Student Rights and Responsibilities

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***

Introduction

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. College related off-campus conduct issues will be handled 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. The office of the Dean of Student Services provides a central location for the maintenance of disciplinary records. 

Article I: General Description of Conduct Violations

Any act or behavior by a student which tends to interfere with or otherwise disrupts the orderly conduct, process, function, and/or interests of the college is prohibited and may be subject to a Code of Conduct investigation. Such acts and behaviors include but are not limited the following:

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 or 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. This also includes falsifying the application for admission.
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, barbiturates, 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.
6. 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.
7. 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.
8. Forgery: Forging, alteration or misuse of College documents, forms or records.
9. Stealing: The unlawful taking, destroying, defacing, damaging, or misuse of College property or the property belonging to others.
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; 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: Beginning May 17, 2010, Edison State College became a Tobacco-Free organization and sets the following rules regarding tobacco use.
    • Tobacco use, distribution, or sale, including, but not limited to smoking, is prohibited on College-owned, operated or leased property
    • Organizers and attendees at public events, such as conferences, meetings, public lectures, social events and cultural events, using Edison State facilities are required to abide by this policy. Organizers of such events are responsible for communicating this policy to attendees and its enforcement.
    • For the purposes of this policy, tobacco is defined as any product made of tobacco including, but not limited to, cigarettes, cigars, cigarillos, pipes, and any and all chewing tobacco products.
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:
    • 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 departments on the Charlotte, Collier,  Lee Campuses and Hendry/Glades Center.
    • 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, fund-raising 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 15, 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 properly documented disability. Children, spouses, or other relatives are not permitted, except with permission of a Dean, Campus President, or the 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 II: Student Conduct Violations Procedure 

Informal Process

In an effort to keep matters from rising to a formal hearing, there will be two attempts to resolve violations informally.

1. Violations should be resolved by student and college employee interaction. Such disposition shall be final and there shall be no subsequent proceedings. 
2. If the situation cannot be resolved, a written charge against a student for a violation of the code of conduct is submitted to the appropriate student services official (Associate Dean of Enrollment Management and Student Services or the designee) on the campus or center on which the alleged violation occurred. The student services official 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. Such disposition shall be final and there shall be no subsequent proceedings. 

Formal Process

If a resolution cannot be reached informally, the violation will be referred to the Dean of Student Services. The President of each campus (Vice President at the Hendry/Glades Center), in conjunction the Dean of Student Services, will convene an ad hoc Student Conduct Board within seven (7) days of receiving the violation. The membership of this Board will be determined by the specific conduct violation in question. The hearing may take place within a month of the board convening. This board will conduct a hearing at the appropriate site according to the following guidelines:

1. Normally, attendance at Student Conduct Board Hearings will be limited to the accused student(s), witnesses, and his/her approved advisors.
   • 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 chair of the Student Conduct Board.
   • In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, at his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
2. The Complainant and the Accused Student have the right to be assisted by an advisor if they so 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.
3. The Complainant, the Accused Student and the Student Conduct Board may arrange for witnesses to present pertinent information. A member of the Student Conduct Board will be responsible for asking the questions submitted by all parties in order 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 at the discretion of the chairperson of the Student Conduct Board.
4. 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.
5. All procedural questions are subject to the final decision of the chairperson.
6. At the conclusion of the hearing, the Student Conduct Board shall determine whether the Accused Student has been found in violation of any of the charges.
7. 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.
8. If an Accused Student, having been given 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. A ruling may still be made, and that ruling will be binding.
9. 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, as determined in the sole judgment of Chair of the Student Conduct Board to be appropriate.

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. Referral to a tobacco intervention program or the Student Assistance Program as conduct violation indicates;
4. Loss of Privileges—Denial of specified privileges for a designated period of time;
5. Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement;
6. Suspension—Separation of the student from Edison 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 Dean of Student Services or designee;
8. Expulsion—Permanent separation of the student from Edison. All recommendations of expulsion must be reviewed and approved by the District President (or designee). 

