2022-2023 Student Rights & Responsibilities Handbook 
    
    Jul 24, 2024  
2022-2023 Student Rights & Responsibilities Handbook [ARCHIVED CATALOG]

Policies, Procedures, and Other Regulations



Academic Appeal Policy

https://www.kellogg.edu/wp-content/uploads/2022/06/OP-26.002-Academic-Appeal.pdf

Academic Fresh Start Policy

http://catalog.kellogg.edu/content.php?catoid=20&navoid=983&hl=fresh+start&returnto=search#academic-fresh-start-policy

Academic Incomplete Policy

https://www.kellogg.edu/wp-content/uploads/2022/06/OP-26.003-Academic-Incomplete.pdf

Academic Integrity Policy

https://kellogg.edu/wp-content/uploads/2022/06/OP-26.004-Academic-Integrity.pdf

Academic Nepotism Policy

https://www.kellogg.edu/wp-content/uploads/2022/06/OP-26.005-Academic-Nepotism.pdf

Acceptable Use of Technology Policy

  • Purpose - Kellogg Community College (KCC) owns and operates a variety of computer systems (hardware, software and networks), which are provided for the use of Kellogg Community College students, faculty, staff, and community users in support of the programs of the College and are to be used for education, research, academic development, and public service only. Commercial uses are specifically excluded. All students, faculty, staff, and community users are responsible for seeing that these computing facilities are used in an effective, efficient, ethical, and lawful manner. This document establishes the rules and prohibitions that define acceptable use of these systems. Unacceptable use is prohibited and is grounds for loss of computing and/or account privileges subject to College policy and/or legal sanctions under federal, state, and local laws.
  • Audience and Agreement - All users of the Kellogg Community College computer systems must read and comply with the guidelines outlined in this document. The use of these systems acknowledges agreement to comply with these guidelines. Such guidelines will be reviewed by the KCC Technology Committee and may become subject to approval as a College policy or procedure.
  • Rights - Kellogg Community College reserves all rights, including termination of services, to the computing resources that it owns and operates. These procedures shall not be construed as a waiver of any rights of Kellogg Community College, nor shall they conflict with applicable acts of law. Users have rights that may be protected by College policy and federal, state, and local laws.
  • Privileges - Kellogg Community College computer systems’ access and privileges are assigned and managed by the administrators or designees of specific systems. The authorized user is responsible for the proper use of the system, including any password protection.
  • Responsibilities - Users are responsible for maintaining the following:
    1. An environment in which access to all college computing resources is shared equitably among users. The system administrators (or designee) set guidelines within which users must conduct their activities.
    2. An environment conducive to learning. A user who uses the college’s computer systems to threaten, harass, or make defamatory remarks shall bear full responsibility for their actions. Further, by using these systems, users agree that individuals who transmit such remarks shall bear sole responsibility for their actions. Many of the Kellogg Community College computer systems provide access to outside networks, both public and private, which furnish electronic mail, information services, bulletin boards, conferences, etc. Users are advised that they may encounter material which may be considered offensive or objectionable in nature or content. Users are further advised that Kellogg Community College does not assume responsibility for the contents of any of these outside networks. The user agrees to comply with the acceptable use guidelines for whichever outside networks or services they may access through Kellogg Community College systems. Further, the user agrees to follow proper etiquette on outside networks. The user agrees never to attempt to transmit, or cause to be transmitted, any message in which the origination is deliberately misleading. The user agrees that, in the unlikely event that someone does transmit or cause to be transmitted, a message that is inconsistent with an environment conducive to learning, or with a misleading origination, the person who performed the transmission will be solely accountable for the message, not Kellogg Community College, which is acting as the information carrier.
    3. An environment free of illegal or malicious acts. The user agrees never to use a system to perform an illegal or malicious act. Any attempt to increase the level of access to which the user is authorized, or any attempt to deprive other authorized users of resources or access to any Kellogg Community College computer system, shall be regarded as malicious.
    4. A secure environment. Any user who finds a possible security lapse on any system is obliged to report it to the system administrators. The system must not be used until the system administrators (or designee) has investigated the problem. Knowledge of passwords or loopholes in the computer security system shall not be used to damage computing resources, obtain extra resources, take resources from another user, gain unauthorized access to resources, or otherwise make use of computing resources for which proper authorization has not been given.
    5. Backup of their own data.
  • Accounts - An account assigned to an individual must not be used by others without written permission from the system administrator (or designee). The individual is responsible for the proper use of the account, including proper password protection. If an individual user provides their password to others, then the individual authorized user is responsible for the consequences of said use.
  • Confidentiality - While reasonable attempts are made to ensure the privacy of users’ accounts and electronic mail, privacy is not guaranteed. Every effort is made to secure sensitive or important files. However, no system can be made entirely secure. Additionally, the system administrators (or designee) monitor and may access information on computer systems to ensure college policy is observed. The College is subject to laws and regulations that require the release of information under certain circumstances. Student privacy rights are detailed in the Student Rights & Responsibilities Handbook.

When performing maintenance, Kellogg Community College reserves the right to access all information on college computer systems. Any violations discovered will be reported immediately to the appropriate systems administrator and to the appropriate divisional supervisor.

Kellogg Community College programs and files are confidential unless they have been made available, with written permission, to authorized individuals.

  • System Usage - Computer systems (such as email) are intended for college-related activities.

Nothing in this policy prohibits the appropriate use of computer systems for educational purposes by minors participating in an educational program.

Acceptable computer system use includes use for education, research, academic development, and public service purposes.

Other uses are prohibited and include, but are not limited to, these activities:

  1. Fraudulent, threatening, harassing, or obscene messages and/or materials are not to be sent or stored.
  2. Inappropriate mass mailing (for example, spamming or phishing) is prohibited.
  3. Creation or intentional distribution of computer viruses, worms, or Trojan horses is prohibited.
  4. Unauthorized access to or denial of service attacks on any computer system shall not be attempted.
  5. Connecting devices to the college network without approval of the system administrator (for example, connecting a personal laptop to the network by disconnecting a college computer or printer and using its network cable).

