Student Information and Policies

Edison State College students are both citizens and members of the academic community. Upon registration, all students are entitled to the following freedoms and/or rights provided that their exercise does not disrupt the orderly operation of the College:

Right to freedom of expression
Right to peaceful assembly
Right to a fair and impartial hearing
Right to appeal any administrative decision that adversely affects them
Right to participate in Student Government

It is expected that the exercise of any of the aforementioned rights must be in compliance with Florida law as well as the policies and procedures established by the College and its Board of Trustees.

It is the responsibility of each student to become familiar with and to abide by the College policies and regulations published in its policy statements, current Catalog and Student Handbook, official manuals and other publications. Failure to comply with these rules may result in the initiation of disciplinary action. Edison State reserves the right to discipline a student for activities that take place off campus when those activities adversely affect the college community. Disciplinary action by the College may proceed while criminal proceedings are pending and will not be subjected to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

Student Code of Conduct

Edison State College is committed to maintaining a civil environment that fosters learning and personal development. The administration, faculty, and staff of Edison State College assume that our students are adults and, as such, are responsible for their own behavior. All members of the College community understand that our participation in this community is voluntary.

Generally, Edison State College’s jurisdiction over student conduct issues is limited to conduct that occurs on college premises or that adversely affects the College community. However, when off-campus activities have negative impact on the College community or hinder the College in its pursuit of learning objectives, Edison State College will exercise its right to discipline involved students. The Student Service Officers and the District Dean of Student Services will consider off-campus conduct issues on a case by case basis.

The following code of conduct contains regulations designed to maintain a vital learning environment, to keep our community safe, and to foster the development of citizenship skills. All members of the Edison State College community are expected to be familiar with the rules and regulations of the College pertaining to academic affairs, social conduct, and student activities. Each student is responsible for conforming to the conduct regulations contained in this catalog.

Article I: Definition of Terms

The College means Edison State College.

The Student Code of Conduct may be referred to hereinafter as the Code.

Student Conduct Administrator(s) are designated by the District Vice President for Academic and Student Services; this college official is authorized to impose sanction upon any student found to have violated the Code. Student Conduct Administrators may serve as a member of the Student Conduct Board.

The Student Conduct Board includes all Student Conduct Administrators or their designees; the board is authorized to determine whether students have violated the Code and to recommend sanctions based on these determinations.

At Edison State College, the Appellate Committee is Mediating Body of the Academic Standards Committee.

The term student includes all persons taking courses at Edison State College (both credit and non-credit), both fulltime and part-time. Students who are not officially enrolled for a particular term but who have a continuing relationship with Edison State are still considered “students.”

A faculty member is any person hired by Edison State to conduct classroom activities.

The term Edison State official includes any person employed by Edison State, performing assigned administrative or professional responsibilities.

The Edison State community includes any person who is a student, faculty member, Edison State official, or any other person employed by Edison State. A person’s status in a particular situation shall be determined by the District Dean of Student Services.

The term Edison State premises include all land, buildings, facilities, and other property that is in the possession of or owned, used, or controlled by Edison State.

The term organization means any number of persons who have completed the process required for recognition/designation as an official student group by the College.

The term shall is used in the imperative sense.

The term may is used in the permissive sense.

Policy is defined as the written regulation of Edison State College as found in, but not limited to, the Student Code of Conduct, Student Handbook, and Catalog.

Article II: Student Conduct Code Authority

1. The Academic Standards Committee is responsible for overseeing unsettled disciplinary concerns, hearing student appeals regarding code of conduct violations, and initiating changes to the code of conduct.
2. Student conduct administrators are appointed for each campus of Edison State College; on the Charlotte and Hendry Glades Campuses, the student conduct administrator is the Campus Director for Student Services; on the Collier Campus, the student conduct administrator is the Associate Dean for Enrollment Management and Student Affairs.
3. The District Dean for Student Services acts as a student conduct administrator for all campuses and provides a central location for the maintenance of disciplinary records.
4. When issues of academic integrity are in question, student conduct administrators are the Academic Deans for each campus.

Article III: Proscribed Conduct

Proscribed conduct can be seen in two general categories: conduct that represents a violation of academic integrity and conduct that represents violations to the general student code of conduct. Any violation of the Code represents a disciplinary issue that implies a disciplinary record that is maintained with the District Dean of Student Services. However, given that Edison State College is committed to educational excellence, academic misconduct warrants particular attention; therefore, this article contains a general listing of proscribed conduct and a special section addressing violations of academic integrity.

Any student found to have committed the following misconduct is subject to the disciplinary sanctions:

1. Insubordination or Disrespect for Constituted Authority: Constituted authority is defined to mean any person designated by the institution to implement institutional policies. Failing to obey a College official who is performing his/her duties and failing to respond to an official summons from an administrative officer of the College within the time indicated constitutes insubordination.
2. Gambling for Money or Material Values: Games of chance for money or material value are prohibited on campus.
3. False Information: Furnishing false or misleading information (oral or written) to College offices, faculty or staff. Falsifying the application for admission is included.
4. Destruction of Property: This term is defined to mean destruction, damage, or misuse of College property, private property on the campus, vandalism and/or misuse of library material, fire equipment or other life safety equipment.
5. Illegal Use or Possession of Narcotic or Psychedelic Drugs is Strictly Prohibited: The Federal Drug Abuse Act prohibits distribution and possession of certain drugs, including amphetamines, barbituates, hallucinogens and other prescription-type medications that have not been prescribed by a licensed physician. Possession and/or distribution of such drugs, when not prescribed, constitutes a violation. (Chapter 893 of the Florida Statutes and the Controlled Substances Act 21 USC.8116. Possession or Use of Alcoholic Beverages: Use of alcoholic beverages or having alcoholic beverages in one’s possession, either on campus or at a College-approved function, is prohibited.
6. Possession and/or Use of Firearms or Other Weapons on Campus: Use or possession of ammunition or other weapons and/or setting off any explosive device, fireworks, or flammable liquid or objects, is prohibited.
7. Forgery: Forging, alteration or misuse of College documents, forms or records.
8. Stealing: The unlawful taking, destroying, defacing, damaging, or misuse of College property or the property belonging to others.
9. Academic Dishonesty: Students are expected to conduct their academic affairs in a forthright and honest manner. In the event that students are guilty of classroom cheating, plagiarism or otherwise misrepresenting their work, they will be subject to disciplinary sanctions. The District Dean of Student Services will maintain records concerning academic dishonesty and resulting sanctions. For a more detailed description of conduct that represents academic dishonesty, please see Article IV entitled Academic Integrity
10. Violation of Law Committed On or Off the Campus: Violation of municipal, county, state or federal law or subsequent conviction of same constitutes violation of College policy. The nature of the violation will determine the extent of sanction that may be invoked by the College.
11. Hazing: Hazing is defined as: the physical or emotional abuse of another person in the College community; subjecting another person therein to humiliating or painful ordeals; or harassing someone with threats made in person, by telephone, or in writing. Any such hazing as further defined in 1006.63 F.S. is also unlawful in the State of Florida. Such action on or off campus on the part of any student or group of students or student organizations shall be construed as a violation of College rule. Any individual student or group of students found guilty of such violation will receive disciplinary probation, suspension, dismissal, expulsion or any combination of such penalties, depending upon the circumstances and the severity of the individual case. A copy of Florida Statute 1006.63 will be provided to each student organization recognized by the College. Each student organization will incorporate the wording of this College rule on hazing into its by-laws. Hazing is not allowed even with student consent.
12. Unlawful Entry: The unlawful entry to College-owned or controlled buildings.
13. Smoking: Smoking is permitted in designated areas only.
14. Games: Student games such as Frisbee and touch football must be played in designated areas only and not around the buildings or inside the buildings.
15. Commercial Solicitation and Fund-Raising on Campus:
    1. Solicitors and tradesmen, including students, faculty and other College personnel, are prohibited from entering the grounds or buildings of Edison State College for the purpose of transacting business with students, faculty, or other College personnel, unless they have been issued a permit for this purpose or the information has been signed by the appropriate College official. All groups who want to reserve space, sell or solicit must submit an Activity Request Form to the appropriate Student Services staff member on the Lee Campus, or the Campus President’s offices on the Collier and Charlotte Campuses.
    2. The posting or distribution of advertising material shall be limited to a designated bulletin board on each campus of the College under the same permit system and must be approved by a member of the Student Services staff or a designated representative.
16. Outside Organizations on Campus: In compliance with State Board of Education Rule 6A-14.057, Student Activities, the College may permit organizations and clubs, which are funded by a combination of contributions of its members, fundraising projects and sources outside the College to exist on campus, provided the organization has a faculty advisor and agrees to be governed by rules of the District Board of Trustees. The College may require approved organizations and clubs to deposit monies accruing to such organizations and clubs with the Business Office of the College, to be accounted for as agency funds. In this case, all monies accruing to the organization shall be deposited with the College and withdrawals made upon requisition by the organization and advisor; provided that the expenditure is in accordance with the organization’s approved budget. Outside organizations must follow procedures in 16, above, and receive approval prior to being on campus.
17. Disruption/Disorderly Conduct: Obstructing or disrupting any College activity including teaching, research, administrative functions, disciplinary procedures, social activities, and public service functions. Engaging in any obscene, profane, reckless, destructive, or unlawful course of conduct. Beepers, cellular phones, and pagers should be turned off when entering a classroom. In an emergency, with prior authorization from the professor, a beeper, cellular phone, or pager may be turned to silent ring mode. In such a case, any exit from a classroom to respond to a call should be made with a minimum of disturbance. Only currently enrolled students are authorized to be in classrooms, except for situations involving a disability. Children, spouses, or other relatives are not permitted, except with permission of a District Dean, Campus President, or the District Dean of Student Services. Complaints regarding classroom disruption should be reported to these offices.
18. Harassment: Unwelcome verbal or physical abuse which causes the recipient discomfort or humiliation or which interferes with the recipient’s academic performance or employment. Harassment related to an individual’s race, color, sex, religion, national origin, age, marital status, or physical or mental handicap is a violation of this policy.
19. Assault: Intentional threat by word or act to do violence to a person or persons.
20. Battery: Touching or striking a person against his/her will.
21. Violation of Published Policy of the College: Any violation of policy published in the College Catalog, Student Handbook or approved guidelines.
22. Lakes, Waterways: No swimming or recreational activities are allowed on campus lakes without the approval of the campus administrator.
23. Pets/Animals: No pets or animals are allowed on campus unless that animal is assisting a person who has a disability.

