Student Rights and Responsibilities

Student Records Disclosure

The Family Educational Rights and Privacy act of 1974 (FERPA) affords eligible students certain rights with respect to their education records. (An "eligible student" under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

1. The right to inspect and review the student's education records within 45 days of the day Yavapai College receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) they wish to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.

A student who wishes to ask the College to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The College discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the College who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Yavapai College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

FERPA permits the disclosure of PII from students' education records, without consent of the student, if the disclosure meets certain conditions found in 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issues subpoenas, disclosures of directory information, and disclosures to the student, 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student-

• To other school officials, including teachers, with the College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in 99.31 (a)(1)(i)(B)(1)-(a)(1)(i)(B)(2) are met. (99.31(a)(1))
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for the purposes related to the student's enrollment or transfer, subject to the requirements of 99.34. (99.31(a)(2))
• To authorized representatives of the U.S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university's State-supported education programs. Disclosures under this provision may be made, subject to the requirements of 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (99.31(a)(4)
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. ((99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to 99.36. (99.31(a)(10))
• Information the school has designated as "directory information" under 99.37. (99.31(a) (11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.(99.31(a)(13))
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school's rules or policies with respect to the allegation made against him or her. (99.31(a)(14))
• To the parents of any student regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (99.31(a)(15))

Family Compliance Office
U.S. Department of Education
400 Maryland AVE S.W.
Washington, DC 20202-5901

Directory Information

In compliance with FERPA, Yavapai College designates the following personally identifiable information about a student as directory information. Unless restricted by a student, directory information may be released to the public without the prior consent of the student. The student may request a privacy hold ("confidentiality hold") in person or in writing through Enrollment Services. These requests remain in effect until revoked in person or in writing. Directory information includes: name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of athletic team members, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended, photographs, email address, and grade level.

Code of Conduct

Yavapai College strives to create an atmosphere which supports the academic mission of the institution. Students should be able to learn in an environment which is orderly, peaceful, and free of disturbances. Respect for the rights of others and for the college and its property are essential expectations for each Yavapai College student. The purpose of the Code of Conduct is to outline behavioral expectations, and to provide an explanation of the process involved for responding to allegations of student misconduct. The policies and protocols for preventing, reporting and adjudicating incidents of Sexual Misconduct, Sexual Violence and Stalking are all outlined in the Code of Conduct. Students are responsible for understanding and following the Code of Conduct.

Title IX -Sexual Misconduct

Yavapai College does not deny or limit any student or employee the ability to participate in or benefit from any program offered by the institution on the basis of sex or gender. Sexual harassment, which includes acts of sexual violence such as rape, sexual assault, sexual battery, sexual coercion, unwanted touching, dating/relationship violence and stalking, are forms of gender-based discrimination prohibited by Title IX.

Sexual harassment is conduct that:

• Is unwelcome
• Is based on sex or gender
• Is severe or pervasive enough to interfere with an individual's campus employment, academic performance or performance in college programs and activities
• Creates an intimidating, hostile or offensive working or learning environment

The college encourages students and employees to report incidents of sexual misconduct as soon as possible to the Title IX Coordinator or to a Deputy Title IX Coordinator. Contact information for Coordinators can be found on the Sexual Misconduct Resources and Policy webpage: www.yc.edu/v5content/student-services/sexualmisconduct.htm.  Additionally, this webpage includes the college's Sexual Misconduct Policy.

Harrassment

Yavapai College maintains a Zero Tolerance policy for unlawful or discriminatory harassment. The College is committed to creating a harassment free environment for all employees and students. Necessary action will be taken to prevent, correct, and if needed, discipline persons whose behavior violates this policy. Disciplinary action may result in measures up to and including termination of employment or expulsion from enrollment.

Academic Integrity

Honesty in academic work is a central element of the learning environment. The presentation of another individual's work as one's own or the act of seeking unfair academic advantage through cheating, plagiarism or other dishonest means are violations of the College's "Code of Conduct." Failure to abide by the terms and conditions of the "Code of Conduct" will result in disciplinary action, up to and including dismissal from the College.

Plagiarism

Plagiarism is defined as submitting any academic work which is not entirely the work of the student, deliberately or accidentally. This can include, but is not limited to, such practices as not giving proper credit to a source, expanding someone else's work without giving proper credit, adopting another's work as one's own (including the copying of print or electronic media), directly using someone else's ideas without giving proper credit, and deliberately changing selective words to misrepresent someone else's work as one's own.

Cheating

Cheating is defined as submitting assignments, examinations, or other work which is based on deception or misrepresentation of the individual's own work. Cheating includes the furnishing of materials to another person for purposes of aiding that person to gain unfair academic advantage.

Violation of Copyright

The unauthorized reproduction or use of copyrighted material, whether print or electronic media, is unacceptable and considered an act of academic dishonesty. In addition, the violator may be subject to legal penalty since such practice is illegal.

