of the dismissal of allegations, and the reason for dismissal within five (5) business days of the decision to dismiss the complaint. G. NOTICE OF ALLEGATIONS

The Title IX Coordinator will provide simultaneous written notice of allegations, including sufficient details, and intent to investigate to the Complainant and Respondent no later than ten (10) calendar days after receipt of the formal complaint. The Title IX Coordinator will also provide both parties with the formal complaint, grievance and appeal process, possible sanctions and remedies, and availability of advisors. The written notice shall include a statement that the respondent is presumed not responsible for the alleged conduct, that the parties and their advisors may review and inspect evidence, and advise the parties of the provisions of the College Code of Conduct relating to making false statements or submitting false information during the grievance process. The Title IX Coordinator will additionally notify the Title IX investigator of the pending investigation and provide a copy of the formal complaint. H. ADVISORS

In addition to providing the Complainant and Respondent with written notice of allegations and intent to investigate, the Title IX Coordinator will inform the parties of the availability of advisors. Both parties shall have the right to retain, at the respective party's own cost, the assistance of legal counsel or other personal representative advisor. In the alternative, either or both parties may also request an advisor provided by the College. Only an advisor may conduct cross-examination during the live hearing. Neither party may dismiss a College appointed advisor. I. INVESTIGATION PROCEDURE

The Title IX investigator is responsible for conducting an investigation of the submitted formal complaint. The Title IX investigator will have received Title IX investigator training within the current academic year. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties. The Title IX investigator will notify the Complaint and Respondent in writing of the intent to investigate within five (5) business days of receipt of the formal complaint and will commence interviews within ten (10) business days or receipt of the formal complaint. The Title IX investigator will notify the Complainant and Respondent and their respective advisors in writing of all individuals the investigator intends to interview.

Either party may identify other witnesses with relevant information for interview or other evidence for review by the investigator. The Title IX investigator will conduct a factual investigation of the formal complaint and shall research applicable statutes, regulations, and/or policies, if any. The Title IX investigator will notify any interviewees in writing of the intent to interview. Interviewees will have at least five (5) business days’ notice of an interview. Notice will include the participants, date, place, purpose, and time of the interview.

The College will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory (tending to establish fault or guilt) and exculpatory (clearing or tending to clear from alleged fault or guilt) evidence. Creditability determinations may not be based on a person’s status as a complainant, respondent or witness. The College will provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding; however, the College may establish restrictions regarding the extent to which the advisor may participate in proceedings, as long as the restrictions apply equally to both parties. The College will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. The College will make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal access opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

Prior to the completion of the investigative report, the Title IX investigator will submit all reviewed evidence to the Title IX Coordinator.

The Title IX Coordinator will provide copies of all evidence reviewed during the investigation to the Complainant, Respondent, and their respective advisors. All parties will have ten (10) business days to review the evidence and respond in writing to the Title IX Coordinator. Subsequent to the ten (10) business day review period, the Title IX Coordinator will direct any responses from the Complainant, Respondent, or their respective advisors to the Title IX Investigator for additional review. The Title IX Investigator will submit a final report and the reviewed evidence to the Title IX Coordinator. At least 10 days prior to the live hearing, the Title IX Coordinator will simultaneously provide the Complainant, Respondent, their respective advisors, with the final report and all reviewed evidence for their review and written response. The President will select a Hearing Officer to conduct the live hearing. The Hearing Officer shall be provided a copy of the investigative report and reviewed evidence. J. LIVE HEARING PROCEDURE

Upon receipt of the final investigative report, the Hearing Officer will convene a Decision Maker panel and schedule a live hearing. The panel will consist of three (3) individuals selected by the Hearing Officer who have completed Decision Maker training during the current academic year. The Hearing Officer will designate one of the Decision Makers as Primary Decision Maker. Hearing Officer will notify the Complainant, Respondent, their respective advisors, Title IX Coordinator, Title IX Investigator, witnesses named in the final report, and the Decision Makers of the live hearing date within five (5) business days of receipt of the final investigative report. The live hearing date must provide the Complainant, Respondent, and their respective advisors with no less than ten (10) business days to review the final investigative report and all supporting evidence. The hearing must be a live, recorded hearing with the opportunity for both advisors to conduct crossexaminations. The hearing shall be recorded by either a court reporter or on audio or video tape or by other electronic recording medium. In addition, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record. Upon request, the Complainant and Respondent may participate in the hearing via on-campus video conferencing provided that all parties, including the Decision Making Panel, are able to see and hear the party or witness answering questions in real-time. The Hearing Officer, Decision Makers, Complainant, Respondent, and their respective advisors will attend the hearing. The Title IX investigator, Title IX Coordinator and witnesses will be called to provide testimony if requested by the Decision Makers, parties or their respective advisors.