Article IV: Academic Integrity

Edison State College recognizes that adherence to high principles of academic integrity is vital to the academic function of the College. Therefore, the entire academic community shares the responsibility for establishing and maintaining standards of academic integrity. Those in charge of academic tasks have an obligation to make known the standards and expectations of acceptable academic conduct. Each student has an obligation to know and understand those standards and expectations. While the academic community recognizes that the responsibility for learning and personal conduct is an individual matter, all students and faculty members are expected to help maintain academic integrity at the College by refusing to participate in, or tolerate, any dishonesty.

The general aspects of academic integrity expected of our entire academic community can be summarized in positive statements regarding student behavior. Edison State College expects all students to be honest in their academic endeavors. All academic work should be performed in a manner which will provide an honest reflection of the knowledge and abilities of each student. All members of the community understand the rationale for, and the critical nature of, academic integrity. Therefore, any policy associated with academic integrity must be linked to efforts to educate students, faculty and staff regarding definitions, concepts and issues associated with academic integrity.

Violations of student academic integrity include any actions which attempt to promote or enhance the academic standing of any student by dishonest means. The following is a listing of some, but not necessarily all, actions that are violations of academic integrity:

1. Cheating on an academic exercise. Cheating includes giving or receiving unauthorized aid or information by copying, by using materials not authorized, by attempting to receive credit for work performed by another, or by otherwise failing to abide by academic rules. The person who aids an individual in cheating will be held equally responsible.
2. Plagiarizing the words, ideas, or data of others by not properly acknowledging the source. Plagiarism includes failing to identify verbatim statements as quotations and failing to give appropriate credit and citations of sources used. The principles of academic integrity require that all work submitted or presented without citation of sources will be the student’s own work, not only on tests, but in themes, papers, homework, and class presentations, unless it has been clearly specified that the work is a team effort.
3. Fabricating information with intent to deceive. Fabrication includes, but is not limited to, falsifying experimental data or results, inventing research or laboratory data or results for work not done, knowingly presenting falsified or invented results, citing information not taken from the source indicated, falsely claiming sources not used, known to be false, misleading, or not supported by evidence.
4. Submitting any academic accomplishment in whole or in part for credit more than once whether in the same course or in different courses without the prior consent of the instructor.
5. Obtaining or attempting to obtain an examination, or any part of it, before, during, or after the examination has been given.
6. Failing to follow approved test taking procedures by performing such acts as changing answers after exam is scored and communicating verbally, non-verbally or electronically with another person during an exam, or leaving while an exam is still in progress.
7. Copying, editing, deleting, or intentionally damaging Edison State College computer files without permission.
8. Altering, changing, or forging College academic records or forging the signature of any academic officer.

Article V: Student Conduct Violations and Proceedings

1. Charges and hearings
   
   1. In all instances except violations of academic integrity, any member of the Edison State College community can submit a written charge against a student for a violation of the code of conduct. These charges will be directed to the Student Conduct Administrator for the campus on which the alleged violation occurred.
   2. If faculty members choose to engage the hearing process, then those faculty members must make formal charges against a student for violations of academic integrity; in many cases, these types of charges will be resolved within the confines of the course. Charges of violations of academic integrity will involve the following steps
      
      1. The faculty member will inform the student in private of the specific charge and the aspect of academic integrity that is alleged to have been violated.
      2. The student may explain the circumstances and attempt to justify the action if the student chooses.
      3. The charge may be dropped if an explanation by the student is accepted as being adequate.
      4. If the faculty member chooses to continue the complaint, with or without an explanation by the student, the faculty member will submit a written charge to the appropriate Student Conduct Administrator; in cases of academic integrity, this will be the Academic Dean for the campus on which the violation allegedly occurred.
      5. If the faculty member confirms, based on consultation with appropriate Academic Dean, that a course-related violation of academic integrity is a first offense, the faculty member may choose to deal with the offense without further consulting the Student Conduct Administrator. In this case, regardless of whether or not the student has responded to the charges, the faculty member will impose a penalty which may result in a grade of F in the course.
      6. If the student wishes to contest the charge or the sanction imposed by the faculty member, the student must submit a formal written grievance to an official appointed by the District Vice President for Academic and Student Affairs. For more information regarding grievances, please see the section of the Catalog entitled Formal Grievances.
      7. If the faculty member finds that there is evidence of multiple or repeated violations of academic integrity by the student, the complaint will be referred to the Student Conduct Administrator for appropriate distribution.
   3. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be resolved administratively by mutual consent of the parties involved and on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings.
   4. Given one of the three following conditions, a charge of violating the Student Code of Conduct can be referred to the Student Conduct Board:
      
