Drug-free Campus And Workplace
(College Operating Procedure 05-0803)
Guidelines:
It is the policy of Florida SouthWestern 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.
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, 489-9294, no later than 24 hours after the arrest or conviction.
Employee Assistance Program
Florida SouthWestern State College recognizes illegal drug use and/or dependency to be a health, safety and security problem. Employees who need assistance with problems related to drug abuse are encouraged to contact the Employee Assistance Program:
Southwest Florida Employment Assistance Programs
3949 Evans Avenue, Suite 202
Ft. Myers, FL 33901
Phone: 239-278-7435
Toll Free: 800-226-7930
Email: swfeap@swfeap.com
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 Statutes) under Section 893.135, Florida Statutes 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
Florida SouthWestern 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
Salus Care, Inc.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:
CHARLOTTE CAMPUS, Punta Gorda
Campus Dean of Student Affairs and Academic Services
(941) 637-5678
COLLIER CAMPUS, Naples
Campus Dean of Student Affairs and Academic Services
(239) 732-3953
HENDRY/GLADES CENTER, Labelle
Assistant Director, Student Services
(863) 674-6002
THOMAS EDISON CAMPUS, Fort Myers
Office of Human Resources
(239) 489-9293
Associate Dean of Student Affairs
(239) 489-9388
Americans With Disabilities (ADA) Act
(College Operating Procedure 05-0104)
Guidelines:
It is the policy of Florida SouthWestern 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, color, national origin, ethnicity, religion, sex, age, marital status, veteran’s status, sexual orientation, genetic information or 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.”
Florida SouthWestern 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, Human Resources as the ADA Coordinator for applicants, employees and students. The Coordinator will oversee and coordinate the College’s efforts to comply with and carry out its responsibilities pertaining to the Act and serve as the contact person for all ADA information, resource policies, procedures and concerns.
Procedures:
1. Request for Accommodation
It is the obligation of the individual with a disability to request a reasonable accommodation. Students should submit their request on the official request form which can be found on the Office of Adaptive Services webpage at http://www.fsw.edu/adaptivesrvices.
Enrolled students must submit any request for accommodations to the Office of Adaptive Services on the Thomas Edison Campus or the contact person for the Office of Adaptive Services on the Charlotte and Collier Campuses and the Hendry/Glades Center which can be found on the Office of Adaptive Services webpage for consideration.
Employees and/or applicants must submit any request for accommodations to the Office of Human Resources. 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 and will be reviewed and processed in order of receipt. The appropriate party will provide a written response.
2. Complaint Resolution
a. 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.
b. Grievance Procedure
Florida SouthWestern 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 complaints should be filed in writing and contain the name and 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.
- A complaint should be filed within 180 calendar days after the complainant becomes aware of the alleged violation.
- An investigation, as may be appropriate, shall follow the filing of the complaint. The investigation shall be conducted by the ADA Coordinator/Director, Human Resources or designee concerning applicant/employee complaints or Assistant Vice President, Student Affairs/Dean of Students concerning student complaints. 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. The ADA Coordinator/Director, Human Resources shall be consulted and shall review any investigation involving a student complaint.
- A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator/Director, Human Resources or designee and a copy will be forwarded to the complainant no later than fifteen (15) working days after its filing.
- Either party may appeal the findings of the investigation to the General Counsel 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. The General Counsel shall issue a written determination regarding the appeal within ten (10) calendar days of receipt of the request.
- The ADA Coordinator shall maintain the files and record complaints filed.
- 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.
All applicant/employee ADA complaints, excluding those filed against the ADA Coordinator, should be addressed to the ADA Coordinator/Director of Human Resources, 8099 College Parkway, Ft. 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 Assistant Vice President, Student Affairs/Dean of Students, 8099 College Parkway, Ft. Myers, Florida, 33919 or by calling 239.489.9388 or call through the Florida Relay Service at 1.800.955.8771 (TTY).
All ADA complaints filed against the ADA Coordinator should be addressed to the General Counsel, 8099 College Parkway, Ft. Myers, Florida, 33919 or by calling 239.433.6948 or call through the Florida Relay Service at 1.800.955.8771 (TTY).
Please Note: For more information regarding the Substitution Policy for Students with Disabilities, please refer to Florida SouthWestern State College Board of Trustees Policy 6Hx6:6.03 or the College Catalog under State Statues and College Policies Affecting Students.