If a party does not have an advisor present at the live hearing, the College shall provide without fee or charge to that party, an advisor of the College’s choice, who may be, but is not required to be an attorney. The hearing process will consist of: • Opening statement by Hearing Officer

• Review of hearing procedures, formal complaint and notice of allegations by Hearing Officer • Review of potential hearing outcomes and sanctions by Hearing Officer • Complainant Testimony • Cross-examination of Complainant by Respondent advisor • Testimony of Witnesses of Complainant • Cross-examination of Complainant Witnesses by

Respondent advisor • Respondent Testimony • Cross-examination of Respondent by Complainant advisor • Witnesses of Respondent Testimonies • Cross-examination of Respondent Witnesses by

Complainant advisor • Decision Maker inquiries • Review of appeal process by Hearing Officer • Closing statement by Hearing Officer • Dismissal of parties • Decision Maker deliberations

At the hearing, the Hearing Officer shall read the hearing procedures, notice of allegations, formal complaint, potential hearing outcomes, and potential sanctions. After the Hearing Officer concludes opening statements, the Complainant shall have the opportunity to present such oral testimony and offer such other supporting evidence as deemed relevant to the formal complaint. Subsequent to Complainant testimony, the Respondent advisor may conduct cross-examination. The Decision Makers may question the Complainant after the crossexamination.

The Complainant may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Respondent advisor may conduct crossexamination of the witnesses. The Decision Makers may question the witnesses after the cross-examination. The Respondent shall then be given the opportunity to present such testimony and offer such other evidence as deemed relevant to the Respondent's defense against the formal complaint. Subsequent to Respondent testimony, the Complainant advisor may conduct crossexamination. The Decision Makers may question the Respondent after the cross-examination. The Respondent may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Complainant advisor may conduct cross-examination of the witnesses. The Decision Makers may question the witnesses after the cross-examination.

Only relevant cross-examination and other questions may be asked of a party or witness. During cross-examination, the advisor will pose each question orally to the Primary Decision Maker. The Primary Decision Maker will determine if the Complainant, Respondent, or witnesses may respond to the question. If the Primary Decision Maker chair determines that the question is not relevant, the Primary Decision Maker will explain the rationale for dismissing the question. Rape shield protection is provided for Complainants which deems irrelevant questions and evidence about a Complainant’s prior sexual behavior unless offered to prove that someone other than the Respondent committed the alleged misconduct or if the questions and evidence concern specific incidents of Complainant’s prior sexual behavior with respect to the Respondent and offered to prove consent. If a witness or party is not available or declines crossexamination, the decision makers must not rely on any statement of that witness in reaching a determination regarding responsibility; provided, however, that the decision makers cannot draw an inference about the determination regarding responsibility based solely on a party or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. Upon conclusion of the presentation of the evidence and cross-examinations, the Hearing Officer shall read the appeal process and closing statements. The Complainant, Respondent, their respective advisors and all witnesses shall be dismissed.

The Decision Makers will deliberate to determine if the Respondent is deemed responsible and submit a written hearing report which contains: • identification of the allegations potentially constituting sexual harassment; • a description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; • findings of fact supporting the determination; • conclusions regarding the application of the

College’s code of conduct to the facts; • a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the

College’s education program or activity will be provided by the College to the complainant; and • the College’s procedures and permissible bases for the complainant and respondent to appeal. The Primary Decision Maker will submit the hearing report to the Hearing Officer within ten (10) business days of the live hearing. The Hearing Officer will submit the hearing report simultaneously to the Title IX Coordinator, Complainant, Respondent, and their respective advisors within three (3) business days of receipt of the hearing report. The College must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written

determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator will retain the recording of the hearing, the hearing report, the investigative report, and all evidence obtained during the investigation and all evidence offered at the hearing. K. APPEAL PROCEDURE

Appeals of a determination regarding responsibility and from the College’s dismissal of a formal complaint or any allegations therein are available to both parties on the following grounds: (1) procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made, that could affect the outcome; and/or (3) the Title IX Coordinator, Investigator, or a Decision Maker had a conflict of interest or bias that affected the outcome.

The President of Wallace State Community College or his/her designee shall be the appeal authority in upholding, rejecting, or modifying the recommendations of the Decision Maker Panel. The President or his/her designee shall not be bound in any manner by the recommendation(s) of the Decision Maker Panel, but shall take it (them) into consideration in rendering his/her decision.