      1. Within five business days of the initial charge, the accused student indicates, in a written statement to the Student Conduct Administrator associated with the campus on which the violation is alleged to have occurred, that he or she wishes to have the charge considered by a board as opposed to the administrator.
      2. The charges are not admitted to by the accused student, or the charge cannot be disposed of by mutual consent.
      3. The accused student admits to the charge but objects to the sanction; in this case, the board is limited to considering appropriate sanctions.
   5. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines
      
      1. Normally, attendance at Student Conduct Board Hearings will be limited to the accused student(s), witnesses, approved advisors, and Student Conduct Administrators.
      2. The Complainant, Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.
      3. In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
      4. The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the community and must be available for Board proceedings; the advisor may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearings before a student conduct board.
      5. The Complainant, the Accused Student and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two business days prior to the Student Conduct Board Hearing. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
      6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
      7. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
      8. After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
      9. The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.
      10. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
      11. There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board Hearings before a Student Conduct Board. Deliberations shall not be recorded. The record shall be the property of Edison State College.
      12. If an Accused Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
      13. The Student Conduct Board may accommodate concerns for the personal safety, well being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Chair of the Student Conduct Board to be appropriate.
2. Sanctions
   The following sanctions may be imposed upon students found to have violated the Code
   
   
   1. Warning—A notice in writing to the student that the student is violating or has violated institutional regulations;
   2. Probation—A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period;
   3. Loss of Privileges—Denial of specified privileges for a designated period of time;
   4. Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement;
   5. Academic Penalty—For academic dishonesty violations, the student may be given a zero/“F” for the assignment/course as indicated by the case;
   6. Suspension—Separation of the student from Edison State for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified;
   7. Dismissal—Separation from the College for an indefinite period of time. Readmission may be possible, based on meeting all readmission criteria and obtaining clearance from the District Dean of Student Services or designee;
   8. Expulsion—Permanent separation of the student from Edison State. All recommendations of expulsion are must be reviewed and approved by the District President.

More than one of the sanctions listed above may be imposed for any single violation. Within five business days of the conclusion of three Student Conduct Board hearing, the Student Conduct Administrator will provide the student with written notification of the sanctions agreed to by the Student Conduct Board.

3. Appeals
   Decisions reached by a Student Conduct Board or a sanctions imposed by Student Conduct Administrators can be appealed by the accused student to the Academic Standards Committee. Written notice of the appeal will be submitted to the Student Conduct Administrator within three business days of the student notification that a sanction has been imposed. The Student Conduct Administrator will submit the appeal to the Chair of the Academic Standards Committee within five business days. The appeal will be considered by the Mediating Body of the Academic Standards Committee.
   
   
   1. The Mediating Body will consist of four members of the Academic Standards Committee plus one student representative from Edison State College’s Student Government Association.
   2. All mediation procedures will be transcribed and all written documentation will be stored securely.
   3. In cases where the written appeal highlights information that was not available to the Student Conduct Board; an appeal hearing will be conducted in accordance with the following procedures:
      1. Written documentation of complaints and charges will be distributed to the chair of the Academics Standards Committee at least one week prior to the mediation.
      2. Disputing individuals will be allowed witnesses.
      3. As each person speaks, he/she must first state his/her name for the record.
      4. The proceedings will begin with the Mediating Body Committee Chair reading the charges and/or complaints out loud.
      5. The Chair will then ask for a response from each side.
      6. Each of the committee members will then be allowed to ask questions.
      7. Following the response and questioning, the chair will allow time for counter responses.
      8. The Chair reserves the right to remove any party from the hearing in order to protect any of the participants.
      9. Once questioning is over, the Chair will request that all persons except for the Mediating Body leave the room.
      10. The Mediating Body will then weigh the evidence and decide upon appropriate recourse.
      11. Within a week of the Mediating Body’s decision, a written recommendation of the decision, signed by all committee members, will be sent to the disputing individuals and to an official Appointed by the District Vice President for Academic and Student Affairs. A copy will be retained for committee records.
   4. In all cases where new facts are not described in the written appeal, the Mediating Body will limit its review to the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
      1. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
      2. To determine whether the decision reached regarding the accused student was based on substantial evidence; that is, whether the evidence in the case was sufficient to establish that a violation of the Code occurred.
      3. To determine whether the sanction imposed was too severe for the infraction.

Article VI: Rights of the Accused Student

1. Accused students have the right to receive a written notice of the Student Code of Conduct charge and the allegations upon which the charge is based.
2. Accused students are to be given a fair and impartial hearing, during which students will be permitted to address the charges and provide information, including witnesses.
3. Accused students will be informed that verbatim recording will be made of the entire hearing process.
4. Accused students can appeal the decision of the hearing body.

Article VII: Revision of the Student Code of Conduct

Students can submit questions concerning interpretation of the Student Code of Conduct to the Student Code Administrator. The Academic Standards Committee reviews the entire Code of Conduct on an annual basis. Based on input from the College Community, the Academic Standards Committee is responsible for making changes to the code of conduct.

Academic Grievance Procedures

Article I: Purpose

As with most procedures included in this catalog, the academic grievance policy is based on the assumption that academic disagreements should be resolved by student and faculty interaction. These formal grievance procedures are intended to provide all Edison State College students with opportunities for objective review of facts and events that are related to the cause of a grievance when the involved faculty members and students are not able to resolve a dispute on their own. These reviews will be accomplished in a collegial, non-judicial atmosphere. All parties are expected to behave in a civil manner.

Article II: Definition of Terms

1. A formal academic grievance is a claim that a specific academic decision or action that affects that student’s academic record or status has violated published policies and procedures, or has been applied to the grievant in a manner different from that used for other students. Grievances may relate to such decisions as the assignment of a grade seen by the student as incorrect or the dismissal or failure of a student for his or her action(s). Academic grievances will not deal with general student complaints.
2. The instructor is any classroom instructor, thesis/dissertation/directed study supervisor, committee member or chair, or counselor/advisor who interacts with the student in an academic environment.
3. An incorrect grade refers to a grade that is not representative of a student’s ability or performance as defined by the grading rubric associated with a specific course.
4. A Discipline chairperson is the academic head of a discipline; this can be a dean discipline designee.
5. Dean means Campus-specific Academic Dean, the District Academic Deans, and/or the District Vice President for Academic and Student Affairs.
6. Written Communication will include hard copy documents sent to the recipient’s address of record.
7. For purposes of this policy, the burden of proof is with the student; this implies that the student has the responsibility for supplying evidence that proves that an instructor’s decision, action, or grade assignment was incorrect. An incorrect grading decision is one in which the grade is based on something other than the student’s ability as described by the grading rubric published in the course syllabus. All decisions will be base don the preponderance of evidence.

Article III: Resolution at the Discipline Level

1. The student shall first make a reasonable effort to resolve his or her grievance with the instructor concerned, with the date of the incident triggering the start of the process (i.e., the issuance of a grade; the receipt of an assignment), and the instructor shall accommodate a reasonable request to discuss and attempt to resolve this issue.
2. If the situation cannot be resolved or the instructor is not available, the student shall file a notification letter within fifteen business days of the triggering incident to the discipline chairperson. This shall be a concise written statement of particulars and must include information pertaining to how, in the student’s opinion, College policies or procedures were violated. The discipline chairperson shall provide a copy of this statement to the instructor.
3. The discipline chairperson shall discuss the statement jointly or individually with the student and the instructor to see if the grievance can be resolved. If the discipline maintains its own grievance procedure, it should be applied at this point. If the grievance can be resolved, the chairperson shall provide a statement to that effect to the student and the instructor with a copy to the College Dean.
4. If the grievance cannot be resolved, the Discipline Chairperson shall notify both the student and the instructor, informing the student of his/her right to file a written request within three weeks to advance the grievance to the Campus level. The instructor may file a written response to the grievance petition. Upon receipt of the student’s request to move the process to the Campus Level and the instructor’s response to the grievance (if provided), the Discipline Chairperson shall immediately notify the Campus Dean or Vice President of Instruction that a formal grievance has been submitted, providing copies of the student’s initiating grievance statement, any instructor’s written response to the grievance, and the written request from the student to have the process advanced to the Campus Level (which may include additional responsive or final statements by the student). Should the student not file a written request to move the grievance to the Campus Level within the prescribed time, the grievance will end.
   