The above list of sanctions is not exhaustive. More than one sanctions listed may be imposed for any single violation. Within five (5) business days of the conclusion of the Student Conduct Board hearing, the Dean of Student Services will provide the student with written notification of the sanctions agreed to by the Student Conduct Board. 

Appeals

The Accused Student can appeal the decision of the Student Conduct Board by submitting a written notice of appeal within three (3) business days of the student notification that a sanction has been imposed.   The written appeal should highlight information that was not available to the Student Conduct Board at the time of the hearing. If there are no new facts in the written appeal, the decision will be made using the verbatim record of the initial hearing and supporting documents. Written appeals should be submitted as follows:  

Should a student feel that the appeal has not been satisfactorily resolved, the student may forward the appeal (in writing) to the office of the Dean of Student Services. If the appeal reaches the district level, the Senior Vice President may be consulted. Any decision made at the district level is final.  

Upon conclusion of a formal appeal, all written documentation will be forwarded to the office of the Dean of Student Services for archiving.  

Article III: Academic Integrity Violations

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.

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. 

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 IV: Student Academic Integrity Violations Procedures           

In an effort to keep matters from rising to a formal hearing, there will be two attempts to resolve violations informally. 

Informal Process

1. This procedure is based on the assumption that violations should be resolved by student and professor interaction via the informal process. Such disposition shall be final and there shall be no subsequent proceedings. If the situation cannot be resolved informally, the following procedure will be enforced.
2. If the violation cannot be resolved, a written charge against a student for a violation of academic integrity is submitted to the appropriate academic associate dean or campus dean (or designee) on the campus or center on which the alleged violation occurred. This official 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. Such disposition shall be final and there shall be no subsequent proceedings.  

  Formal Process

If a resolution is not reached by the informal process, the appropriate associate dean or dean shall submit a request, in writing, to the District Dean, Arts and Sciences/Professional and Technical Studies or the Dean’s designee, for a formal conduct hearing.

1. The dean shall appoint an ad hoc committee consisting of the faculty department chair (or faculty designee), and two other faculty members. The department chair (or designee) will serve as the chairperson.
2. The committee shall, within seven (7) working days of being constituted, meet to hear the violation, review documentation, and interview all witnesses deemed pertinent to the matter.
3. The committee shall, within four (4) working days after the close of the hearing, report its findings, and make a recommendation for resolution of the matter.

Appeal

The District Dean will report the finding to the Vice President, Academic Affairs for a final decision. That decision is binding.  

The Dean of Student Services will maintain all records concerning academic dishonesty and resulting sanctions.  

Sanctions

The following sanctions may be imposed upon students for violations of Academic Integrity:

1. Warning—A notice in writing to the student that the student is violating or has violated institutional regulations;
2. Academic Penalty—For academic dishonesty violations, the student may be given a zero/“F” for the assignment/course as indicated by the individual course;
3. Loss of Privileges—Denial of specified privileges for a designated period of time;
4. 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;
5. Suspension—Separation of the student from Edison for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified;
6. 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;
7. Expulsion—Permanent separation of the student from Edison. All recommendations of expulsion are must be reviewed and approved by the District President (or designee). 

Academic programs with a specific Student Code of Conduct will supersede COP 06-0802*.

***The student code of conduct is under revision. Please consult Edison’s web-site for the most current code of conduct. Any student charged with violation of Edison’s code of conduct will be provided with a copy of the current code to insure they have the most current information to follow.

Interim Suspension Policy

The President or designee has the authority to determine if a violation warrants an interim suspension of a student or a student organization’s privileges at any time prior to the conclusion of the College’s disciplinary process, including during the appeal process.  The criteria used in making this determination are:

a)Whether the student poses an ongoing threat of harm, disruption of, or interference with, the normal operations of the College; and

b)Whether interim suspension is necessary to protect the health (physical and mental), safety or general welfare of the College community or to preserve College property.