Abusers are subject to sanctions as outlined in the Violations section.

  • System Performance - No one shall deliberately attempt to degrade the performance of a computer system or network, or to deprive authorized personnel of resources, or access to any college computer system.

System administrators (or designee) may limit activities that could degrade the performance of computer systems or networks.

  • Unauthorized Access - Loopholes in computer security systems, or knowledge of special passwords, should not be used to damage the computer system, obtain extra resources, take resources from another user, gain access to systems, or use systems for which proper authorization has not been given. Users with knowledge of loopholes or special passwords should report the condition to the appropriate system administrator.
  • Copyright - The use of the college network to violate copyright law is prohibited, including violation by the use of personally attached computers and other devices. Specifically, the use of any peer-to-peer file-sharing software that copies and distributes copyrighted works (e.g. music, videos, software, games), without the permission of the copyright owner, is a violation of copyright law and is prohibited on any device using the college network.

Computer software protected by copyright is not to be copied using campus computing facilities, except as permitted by law or by contract with the owner of the copyright. The number of copies and distribution of copies is to be managed by the College’s IS department. The number of simultaneous users shall not exceed the number of original copies purchased.

Materials on computer systems are copyrighted unless stated otherwise. Users of the college’s computer systems agree to follow guidelines for use of copyrighted materials.

Interference with measures used by copyright holders to protect copyrighted works is prohibited.

Users storing materials copyrighted by others on college computer systems, or displaying the materials through college web pages, must comply with copyright laws and guidelines. Abusers are subject to sanctions as outlined in the Violations.

  • Violations - An individual’s computer use privileges may be suspended immediately upon the discovery of a possible violation of these guidelines. Such suspected violations will be confidentially reported to the system administrators (or designee).

Violations of these guidelines will be dealt with in the same manner as violations of other college guidelines and may result in disciplinary review. In such a review, the full range of disciplinary sanctions is available, including but not limited to, the loss of computer use and/or account privileges, dismissal or expulsion from the college, and legal actions. Violation of the above guidelines may constitute a criminal offense and result in referral to the appropriate agency.

  • Additional Guidelines - System administration will establish more detailed guidelines, as needed, for specific computer systems and networks. These guidelines may cover such issues as allowable access time and disk space, handling of irretrievable mail, responsibility for account approval, and other items related to administering the system.
  • Legal Mandate - This policy and associated guidelines shall not be construed as a waiver of any rights of Kellogg Community College.

Accessibility in Technology Policy

Policy Statement

Kellogg Community College is committed to providing equitable access to information technology for KCC users, including services and the environments in which information technology is used. This policy establishes minimum standards for the accessibility of technology-related environments considered necessary to meet this goal and ensure compliance with applicable state and federal regulations.

All areas of the College are responsible for implementing KCC’s accessibility standards, including:

  • Use of design standards (recent Web Content Accessibility Guidelines (WCAG) developed by Web Accessibility Initiative)). These standards will guide accessibility in areas such as:
    • Course documents
    • Electronic communications
    • Social media
    • Email
  • Use of hardware and software products that promote universal design and access.
  • Design and implementation of accessible technology-related work environments that accommodate all users.

Non-Availability Exceptions

Hardware or software for which no equivalent accessible option is available (non-availability). All areas of the college are responsible for documenting the following efforts in verifying compliance with this exception.

  • Identification of alternative applications or equipment with similar required functionality that do not provide additional accessibility.
  • Identification of alternative applications or equipment that are accessible but do not meet functionality requirements.
  • Hardware and software for which no equivalent accessible option is available.
  • Hardware and software tools specific to a process in which no individual associated with the process who will use the hardware or software requires accessibility accommodations.
  • Software that is used as a standard or common practice in a field of study, industry, or profession.
  • Undue burden. An undue burden is determined on a case-by-case basis. Generally, it is an action requiring such significant difficulty or expense that it is unreasonable when considered in the context of a number of factors such as the nature of the cost, difficulty, or complexity in relation to available resources and the benefit to be achieved.

Administrative Withdrawal Policy

https://www.kellogg.edu/wp-content/uploads/2022/06/OP-26.006-Administrative-Withdrawal.pdf

Alcohol and Drug Policy

KCC’s concern for individual students, the effects of drugs and alcohol, and for the potential harm of the use of drugs and alcohol are consistent with the requirements of the Drug Free Schools and Communities Act of 1965 (HEA), as amended by the Drug Free Schools and Communities Act Amendments of 1989. KCC believes that drug abuse education and prevention programs are essential components of a comprehensive strategy to address illicit drug and alcohol use by students and employees on KCC premises, or while engaged in KCC related activities. Such abuse constitutes a grave threat to physical and mental well-being and significantly impedes the learning process. A listing of the effects and uses of drugs and alcohol is found at National Institute on Drug Abuse.

As addressed in the Student Code of Conduct, KCC complies with local, state, and federal laws including those which regulate the possession, use, and sale of alcoholic beverages and controlled substances.

Chemical Dependency

KCC recognizes that chemical dependency is an illness which needs to be treated. Chemical dependency may decrease the effectiveness of individuals on our campus. For more information regarding resources, please see a KCC Counselor.

Drug and Alcohol Prevention Program (DAPP)

The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug Free Schools and Communities Act (DFSCA) requires an institution of higher education (IHE), such as Kellogg Community College, to certify that it has implemented programs to prevent the abuse of alcohol and use and/or distribution of illicit drugs by KCC students on its premises and as a part of any of sanctioned college activity. KCC annually distributes the following to all students in its Annual Security Report (ASR):

  • Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs, and alcohol by a student(s);
  • A description of the legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
  • A description of the health risks associated with the use of illicit drugs and alcohol abuse;
  • A description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and
  • A clear statement that the institution will impose sanctions on students and employees and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.