   If the grievance concerns the Discipline Chairperson or other officials of the department, the student has a right to bypass the departmental process and proceed directly to the Campus Level.
   
   NOTE: Disciplines may develop their own formal procedures for considering grievances. Such procedures must be considered and approved by the District Vice President for Academic and Student Services, and published on the Discipline’s website. When such procedures exist, the Discipline’s examination of the grievance will unfold as specified in the procedures.

Article IV: Resolution at the Campus Level

1. Upon receipt of the grievance, the Campus Dean or Vice President for Instruction will either determine that the matter is not an academic grievance and dismiss it, or, with 15 business days, the Campus Dean or vice President for Instruction will establish an ad hoc Grievance Committee to consider the issue.
   1. The Grievance Committee will include three faculty members and one student
   2. When feasible, this Committee will include faculty and students from Disciplines outside of the Discipline in which the parties are directly involved
   3. The Committee Chairperson will be appointed by the Campus Dean or Vice President for Instruction
2. Grievance Committee Operations
   1. The Committee Chairperson shall be responsible for scheduling meetings, overseeing the deliberations of the committee and ensuring that full and fair consideration is provided to all parties. The Committee Chairperson shall vote on committee decisions only when required to break a tie.
   2. All deliberations shall be in private and held confidential by all members of the Committee and those involved in the proceedings. The recommendation of the Committee shall be based on the factual evidence presented to it.
   3. Within 15 business of the Committee appointment, the Committee Chairperson shall deliver in writing to the student, instructor, discipline chairperson or Program Director, and College Dean a report of the findings and a recommended resolution.
   4. Within three weeks of receipt of the Committee recommendation, the College Dean shall provide a decision in writing to all parties.
3. The student or the instructor may appeal the decision of the Campus to the District Level only if the decision of the Campus Dean is contrary to the recommendation of the Committee or if there is a procedural violation of these Student Academic Grievance Procedures. Such an appeal must be made in writing to the District Vice President for Academic and Student Affairs within three weeks of receipt of the decision from the Campus Dean. Otherwise, the decision is final and not subject to further appeal within Edison State College.

Article V: Resolution at the District Level

1. Once appealed to the district level, the appeal notification is submitted to the Vice President for Academic and Student Affairs.
2. At the District Level, the Academic Standards Committee considers grievances; the district level appeal begins when the Vice President for Academic and Student Affairs forwards the original grievance and appeal documentation to the Chair of the Academic Standards Committee.
3. Procedures for Academic Standards Committee when considering academic grievances
   1. The Committee Chairperson shall be responsible for scheduling meetings, overseeing the deliberations of the committee and ensuring that full and fair consideration is provided to all parties. The Committee Chairperson shall vote on committee decisions only when required to break a tie.
   2. All deliberations shall be in private and held confidential by all members of the Committee and those involved in the proceedings. The recommendation of the Committee shall be based on the factual evidence presented to it.
   3. Within 15 business of the Committee appointment, the Committee Chairperson shall deliver in writing to the student, instructor, discipline chairperson or Program Director, and College Dean a report of the findings and a recommended resolution.
   4. Within three weeks of receipt of the Academic Standards Committee decision, Committee chair will provide a written decision to the following:
      1. Student involved in grievance;
      2. Faculty member involved in the grievance;
      3. Discipline Chairperson;
      4. District Vice President for Academic and Student Affairs.
4. Decisions made at the District Level are final.

Written Concerns or Complaints

A concern or complaint is to be distinguished from a petition. A signed concern or complaint with contact information allows the College to respond most effectively to the concern or complaint expressed. A written concern or complaint is to be delivered to the supervisor of the area, except for areas noted below. Since a concern or complaint is normally related to a specific incident, it is to be addressed by the appropriate College official. A concern or complaint about a grade will be referred to the professor, since it is the professor’s professional obligation to assess student performance.

A concern or complaint related to sexual harassment must be submitted to the District Dean of Student Services, Edison State College, 8099 College Parkway, P.O. Box 60210, Fort Myers, Florida 33906-6210, telephone 239-489-9027 (see “State Statutes and College Policies Affecting Students”).

Violations of College policy must be submitted to the Chief Learning Officer. “Incident Report” forms may be obtained from the Security Office on each campus.

Security Policies and Statistics

The Office of Public Safety and Security is committed to providing a safe, secure and orderly environment of the College. The security of our campuses is a cooperative effort, and students, faculty, staff and visitors must assume responsibility for personal safety and the protection of personal and college property.

Prompt reporting of criminal activities, suspicious persons or behavior, potentially hazardous situations and emergencies to Public Safety is encouraged to allow the department to respond as quickly as possible. However, in the event of a crisis, immediate danger, injury or criminal activity, the victim/witness is advised to call 911, then campus public safety. The phone numbers for the Public Safety offices and local emergency numbers are as follows:

Hearing, sight or speech impaired individuals who use specialized telephone equipment should call the Florida Relay Service by dialing 711.

Notes:

^{1. Other crimes required to be reported by the Clery Act include: murder, non-negligent manslaughter, non-forcible sex offenses, aggravated assault, arson, and hate crimes. None of the Edison State campuses had a report of these crimes in 2004, 2005 or 2006. None of the Edison State College campuses have reports of arrests or disciplinary action for: illegal weapons offenses, drug law violations or liquor law violations for the years 2004 thru 2006.}

^{2. Edison State College has no student residential housing.}

See the Edison State College website to view Campus Crime Statistics and other Public Safety information: http://www.Edison.edu/facilities/publicsafety.php

Telephones for Students

A number of pay telephones are located on each campus for student use. College office telephones are for official business or to report emergencies.

Traffic Regulations

As Edison State College is a member of the public education system of Florida, out-of-state students are required to have a valid Florida driver’s license when operating a motor vehicle on the streets and highways of Florida if they are employed in Florida. Out-of-state students should acquire Florida license plates for their vehicles if the vehicles are titled in the parents’ name, and if they or their parents are employed in Florida, and/or if they claim in-state tuition rates.