Either party may file a written request with President requesting that the President review the decision of the Decision Maker Panel. The written request must be filed within ten (10) business days following the party's receipt of the hearing report. If the appeal is not filed by the close of business on the tenth (10th) business day following the party's receipt of the report, the party's opportunity to appeal shall have been waived. As to all appeals, the College will: • notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties; • ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX

Coordinator. • ensure the decision-maker(s) for the appeal complies with the standards set for in 34 C.F.R. § 160.45(b)(iii); • give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; • issue a written decision describing the result of the appeal and the rationale for the result; and • provide the written decision simultaneously to both parties. A decision on a party’s appeal shall be rendered within 30 calendar days of the initiation of the appeals process. The time for decision may be extended for exigent circumstance or as may be otherwise agreed by the parties. If the Respondent is also an employee of the College, the individual may also file a claim with the Equal Employment Opportunity Commission within 180 days of the alleged discriminatory act. Informal Resolution. The College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment consistent with this section. Similarly, the College may not require the parties to participate in an informal resolution process under this section and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility the College may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, provided that the College does the following: 1. provides to the parties a written notice disclosing: the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared; 2. obtains the parties’ voluntary, written consent to the informal resolution process; and 3. does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student. L. RETALIATION PROHIBITED.

Neither the College nor other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated in any manner an investigation, proceeding, or hearing conducted under this policy. Complaints alleging retaliation may be filed according to the grievance procedures included in the formal complaint process. The College shall keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness except as may be permitted by 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 arising thereunder. Range of Possible Sanctions – On final determination of responsibility the following sanctions may be imposed against a respondent: For Students:

1. Disciplinary Suspension: This excludes a student from the College for a designated period of time, usually not more than two terms. While on suspension, a student will not be allowed to take any courses at the College. At the end of the designated period of time, the student must make formal reapplication for admission. 2. Area Suspension: A student may be suspended from a specified college area for improper or disruptive behavior. Suspensions generally will be for a period of time not to exceed the remainder of the term. 3. Disciplinary expulsion: This is the strongest disciplinary action. This category of severe penalty generally indicates the recipient may not return to the College. 4. A no trespass may be issued for individuals who have been accused and or found in violation of sexual harassment.

For Employees: In addition to any criminal or civil actions which may be pending or in process, the College reserves the right to pursue separate disciplinary action against perpetrators of sexual assault. Persons found responsible for sexual assault should expect disciplinary actions up to and including permanent expulsion or termination from the College. For Individuals other than employees or student: A no trespass may be issued for individuals who have been accused and or found in violation of sexual harassment.

At any time in the grievance process the College may impose a temporary delay or limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action. Good cause may include considerations such as 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.

Neither the College assigned Investigator or Decision Makers and any person who facilitates an informal resolution process shall require, rely upon, or otherwise use questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. The College’s Title IX Coordinators, Investigators, Decision Makers shall all have received training for their respective roles prior to participating in a Title IX Complaint or grievance process. All materials used to train the Title IX Coordinators, Investigators, Decision Makers and any person who facilitates an informal resolution process may be found on the College’s website at https://www.wallacestate.edu/about-wscc/ title-ix.

Americans with Disabilities Act

Wallace State Community College is committed to making its academic programs and services accessible to qualified students who have disabilities. It is a goal of Wallace State to provide students who have disabilities equal opportunities to develop and demonstrate their academic skills, while maintaining the academic integrity of the College programs. Consistent with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the ADA Amendment Act of 2008, it is the policy of Wallace State Community College that no qualified person with a disability shall be subjected to discrimination because of that disability under any program or activity conducted or sponsored by the College. The Admissions Office handles all applications for The Admissions Office handles all applications for admission. admission. Admission standards are described in the College catalog and must be met by all students, regardless of disability. Students with disabilities are encouraged to contact the Director of Special Populations before Lions’ Pride (orientation) or classes begin. Students who may need accommodations during Lions' Pride need to make contact before their scheduled date.

Colleges are not required to alter essential academic Colleges are not required to alter essential academic requirements. requirements.Requirements, which can be demonstrated as essential to a course or program of study or to any directly related licensing requirement, are not regarded as discriminatory. When to self-identify as a student with a disability is a When to self-identify as a student with a disability is a decision for the student. decision for the student. However, prospective students are encouraged to contact the Director of Special Populations for information regarding services and facilities and to discuss questions pertinent to admission. If accommodations are needed for placement testing, all documentation must be on file in the ADA Office.