Standards of Conduct

Students are required to abide by KCC’s Student Code of Conduct . The following acts are considered violations under the Student Code of Conduct:

  • Use, possession, manufacturing, distribution, or being under the influence of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by federal law. Possession of drug paraphernalia is also prohibited on campus.
  • Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages or public intoxication. Alcoholic beverages may not, in any circumstance, be used, possessed, or distributed to any person under twenty-one (21) years of age.
  • Failure to abide by the Student Code of Conduct may result in sanctions listed in the Code of Conduct & Title IX section.
  • KCC Public Safety reserves the right to require a breathalyzer and/or drug testing of persons who appear to be under the influence of prohibited drugs and/or alcohol while on KCC premises or at KCC sponsored activities.

Sanctions

Sanctions are administered on a case-by-case basis, taking into consideration the unique facts and/or mitigating or aggravating circumstances presented. The ultimate goal of the sanctions is to reinforce KCC’s commitment to a positive and safe learning environment consistent with acceptable social standards and in accordance with federal, state, and local laws. Furthermore, when a student has also violated the law, KCC Public Safety will seek prosecution of drug and alcohol-related offenses that occurs on the college campus or college events and involve currently enrolled students when warranted.

  • Federal - Federal law provides criminal and civil penalties for unlawful possession or distribution of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations includes, but are not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants). Specific statues include but are not limited to:
    • 21 USC §801, et seq.
    • MCL 333.7403, et seq.
    • MCL 436.1703, et seq.
  • State - Under current State of Michigan law, a person shall not knowingly or intentionally possess a controlled substance. If an individual is found guilty of a violation of the state law, they may be subject to large fines and/or imprisonment. A minor may not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content. Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings.
  • Local - The City of Battle Creek ordinances prohibits the sale, consumption or possession of an alcoholic beverage in an open container. Violations of the city ordinance may subject an individual to fines and costs, requirement to participate in alcohol and/or substance abuse treatment, and may possibly result in a driver’s license suspension.
  • College - Violations of the Student Code of Conduct  are taken very seriously. In cases of noncompliance with the Student Code of Conduct, the College will impose discipline that is consistent with the impact of the offense on the college community. Progressive discipline principles will be followed in that the student’s prior discipline history at the College will be taken into account. Disciplinary action taken against a student may include, but is not limited to, one or more of the sanctions listed in the Student Code of Conduct.

Health Risks

According to the National Institute of Drug Abuse (NIDA), the following are risks associated with drugs and alcohol abuse.

  • Drug Abuse - The following sub-categories are the most frequently used drugs, listed with their associated risks associated category(ies), per NIDA 6:
  1. Cannabinoids - (marihuana and hashish) Known risks are cough, frequent respiratory infections, possible mental health decline, and addiction.
  2. Opioids - (heroin and opium) Known risks are constipation, endocarditis, hepatitis, HIV, addiction, fatal overdose.
  3. Stimulants - (cocaine, amphetamine, and methamphetamine) Known risks are weight loss, insomnia, cardiac or cardiovascular complications, stroke, seizures, and addiction. Specific risks associated with cocaine use is nasal damage from snorting, and specific risks associated with methamphetamine use is severe dental problems.
  4. Club Drugs - (MDMA-methylenedioxy-methamphetamine [also known as: Ecstasy, Adam, clarity, Eve, lover’s speed, peace, uppers]; Flunitrazepam [also known as: Rohypnol: forget-me pill, Mexican Valium, R2, roach, Roche, roofies, roofinol, rope, rophies]; GHB [also known as: Gamma-hydroxybutyrate: G, Georgia home boy, grievous bodily harm, liquid ecstasy, soap, scoop, goop, liquid X]) Known risks are sleep disturbances, depression, impaired memory, hyperthermia, addiction. Risks specific to GHB are unconsciousness, seizures, and coma.
  5. Dissociative Drugs - (Ketamine [also known as: Ketalar SV: cat Valium, K, Special K, vitamin K]; PCP and analogs [also known as: Phencyclidine: angel dust, boat, hog, love boat, peace pill]; Salvia divinorum [also known as: Salvia, Shepherdess’s Herb, Maria Pastora, magic mint, Sally-D]; Dextromethorphan (DXM) [also known as: cough and cold medications: Robotripping, Robo, Triple C]) Known risks are anxiety, tremors, numbness, memory loss, and nausea.
  6. Hallucinogens - (LSD [also known as: Lysergic acid diethylamide: acid, blotter, cubes, microdot yellow sunshine, blue heaven]; Mescaline [also known as: Buttons, cactus, mesc, peyote]; Psilocybin [also known as: Magic mushrooms, purple passion, shrooms, little smoke]) Known risks are flashbacks and Hallucinogen Persisting Perception Disorder.
  7. Other Compounds - (Anabolic steroids [also known as: Anadrol, Oxandrin, Durabolin, Depo-Testosterone, Equipoise: roids, juice, gym candy, pumpers]; Inhalants [also known as: Solvents (paint thinners, gasoline, glues); gases (butane, propane, aerosol propellants, nitrous oxide); nitrites (isoamyl, isobutyl, cyclohexyl): laughing gas, poppers, snappers, whippets]) Known risks for anabolic steroids are hypertension, blood clotting and cholesterol changes, liver cysts, hostility and aggression, acne, (in adolescents) premature stoppage of growth, (in males) prostate cancer, reduced sperm production, shrunken testicles, breast enlargement, (in females) menstrual irregularities, and development of beard and other masculine characteristics For inhalants, the known risks are cramps, muscle weakness, depression, memory impairment, damage to cardiovascular and nervous systems, unconsciousness, and sudden death.
  • Alcohol Abuse - Alcohol affects every organ in the drinker’s body and can damage a developing fetus. Intoxication can impair brain function and motor skills; heavy use can increase the risk of certain cancers, stroke, and liver disease. Alcoholism or alcohol dependence is a diagnosable disease characterized by a strong craving for alcohol, and/or continued use despite harm or personal injury. Alcohol abuse, which can lead to alcoholism, is a pattern of drinking that results in harm to one’s health, interpersonal relationships, or ability to work.