1. The campus map and parking lot signs indicate where students may park. Students are prohibited from parking in designated staff lots.
2. Designated disabled parking spaces are reserved for persons who are permanently disabled. To use these spaces, students must have a special handicap permit issued by the local county license tag office and Public Safety.
3. Parking is prohibited after 11:00 PM, unless Public Safety Department has received prior notification.
4. Any theft or accident on campus involving a car must be reported immediately to Public Safety.
5. Designated parking spaces for motorcycles and mopeds are provided. Please park in these spaces and not on the grass, sidewalks or near campus buildings.
6. Unauthorized parking in “Reserved” or “Restricted” spaces is prohibited.
7. The absence of “No Parking” signs does not mean that parking is allowed. Parking on the grass, along roadways, drives, curbs, sidewalks or ramps is prohibited. Parking is permitted only in paved lots or in designated parking areas.
8. Vehicles must be parked within marked spaces. Parking diagonally or taking up two parking spaces is not allowed.
9. The speed limit on campus is 30 m.p.h. unless otherwise posted. Speed limit in all parking lots or service drives is 5 m.p.h.
10. Campus traffic and parking regulations and directive signs governing the use of motor vehicles are in effect 24 hours a day, all year long, unless specifically limited. Inclement weather does not bar their enforcement.
11. Moving violations, i.e., speeding, reckless driving, etc. may be referred to an appropriate law enforcement agency.
12. The Public Safety Officer is on duty to assist students whenever possible, but he/she is also required to enforce all traffic and parking regulations and issue citations for violations in accordance with these regulations.
13. Students who receive traffic or parking citations must pay the appropriate fine to the Edison State Cashier Office within 14 working days. Students wishing to contest the fine must submit a written appeal within 14 working days to the Student Court.
14. Any student who does not pay a traffic or parking fine will not receive transcripts and will not be permitted to register for classes until the fine is paid.
15. The following traffic or parking fines are in effect:
    1. Each non-moving violation other than parking in disabled spaces: $15.00. This category includes parking violations, parking on the grass, parking in a reserved space or lot, parking improperly, parking in a No Parking area, blocking an entrance or ramp.
    2. Parking in a disabled space: $50.00.
    3. Speeding: $15.00.
    4. Abuse of a Public Safety Officer may result in a fine of $15.00.

Fines collected will be used to augment Edison State’s student loan funds.

Traffic Ticket Appeals

If a student chooses to appeal a ticket for violating the campus traffic regulations, he or she should contact the Public Safety office on campus. If the student wants to appeal the decision of the Public Safety office, he or she may choose to have a hearing in front of the Student Government Association Chief Justices for a final decision. The Student Traffic Court may uphold the ticket violation, modify the charge or overturn the charge.

State Statutes and College Policies Affecting Students

(See also Student Information and Policies) The following Florida statutes and District Board of Trustee policies affect students at Edison State College. For the benefit of all students, adherence to these laws is expected. Any questions concerning these statutes and policies should be directed to the District Dean of Student Services.

Florida Statutes

Florida Statute Section 1006.61

PARTICIPATION BY STUDENTS IN DISRUPTIVE ACTIVITIES AT PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS; PENALTIES.

1. Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state. Such policies shall include prohibition against disruptive activities at public postsecondary educational institutions.
2. After it has been determined that a student of a state institution of higher learning has participated in disruptive activities, such student may be immediately expelled from the institution for a minimum of 2 years.

Florida Statute Section 1006.62

EXPULSION AND DISCIPLINE OF STUDENTS OF THE STATE UNIVERSITY SYSTEM AND COMMUNITY COLLEGES.

1. Each student in a community college or state university is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the State Board of Education or board of trustees of the institution.
2. Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution’s authorities.
3. Each president of a community college or state university may, after notice to the student of the charges and after a hearing thereon, expel, suspend, or otherwise discipline any student who is found to have violated any law, ordinance, or rule or regulation of the State Board of Education or of the board of trustees of the institution. A student may be entitled to waiver of expulsion:
   1. If the student provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals or of any other person engaged in violations of chapter 893 within a state university or community college;
   2. If the student voluntarily discloses his or her violations of chapter 893 prior to his or her arrest; or
   3. If the student commits himself or herself, or is referred by the court in lieu of sentence, to a statelicensed drug abuse program and successfully completes the program.

Florida Statute Section 1006.63

HAZING PROHIBITED.

1. As used in this section, “hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. ”Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
2. A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon another person who is a member of or an applicant to any type of student organization and the hazing results in serious bodily injury or death of such other person.
3. A person commits hazing, a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon another person who is a member of or an applicant to any type of student organization and the hazing creates a substantial risk of physical injury or death to such other person.
4. As a condition of any sentence imposed pursuant to subsection (2) or subsection (3), the court shall order the defendant to attend and complete a 4-hour hazing education course and may also impose a condition of drug or alcohol probation.
5. It is not a defense to a charge of hazing that:
   1. The consent of the victim had been obtained;
   2. The conduct or activity that resulted in the death or injury of a person was not part of an official organizational event or was not otherwise sanctioned or approved by the organization; or
   3. The conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.
6. This section shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode.
7. Public and nonpublic postsecondary educational institutions whose students receive state student financial assistance must adopt a written antihazing policy and under such policy must adopt rules prohibiting students or other persons associated with any student organization from engaging in hazing.
8. Public and nonpublic postsecondary educational institutions must provide a program for the enforcement of such rules and must adopt appropriate penalties for violations of such rules, to be administered by the person at the institution responsible for the sanctioning of such organizations.
   1. Such penalties at community colleges and state universities may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.
   2. In the case of an organization at a community college or state university that authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the institution.
   3. All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other rule of the institution to which the violator may be subject.
9. Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
10. Upon approval of the antihazing policy of a community college or state university and of the rules and penalties adopted pursuant thereto, the institution shall provide a copy of such policy, rules, and penalties to each student enrolled in that institution and shall require the inclusion of such policy, rules, and penalties in the by-laws of every organization operating under the sanction of the institution.

Florida Statute Section 1006.69

VACCINATION AGAINST MENINGOCOCCAL MENINGITIS AND HEPATITIS B

1. A postsecondary educational institution shall provide detailed information concerning the risks associated with meningococcal meningitis and hepatitis B and the availability, effectiveness, and known contraindications of any required or recommended vaccine to every student, or to the student’s parent if the student is a minor, who has been accepted for admission.
2. An individual enrolled in a postsecondary educational institution who will be residing in on-campus housing shall provide documentation of vaccinations against meningococcal meningitis and hepatitis B unless the individual, if the individual is 18 years of age or older, or the individual’s parents, if the individual is a minor, declines the vaccinations by signing a separate waiver for each of those vaccines, provided by the institution, acknowledging receipt and review of the information provided.
3. This section does not require any postsecondary educational institution to provide or pay for vaccinations against meningococcal meningitis and hepatitis B.

Meningitis is a serious disease that affects the brain and spinal cord. Because bacterial meningitis is a grave illness and can rapidly progress to death, it requires early diagnosis and treatment. This is often difficult because the symptoms closely resemble those of the flu and the highest incidence occurs during late winter and early spring (flu season). When not fatal, bacterial meningitis can lead to permanent disabilities such as hearing loss, brain damage or loss of limbs.

Hepatitis B is a serious infectious disease caused by a virus that attacks the liver. The hepatitis B virus (HBV) can cause life-long infection that leads to cirrhosis (scarring) of the liver, liver cancer, or liver failure. There is no cure for hepatitis B, but the infection can be prevented by vaccination. Each year, about 200,000 people are infected with the virus and 5,000 people die.

Although there have been no reported cases of meningitis or hepatitis B at our College in recent years, we are taking the proactive step towards informing and protecting our students. For more information, please contact the Office of the District Dean of Student Services.

Florida Statute Section 810.08

TRESPASS IN STRUCTURE OR CONVEYANCE:

1. Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
2. 1. Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
   2. If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
   3. If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
3. As used in this section, the term “person authorized” means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.

Florida Statute Section 810.09

TRESPASS ON PROPERTY OTHER THAN STRUCTURE OR CONVEYANCE:

1. Any person who:
   
   1. A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
      1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
      2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance.
   2. As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.
2. 
   