The Director of Special Populations The Director of Special Populations serves as the central contact point for students with disabilities. The goal of the ADA office is to provide a physically and educationally accessible College environment that ensures an individual is viewed on the basis of ability, not disability. The Director of Special Populations works individually with students to determine appropriate and reasonable academic accommodations, and to have students’ academic performance evaluated without the limiting effects of a disability.

Policy for Acceptable Use of Technology Resources

Introduction

Wallace State Community College provides high-speed access to the Internet, e-mail, and network services through a Switched Ethernet Network interconnected by a fiber optic backbone. The network is provided for use by WSCC students, faculty, and staff and is to be used for education, academic inquiry, and public service only. The college’s network/Internet provides students with a quality learning environment by promoting a flexible delivery method of instruction, innovative technology, and state-of-the-art concepts in instruction. It also contributes to a growth-oriented learning environment for employees by promoting faculty and staff professional development opportunities. Through efficient management of the college’s network/Internet resources and facilities, WSCC serves as a learning partner for its community and regional stakeholders. In addition, the college’s technology infrastructure and resources support the college’s administrative and operational processes, thereby strengthening its outreach, programs, and services.

Statement of Policy

1. Ethical and Responsible Use of the Network/Internet a. All users must be accountable for using these resources in an effective, ethical, and lawful manner. At any time and without prior notice, Wallace State Community College reserves the right to examine e-mail, personal file directories, or any other information stored on WSCC computers or equipment. This action will only be allowed with the express approval of the college president or presidential designee, and/or at the request of authorized law enforcement personnel. b. The appropriate system administrator monitors access to the Internet. c. Use of the Internet through college resources constitutes acceptance of such monitoring. d. This policy should be read and interpreted in conjunction with all other WSCC policies, including, but not limited to, policies prohibiting harassment, discrimination, offensive conduct, or inappropriate behavior. e. Users are prohibited from accessing the Internet for any unethical or immoral purpose, including any activity associated with pornography, obscenity, violence, gambling, racism, harassment, personal gain, or any illegal activity. f. Users are discouraged from using profanity or vulgarity when posting electronic mail via the Internet or posting to public forums (i.e., news groups). Any electronic mail sent through posting to public news groups must fall within these ethical standards.

g. All users must abide by all federal and state laws with regard to information sent through the Internet. Unauthorized release or disclosure of information through the Internet or through any other means is strictly prohibited. Proprietary or confidential information pertaining to the college shall not be transmitted over the Internet. h. All users are prohibited from using Internet access through Wallace State’s systems for any political or personal profit-making activities. i. Any recorded material must be reviewed by users for completeness and appropriateness. Users are responsible for any content they post. In particular, Tegrity (Wallace State’s preferred presentation capture service for instructional purposes) recordings should be reviewed to ensure they do not contain any extraneous recorded content before, during, or with the main content recording. j. Any and all material in violation of this policy shall not be forwarded to any individual or entity inside or outside Wallace State’s network. This restriction includes, but is not limited to, e-mails that are forwarded to other individuals. k. Users are forbidden from engaging in any activity which is in violation of the Code of Alabama (1975) §§ 36-25-1 through 36-25-30, as amended (the “State Ethics Law”), or which, in the opinion of the WSCC administration, may be contrary to such law. 2. Accounts a. The appropriate system administrator must approve all accounts and issue passwords allowing access to the college network/Internet resources. The user must be authenticated through a Wallace State Community Collegeassigned network user name and password. b. The user name and password, including those used to access e-mail or an instructional platform such as Blackboard, are the responsibility of the individual to whom they are assigned. Any individual other than the person to whom they are assigned shall not use the user name and password or any other assigned authorization. Violations of this policy or any other policy through the unauthorized use of the user name and password subjects the individual to whom the user name and password are assigned to disciplinary action, up to and including discharge. c. Users should not leave a computer logged on when vacating a workstation. The user is responsible for his or her account and any content left on the computer. Leaving an unattended logged-on computer puts the user and the institution at risk. d. In the event Wallace State Community College no longer employs an individual, it is the