An interim suspension means a student cannot be on College property, cannot attend classes (including online classes), and cannot use College facilities.  An interim suspension requires the student be notified in writing as soon as practical.  The student has the opportunity to be heard on whether the interim suspension should continue until a hearing is held on the actual violation of the Student Code of Conduct.

The student will be heard on the Interim Suspension at a Student Conduct Committee hearing within three (3) days of receipt of the notice of the Interim Suspension letter unless a later time is agreed upon by both parties.  The student’s challenge of the Interim Suspension must be based on one of the following:

• an egregious error pertaining to the student’s involvement;
• or a contention that the violation, even if proven, does not pose a threat to the health, safety or general welfare of the College community and thus does not warrant an interim suspension.

Upon the recommendation of the President or designee the College may remove a student from on-campus housing if it is necessary to protect the health, safety and general welfare of individuals or property and prohibit the resident from vising the housing areas prior to the student’s hearing with a hearing body.  The aforementioned hearing will take place within a reasonable time after notification to the student.

Academic Grievance Procedure

Edison State College Student Grievance Procedures are based on providing resolution to legitimate academic issues.  State Board Rules and College Policies are not subject to grievance; only the application or interpretation of rules or policies may be grieved. 

The academic grievance procedure is based on the assumption that academic disagreements should be resolved by student and faculty interaction via the informal process.  The 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.

When a student feels that an error has been made in the assignment of a course grade, it is the responsibility of the student to first meet with the Professor to try to resolve the issue.  The Academic Associate Dean in the area may be consulted if necessary.  Grades are assigned solely by the faculty member of record.  This assignment of grades is not subject to change through the Formal Academic Grievance process.  The decision of the professor is binding, except in cases where a grade can be shown to have bee arbitrary, capricious, and/or retaliatory in nature.

Informal Grievance Procedure

The aggrieved student feels that published college policies or procedures have been violated and that this has negatively affected his/her academic status.

1. The student shall meet with the faculty member and both shall make an effort to reach a mutual resolution.  The syllabus will be the guiding document.  The appropriate administrator (see Table 1) may assist in the informal resolution.  Every effort should be made to resolve the problem at this level.
2. If the grievance remains unresolved, the District Dean, Arts and Sciences or the District Dean, Professional and Technical Studies (or the dean’s designee) shall be consulted, and a second attempt will be made to solve the grievance informally.
3. If resolution is not successful, then the student may move to place a formal grievance.  The formal grievance must be submitted within five (5) working days of denial of the informal grievance.  

 *In areas with discipline overlap, administrators should consult each other in order to reach a consensus.

Formal Grievance Procedure

The aggrieved student should submit a request in writing to the District Dean (or the dean’s designee), for a formal student grievance hearing.  It shall set forth the nature of the grievance, the person(s) involved, and the resolution desired.

1. The dean shall appoint an ad hoc grievance committee consisting of the faculty department chair (or faculty designee), and two other members: one regular, full-time administrative employee, and one member of the Student Government Association Board.  The department chair will serve as the chairperson.
2. The dean or his/her designee will serve as recording secretary to the committee, but shall have no vote.
3. The committee shall, within seven (7) working days of being constituted, meet to hear the grievance, review documentation, and interview all witnesses deemed pertinent to the matter.
4. The committee shall, within four (4) working days after the close of the hearing, report its findings, and make a recommendation for resolution of the matter.
5. The District Dean will report the finding to the Vice President, Academic Affairs for a final decision.  That decision is binding.
6. When the grievance has been resolved, all paperwork shall be forwarded to the Dean of Students for archiving.

Time Limits

A grievance must be filed in a timely fashion.  If a student is filing a grievance, it must involve a specific even or incident occurring within thirty (30) days of filing.  Informal grievance must precede a formal grievance.  Attempts to resolve potential grievances normally will not require more than 30 days.  If more time is required, all parties involved must agree in writing to the extension.  If agreement is not reached, the District Dean (or the dean’s designee) will make a time determination. 