Information and Support Services

The following programs are available to currently enrolled students at KCC:

  • Ongoing promotions regarding substance abuse counseling (via KCC Counseling Services)
  • Ongoing campus presentations about substance and alcohol abuse.
  • Individual counseling by KCC counselors for students who need assistance with substance and alcohol abuse issues (via KCC Counseling Services)
  • Informational tables on substance and alcohol abuse at student events
  • General substance/alcohol abuse information is available on the KCC website

Annual Notification of the DAAPP

Notification of the information contained in the Drug Abuse and Alcohol Prevention Program (DAAPP) will be distributed to all currently enrolled students on or before October first of each year in the College’s Annual Security Report.

Americans With Disabilities Act

Kellogg Community College does not discriminate in the admission or treatment of students on the basis of disability. The College is committed to compliance with the Americans With Disabilities Act and Section 504 of the Rehabilitation Act:

  1. Section 202 of the 1990 Americans With Disabilities Act: “No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in or be denied the benefits of the services, programs, or activities of any public entity, or be subject to discrimination by any such entity.”
  2. Section 504 of the 1973 Rehabilitation Act: “No otherwise qualified individual, with a disability as defined (herein) shall by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

While ensuring the academic integrity of its programs, the College is dedicated to providing the reasonable accommodations needed to ensure equal access to educational opportunities for individuals with verified disabilities.

Appeals and Complaint Process

Grade Appeals

Students concerned about their grades must first discuss their concern with the instructor. If the instructor is unavailable or the matter is not resolved, the student may contact the Chair/Director of the department/program. Finally, if the matter is still not resolved, the student may contact the Dean of the division. The Dean’s decision is final in matters pertaining to grading.

Non-Grade Complaint

Students with concerns not related to academics may issue a formal complaint. Before initiating the formal complaint process, students are first expected to meet with the initial decision-maker and/or head of the department involved to attempt to resolve issues in an informal manner. If the complaint is not resolved at the informal meeting, the following complaint process is to be followed:

  • The student files a written complaint with the next-level supervisor within ten (10) business days from the date of the alleged decision.
  • The next-level supervisor, or Dean of the division, will investigate and attempt to resolve the complaint.
  • Written notice of the decision, based on the results of the investigation, will be sent to the student. Any administrative action is not public information, except when disclosure is compelled by law, and will not be included in the written notice.
  • If the decision in the written notice is unsatisfactory to the student, the student may appeal to the appropriate Vice President within ten (10) business days.
  • The Vice President will render a final decision.

Refund Appeals

The Refund Appeal Form is available online. The written appeal along with supporting documentation must be submitted within one (1) year of the date the course was taken. 

An appeal may be submitted for the following reasons:

  • Your induction into or deployment for services in the U.S. military.
  • Death of an immediate family member (parent, child, spouse, life partner, sibling, or grandparent)
  • A documented medical emergency, including a one-time appeal based on a documented health condition.

The Refund Appeal Committee will respond in writing within 30 business days of receipt of the appeal, barring exigent circumstances. 

Commercial Solicitation Policy

Kellogg Community College prohibits active commercial solicitation by non-KCC organizations on College-owned property unless the activity is specifically authorized by the College and directly benefits a registered student organization or another KCC department, program or service. Active commercial solicitation is defined as the promotion or sale of products, merchandise, or services for the benefit or profit of individuals or business interests. Groups and individuals seeking to engage in active commercial solicitation activities for a specific duration on College-owned property must first receive written permission, which is contingent upon requestors agreeing to abide by the College’s time, place, and manner regulations as defined by the KCC Freedom of Expression Policy and comply with all other campus policies.

Communicable Disease and Vaccination Policy

It is a KCC policy to safeguard, to the highest degree possible, KCC employees, students, and the public who come into contact with people who are known to have or suspected of having, a communicable disease without endangering the KCC community or individual students.

Students who have contracted a communicable disease that presents a potentially serious health hazard will have their individual situations reviewed by a panel convened by the President. The President shall have the authority to remove the individual from the KCC environment, pending the recommendation of the panel. All reportable communicable diseases will be referred to the local county health department in accordance with Michigan statutory and administrative guidelines.

In the event of a communicable disease outbreak, such as pandemic flu, KCC will work with county health departments and rely on guidance from the Center for Disease Control to determine the need for employees and students to have specific vaccinations.

Allied health students may require specific vaccinations prior to attending clinical education sites. Specific vaccination requirements will be outlined by program faculty prior to the start of clinical rotations.

Copyright Statement

Kellogg Community College is required by federal law to inform students of its policies and sanctions related to copyright infringement. Copyright is a protection provided by the laws of the United States to the creators of works of authorship. Works of authorship encompass many different formats including literary, dramatic, musical, artistic, and a few other creative work formats (17 U.S.C. § 102). These laws prevent people from using the creative works of others without obtaining the author’s or creator’s permission. This means that you cannot use someone else’s work for a presentation or report without getting the permission of the author or creator first.

The one exception to this rule is the principle of “fair use.” This principle allows very limited use of copyrighted materials for educational purposes (17 U.S.C. § 107). If you have questions about whether your use of copyrighted material is “fair use,” please ask your instructor or a librarian.

If you are found to have used copyrighted information in violation of copyright law, the College may take action against you. Possible action includes sanctions as set forth in Student Code of Conduct , the notification of law enforcement authorities, and the notification of the copyright owners. All college students, faculty, and staff are expected to respect the rights of copyright owners and comply with copyright laws.

Education Records and FERPA

Appeal of Education Records

Under the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, students have the right to request that inaccurate or misleading information in their education record be amended. KCC is required under FERPA to consider the request; however, KCC is not required to amend education records. FERPA’s amendment procedure may not be used to challenge a grade, an individual’s opinion, or a substantive decision made by a school about a student. 

The student must follow these levels of appeal for education records issues:

  • Director of the department responsible for the record (or designee)
  • Dean of the division involved (or designee)
  • Vice President for Student and Community Services (or designee)

Students who believe their rights have been abridged, or that the institution has failed to comply with FERPA requirements, may file a complaint with:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D.C. 20202-8520

Student education records are maintained in compliance with the Family Educational Rights and Privacy Act (FERPA), which is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department) 20 U.S.C. § 1232g; 34 CFR Part 99. FERPA applies to all educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department.