responsibility of Human Resources to notify the appropriate system administrator to close the former employee’s account. e. Proper identification must be used in any electronic correspondence, and valid, traceable identification provided if required by applications or servers within the Wallace State computing facilities. 3. Software a. To prevent computer viruses from being transmitted through the system, no unauthorized downloading or installation of any software is permitted. Software downloads and installation shall be done only after approval and/or assistance from the appropriate system administrator. b. Streaming media and music and video downloads are prohibited unless authorized by the appropriate system administrator. c. Point to point (P2P) file sharing is prohibited unless authorized by the appropriate system administrator. 4. Copyright Issues a. All college network/Internet users must adhere to the copyright laws regarding software, data, and authored files. Users may not transmit copyrighted materials belonging to entities other than this college. Users should exercise caution when downloading material from an Internet source as such action may constitute violation of copyright laws. b. It is permitted for Web pages to be printed and material downloaded from the Internet for informational purposes as long as the purpose for such copying falls into the category of “fair use.” “Fair use” is defined as the doctrine that copyright material may be quoted verbatim, provided that attribution is clearly given and that the material quoted is reasonably brief in extent. c. The college is not responsible for copyright infringement by a user. Such responsibility shall lie solely with the user. d. Users guilty of deliberate copyright infringement shall be subject to disciplinary action, including possible suspension, expulsion, or termination. 5. Personally Owned Computer Hardware/Software a. Personally owned software cannot be loaded onto a college-owned computer unless it is directly related to the job position and is approved by the appropriate system administrator. If any approved personallyowned computer software is loaded onto a college-owned computer, the license and documents must remain with the college computer on campus in the event of an audit. b. Computer hard drives may not be installed or removed without the express written consent of authorized personnel. 6. Privacy of Information

a. Information passing through or stored on any Wallace State Community College electronic network or communication or computer system may be seen by others for a variety of reasons. Routine administration, management, or audit functions may require information stored or transmitted via Wallace State Community College computers and networks to be intercepted. Electronic transactions may be subject to inspection by Wallace State Community College without notice. All users should fully understand that no guarantee can be made that information communicated over Wallace State Community College electronic systems or stored on Wallace State Community College systems will remain private. b. Users should respect the privacy of others, including, but not limited to, abstaining from unauthorized access to e-mail, files, data, and transmissions. c. All users should be aware of and comply with the Family Educational Rights and Privacy Act (FERPA) as well as its restrictions on the use and dissemination of personal and academic information. 7. Computer Crimes a. The Alabama Computer Crime Act, codified at Code of Alabama (1975) §§ 3A-8-100 through 13A-8-103, makes it a crime for a person to damage, or without authorization to modify computer equipment, computer networks, and computer programs and supplies or without authorization to access, examine, or use computer data and programs, and provides for punishment up to a Class B Felony. Federal law also makes it a crime to access computers or computer networks devoted in part to Federal purposes without proper authorization. Any violation of such State or Federal laws respecting computers shall also constitute a violation of the WSCC Policy for Acceptable Use of Technology Resources. Furthermore, this policy prohibits various actions (described below) which may or may not constitute a crime.

Conditions of Use of the Internet and Email

1. As a condition of access to the network/Internet resources, employees are required to sign the

“Policy on Acceptable Use of Technology

Resources” acknowledgement form. Students are also required to sign this form as they enter computer labs on campus. Online students view digital copies of the form in the “Getting Started” area within online courses (such as through the

Blackboard platform) and must acknowledge understanding of this policy by completing a quiz to open the remainder of their online course content.

2. Users under the age of 18 must have a minor consent form (Appendix B of Acceptable Use Policy) signed by their parent or legal guardian to be eligible to use the college’s network/Internet resources. Access to or proper use of the Internet by a minor is solely the responsibility of the parent or legal guardian. 3. Employees who violate this policy are subject to disciplinary actions, up to and including discharge in accordance with guidelines provided by the

Alabama Community College System (SBE Policy 619.01). 4. Students who violate this policy are subject to disciplinary action as stated in the Student

Handbook section of college catalog. 5. Community members utilizing open campus computers, such as those in the library, must agree to the institutional “Policy on Acceptable Use of

Technology Resources” and are subject to being banned from using the college’s equipment and

Internet access if found in violation of its terms.

Unacceptable Use

The following activities are prohibited on all WSCC technology resources. The activities listed are for reference and are not intended to be all-inclusive.

1. Altering system software or hardware configurations without authorization of the WSCC Technology

Department. 2. Accessing, via the internet or any other means of broadcasting, pornographic, obscene, or violent images or content or any other material in violation of local, state, and federal statutes. Use of resources for gambling, racism, harassment or political campaigning is also prohibited. 3. Using technology resources for illegal activities. 4. Accessing or attempting to access another user’s files, e-mail or other resources without his or her permission except as otherwise provided herein. 5. Allowing unauthorized persons to utilize an authorized user’s account, user name, or password. 6. Using technology resources for commercial or profit-making purposes without written authorization from WSCC. 7. Installing, copying, distributing or using software that has not been authorized by the WSCC Campus

Technology Department. 8. Originating or proliferating electronic mail, broadcasts, or other messages that may be deemed as obscene, abusive, racist, or harassing. 9. Creating and/or distribution of viruses or other destructive programs. 10. Unauthorized release or disclosure of any confidential college, personnel, or student information. 11. Using any computer technology in a manner that violates patent protection or license agreements. 12. Engaging in any activity that violates copyright laws.