Board of Trustees Policies
Policy Regarding Students With Human Immunodeficiency Virus (HIV)
(Florida SouthWestern State College Board of Trustees Policy 6Hx6:6.02)
The following guidelines are established regarding students with Human Immunodeficiency Virus (HIV):
- DEFINITION: For purposes of this policy, a student with HIV falls into one of the following categories:
- An individual who tests positive for HIV antibody but who has no symptom manifestations, or
- An individual who is diagnosed as having Acquired Immune Deficiency Syndrome (AIDS)-displaying one or more opportunistic infections.
- 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.
- Both the Federal Vocational Rehabilitation Act of 1973 and the Florida Educational Equity Act prohibit discrimination against disabled persons, and students with HIV are classified as disabled.
- Precautions will be provided to students in Health Professions Programs and science laboratory classes.
- Any student who reveals that he/she has HIV will be afforded confidentiality in accordance with appropriate statute and state law.
- ADMISSIONS: No student will be denied admission to the College solely on the basis that he/she has HIV.
- The College will not require a student to reveal whether or not he/she has HIV when applying for admission to the College.
- Furthermore, the College will not require serological testing to determine if a student seeking admission has HIV.
- ATTENDANCE, WITHDRAWAL, AND/OR SUSPENSIONS: Under most circumstances, no student will be required to cease class attendance solely on the basis of having HIV.
- 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). Any student wishing to request special accommodations should contact the Chief Student Affairs Office at any campus.
- The College will not impose any rule(s) or restrictions 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.
- 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 Policy
(Florida SouthWestern State College Board of Trustees Policy 6Hx6:2.03)
Florida SouthWestern State College is committed to providing an educational and working environment free from discrimination or harassment based on such factors as race, color, sex, age, religion, national origin, ethnicity, disability, sexual orientation, genetic information, marital status, or veteran’s status. Florida SouthWestern State College, as a matter of policy and in compliance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Florida Civil Rights Act of 1992 for employees, 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 Florida SouthWestern 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 an 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.
Florida SouthWestern 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. Discrimination or harassment complaints or concerns may be reported to the designated Equity Officer. Additionally, employees should notify their immediate supervisor; the Director, Human Resources; or the General Counsel. Students should notify either the Dean of Students or the Director, 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 in accordance with College Operating Procedure 05-0102, Discrimination and Harassment Complaint Procedure. The College will protect the confidentiality of the persons involved to the extent possible.
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 offenses and the resulting severity of the action to be taken. In such cases, the President will recommend appropriate action to the District Board of Trustees following the completion of the investigation and the communication of the President’s position to the individuals involved. Claims of discrimination or harassment made against a student may be referred to the Chief Student Affairs Officer for Student Code of Conduct consideration. Results of the Student Code of Conduct process 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 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
(Florida SouthWestern State College Board of Trustees Policy 6Hx6:2.04)
It is the policy of Florida SouthWestern 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.
- 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.
Campus Violence Prevention Policy
(Florida SouthWestern State College Board of Trustees Policy 6Hx6:2.07)
Florida SouthWestern 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. Florida SouthWestern 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 on 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 Department of 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.
- ASSISTANCE
Generally, the Department 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 Department of Public Safety will notify the appropriate campus administrator, or designee.
- 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.
- 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.
- 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 the Department of 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 be pursued as soon as possible. The Director, Human Resources and the College Ombudsperson are designated to serve as victim advocates.
Substitution Policy For Students With Disabilities
(Florida SouthWestern State College Board of Trustees Policy 6Hx6:6.03)
- 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.
- 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.
- 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 Registrar, in consultation with the appropriate academic dean and the Director of the Office of Adaptive Services will consider reasonable substitutions appropriate for each Individual student.
- Substitution Decision: The decision will be communicated in writing by the Registrar to the student and the Director of the Office of Adaptive Services.
- Articulation: Florida SouthWestern 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 Florida SouthWestern 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.
- Student Appeal: A student may appeal a denial of the substitution request(s) or determination of ineligibility in writing to the Provost and Vice President for Academic Affairs, who shall make the final decision. The appeal must be filed within 21 days of receipt of the written denial by the Registrar. Any decision of the Provost and Vice President for Academic Affairs 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.
- Records: The Registrar and the Director, Adaptive Services 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.