Non-Academic Grievance Procedure

A grievance is a complaint regarding a violation, interpretation, or application of a college policy, administrative procedure, or administrative regulation.  The written grievance procedure is based on the assumption that grievances, disagreements, and complaints should be resolved by direct interaction among students and staff.  To facilitate an efficient and timely resolution process, Edison State College has an Ombudsman to assist students through informal and formal grievance procedures.  The College also maintains a clear chain of escalation for grievances.

NOTE CONCERNING DISCRIMINATION AND HARASSMENT:

Edison State College maintains a separate set of procedures to address complaints that entail accusations of discrimination or harassment.  These types of complaints are addressed through Edison State College Board Policy 6Hx6:203.  Students should notify the Dean of Students or the Vice President, Human Resources for assistance in resolving any discrimination or harassment issue.

Procedures

Article I: Role of the Ombudsman and Student Advocates

The district Ombudsman Office can provide students with guidance as they work with institutional resources and personnel to resolve a variety of issues (including formal grievances).  The Ombudsman can refer students to the appropriate departmental managers, provide students with advice concerning institutional policy, and assist in the resolution of informal grievances.  In most cases, the Ombudsman will be the point of reception for formal, written grievances.  If a student is on another campus or is taking an online class and needs assistance with a grievance, the Associate Dean of Enrollment Management and Student Affairs (Charlotte, Collier, and Lee), the Coordinator of Student Services (Hendry, Glade), the El earning Student Support Specialist (Online) will serve as student advocates.  They will ensure that the student is directed to the correct person to solve a grievance.  Every effort will be made to resolve it informally.  Each department has a complete list of the reporting structure for handling non-academic grievances.  Please see COP 08-0804 for a detailed grid.

Article II: Informal Grievance Resolution

The student will be directed to work with the appropriate person to informally resolve a grievance (as listed in Article V).  Attempts to resolve potential grievances normally should not require more than 30 days. If an informal resolution cannot be reached, then the person may initiate the formal grievance procedure.  Copies of all formal grievances should be forwarded to the Ombudsman.

Article III: A Formal Written Grievance

A formal written grievance is distinguished from an informal grievance in the following manner:

1. The grievance must be in writing, and must be dated and signed by the student making the grievance.
2. The grievance must clearly identify the department(s) and issue(s) involved.
3. The grievance must indicate that the student has attempted to resolve the issue with the involved staff member prior to the date of the grievance.

Article IV: Formal Written Grievance Procedures

A student may submit a formal written grievance to the appropriate next level (as listed in Article V).  The district Ombudsman will be available to provide guidance and support to all parties if needed.

Once a formal grievance has been submitted, the following process is engaged:

1. The appropriate employee initiates an investigation of the issues identified in the grievance.
2. Within five (5) business days of receiving the grievance, the employee (as listed in Article V) will provide the student with a written response to the grievance; the written response will contain a description of any findings and decisions made regarding the grievance.
3. If the student feels the response does not address the grievance properly, the student may request that it be referred to the next higher administrative level (as listed in Article V).
4. At each administrative level, the administrator will be given five (5) business days to investigate the issue and provide the student with a written response.
5. Should a student feel that a campus grievance has not been satisfactorily resolved, that student may forward the grievance (in writing) to the appropriate district office (as listed in Article V).  When a grievance is appealed at the district level, the Senior Vice President, Operations may be consulted.  Any decision made at the district level is final.

Article V: Final Authority

The following tables illustrate the progression of administrative levels that a student may follow in seeking resolution to a formal, written grievance.  The person listed in the initial level is usually the person who will handle the informal grievance. 