   1. Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
   2. If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
   3. If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

Florida Statute Section 810.095

TRESPASS ON SCHOOL PROPERTY WITH FIREARM OR OTHER WEAPON PROHIBITED:

1. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property, any weapon as defined in s. 790.001(13) or any firearm.
2. As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

Florida Statute Section 877.13

EDUCATIONAL INSTITUTIONS OR SCHOOL BOARDS; PENALTY FOR DISRUPTION:

1. It is unlawful for any person:
   1. Knowingly to disrupt or interfere with the lawful administration or functions of any educational institution, school board, or activity on school board property in this state.
   2. Knowingly to advise, counsel, or instruct any school pupil or school employee to disrupt any school or school board function, activity on school board property, or classroom.
   3. Knowingly to interfere with the attendance of any other school pupil or school employee in a school or classroom.
   4. To conspire to riot or to engage in any school campus or school function disruption or disturbance which interferes with the educational processes or with the orderly conduct of a school campus, school, or school board function or activity on school board property.
2. This section shall apply to all educational institutions, school boards, and functions or activities on school board property; however, nothing herein shall deny public employees the opportunity to exercise their rights pursuant to part II of chapter 447.
3. Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Board of Trustees Policies

POLICY REGARDING STUDENTS WITH HUMAN IMMUNODEFIENCY VIRUS (HIV) (Edison State College District Board of Trustees Policy 6Hx6:6.02)

The following guidelines are established regarding students with Human Immunodeficiency Virus (HIV):

1. DEFINITION: For the purposes of this policy, a student with HIV falls into one of the following categories:
   1. An individual who tests positive for HIV antibody but who has no symptom manifestations; or
   2. An individual who is diagnosed as having Acquired Immune Deficiency Syndrome (AIDS)-displaying one or more opportunistic infections.
2. STUDENT RIGHTS: The College recognizes that the rights of students with HIV to obtain education and employment must be balanced against the rights of persons without HIV who wish to be reasonably protected from contracting the virus.
   1. Both the Federal Vocational Rehabilitation Act of 1973 and the Florida Education Equity Act prohibit discrimination against disabled persons, and students with HIV are classified as disabled.
   2. Precautions will be provided to students in Allied Health Programs and science laboratory classes.
   3. Any student who reveals that he/she has HIV will be afforded confidentiality in accordance with appropriate statutes and state law.
3. ADMISSIONS: No student will be denied admission to the College solely on the basis that he/she has HIV.
   1. The College will not require a student to reveal whether or not he/she has HIV when applying for admission to the College.
   2. Furthermore, the College will not require serological testing to determine if a student seeking admission has HIV.
4. ATTENDANCE, WITHDRAWAL, AND/OR SUSPENSIONS: Under most circumstances, no student will be required to cease class attendance solely on the basis of having HIV.
   1. If a student with HIV requests special accommodations due to illness (i.e., disability), the College will acquire sufficient information about such disability to make a determination regarding the requested accommodation(s).
      1. Any student wishing to request special accommodations should contact the District Dean of Student Services.
      2. On the Charlotte and Collier campuses, the student should contact the Campus President’s Office.
   2. The College will not impose any rule(s) or restriction(s) upon a student with HIV that will have the effect of limiting that individual’s participation in the College’s educational programs and/or services solely on the basis of that person’s disability.
   3. Current research has indicated the possibility that the central nervous system may become affected by HIV, which may lead to progressive neurological and cognitive dysfunction and subsequent inability of the student to maintain scholastic performance. Decisions as to such a student continuing to attend class or being suspended or withdrawn from class(es) will be made on a case-by-case basis after reasonable accommodations have been examined or tried, and after an examination of the facts demonstrates to the College that the student can no longer function as necessary to meet the requirements of the student’s course or program, or that the student presents a health or safety risk to self or to the college community.

DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE (Edison State College District Board of Trustees Policy 6Hx6:2.03)

Edison State College is committed to providing an educational and working environment free from discrimination or harassment based on such factors as race, sex, age, religion, national origin, disability, marital, or veteran status. Edison State College, as a matter of policy and in compliance with Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992 for employees and Title IX of the Education Act of 1972 and the Florida Education Equity Act, absolutely opposes any act of discrimination or harassment and strictly prohibits and will not tolerate such action, whether those involved stand in a subordinate-supervisory relationship, student-faculty relationship, student-student relationship or others doing business with Edison State College.

For purposes of this Policy “discrimination” includes, but is not limited to, action with partiality or prejudice for or against a person of a group on the basis of one of the protected categories above.

For purposes of this Policy “harassment” includes, but is not limited to, verbal, physical, and visual conduct that creates intimidating, offensive, or hostile working or educational environment or that interferes with work performance or educational opportunities.

There are two types of educational/workplace sexual harassment. The first is “quid pro quo” which generally means that type of harassment where a person is promised better employment conditions such as a promotion or a desired transfer or, in the alternative, is threatened with lesser conditions such as a demotion or termination if the person refuses sexual overtures from a supervisor or some other person in the management structure of the employer. The second type of sexual harassment is a “hostile environment.” A hostile environment is created by a pervasive sexually oriented work/educational atmosphere. For example, disparagement related to one’s sex, unwelcome sexual flirtations, sexually offensive jokes or comments, and sexually offensive material displayed in the workplace can create a sexually hostile environment. A sexually hostile environment will exist if the type of conduct described above has the purpose or effect of unreasonably interfering with an individual’s work performance or academic or professional performance or creating an intimidating, hostile or offensive working or educational environment.

Edison State College is also equally opposed to willful and intentional bad faith claims of discrimination or harassment. Bad faith claims are those that are known or should be known by the alleging employee/student to be false. The College takes this strong stand because such claims often affect the future employment and important family relationships of, not only the claimant, but also the person against whom the claim is made.

If an employee or student becomes aware of any behavior that may constitute discrimination or harassment, it is the responsibility of that person to report such conduct.

1. Employees should notify their immediate supervisor, the Associate Vice President of Human Resources or the Executive Vice President.
2. Students should notify either the Dean for Student Services or the Associate Vice President of Human Resources.

Any report of alleged discrimination or harassment will be promptly and fully investigated by the individual contacted above or his or her designee. Appropriate disciplinary action will be taken against any employee, student or applicant who is determined to have violated this policy against discrimination or harassment or against anyone who knowingly files false claims of discrimination or harassment. Based on the seriousness of the offense, disciplinary action may include a verbal or written reprimand, suspension, or termination. Certain disciplinary actions, as determined by the President, may require action by the District Board of Trustees, depending upon the nature of the offense and the resulting severity of the action to be taken. In such cases, the District President will recommend appropriate action to the District Board of Trustees following the completion of the investigation and the communication of the District President’s position to the individuals involved. Claims of discrimination or harassment made against a student may be referred to the student disciplinary committee. Results of the hearing may lead to suspension or expulsion.

Retaliatory action against anyone filing a valid complaint of any type of discrimination or harassment will not be tolerated. The individual investigating such reports or claims on behalf of the College, with the District President’s full support, will make all efforts necessary to safeguard against any retaliation against any individual involved in the discrimination or harassment claim and any witnesses interviewed during the investigatory process.

This policy is intended to reflect applicable laws regarding discrimination and harassment, as such laws may from time to time be stated or clarified, and to provide no greater or lesser protection than the laws provide. This policy is to be interpreted and applied with that understanding.

DRUG AND ALCOHOL POLICY (Edison State College District Board of Trustees Policy 6Hx6:2.04)

It is the policy of Edison State College to promote and maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on and off College premises. The possession or use of alcohol under the circumstances described herein is also prohibited. All students and employees are required to abide by the terms of this policy as a condition of initial and continued enrollment and/or employment.

This policy is based on the Florida Comprehensive Drug Abuse Prevention and Control Act, 41 U.S.C. 70-1 et.seq., as amended and is supplemented by College administrative policies and procedures.