Under FERPA, a school is not generally required to maintain particular education records or education records that contain specific information. Rather, a school is required to provide certain privacy protections for those education records that it does maintain. Also, unless there is an outstanding request by an eligible student to inspect and review education records, FERPA permits the school to destroy such records without notice to the student.

Education records include all information maintained by KCC which is directly related to the student with the exception of:

  • Records of KCC law enforcement unit compiled for law enforcement purposes.
  • Records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the originator.
  • Financial records of the student’s parents.
  • Confidential letters of recommendation prior to January 1, 1975.
  • Confidential letters and recommendations associated with admissions.
  • Records containing information about more than one student.
  • Reports made by physicians, psychiatrists, or psychologists.
  • Records which relate exclusively to individuals in their capacity as KCC employees.

Confidentiality of Records

The Act defines the following as public directory information and allows the release of this information to external agencies at the discretion of KCC officials:

  • Student name, address, telephone number, and email address
  • Dates of attendance and enrollment status
  • Major field of study, degrees, honors, and awards received
  • Participation in officially recognized activities
  • Sport, weight, and height of members of athletic teams
  • Previous educational agency or institution attended

Students have the right to prohibit the release of directory information and may submit a written request to the Registrar’s office. This request must be submitted before the first day of the semester.

KCC prohibits the release of personally identifiable information, other than directory information, from education records without the student’s written consent. Exceptions to this statement are listed below:

  • Qualified personnel within KCC and persons who have entered into a partnership or contract with KCC and whom KCC has determined to have a legitimate educational interest
  • Compliance with judicial orders and pursuant to lawfully issued subpoenas
  • Accrediting organizations to carry out their accrediting functions
  • Compliance with state or federal mandates
  • Emergency situations to protect your health or safety
  • Other educational institutions in which the student is enrolled or intends to enroll
  • NJCAA for student-athletes
  • Military recruiters for the purpose of federal military recruiting as stated in PL 104-206, Section509(2)
  • Reporting requirements of the Carl D. Perkins and Technical Education Act, Section and the Workforce Investment Act of 1998, Section 122 (KCC may use your Social Security Number in order to compile summary reports as mandated by these acts)

Access to Education Records

Under FERPA, a school must provide an eligible student with an opportunity to inspect and review their education records within forty-five (45) days following its receipt of a request. A school is not required to provide an eligible student with copies of education records unless failure to do so would effectively prevent the student from obtaining access to the records.

Under FERPA, a school is not required to provide information that is not maintained, or to create education records, in response to an eligible student’s request. Accordingly, a school is not required to provide an eligible student with updates on their progress in a course (including grade reports), or in school unless such information already exists in the form of an education record.

Amendment of Education Records

Under FERPA, an eligible student has the right to request that inaccurate or misleading information in their education records be amended. While a school is not required to amend education records in accordance with an eligible student’s request, the school is required to consider the request. If the school decides not to amend a record in accordance with an eligible student’s request, the school must inform the student of their right to a hearing on the matter. If, as a result of the hearing, the school still decides not to amend the record, the eligible student has the right to insert a statement in the record setting forth their views. That statement must remain with the contested part of the eligible student’s record for as long as the record is maintained.

However, while the FERPA amendment procedure may be used to challenge facts that are inaccurately recorded, it may not be used to challenge a grade, an opinion, or a substantive decision made by a school about an eligible student. FERPA was intended to require only that schools conform to fair recordkeeping practices and not to override the accepted standards and procedures for making academic assessments, disciplinary rulings, or placement determinations. Thus, while FERPA affords eligible students the right to seek to amend education records which contain inaccurate information, this right cannot be used to challenge a grade, an individual’s opinion, or a substantive decision made by a school about a student. Additionally, if FERPA’s amendment procedures are not applicable to an eligible student’s request for amendment of education records, the school is not required under FERPA to hold a hearing on the matter.

Freedom of Expression Policy

Kellogg Community College is a public institution of higher education whose authority is derived from the Michigan Constitution of 1963 and whose property and resources are primarily dedicated to academic, administrative and related functions. As an institution that highly regards the freedom of speech, freedom of expression and right to peaceably assemble, Kellogg Community College affords groups and individuals an invitation to exercise such freedoms on its grounds. The purpose of this policy is to facilitate expressive activities while ensuring that such activities do not interfere with College operations and the learning environment.

For anyone lawfully present on the College’s campuses, the outdoor common and indoor common areas are designated as venues for free expression, including spontaneous expression, speeches, demonstrations and the distribution of information. Anyone who wishes to engage in commercial solicitation is required to reserve time and space for such activities following the terms of the College’s Facility & Grounds Usage and Commercial Solicitation policies.

For purposes of this policy, the term “expressive activity” includes such activities as:

  • Meetings and other group activities;
  • Speeches, performances, demonstrations, parades, marches, rallies, vigils and other events;
  • Distributions of informational materials, such as circulars, newspapers, leaflets and pamphlets;
  • Any other expression, including spontaneous expression, protected by the First Amendment to the U.S. Constitution.

While Kellogg Community College maintains its authority to regulate the time, place and manner of expressive activities, it shall not consider or regulate the content or viewpoint of expressive activities when enforcing this policy, including by restricting students’ expression based on concerns about other person(s)’ negative reaction to that expression. When expressive activities occur, Kellogg Community College will work to ensure that such activities transpire without interference by the College, provided the learning environment is not substantially and materially disrupted and campus safety is not compromised by said expressive activities. If persons react negatively to expressive activities occurring on the campus of Kellogg Community College, the College will take necessary steps to ensure campus safety while allowing the expressive activity to continue, unless the College’s operations are materially and substantially disrupted.

Place

For purposes of this policy, the terms “outdoor common” and “indoor common” refer to such areas as:

  • Lawns, sidewalks, benches and other outdoor areas that are not otherwise reserved for use. These outdoor common areas are defined by KCC as a traditional public forum.
  • The indoor seating/dining area of the Student Center, located at KCC’s North Avenue campus in Battle Creek, unless it is otherwise reserved for use. This indoor common area is defined by KCC as a limited public forum. This indoor common area does not include the Kellogg Room and Bruin Bistro.