Charlotte Campus

Collier Campus 

Hendry/Glades Center

Lee Campus  

District 

 *Employees on the Lee Campus may serve as both representatives of Lee Campus as well as the entire district.  Therefore, the position noted at the Final Level is often an employee who holds a district position.  The Vice President will have final authority on both the Lee Campus and at the district level.  Any decision made will be final.  In cases of academic grievances, COP 06-0803 (Student Administrative Grievance Procedure - Academic Issues) will be followed, and the Vice President, Academic Affairs will have final authority at the Lee Campus and district levels.

Security Policies and Statistics

The Department of Public Safety is committed to providing a safe, secure, and orderly environment in which learning, working, and administrative operations of the College have the opportunity to excel. But, the safety of our campuses is a cooperative effort of students, faculty, staff and visitors and all of us must assume responsibility for our own personal safety as well as the protection of our personal and college property.

The Department, with the main office on the Lee Campus is comprised of both sworn and non-sworn public safety personnel. The Director, sergeants on the Charlotte, Collier and Lee campus and two officers on the Lee campus are sworn law enforcement officers as required by Florida statute. The Collier and Charlotte campuses are also staffed with licensed, uniformed Wackenhut security officers who patrol all campus facilities twenty-four hours a day, seven days a week throughout the year. The Charlotte, Collier and Hendry-Glades campuses each have a public safety office.

Access is provided to campus facilities during normal operating hours. Prior arrangements should be made in writing to the Public Safety office for admittance to campus buildings after hours. Edison State College does not have residential housing for students.

How to Report Crimes on Campus & Guidelines That Encourage Accurate Reporting Crimes to Campus Public Safety


Prompt reporting of criminal actions, suspicious persons or behavior, potentially hazardous situations and emergencies to Public Safety is encouraged to allow the department to respond as quickly as possible. Evidence should be preserved for use in criminal prosecution. 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.

Crime Prevention
Public Safety officers are assigned to provide a highly visible, proactive patrol on campus property, including parking lots and buildings. The officers are equipped with hand-held radios so that they are in constant communication with the Public Safety base station and other campus security officers. The Charlotte, Collier and Lee campuses have sworn law enforcement officers in addition to non-sworn public safety officers. The law enforcement officers have full police power on the campuses of Edison State College and the Public Safety officers though they do not have arrest powers they are permitted to use reasonable and necessary force to protect themselves and others from bodily harm. All of our campus public safety offices enjoy a positive relationship with the respective sheriff’s office, which responds to serious criminal incidents on campus. The College has Mutual Aid Agreements with each of the county sheriff’s offices.

The use of, or possession of, firearms, ammunition or other weapons and/or setting off any explosive device, fireworks or flammable liquid or objects on College property are prohibited on campus, except for individuals authorized to do so in their line of work.

Informational Programs Available to Students & Employees Regarding Campus Security Procedures and Practices  
Public Safety personnel participates in student and staff orientations, which cover topics such as violence in the work place, campus theft, personal safety, and how to report concerns or complaints, injuries or criminal activities. Other topics addressed are how to report vehicular accidents and campus parking. Special programs covering topics such as date rape, “Right to Know” training and drug and alcohol awareness are presented on a scheduled basis by the offices of Public Safety, Student Services and Human Resources.

Policy Regarding Criminal Activity by School-Sponsored Student Organizations at Off-Campus Locations
Any Edison State College sponsored student activity held off-campus will follow the same rules and regulations as if the event were held on college grounds.  Any violation of municipal, county, state or federal law and subsequent conviction constitutes violation of college policy. The nature of the violation will determine the extent of sanctions that may be invoked by the college. Depending on the severity of the violation, penalties may range from probation, suspension or expulsion.

Policies Regarding the Manufacture, Possession, Use and/or Sale of Illegal Drugs or Alcoholic Beverages and the Enforcement of State Underage Drinking Laws 
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.

Use of alcoholic beverages or having alcoholic beverages in ones possession, either on campus or at a college-approved function, is strictly prohibited.  
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.

• The illegal use of, 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.