State Statutes And College Policies Affecting Students
(See also Student Information and Policies .) The following Florida Statutes, District Board of Trustee Policies, and College Operating Procedures affect students at Florida SouthWestern State College. For the benefit of all students, adherence to these laws is expected. Any questions concerning these statutes and policies may be directed to the Chief Student Affairs Officer on any Florida SouthWestern State College campus.
Florida Statutes
Florida Statute Section 1006.61
PARTICIPATION BY STUDENTS IN DISRUPTIVE ACTIVITIES AT PUBLIC POST SECONDARY EDUCATIONAL INSTITUTIONS; PENALTIES
- Any person who accepts the privilege extended by the laws of this state of attendance at any public postsecondary educational institution shall, by attending such institution, be deemed to have given his or her consent to the policies of that institution, the State Board of Education, and the Board of Governors regarding the State University System, and the laws of this state. Such policies shall include prohibition against disruptive activities at public postsecondary educational institutions.
- 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 STUDENT OF FLORIDA COLLEGE SYSTEM INSTITUTIONS AND STATE UNIVERSITIES
- Each student in a Florida College System institution 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, the Board of Governors regarding the State University System, or the board of trustees of the institution.
- Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the institution’s authorities.
- Each president of a Florida College System institution 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, the Board of Governors regarding the State University System, or the board of trustees of the institution. A student may be entitled to waiver of expulsion:
- If the student provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals or of any other person engaged in violations of chapter 893 within a state university or Florida College System institution;
- If the student voluntarily discloses his or her violations of chapter 893 prior to his or her arrest; or
- 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
- 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 purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
- 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.
- 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.
- 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.
- It is not a defense to a charge of hazing that:
- The consent of the victim had been obtained;
- 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
- The conduct or activity that resulted in death or injury of the person was not done as a condition of membership to an organization.
- This section shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode.
- Public and nonpublic postsecondary educational institutions whose students receive state student financial assistance must adopt a written antihazing policy and under such policy must adopt rules prohibiting students or other persons associated with any student organization from engaging in hazing.
- Public and nonpublic postsecondary educational institutions must provide a program for the enforcement of such rules and must adopt appropriate penalties for violations of such rules, to be administered by the person at the institution responsible for the sanctioning of such organizations.
- Such penalties at Florida College System institutions 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.
- In the case of an organization at a Florida College System institution 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.
- 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.
- Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.
- Upon approval of the antihazing policy of a Florida College System institution 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 bylaws of every organization operating under the sanction of the institution.
Florida Statute Section 1006.69
VACCINATION AGAINST MENINGOCOCCAL MENINGITIS AND HEPATITIS B
- A postsecondary educational institution shall provide detailed information concerning the risks associated with meningococcal meningitis and hepatitis B and the availability, effectiveness, and known contraindications of any required or recommended vaccine to every student, or to the student’s parent if the student is a minor, who has been accepted for admission.
- An individual enrolled in a postsecondary educational institution who will be residing in on campus housing shall provide documentation of vaccinations against meningococcal meningitis and hepatitis B unless the individual, if the individual is 18 years of age or older, or the individual’s parent, if the individual is a minor, declines the vaccinations by signing a separate waiver for each of these vaccines, provided by the institution, acknowledging receipt and review of the information provided.
- This section does not require any postsecondary educational institution to provide or pay for vaccinations against meningococcal meningitis and hepatitis B.
Meningitis is a serious disease that affects the brain and spinal cord. Because bacterial meningitis is a grave illness and can rapidly progress to death, it requires early diagnosis and treatment. This is often difficult because the symptoms closely resemble those of the flu and the highest incidence occurs during late winter and early spring (flu season). When not fatal, bacterial meningitis can lead to permanent disabilities such as hearing loss, brain damage or loss of limbs.
Hepatitis B is a serious infectious disease caused by a virus that attacks the liver. The hepatitis B virus (HBV) can cause life-long infection that leads to cirrhosis (scarring) of the liver, liver cancer, or liver failure. There is no cure for hepatitis B, but the infection can be prevented by vaccination. Each year, about 200,000 people are infected with the virus and 5,000 people die.
Although there have been no reported cases of meningitis or hepatitis B at our College in recent years, we are taking the proactive step towards informing and protecting our students.
Florida Statute Section 810.08
TRESPASS IN STRUCTURE OR CONVEYANCE:
- 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.
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- 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.
- 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.