For purposes of this policy, the peaceful distribution of informational materials in the indoor and outdoor common areas does not, without more, represent a substantial or material disruption to the learning environment at the College.

Time

Expressive activities, as defined by this policy, are allowed on Kellogg Community College campuses during the periods that College facilities are open to the general public.

Manner

No expressive activity at Kellogg Community College shall be permitted to:

  • Falsely defame an individual;
  • Constitute a genuine threat or harassment;
  • Block access to campus buildings;
  • Impede ingress or egress to the College or any College property, pedestrian pathway, parking lot, building, facility or event;
  • Obstruct vehicular or pedestrian traffic;
  • Include the use of audio amplification devices, unless specifically authorized by the College;
  • Include the use of fire or pyrotechnics, unless specifically authorized by the College;
  • Affix materials to College buildings, equipment, fences, trees or property, unless specifically authorized by the College.

Kellogg Community College does not assume any obligation or responsibility for the content of expressive activities or materials distributed. People engaging in expressive activities assume responsibility for damages to College property, for the cleanup of materials immediately following the conclusion of expressive activities and for remaining in compliance with applicable local, state and federal laws.

Fundraising Policy

Kellogg Community College encourages its departments, programs, and Registered Student Organizations (RSOs) to participate in fundraising activities. College departments, programs, and RSOs are those whose relationship to the institution is formally recognized and, therefore, fall within acceptable parameters to use the College’s name along with its nonprofit status when seeking donations.

Fundraising is defined as an activity whereby a College department, program, or RSO seeks a charitable donation, either monetary or in the form of goods or services, from an external agency for the purpose of financial benefit to a College department, program, or RSO. During such activities when the College’s name is invoked in association with any fundraising activity, the College requires that departments, programs, and RSOs acquire written permission from the College prior to beginning fundraising. Invoking the College’s name while engaging in unapproved fundraising activities is strictly prohibited.

Outside groups are prohibited from fundraising at public events on KCC property, but they are allowed to engage in fundraising activities in specific campus spaces they have reserved in accordance with KCC’s Facilities Usage Policy.

Minors on Campus Policy

Policy

Minors under the age of 18 (“minors”) are not permitted on the Battle Creek campus, in any facility owned or leased by KCC (including Centers), or at any College-sponsored event, unless: (a) accompanied and supervised at all times by a responsible adult (parent, legal guardian, or individual authorized by an off-campus entity to supervise the minor or (b) enrolled in a KCC-sponsored program under the supervision of an Supervising adult or (c) students with an “admitted” status as defined by the College’s General Admissions Policy which includes Dual Enrollment.

Purpose

The purpose of this policy is to protect the safety and well-being of minors who participate in activities or programs sponsored by KCC, or who are otherwise on KCC property or at a KCC-sponsored event.

Scope

This policy applies to all students, faculty, staff, members Board of Trustees, and KCC Foundation Board of KCC, as well as vendors, volunteers and individuals or organizations operating College-sponsored events or programs (collectively the “College Community”). The policy applies to the Battle Creek campus and Centers, all facilities owned or leased by KCC, and all off-campus sites at which students, faculty, or staff participate in College-sponsored programs, activities, or events.

Dual enrolled, or other students with an “Admitted” status under General Admissions may be minors. These students, and all College students, are expected to be aware of and abide by all applicable College policies, such as but not limited to, the Student Code of Conduct.

Minors working on campus are regulated by both federal and state laws. The College will comply with applicable regulations and only employ those minors that have provided the required documentation.  The College may authorize the minors to work in accordance with the hours and functions permitted by law.

Definitions

College (non-sponsored) program/activity: Events typically open to the general public or groups in which minors may be in attendance but are not enrolled in a defined program and minors are not overseen by a College Supervising Adult. Examples include but are not limited to theatre productions, art exhibits, athletic events, tours, and community events such as Bruin Boo.

College-sponsored youth program/activity: Formalized program or event that requires enrollment and responsible adult approval for minor’s attendance.  The program is designed for youth involvement with the presence of an Authorized Adult, is at a supervised location and activities are under the direction of a College Supervising Adult. Examples include but are not limited to: Youth camps, Upward bound, Bruin Bots.

General Admissions: Student admitted to the College under the General Admissions definition in the KCC Catalog. (General Admissions, 2022-2023 Academic Catalog)

Mandatory reporting: Requirements under Michigan Child Protection law that identify who must report, what they must report and how they must report.

Responsible Adult: Adult bringing a minor onto campus without the minor being engaged in an enrolled program designed for youth involvement without that parent or authorized adult. Examples include but are not limited to: Students on campus with minor relatives or friends, visitors to campus for college services, attendees of sports, entertainment or other college events.

Supervising Adult: Adult(s) who have responsibility for overseeing the safety of the minor during a College-sponsored program that involves enrolled youth and is designed for youth involvement without a responsible parent or authorized adult in attendance. (Examples include but are not limited to Youth camps, Upward Bound, Bruin Bots.)

Unattended minor: Children under 18 who are not dual-enrolled, are not enrolled in a youth event specifically designed for youth involvement without a parent or authorized adults, and are on campus without a responsible adult within eyesight of the minor.

Prohibited Conduct

The following rules apply any time a minor is on campus, in a College facility, at a College-sponsored event, or in College-sponsored programs. College Community members will not:

  1. Engage in abusive conduct of any kind toward, or in the presence of, the minor;
  2. Strike, hit, or touch any minor in an inappropriate or illegal manner;
  3. Allow, encourage, or engage in hazing or bullying of the minor;
  4. Use, possess, or be under the influence of alcohol or illegal drugs while on duty or while in the presence of the minor;
  5. Provide alcohol or illegal drugs to the minor;
  6. Provide prescription drugs or any medication to the minor unless Supervising by the program’s medication management guidelines;
  7. Engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit material with minors or assist in any way to provide access to such material to minors;
  8. Engage or allow minors to engage them in romantic or sexual conversations, or related matters;
  9. Use profanity, vulgarity, or harassing language directed at a minor or disruptive in nature
  10. Meet with minors outside of established times for program activities;
  11. Invite individual minors to their home or other private locations;
  12. Provide gifts to minors or their families independent of items provided by the College;
  13. Engage or communicate with minors from personal email, text messages, social networking websites, phone, internet chat rooms, multiplayer online games, or other forms of social media at any time except for program or college purposes or in the case of an emergency.
  14. Share private, personal or FERPA covered information in the presence of a minor.