Assault and Sexual Assault Prevention Programs & Procedures to Follow if an Offense Occurs
Edison State College is committed to preserving the safety and security of students, staff, faculty and visitors to the college.  Breaches of the peace, including but not limited to, 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. The college, through its Department of Public Safety will refer violations to local and state law enforcement agencies for criminal prosecution and further action by those agencies. Any student found in violation of these policies will be subject to disciplinary action up to and including dismissal. Any employee found in violation will be subject to disciplinary action up to and including termination.

Generally, the Public Safety office 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. NOTE: Threats or assaults that require immediate attention by police should be reported first to the sheriff at 911. The victim or witnesses are encouraged to report the incident as soon as feasible to a Public Safety officer or employee. Evidence should be preserved for use in criminal prosecution. 

Notifying Students of Available Counseling Services and Modification of Victim’s Academic or Living Situation
Victim support and assistance is available through various support services, both on and off campus. Medical care and counseling should be pursued as soon as possible by victims of sexual assault or abuse. The Vice President for Student and Academic Services and the Associate Vice-President of Human Resources are designated as the victim advocates on campus. If requested, a victim may request that his/her classes be rescheduled. The request should be submitted to the Vice President for Student and Academic Services’ office.
The college has programs and information available regarding safety, security and/or sexual assault. This information is disseminated to students and employees through the college catalog, the employee operations manual and the employee benefits programs held on all three campuses. Brochures, programs and seminars designed to promote awareness and prevention among students, employees and the public are also presented through the Public Safety, Human Resources and Student Services offices.

Florida Victim Services Directory
http://myfloridalegal.com/vicdirect.nsf/Twentieth%20Judicial%20Circuit!OpenView

Sexual Offender and Predator’s Registry
In accordance with Florida statutes and federal law, individuals designated as Sexual Predators or Sexual Offenders must register with the Florida Department of Law Enforcement (FDLE). Convicted sex offenders from out of state must register in Florida within 48 hours of establishing residence. FDLE has established a toll-free number (1-888-fl-predator) or (1-888-357-7332) that allows the public to request information about sexual predators and sexual offenders living in their communities and around the State. Requests may be made between the hours of 8:00 a.m. and 7 p.m., Monday through Friday. The FDLE has created a web tool for interested parties to search their database. This database may be used to find sex offenders and predators by name, address, city, county, or zip code. This site is located at http://offender.fdle.state.fl.us/offender

Traffic Regulations
Parking at Edison State College is regulated to provide for the safe flow of traffic, avoiding property damage (i.e., parking on the grass may damage irrigation systems) and providing access for handicapped persons, emergency vehicles and authorized persons in certain areas. Each campus has adequate parking available.  Parking is permitted only in marked parking spaces.



Please be aware of parking in restricted lots/spaces which are appropriately marked with signs. 


Campus maps and parking lot signs indicate where drivers may park. Students are prohibited from parking in designated staff lots.

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.

Overnight Parking is prohibited, unless Public Safety Department has received prior notification.

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.  Vehicles must be parked within marked spaces. Parking diagonally or taking up two parking spaces is not permitted.

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.

To this end public safety officers on all Edison campuses enforce the following violations:

1. Parking on the grass
2. Parking in restricted areas (i.e., sidewalks, roadways, crosswalks, etc)
3. Parking/occupying more than one parking space
4. Blocking an entrance, driveway, loading dock
5. Parking in a no parking/restricted parking space/lot (without permit)
6. Littering
7. Parking in Fire Lanes
8. Parking in front of fire hydrant
9. Parking in a handicapped designated parking area (without permit)

Fines
Violations 1 thru 8 face a fine of $15.00 and Violation 9, Parking in handicapped area has a fine of $50.00. 
Fines are paid at the campus cashier’s offices.

Unpaid fines will result in holds on transcripts, diplomas or registration for classes.

Students who receive parking citations must pay the appropriate fine to the Edison State College Cashiers Office within 14 working days.

Parking 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 within 14 working days to submit a written appeal to have a hearing in front of the Student Government Association Student Court for a final decision. The Student Traffic Court may uphold the ticket violation, modify or overturn the ticket.