- 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.
- 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
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- A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
- 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
- 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.
Florida Statute Section 810.095
TRESPASS ON SCHOOL PROPERTY WITH FIREARM OR OTHER WEAPON PROHIBITED
- 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.
- As used in this section, “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
Florida Statute Section 877.13
EDUCATIONAL INSTITUTIONS OR SCHOOL BOARDS; PENALTY FOR DISRUPTION
- It is unlawful for any person:
- 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.
- 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.
- Knowingly to interfere with the attendance of any other school pupil or school employee in a school or classroom.
- 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.
- 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.
- 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.
Student Affairs And Enrollment Management
In support of the academic mission of the college, the division of Student Affairs and Enrollment Management provides services and programs to help students perform academically to the best of their abilities.
Academic Advising
Academic Advising is an integral part of a student’s success at Florida SouthWestern State College. The mission of Academic Advising Services is to provide students with information, guidance, and support as they develop educational goals. Our commitment is to help students develop and understand the benefit of an education plan, to think logically and analytically, to communicate effectively, to seek and evaluate information, and to act with sound judgment to reach goals in a timely manner. Prior to enrollment in the first term, degree-seeking students are required to meet with an Academic Advisor as part of the enrollment process.
As a result of participation in Academic Advising, students will be able to demonstrate the following competencies:
- Locate information about College policies and procedures regarding registration, academic standing, and student conduct.
- Access and run an online degree audit and be able to interpret the information about progress to degree completion.
- Be familiar with the FSW Portal account and be able to use the Portal features.
- Access and run an online degree audit and develop a comprehensive academic plan for achievement of educational goals including a timeline for graduation.
- Know where and how to access appropriate resources and support services to accommodate their unique needs.
Academic Advising is available by appointment or on a walk-in basis. Students are encouraged to meet with an Academic Advisor early in the semester to review educational goals, plans, and options each term.
Office of Adaptive Services
It is the mission of the Office of Adaptive Services (OAS) to focus on the abilities of each student while empowering the student with the tools necessary to become self-assured and effective learners, strong problem solvers and successful members of our academic community.
Florida SouthWestern State College offers students with documented disabilities programs to equalize access to the educational process. The Office of Adaptive Services, provides support services in the provision of educational accommodations to self-identifying students. Documented students needing accommodations and modifications are provided appropriate direct services such as note taking, test proctoring, and scribing. The program also facilitates provision of alternative format texts and provides alternative testing environments for qualifying students.
Office of Admissions
The staff members in the Admissions Office provide prospective students, applicants and members of the community with guidance to complete the admissions process. Admissions requirements, policies and procedures are outlined within the College Catalog.
Career Services
Career Services provides resources to assist Florida SouthWestern State College students who are uncertain about their majors. Free assessments help students select a major based on their interests and personality. Assistance is also provided for resume and cover-letter writing and interviewing techniques. Students may also learn about job descriptions and educational requirements for thousands of occupations. In addition, students may register for the Florida SouthWestern State College JobNet, where they can view hundreds of area jobs and career listings and can post resumes for participating employers.
Counseling Services
Students experience a great many stresses in their lives including sorting out one’s identity, establishing and maintaining relationships, coping with anxiety and depression, dealing with losses, handling academic demands and financial issues. To help with these tasks, Counseling Services provides a variety of free and confidential services including consultation, on-campus short-term counseling, and off campus outreach programs that are designed to help students overcome challenges that occur while trying to meet their intellectual, interpersonal, and developmental goals. Personal counseling is an opportunity for the student to learn how to be more capable at resolving personal and/or academic issues.
New Student Orientation
New student orientation is required for all first time in college students. Orientation helps students prepare for the transition into college life and provides an introduction to the programs and services available through Florida SouthWestern State College. New student orientation sessions are scheduled at each FSW location and registration is required.
New student orientation features academic and social components to include:
- Connecting with students, faculty, staff and College resources; learning what is expected of you as a student and finding the support you may need.
- Academic advising, first-semester schedule planning, and course registration.
- Financial aid and scholarship information.
- Navigating the student portal technology resources, and campus facilities.
- Clubs and organizations, student activities, and first year experience initiatives.