KCC-Sponsored Programs

KCC sponsors a number of programs specifically designed for children, such as tutoring programs, summer camps, and cultural events. Each program has specific operating protocols related to its nature and purpose, but all programs are expected to use reasonable care to minimize the risk to minors participating in the program.

For the safety and wellbeing of the minors attending College approved camps, organized events, or scheduled activities, the College requires the Supervising Adult(s) involved in the activity to remain with the minor students while on campus. The Supervising adult will be held responsible for the care and behavior of minor(s) attending the event.

  1. No member of the College Community may assume responsibility for the care of any minor, unless the person is leaving the minor in a College program sanctioned for children under a College Supervising adult.   Only those individuals may take responsibility for the minor.
  2. All minors participating in the program must have written permission from a parent or legal guardian consenting to their participation in the program , ensures the parent/legal guardian understands the role and limitations of the College’s responsibility, and allows KCC to seek medical treatment in case of an emergency. The College requires the Supervising Adult(s) involved in the activity remain with the minor students while on campus.  The Supervising Adult must be a college employee or approved volunteer/contractor (vetted through department and Human Resources) and meet employment requirements and are required to comply with state law pertaining to proper training, credentials (as determined by program) and background checks.
  3. Minors should be kept in the program area and may not be left unsupervised at any time. If a minor is removed from the program area, the adult who is removing the child should notify the  supervising adult working in the program before doing so.
  4. The recommended ratio for supervision is at least one Supervising Adult for every eighteen minors. This ratio may be higher or lower depending on the needs and purpose of the program.
  5. No personal visitors are permitted at the program site except with the permission of the program director or in case of emergency.
  6. Photographs may only be taken of minors in the program for program-related purposes, and only after the minor’s parent or legal guardian has signed a College-provided waiver allowing the photograph.

Bringing Minor Children to Work

KCC understands that there may be times when employees need to have minor children briefly on campus during their working hours.  It is expected these instances are rare, typically due to an emergency, and temporary (for example, cancelation of child care and employee brings child to campus for pick-up by a relative).  It is expected the majority of these situations are handled by the employee utilizing personal leave. When an employee brings their child on campus, the employee is responsible for their child at all times, must supervise the child at all times, and is expected to ensure that the child complies with the directions of College personnel and does not disrupt the working environment. The employee is also responsible for any damage to College property caused by the child. The employee’s supervisor holds the final authority to agree or disagree with the presence of the minor for a brief period. The factors to consider, among others, is whether the minor interferes with the usual workplace activities, is an isolated or repeated request, whether the employee can still conduct their job activities without interfering with service to students and co-workers and without violating FERPA and other confidentiality requirements, whether the work environment is safe for the minor, the age of the minor, how long the minor may be in the workplace, and whether the employee is able to fulfill their work obligations.

Minors in the classroom (including laboratories and clinical settings)

The College prohibits bringing minors into class and/or leaving them unattended on campus, including in automobiles. The prohibition applies to all areas of the College, including but not limited to, outside gathering areas, library, student center, computer labs, and athletic building. This excludes students enrolled under General Admissions, including Dual Enrollment, who are registered students in the class.

Minors as visitors and KCC-sanctioned programs

In cases where minors are visiting campus for events that do not specifically require registration of the attending minor, and are not designed for minors to be left with campus employees, a responsible adult must be present with the minor on campus. These would include activities open to the public such as Bruin Boo, Enrollment events, and KCC sports events.

For the protection of both the minors and the College, all visiting minors must be under constant supervision by a responsible adult while on the campus(s) or on the site of any approved off-campus class or College event, to avoid any potential safety hazard and to maintain appropriate behavior.

The Supervising Adult is required to keep the minor(s) in view and/or in an environment where the supervising adult has oversight of the minor.

Students enrolled under General Admissions, including Dual Enrollment, may be present on campus without a responsible adult when engaging in activities related to their registered coursework for example, use of the library, bridge and student services.

Adults who bring a minor to campus as a visitor are responsible for the minor at all times, and responsible and liable for any injuries or damage sustained to or by the minor child while on campus, any properties owned or leased by the College, or at any College-sponsored events, unless such injuries or damages are caused by the sole negligence of the College, its officers, agents, or employees.

No member of the College Community (Board of Trustees, employees, faculty, staff, and students) may assume responsibility for the care of minors brought to campus by others, unless the person is leaving the minor in a College program sanctioned for children or the employee has brought the minor to campus and is the minor’s responsible adult.

Required Reporting of Known or  Suspected Abuse  or  Neglect  of Minors Reporting Requirements

Michigan’s Child Protection Law, MCL 722.621 et seq., requires certain individuals to report child abuse or neglect. “Child abuse” includes harm or threatened harm to a child’s health or welfare through no accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment. “Child neglect” includes harm or threatened harm to a child’s health or welfare.

Who must report: Mandated reporters are all faculty, staff, Board of Trustees and Foundation Board members, as well as volunteers, vendors and individuals or organizations operating College-sponsored events or programs (College Community).

The College requires that anyone employed by, or acting on behalf of the College in a college sponsored program, or a non-College sponsored program conducted on College property or facilities, who knows, suspects, or receives information of suspected mental or physical abuse or neglect of a child or who has other concerns about the safety of the must immediately report the information to the Department of Public Safety. The reporting person is expected to also notify their supervisor, or the appropriate supervisor of the program.