1. The illegal use, possession, manufacture, dispensation and distribution of any controlled substance, at any time, whether on or off duty or on or off College premises is strictly prohibited as a matter of College policy.
2. Except as hereinafter provided, use or possession by an employee or student of alcohol in the workplace, or use of alcohol on College property is prohibited. The possession or consumption of alcohol by employees or students of legal age at a College sponsored or approved function where alcoholic beverages are served by the College or sponsor is not a violation of this Section.
3. Any employee or student who reports to work or class or performs his/her duties while under the influence of drugs or alcohol will be in violation of this policy.
4. Violation of this policy can result in referral to appropriate law enforcement authorities, disciplinary action up to and including immediate suspension, expulsion or termination, and/or a requirement of satisfactory participation in a College approved drug or alcohol rehabilitation program. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

DRUG-FREE CAMPUS AND WORKPLACE (Human Resources Employment and Operating Procedure 7.4)

Policy:

It is the policy of Edison State College to promote and maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances is prohibited on and off College premises. The possession or use of alcohol under the circumstances described herein is also prohibited. All students and employees are required to abide by the terms of this policy as a condition of initial and continued enrollment and/or employment.

This policy is based on the Drug Free Workplace Act, 41 U.S.C. 70-1 et.seq., as amended and is supplemented by College administrative policies and procedures. The illegal use, possession, manufacture, dispensation and distribution of any controlled substance, at any time, whether on or off duty or on or off College premises is strictly prohibited as a matter of College policy.

Except as hereinafter provided, use or possession by an employee or student of alcohol in the workplace, or use of alcohol on College property is prohibited. The possession or consumption of alcohol by employees or students of legal age at a College sponsored or approved function where alcoholic beverages are served by the College or sponsor is not a violation of this Section.

Any employee or student who reports to work or class or performs his/her duties while under the influence of drugs or alcohol will be in violation of this policy. Violation of this policy can result in referral to appropriate law enforcement authorities, disciplinary action up to and including immediate suspension, expulsion or termination, and/or a requirement of satisfactory participation in a College-approved drug or alcohol rehabilitation program. A criminal conviction is not required for sanctions to be imposed upon a student or employee for violation of this policy.

Policy Guidelines:

Disciplinary Sanctions - The College will impose sanctions (consistent with local, state, and Federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include, but are not limited to: 1) referral for prosecution; 2) probation, suspension, or expulsion of students; or 3) suspension or termination of employees.

Description of Health Risks

Alcohol. Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and abstract mental functioning. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses, including acquaintance rape, vandalism, fights, and incidents of drinking and driving. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle.

Cannibis (Marijuana, Hashish). The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.

Hallucinogens. Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries.

Cocaine/Crack. Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death.

Amphetamines. Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.

Heroin. Heroin is an opiate drug that causes the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in the heart rate.

Legal Sanctions
You should be aware that State of Florida statutes provide that it is “unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 200 feet of the real property comprising a public college or other postsecondary educational institution.” Legal action will be taken for violation of these statutes and policies, as appropriate. Any person who violates this paragraph with respect to a controlled substance named or described in s.893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a felony of the first degree punishable as provided in s.775.082, s.775.083., or s.775.084 and shall not be eligible for parole or release under the Control Release Authority or statutory gain time.

State law prohibits the possession of alcoholic beverages by persons under age 21, punishable for the first offense by a definite term of imprisonment not exceeding 60 days and/or a $500 fine, and for a subsequent offense by a definite term of imprisonment not exceeding one year and a fine of $1,000. It is similarly prohibited and punishable to distribute alcohol to minors.

State law makes it a crime for any person to possess or distribute illicit drugs (controlled substances as described in Section 893.03, Florida Statutes) under Section 893.13, Florida Statutes. Law provides certain limited exceptions. The crimes range from second degree misdemeanors (up to 60 days imprisonment and up to a $500 fine) to first degree felonies (up to 30 years imprisonment and up to $10,000 fine).

Trafficking (distributing specified large quantities of various controlled substances under Section 893.03, Florida Status) under Section 893.135, Florida Statute is punishable, depending on the particular illicit drug and quantity involved, by a minimum term of imprisonment of 3 to 25 calendar years and a fine of $25,000 to $500,000.

Federal trafficking penalties for first offenses, depending upon the illicit drug involved, range from not more than one year imprisonment and a fine of not more than $100,000 for an individual to 40 years to life imprisonment and a fine of not more than $200,000 for an individual to not less than life imprisonment and a fine of not more than 8 million dollars for an individual.

The College requires that any employee who is convicted of any offense relating to the sale, purchase, delivery, use, manufacturing or distribution of illegal drugs or controlled substances on campus, or while attending a College-sponsored event or conducting College business to report such conviction to the Human Resources Office, (239) 489-9294, no later than five days after the conviction.

Drug Education and Treatment Programs

Edison State College recognizes illegal drug use and/or dependency to be a health, safety and security problem. Those who need assistance with problems related to drug abuse are encouraged to use any available resources including:

RIVERSIDE BEHAVIORAL HEALTH CENTER
CHARLOTTE REGIONAL MEDICAL CENTER
733 East Olympia Avenue
Punta Gorda FL 33950
(941) 637-2474 or 1-800-722-5563

RUTH COOPER CENTER FOR
BEHAVIORAL HEALTH CARE
2789 Ortiz Avenue, SE
Fort Myers FL 33905
(239) 275-3222, Extension 202

SOUTHWEST FLORIDA ADDICTION SERVICES
2101 McGregor Blvd
Fort Myers FL 33901
(239) 332-6937

THE WILLOUGH AT NAPLES
9001 Tamiami Trail East
Naples FL 34113
1-800-722-0100

For further information regarding education, rehabilitation and other aspects of the College policy, contact:

LEE CAMPUS, Fort Myers
Office of Human Resources
(239) 489-9293
Office of Counseling and Advising
Taeni Hall, second floor
(239) 489-9230

CHARLOTTE CAMPUS, Punta Gorda
Campus Director, Student Services
(941) 637-5678

COLLIER CAMPUS, Naples
Associate Dean, Student Services
(239) 732-3710

HENDRY/GLADES SERVICES, LaBelle
Center Coordinator, Student Services
(863) 674-0408

CAMPUS VIOLENCE PREVENTION POLICY (Edison State College District Board of Trustees Policy 6Hx6:2.07)

Edison State College is committed to preserving the safety and security of students, staff, faculty, and visitors to the College. Breach of the peace and other violations, including threats, intimidation, violence, assault, batteries, sexual batteries, or other disruptive behavior will not be tolerated. Such behavior can include oral or written statements, gestures, or expressions that may communicate a direct or indirect threat of physical harm. Edison State College will not tolerate threats, direct or implied: physical conduct that results in harm to people or property; possession of deadly weapons on College property; or intimidating conduct or harassment that disrupts the teaching/learning and/or work environment or results in fear for personal safety. Threats, threatening behavior, or other acts of violence carried out off College-owned or leased property but directed at College employees, students, or visitors while conducting official College business are a violation of this policy. Off-site threats include but are not limited to threats made via telephone, fax, electronic or conventional mail, or any other communication medium.

Any student found in violation of this policy will be subject to disciplinary action up to and including dismissal. Any employee found in violation of this policy will be subject to disciplinary action up to and including termination. Individuals who commit such acts may be immediately removed from the premises. The College, through its Public Safety office, will refer violations to local and state law enforcement agencies for criminal prosecution and further action as determined by those agencies.

To promote an atmosphere that encourages learning and productive employment, quick responsive action will be taken if violence or the threat of violence arises.