Ombudsperson
The mission of the Student Ombudsperson is to provide to all students an accessible, independent, impartial, and confidential resource for the expeditious resolution of problems. The Ombudsperson serves in the capacity as an advocate for fairness of outcomes. In seeking to prevent problems as well as to respond to them, the Ombudsperson acts as an agent of change by continuously evaluating established processes and procedures intended to address issues pertaining to student satisfaction, programs, and services. The Ombudsperson is the Assistant Vice President of Student Affairs and Dean of Students.
Residential Life and Housing
Florida SouthWestern State College offers students the opportunity to live on campus. The LightHouse Commons is a 405-bed facility featuring apartments for students to live where they learn. The LightHouse Commons blends quality housing and luxury student-centered amenities with on-campus convenience. Each suite features a kitchenette and living area shared by roommates. Student residents will have a private bedroom with electric, water, cable/Internet and access to resident amenities included at no extra charge.
The mission of Residential Life and Housing is to create a supportive, safe, an engaging residential community which enables students to foster their personal development and academic success.
The goals of the program include:
- Service: We will strive to exceed the expectations of our students, colleagues, and community.
- Leadership: We will aid in the development of future leaders within our campus and community.
- Collaboration: We will work to develop rich, meaningful relationships with campus and community partners.
- Engagement: We will challenge our students to be engaged in all aspects of college life.
- Diversity: We will recognize, celebrate, and embrace the differences that exists within our community.
For more information, please visit the Housing webpage.
Student Email
Florida SouthWestern State has designated email as the official method of communication with students regarding topics of an academic or administrative nature. The College will assign an email account to each student and expects students to be responsible for all information sent to them via their College email account.
Student Life and Activities
Student life is an important facet of the Florida SouthWestern State College experience. In keeping with this philosophy, Student Life sponsors a variety of academic, cultural, social, and recreational activities and events at Florida SouthWestern State College. These activities are designed to provide a more enjoyable and multifaceted campus experience. To find more information on student activities and programs, see Florida SouthWestern State’s online calendar, the Portal calendar page, or contact the Student Life office on your campus.
Student Government Association and Student Representation
The Student Government Association (SGA) is the students’ voice at Florida SouthWestern State College. There is a Student Government Association at each FSW location and a College Wide SGA. The SGA serves:
- To provide a means whereby members of the student body may express themselves.
- To provide leadership in coordination of activities of the student body for the benefit of the entire College.
- To act as a service organization for Florida SouthWestern State College.
The SGA is made up of club-appointed Representatives and elected Senators who coordinate event service projects and follow through on student issues. Representatives confer with their Advisor on matters of student interest and concern and promote the general welfare of the student body. All qualified students, including upper-level students, are invited to participate in SGA by attending meetings and running for office. Students are free, individually and collectively, to express their views on issues of College policy and on matters of general interest to the student body. The Student Government Association provides a means for participation in the formulation and application of College policy affecting academic and student affairs with the assistance of the SGA Advisor and the Director of Student Life. Proposals for changes in policy, regulations and procedures that affect the student body as a whole are to be directed through the SGA and its Advisor or the Director of Student Life.
The right of assembly for students is recognized, providing that student gatherings do not disrupt or interfere with the orderly educational operation of the institution. Such assembly must be in compliance with Florida Statutes and College policies and procedures.
Student Identification (BUC Card Student ID)
The BUC Card (Student ID) is available to all students. Students should carry their BUC Cards with them at all times. Not only is the BUC Card required at the library and in various academic computer laboratories, but it also serves as a valid photo ID when student verification is required at the Admissions, Academic Advising, Financial Aid, and Registration counters, at the Testing Center prior to testing, and when selling textbooks back to the Bookstore. Please keep in mind, the BUC Card will be required for any Bookstore purchases with excess financial aid funds. Connect BUC$ (campus wide declining balance account) will also be accessed via the BUC Card. In addition, the BUC Card may qualify students for discounts in area theatres and businesses.
Student Organizations
Club activities at Florida SouthWestern State College provide a variety of opportunities for students to participate in the college community outside the classroom. For more information, contact the Student Life office on your campus.
Organizing a Club
Students are encouraged to join clubs and to organize associations at Florida SouthWestern for educational, political, social, religious or cultural purposes, as long as they are in keeping with the philosophy and objectives of the College. The College procedure for organizing a campus club is as follows:
- Secure a Petition for Organization from the Student Life office on your campus.
- Submit the completed Petition to the Student Life office. The Petition should include a list of prospective members, a constitution and by-laws, a sponsor and any other information that may be relevant according to the College Catalog.