Such activity may include utilizing WSCC technology to copy and/or distribute copyrighted materials without authorization. 13. Using WSCC computer technology to support or oppose any candidate or candidates for public office or for any other political purposes. (Use of state property for political purposes constitutes a violation of Alabama law).

Disciplinary Action

Unacceptable use is prohibited, and is grounds for loss of computing privileges, as well as discipline or legal sanctions under federal, state, and local laws. Students who violate this policy are subject to disciplinary actions, up to and including expulsion from the college. Employees who violate this policy are subject to disciplinary actions, up to and including discharge in accordance with System Policy.

Social Media

Wallace State Community College recognizes the value of social media in communicating and engaging with students. The college’s social media sites promote college programs, services and activities and generally further the college’s mission. Students are encouraged to contribute constructively through posting on collegesponsored social media sites. Specifically: 1. Wallace State maintains official pages on Facebook,

Twitter, Instagram, YouTube and LinkedIn, among others. These pages have the purpose of developing a Wallace State virtual community, supporting recruiting and retention, and fostering interactivity with the college. 2. College-sponsored social media accounts are monitored by the WSCC Marketing Department.

Questions and comments are welcome; however, inappropriate or uncivil posts will be removed. 3. Public expression of opinion by students shall be in accordance with the terms and conditions specified in the WSCC Student Code of Conduct. 4. Public expression in conflict with the college’s Non-

Discrimination Policy may contribute to a hostile educational environment and is thus prohibited. 5. Disclosure of proprietary or confidential information is prohibited. 6. WSCC may remove any posts that do not directly support its mission, programs, or services. Posts by third parties that appear to be advertisements for other companies or organizations may also be removed. 7. If an area or student group wishes to have an item placed on a college site, send the request to the

Director of Marketing. If an area or student group wishes to create its own social media site:

1. Obtain permission from a supervisor. 2. Obtain permission from the Director of Marketing in advance of the site creation. Included in the request

should be the name of social media site(s) the area wishes to use, target audience, and purpose of the social media site. 3. Neither students nor employees may use a personal account (I.e., Hotmail, Gmail, etc.) to create Wallace

State sites. In some cases, a generic Wallace State e-mail account (I.e., maneissue@wallacestate.edu) may be needed to create the social media site. 4. The college requires administrative rights to any social media site that is sanctioned or sponsored by

WSCC.

Expressive Activities Policy and Procedure

I. Statements

In accordance with ACT 2019-396 of the Alabama Legislature and Policy 224.01 of the Alabama Community College Board of Trustees, Wallace State Community College holds the following: A primary function of the Wallace State Community College is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate, and to fulfill that function, the College will strive to ensure the fullest degree possible of intellectual freedom and free expression. It is not the proper role of the College to shield individuals from speech protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Constitution of Alabama of 1901, including without limitation, ideas and opinions they find unwelcome, disagreeable, or offensive. Students, administrators, faculty, and staff are free to take positions on public controversies and to engage in protected expressive activity in outdoor areas of the campus, and to spontaneously and contemporaneously assemble, speak, and distribute literature. Wallace State Community College supports free association and shall not deny a student organization any benefit or privilege available to any other organization based on the expression of the organization, including any requirement of the organization that the leaders or members of the organization affirm and adhere to an organization's sincerely held beliefs or statement of principles, comply with the organization's standard of conduct, or further the organization's mission or purpose, as defined by the student organization. Student organizations must have followed the steps to become an officially recognized club or organization in order to have this benefit. The College shall strive to remain neutral, as an institution, on the public policy controversies of the day, except for administrative decisions that are essential to the day-to-day functioning of the College, and the College will not require students, faculty, or staff to publicly express a given view of a public controversy. The College will prohibit all forms of harassment as defined in Act 2019-396, which includes expression so