How to report: Reporter must immediately notify Public Safety who will assist them in immediate notification to Children’s Protective Services (“CPS”) at the Michigan Department of Human Services (855-444-3911). Mandated reporters are required to make an immediate verbal report to CPS and a written report within 72 hours when they suspect child abuse or neglect. MDHHS Reporting Abuse & Neglect

Unattended Minors

If a minor is left unattended on campus, employees must report the minor’s location to the Department of Public Safety who will gather parent/guardian information and contact the responsible adult. The adult will be instructed to either remain with the minor at all times while on campus or leave the campus with the child.

If the responsible adult is an employee, Human Resources and the employee’s supervisor will be advised of the incident.

Questions on this policy should be directed to Human Resources at 269.965.4152.

Media Use Statement

KCC reserves the right to use images and/or voices in photograph(s), video or audio recordings taken either in class or on the KCC campuses, of KCC students and/or their art/productions, in whole or part, for the purposes of instruction, advertising, and promoting KCC and its programs. Students who do not wish to comply with this policy must notify the Public Information and Marketing department in writing when they register.

Posthumous Degree Policy

https://www.kellogg.edu/wp-content/uploads/2022/06/OP-26.001-Posthumous-Degrees.pdf

Pregnant Student Policy

Under the Department of Education’s (DOE) regulations implementing Title IX of the Education Amendments of 1972, Kellogg Community College does not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

Students who are pregnant, and those recovering from pregnancy-related conditions, may request temporary disability accommodations from the College’s Center for Student Success (CSS). CSS staff will work with faculty and academic administrators to determine the appropriate accommodation in a particular class and/or program. When extended leave occurs, to the extent possible, students will be placed in the same position of academic progress that they were in when they took leave.

Section 504/ADA Grievance Procedure

Any student, or individual, moving through the enrollment process at Kellogg Community College (KCC) who is unsatisfied with accommodations provided by the Center for Student Success (CSS) may file a grievance. KCC has an informal and formal grievance process in place to resolve concerns about denial of access to services and/or programs, disability harassment and discrimination, or an auxiliary aid they believe they should have received. It is against the law for KCC to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

Informal Process

Kellogg Community College encourages anyone with concerns about a disability-related issue to first discuss the matter with the 504/ADA Coordinator or designee.

The 504/ADA Coordinator or designee will attempt to facilitate a resolution. If this attempt is unsuccessfully resolved in a timely manner, or the complaint is against the Department itself, a formal grievance may be filed as described below. In addition, individuals are not required to pursue the informal process first and may engage the formal grievance process as their first step if preferred.

Formal Grievance

A formal grievance must be filed with the Director of the Center for Student Success or designee within 10 business days of the date of the informal decision or the occurrence of the disability-related issue if the informal process was not followed. The grievance must be submitted in writing via the 504/ADA Grievance Form. If you need assistance in completing the form, contact the Dean of Student Services or designee.

If the grievance involves confidential medical information, confidentiality will be maintained and the information will not be released without the individual’s permission, except as allowed by law.

The Director of the Center for Student Success or designee will promptly initiate an investigation. In undertaking the investigation, they may interview, consult with and/or request a written response to the issues raised in the grievance from any individual believed to have relevant information. All parties will have an opportunity to provide information or evidence relevant to the grievance. All parties involved will receive a fair and equitable process and be treated with care, respect and privacy.

The attempt will be made to resolve within 30 business days of the filing of the written complaint. At the request of the grievant, the Director of the Center for Student Success or designee will determine whether the formal grievance process can and should be expedited.

Findings and Notification

At the completion of the investigation, the Director of the Center for Student Success or designee will make a recommendation regarding appropriate actions to be taken. The Director of the Center for Student Success or designee will summarize the evidence that supports the recommendation, and the grievant will be advised in writing of the outcome of the investigation.

Requesting an Appeal

All appeal requests must be made in writing to the Dean of Student Services (or designee) at deanoffss@kellogg.edu within five (5) business days. The Dean of Student Services will respond in writing to the request for appeal within five (5) business days of filing the request. The decision of the Dean of Student Services is final.

 

Cindy Lingbeek, 504/ADA Coordinator and Disability Services & Tutoring Coordinator in the Center for Student Success

Ohm 207

269-565-7915

lingbeekc@kellogg.edu

 

Holly McKee, Director of the Center for Student Success

Ohm 207

269-565-2629

mckeeh@kellogg.edu

 

Nathan Venske, Dean of Student Services

Roll 301

269-565-7899

deanofss@kellogg.edu

 

The individual has the right to file a formal grievance with relevant government authorities:

Michigan Department of Civil Rights

110 W. Michigan Avenue, Ste. 800
Lansing, MI 48933

Phone: 313-456-3700

Toll Free: 800-482-3604

Fax: 313-456-3701

TTY: 877-878-8464

Email: MDCRServiceCenter@michigan.gov


OCR/Department of EducationOffice for Civil Rights

US Department of Education

Cleveland Office

1350 Euclid Avenue, Suite 325

Cleveland, OH 44115

Phone: 216-552-4970

Fax: 216-522-2573

Email: OCR.Cleveland@ed.gov

Smoking and Tobacco Policy

All KCC facilities are tobacco-free pursuant to Part 126 of the Public Health Code, PA 368 of 1978. In addition, KCC adheres to the Calhoun County Clean Air Act, which prohibits smoking in public places, places of employment, and places of recreation, at all its campus locations. Smoking, including the use of e-cigarettes, is only permitted in the following locations:

North Avenue Campus

  • Picnic table at the southwest side of the Davidson Center
  • Southwest end of Binda Performing Arts Center
  • Covered area near the staff parking by the Roll Building
  • Rear of the Miller Gym
  • Private vehicles

Eastern Academic Center

  • The paved area at the rear (east side) of building
  • The paved area on the northwest corner of the building
  • Personal vehicles

Fehsenfeld Center

  • Paved area at the south side of the garage
  • Private vehicles

Grahl Center

  • Northeast corner of the garage
  • Private vehicles

RMTC

  • Picnic table at the south end of the building
  • Private vehicles

 

[Updates published September 21, 2022 to reflect accurate permissible locations.]