- Following approval by the Student Government Association and Student Life, Student Life will inform the new club of its status and offer support as the club develops.
Student Participation in Decision Making
Florida SouthWestern State College promotes student participation in the decision-making process of the College through a number of mechanisms. These include but are not limited to representation on the Curriculum Committee, student surveys, screening committees, AS Program Committees, student focus groups, Student Government Association (SGA) and various clubs and organizations.
Student Support Services Program
The Student Support Services Program is funded by the U.S. Department of Education. This program is designed for students whose parents did not graduate from a four-year college/university and whose family income may hinder them from remaining in college without financial assistance. A potential Student Support Services student must be enrolled at Florida SouthWestern State, have a demonstrated academic need, be pursuing an AA degree and planning to complete a bachelor’s degree. The student must be a citizen or a permanent resident of the U.S. or a permanent resident of a territory of the U.S.
Student Support Services assists selected, qualified participants with the following:
- Course and transfer advisement
- Scholarships for limited income participants
- Tuition fee exemptions for peer mentors
- Cultural and educational activities
- Workshops on relevant topics
- Computer skills lab
- Peer mentoring program
- Math and English tutoring services
- Career exploration
- Enrichment program
Testing Services
The Testing Centers provide testing services for students at each of the four locations: Charlotte, Collier, Hendry/ Glades, and Thomas Edison (Lee) locations. Testing is a critical part of student progression, and it is the mission of each Testing Center to provide a comfortable, secure testing site in order to facilitate this progression.
The following testing services are provided by Florida SouthWestern State College. Check each location for testing services offered and hours of operation:
Common Placement Testing is used to determine placement in English, mathematics, and reading courses. Florida SouthWestern State College follows State Rule 6A-10.0315 concerning placement testing. For more information, visit the Placement Testing Information page at http://www.fsw.edu/testing/placement.
English for Academic Purposes (EAP) test is used to determine placement for students whose native language is not English or who have not graduated from a U.S. high school. Students may be required to take the English proficiency test before common placement testing is administered. For more information visit the English for Academic Purposes webpage.
College-Level Examination Program (CLEP) is the most widely accepted credit-by-examination program. More than 2,900 accredited institutions of higher education award credit for satisfactory scores on CLEP exams. There are 33 examinations and all are available at Florida SouthWestern State College. Florida SouthWestern does not award credit for all available exams.
FSW Online (Distance) Testing Services are available on all campuses and at the Hendry/Glades Center. Testing locations, hours, and procedures as well as testing services offered can be found on the Proctored Exam Services webpage.
HESI is a standardized examination used nationally by nursing schools to assess college level knowledge in the areas of biology, anatomy, physiology, math, vocabulary, reading, and grammar. This exam score is one of the three categories used to compute admissions scores for the Entry Level Nursing Program and the Advanced Placement Nursing Program.
Pearson VUE Authorized Test Centers are third-party testing facilities which provide on-site testing for certification and professional licensure exams. Pearson VUE provides a full suite of services from test development to data management and delivers exams through the world’s most comprehensive and secure network of test centers in more than 175 countries.
Florida SouthWestern State College is an authorized Pearson VUE Test Center. Pearson VUE testing is available at the Thomas Edison (Lee) Campus Testing Center located in Fort Myers. FSW’s Thomas Edison Campus Testing is authorized to deliver all Information Technology exams for Pearson VUE.
Students may obtain additional information concerning testing and types of tests offered at each location by contacting one of the Testing Centers. Contact information can be found at http://www.fsw.edu/testing.
Upward Bound
The Upward Bound Program, established at Florida SouthWestern State College in 1999, is a grant program funded by the U.S. Department of Education. Upward Bound is designed to provide a comprehensive academic guidance and skills development program to selected eligible students from five target high schools in Lee County (Lehigh Senior High, Fort Myers High, East Lee County High, Riverdale High, and Dunbar High School). It is an intensive program that requires participants to attend monthly meetings at the Thomas Edison Campus during the academic year, weekly tutoring as needed, and a six-week summer school program.
To participate in the program, students must meet eligibility requirements to include: being a U.S. citizen or permanent resident; being from a low-income household as established by the federal government; and/or being a potential first generation college student. Students are selected as ninth or tenth graders and must make a commitment to stay with the program until they enter into a post-secondary educational program.
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