1. ASSISTANCE
   Generally, the office of Public Safety should be the first department contacted after an incident occurs at a campus or College site. Upon preliminary investigation, the appropriate local law enforcement agency may be notified and the incident may be referred to the agency. The Public Safety office will notify the appropriate campus administrator, or designee.
2. CONFIDENTIALITY
   Pursuant to Section 794.03, Florida Statutes, it is unlawful to print, publish or broadcast in any instrument of mass communication, the name, address or other identifying fact or information of the victim of any sexual offense.
3. INFORMATION AND RESOURCES
   The College will develop, make available and distribute information regarding safety, security, and/or sexual assault through the use of handouts, programs and seminars designed to promote awareness and prevention among the College’s students, employees and the public.
4. REPORTING
   Any violent, threatening, harassing, intimidating, or other disruptive behavior or other violations or potentially hazardous situations witnessed or received should be reported immediately to Public Safety and/or to a supervisor or manager. NOTE: Threats or assaults that require immediate attention by police should be reported first to the police at 911.

SUBSTITUTION POLICY FOR STUDENTS WITH DISABILITIES (Edison State College District Board of Trustees Policy 6Hx6:6.03)

1. Eligibility: Students who are hearing impaired, visually impaired, or who have a specific learning disability are eligible for reasonable substitution for any requirement(s) where it can be documented that the student’s failure to meet the requirement(s) is related to the disability. Substitutions shall be provided in the areas of admission to the college, admission to a program of study, or graduation where the substitution does not constitute a fundamental alteration in the nature of the program.
2. Documentation: Documentation that is no more than three years old, substantiating the nature of the disability, shall be provided by the student concurrent with his or her request for a reasonable substitution for admission to a program of study, or graduation. Such documentation shall be provided by a medical doctor, psychologist, or other specialist recognized to treat the specific disability.
3. Review Policy: Students with disabilities requesting course substitutions must submit an academic petition to the Office of the Registrar. The petition at minimum shall identify the substitution desired and the justification for the substitution, and shall contain the documentation described in paragraph 2 above. The District Registrar, in consultation with the appropriate academic dean and the Coordinator for Students with Disabilities, will consider reasonable substitutions appropriate for each individual student.
4. Substitution Decision: The decision will be communicated in writing by the District Registrar to the student and the Coordinator for Students with Disabilities.
5. Articulation: Edison State College will recognize any substitution previously granted to a transfer student by a Florida State postsecondary institution. In accordance with FAC 6A-10.041(3), substitutions granted by Edison State will be honored at any Florida State postsecondary institution. The College will assist the student in contacting the out-of-state or private institution receiving the course substitution(s) to determine how the substitution(s) will be treated in the program of study he/she is pursuing. The student will be advised accordingly.
6. Student Appeal: A student may appeal a denial of the substitution request(s) or determination of ineligibility in writing to the District Dean of Student Services, who shall make the final decision. The appeal must be filed within 21 days of receipt of the written denial by the District Registrar. Any decision of the District Dean of Student Services is subject to the right of any person whose substantial interests are determined to request a hearing pursuant to Title X, Chapter 120, Florida Statutes.
7. Records: The District Registrar and the Coordinator for Students with Disabilities shall maintain records on the number of students granted substitutions by type of disability, the substitution provided, the substitutions identified as available for each documented disability and the number of requests that were denied.

American Disabilities Act (ADA) Policy

It is the policy of Edison State College that discrimination against qualified individuals with disabilities is prohibited. Pursuant to Titles I and II of the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973, the College provides equal employment and educational opportunities and reasonable accommodation for qualified individuals with disabilities.

Policy Guidelines

The College reaffirms the principle of Equal Access/Equal Opportunity regardless of race, creed, color, national origin, religion, sex, age, marital status, and disability. The equal opportunity principle applies to otherwise qualified persons with disabilities with regard to employment, the delivery of educational programs and services and all other appropriate areas in which the College is involved.

The College assumes the Department of Labor’s definition of an individual with a disability is “one who (1) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) has a record of such impairment; or (3) is regarded as having such an impairment.” Edison State College understands that it must provide reasonable accommodation to the known physical or mental limitations of a qualified applicant, employee, and/or student with a disability, unless such accommodation would impose an undue hardship on the College.

The College has designated the Associate Vice President of Human Resources as the ADA Coordinator for applicants, employees and students. The Coordinator will oversee and coordinate the College’s efforts to comply with and carry out its responsibilities pertaining to the Act and serve as the contact person for all ADA information, resource policies, procedures and concerns.

Procedure

1. Request for Accommodation
   It is the obligation of the individual with a disability to request a reasonable accommodation. Enrolled students must submit any request for accommodations to the Program Office for Students with Disabilities on the appropriate campus for consideration. Applicants and/or employees must submit any request for accommodations to the Office of Human Resources or the Campus President. Individuals with a disability must provide recent documentation from a qualified professional that speaks to the specific disability and the requested accommodation. Requests for accommodations must be specific to the documented needs. The appropriate party will provide a written response.
2. Complaint Resolution
   1. Informal Resolution
      Individuals with disabilities are encouraged first to attempt to independently resolve concerns by initiating a meeting with the faculty member, supervisor, or staff member with whom there is a concern or disagreement. However, when the matter cannot be resolved independently, individuals with a disability are encouraged to address such instances through the following grievance procedure.
   2. Grievance Procedure
      Edison State College has adopted an internal grievance procedure for prompt and equitable resolution of complaints alleging any actions prohibited by the U.S. Department of Justice regulations implementing Title II (public, state and local government) of the Americans with Disabilities Act. Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

All applicant/employee ADA complaints, excluding those filed against the ADA Coordinator, should be addressed to Pamela Fairfax, ADA Coordinator/Associate Vice President of Human Resources, 8099 College Parkway, S.W., P.O. Box 60210, Fort Myers, Florida 33906 or by calling (239) 489-9293 or call through the Florida Relay Service at 1-800-955-8771 (TTY).

All student ADA complaints should be addressed to the District Dean of Student Services, 8099 College Parkway, S.W., P.O. Box 60210, Fort Myers, Florida 33906 or by calling (239) 489-9027 or call through the Florida Relay Service at 1-800-955-8771 (TTY).

All ADA complaints filed against the ADA Coordinator should be addressed to the Executive Vice President, 8099 College Parkway, S.W., P.O. Box 60210, Fort Myers, Florida 33906 or by calling (239) 489-9120 or call through the Florida Relay Service at 1-800-955-8771 (TTY).

1. All complaints should be filed in writing, contain the name, address of the person filing it, and briefly describe the alleged violation of the regulations. In addition, a copy of the original request for accommodation must be included with the complaint.
2. A complaint should be filed within 180 calendar days after the complainant becomes aware of the alleged violation.
3. An investigation, as may be appropriate, shall follow the filing of the complaint. The investigation shall be conducted by the ADA Coordinator, Executive Vice President or District Dean of Student Services, depending upon the nature of the grievance. A thorough investigation will be held, affording the individual or specific class of individuals and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by either the ADA Coordinator, the District Dean for Student Services or the Executive Vice President, and a copy will be forwarded to the complainant no later than fifteen (15) working days after its filing.
5. Either party may appeal the findings of the investigation to the Campus President or designee by filing a written request for a review of a complaint alleging discrimination on the basis of disability or failure to provide reasonable accommodation within ten (10) calendar days of receipt of the findings.
6. The ADA Coordinator shall maintain the files and record complaints filed.
7. Filing a complaint with the College’s grievances system in no way precludes an individual’s right to file a grievance with the Department of Education or the Department of Justice.