II. Speech and Expression in Outdoor Areas

For purposes of this policy, the Campus Community includes the College’s students, administrators, faculty, and staff, as well as the invited guests of the College and the College’s recognized student organizations (including organizations seeking recognition), administrators, faculty and staff. Members of the Campus Community shall be permitted to engage in expressive activities in outdoor areas of College property with general access during regular hours of College operation, subject to the limitations described below. Expressive activities are defined as those activities protected under the First Amendment to the United States Constitution and Article I, Section 4 of the Alabama Constitution, including any lawful verbal, written or electronic communication of ideas; lawful forms of peaceful assembly, protests, and speeches; distributing literature; carrying signs; and circulating petitions. Outdoor areas where expressive activities are not allowed include areas of restricted access as identified by the College. They include but are not limited to areas adjacent to classrooms or places of residence; athletic facilities; areas being used as outdoor classrooms or educational training; or areas where access is restricted due to operational or safety protocols, such as energy or maintenance control areas. For example, areas that are available include the grassy area between Bailey Building and the Student Center, the grassy area between Bailey Building and Bevill Building, the grassy area adjacent to Culinary Arts Building, etc. Except for Section II.H. below, this policy does not apply to expressive activities that take place in indoor areas of College property including, but not limited to, classrooms or classroom buildings; interior hallways and breezeways; administrative buildings or offices; auditoriums; performing arts venues; events centers; and recreational facilities. Expressive activities in these areas are governed by Wallace State policies related to academic freedom, facilities use, and other applicable policies and protocols, subject to the requirement that Wallace State must be open to any speaker whom the institution’s student organizations, faculty or staff have invited. These areas may be used for official events sponsored by the College or for non- college use under Board of Trustees Policies 500.01 and 507.01. An Event Request must be submitted through the appropriate channels to secure the use of buildings, classrooms, etc. This form must be submitted at least (5) business days before the event.

so freely, spontaneously, and contemporaneously as long as the conduct is lawful, in accordance with laws applicable to conduct and activities on College property, and does not materially and substantially disrupt the functioning of the College or infringe upon the rights of others to engage in expressive activities. Conduct that may materially and substantially disrupt the functioning of the College or infringe upon the rights of others to engage in expressive activities may include: a. Obstruction of vehicular, bicycle, pedestrian, or other traffic; b. Obstruction of entrances or exits to buildings or driveways or impeding entry or exit from any building or parking lot or vehicular path; c. Violations of a state, federal or local law, regulation, or ordinance; d. Threats to passersby or the use of fighting words, which are words that by their mere utterance inflict violence or would tend to incite a reasonable person to violence or other breach of the peace; e. Following, badgering, or forcibly detaining individuals; f. Interference with scheduled College classes, ceremonies or events, including memorials, dedications or classroom activities, whether indoors or outdoors; g. Damage to property, including buildings, benches, sidewalks, fixtures, grass, shrubs, trees, flowers, or other landscaping; h. Use of sound amplification, including bullhorns, except within reasonable limits that will not disrupt normal College operations; i. Use of placards, banners, or signs that are dangerous or cause obstruction as described in subsections 1 and 2 above; j. Engaging in expressive activities in prohibited or restricted areas as defined in Sections II.B. and II.C. above; k. Any other interference with normal College operations beyond a minor, brief, or fleeting nonviolent disruption that is isolated or brief in duration; or l. Any other conduct or activity not protected by the

First Amendment to the United States Constitution and Article I, Section 4 of the Alabama Constitution, or other state law.

Nothing herein shall be construed to limit the application of laws related to disruptions, disturbances, or interference with the College and the functions of an educational institution.

The College may employ police and security officers and use other security measures to ensure the safety of all participants, the Campus Community, and the public. Nothing in the policy shall prohibit the institution from charging a fee for security for events, provided that such fees may not be calculated or otherwise based on the content of the protected expressive or the anticipated reaction to the protected expressive activity. Additional fees for the use of campus facilities, such as for the use of IT resources or cleanup costs, are not prohibited under this Policy, as long as such fees are not based on the content of the expressive activity. To promote a safe and effective event, individuals or groups from the Campus Community planning to engage in expressive activity that they anticipate will require the assistance of Campus Police should provide sufficient notice to the President or his/her designee, and to the Chief of Police or appropriate campus law enforcement personnel, in advance of the event. Such arrangements enable a College to ensure the event takes place in a safe and constructive manner. Organizers for events of this nature are required to submit an Event Request at least (5) business days before the actual event. A. Individuals or groups who engage in expressive activity in outdoor areas on College property are subject to College policies relating to the use and operation of College and campus facilities, including without limitation policies relating to firearms and weapons, alcohol, smoking, and trespass. The possession or use of clubs, bats, weapons, open flames, or other material objects on campus property during such events is prohibited. B. Wallace State shall not permit members of the