Uniform Traffic Citations
Moving violations, i.e., speeding, reckless driving, etc. may be investigated by campus police or referred to the respective sheriff’s office.
Campus law enforcement officers may also issue state Uniform Traffic Citations for violations occurring on our campuses. These cases are handled thru the county Clerk of Courts offices:

Lee County: http://www.leeclerk.org
Charlotte County: http://www.co.charlotte.fl.us/clrkinfo/clerk_default.htm
Collier County: http://www.collierclerk.com
Hendry County: http://www.hendryclerk.org

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires colleges and universities across the United States to disclose information about the number of criminal offenses, hate crimes and arrests on and around their campuses. By October of each calendar year, Edison State College compiles a campus security report covering the past three consecutive years. Statistics are collated from monthly reports on file in the Public Safety offices and the various sheriffs’ offices. The Annual Security Report is printed here and is available through the Internet on the Edison State College website: http://www.Edison.edu/facilities/publicsafety.php. 

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 POST SECONDARY EDUCATIONAL INSTITUTIONS; PENALTIES.

1. Any person who accepts the privilege extended by the laws of this state of attendance at any public post secondary 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 post secondary 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, co-conspirators, 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 state licensed 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 post secondary 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 post secondary educational institutions whose students receive state student financial assistance must adopt a written anti hazing 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 post secondary 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 anti hazing 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 post secondary 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 post secondary 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 post secondary 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 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.
   4. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s 775.084 if the property trespasses is a construction site that is:
      1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” or
      2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”  The sign shall be placed at the location on the property where the permits for construction are located.  For construction sites of 1 acre or less as provided in this sub paragraph, it shall not be necessary to give notice by posting as defined in s. 810.011(5).
   5. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
   6. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner:  “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
   7. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
   8. Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775,084.  For purposes of this paragraph, the term “potentially lethal projectile” includes any projectile launched from any firearm, bow, crossbow, or similar tensile device.  This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.
   9. The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner:  “THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
3. As used in this section, the term “authorized person” or “person authorized” means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.                                                                                                                                                                                      

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 post secondary 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 IMMUNODEFICIENCY 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 Vice President of Human Resources.
2. Students should notify either the Dean of Student Services or the 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.
    

College Operating Procedures

DRUG-FREE CAMPUS AND WORKPLACE (College Operating Procedures COP 05-0803)

Guidelines:

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.

Procedures:

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.

Cannabis (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 post secondary 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

SOUTHWEST FLORIDA ADDICTION SERVICES
3763 Evans Avenue
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
Ombudsman and Director of Counseling
Taeni Hall, second floor
(239) 489-9338

CHARLOTTE CAMPUS, Punta Gorda
Associate Dean, Enrollment Management and Student Affairs
(941) 637-5678

COLLIER CAMPUS, Naples
Associate Dean, Enrollment Management and Student Affairs
(239) 732-3953

HENDRY/GLADES CENTER, LaBelle
Coordinator, Student Services
(863) 674-6002

Additional Board of Trustees Policies

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.

Victim support and assistance is available through various support services, both on campus and off campus.  Counseling and medical care should pursued as soon as possible.  The Vice President of Human Resources and the Dean of Student Services are designated to serve as victim advocates.

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 post secondary institution. In accordance with FAC 6A-10.041(3), substitutions granted by Edison State will be honored at any Florida State post secondary 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.

Americans with 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 Director of Human Resources/Assistant General Counsel 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 the ADA Coordinator/Director of Human Resources/Assistant General Counsel, 8099 College Parkway, S.W., Fort Myers, Florida 33919 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 Dean of Student Services, 8099 College Parkway, S.W., Fort Myers, Florida 33919 or by calling (239) 489-9274 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 General Counsel, 8099 College Parkway, S.W., Fort Myers, Florida 33919 or by calling (239) 433-6948 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 or 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 or the Dean for Student Services, 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.