Campus Community to engage in conduct that materially and substantially disrupts protected expressive activity or infringes on the right to engage in expressive activity. Any act of reprisal, interference, coercion, or restraint, by a student or employee, of protected expressive activity, violates this policy and will result in appropriate disciplinary action. Disciplinary sanctions for members of the

Campus Community under the jurisdiction of the

College who violate this subsection shall be handled through existing processes provided for under law and Wallace State Community College policy. C. Nothing in this policy shall be construed to prevent

Wallace State from regulating and restricting expressive activity that is not protected by the

United States Constitution, the Constitution of

Alabama of 1901, or state law, including, but not limited to, any of the following: 1. Violations of state or federal law, including, but not limited to, actions that damage institutional property. 2. Expressions that a court has deemed unprotected defamation. 3. Harassment. 4. True threats, which are defined as statements meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. 5. An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern. 6. An action that unlawfully disrupts the function or security of the institution.

7. Any constitutional time, place, and manner restrictions for outdoor areas of campus when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression. Complaints or questions regarding the application of this policy should be addressed by use of the ordinary complaint process at the College for students, faculty, and staff (see Student Handbook and Employee Handbook).

III. Commercial Activity on Campus

Individuals, organizations and groups, both internal and external to the College, may not conduct commercial transactions or engage in commercial speech on College property unless authorized pursuant to Board of Trustees Policy 515.01 and approved in accordance with the College’s policy regarding solicitation on campus. Commercial speech means speech in which the speaker is engaged in commerce, the intended audience is commercial or actual or potential consumers, and the content of the message is commercial. Fundraising, including political fundraising, is considered solicitation and is therefore deemed commercial speech under this policy. Honor Code

The Wallace State Honor Code is an aspiration about the kind of community we want Wallace State to be, and an articulation of the ideals that foster that community. It represents what we call the Wallace State of Mind. Our Code: The Wallace State of Mind Our Code: The Wallace State of Mind

As members of the Wallace State community, we As members of the Wallace State community, we believe in the inherent value of striving for excellence, believe in the inherent value of striving for excellence, in a sense of honor and service that springs from mutual in a sense of honor and service that springs from mutual respect and extends to the way we conduct ourselves respect and extends to the way we conduct ourselves at college and away from it, and in a notion of at college and away from it, and in a notion of community that recognizes that for a system like ours community that recognizes that for a system like ours to work, every person’s best effort is vital to that to work, every person’s best effort is vital to that success which sets us distinctively apart from other success which sets us distinctively apart from other institutions. institutions.

Upholding the Honor Code Upholding the Honor Code

We realize that as part of the Wallace State Community College community, our actions affect those around us. We understand that the Wallace State community is strengthened by our commitment to the Honor Code, and we proclaim this by signing the Honor Pledge, which states: “I hereby accept the Wallace State Honor Code, and will strive to uphold its ideals, and the concepts of personal and collective responsibility upon which it is based.” Our adherence to this written expression of our shared values establishes an open environment of learning and growing through personal and community responsibility. Because we subscribe to these values, we voluntarily commit as members of the Wallace State community to follow the Honor Code. We uphold the Code by engaging with the values upon which our community depends: mutual trust, compassion, and respect for oneself, one another, and the community. These values form the basis of the Honor Code, yet improve our community only if we incorporate them into our daily lives.

Responsibilities Responsibilities

The Honor Code applies to every aspect of academic, social and professional life at Wallace State Community College. All members of the Wallace State community are asked to adhere to the Code during the conduct of college activities on and off campus, and to understand that we are representatives of Wallace State even when away from the college. The Honor Code complements our formal obligations outlined in the Student and Personnel Handbooks.

Community Standards Community Standards

Our community’s relationships are based on mutual trust, compassion and respect. We must consider how our words and actions, regardless of the medium, may affect the sense of acceptance essential to an individual’s or group’s participation in the community. We strive to foster an environment that genuinely encourages respectful expression of differing views in honest and open discussion. We understand that the way in which we conduct ourselves and our commitment to our work affects the community as a whole. Resolution Resolution

The success of the Honor Code is dependent upon each of us actively engaging with the Code’s ideals “on our honor”; therefore, resolution is every person’s responsibility and an important aspect of the Honor Code. If there are actions or values we find degrading to ourselves, to others, or to the institution – whether by speech, action, inaction, or otherwise – we should initiate dialogue with the individual with the goal of increasing mutual understanding (though not necessarily agreement) as a restorative process. Disclaimer Disclaimer

Signing the Wallace State Honor Pledge is a symbolic, voluntary act. The Honor Code is not a binding legal document and cannot be used as justification for disciplinary action or separation from the college.

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