Penalties

The following penalties may be applied in instances of misconduct (e.g. academic dishonesty, unacceptable behavior in the learning environment, or disrespectful communication):

1. Removal from Class: an instructor may dismiss a student from a class meeting or learning environment for misconduct. This action shall be immediately reported to the supervising instructional Dean. The student must confer with the instructor and the supervising instructional Dean before being readmitted to class. In extreme cases, the student may be dropped from class.
2. A grade of "F" (failure) may be awarded for the assignment or activity in which misconduct occurred or for the entire course regardless of the length of time the student has been in attendance. The grade of "F" will override or supersede any student-initiated withdrawal from the course.
3. Referral to the Code of Conduct Judicial System: if the student's conduct is deemed in need of action beyond academic recourse by the supervising instructional Dean, the student will be referred to the college judicial system. Sanctions may include suspension, expulsion, and/or revocation of degree and/or certificate. Once the case has been referred to the College judicial process, procedures for appeals will follow the guidelines provided in Section 2-3.
4. Legal measures may be taken by Yavapai College, including referral to law enforcement or civil action.

Tobacco Use Policy

Yavapai College is committed to limiting exposure to the harmful effects of primary and secondary smoke to campus students, visitors, and employees. In order to reduce the harmful effects of tobacco use and to maintain a healthful working and learning environment, the College prohibits smoking, including vaping, on all campuses except in designated smoking areas as per the Smoking & Tobacco Use Policy (5.35).

Non-Academic Complaints

The Yavapai College process for non-academic complaints is to be used for issues other than disciplinary or academic matters and provides students protection against unwarranted infringement of their rights. A non-academic student complaint may concern an alleged violation of college policies, infringement of student rights, and other such problems dealing with students, college staff and faculty, and authorized college activities.

The following procedures will be followed to insure an appropriate resolution of a student nonacademic complaint at the lowest possible level:

1. The student will attempt to rectify the complaint with the person or party directly involved in the alleged violation within ten (10) college business days. For the purpose of this policy, a "business day" shall be a weekday during which regular classes are being held at the college. Every effort will be made to resolve the complaint at the lowest possible level.
2. Where resolution is impossible or unsatisfactory to either party, the student should appeal to the appropriate supervisor within ten (10) college business days. The supervisor will informally discuss the matter with the student in an effort to resolve the complaint.
3. If the student feels the complaint has not been resolved, they may submit a written complaint to the Dean of Student Services within ten (10) college working days from the time the complaint was filed at the previous level. The Dean will work with all parties involved to mediate the complaint in a timely manner. In order to mediate the complaint, the Dean may engage faculty or staff members relevant to the complaint in an informal discussion. The decision of the Dean of Student Services regarding a non-academic complaint is final.

Drug Free Environment Policy

Yavapai College's policy is to provide an environment free of drugs and alcohol. The use of illegal drugs and the abuse of alcohol pose significant threats to health and can be detrimental to the physical, psychological, and social well-being of the user and the entire Yavapai College community.

Yavapai College has a responsibility as part of its educational mission to provide students, faculty, and staff with knowledge about the dangers of substance abuse and to help them develop a healthy approach to life. We intend to create and sustain an atmosphere that promotes healthy lifestyles free from the abuse of alcohol and other drugs.

To address the serious nature of alcohol and drug use at Yavapai College and in keeping with the Drug-Free Schools and Communities Act, Yavapai College has adopted a Drug-Free Workplace Policy. The policy prohibits the unlawful possession, use, or distribution of drugs and alcohol by students and employees.

Information regarding: 1) the laws governing the distribution, use and possession of drugs and alcohol; 2) the health risks associated with substance abuse, and; 3) education and prevention services and programs may be found in the Clery Report at: https://www.yc.edu/v5content/college-police/docs/clery.htm. The Clery Report is released each October for the previous 12 months, and is compiled by the Yavapai College Police Department.

College Photo and Videotape Policy

Yavapai College takes photos and videotapes of students throughout the year. These photographs often include students in classrooms, study areas, residence halls, athletic events and so forth. Yavapai College reserves the right to use these photographs as part of its publicity and marketing efforts. Students who enroll at Yavapai College do so with the understanding that these photographs might include them and might be used in college publications and for publicity.

Acceptable Use

Yavapai College technological equipment and resources must be used in accordance with the Technology Resource Standards (5.27), Copyright Use (2.28) and Peer-to-Peer (P2P) File Sharing (5.26) policies.  Use of Yavapai College equipment and resources to illegally copy, download, access, print or store copyrighted material or download pornographic material is strictly prohibited. For example, file swapping of copyrighted material, such as music or movies is strictly prohibited. Users found to violate this policy will have their privileges to use Yavapai College technological equipment and resources revoked.

Academic Requirements

The college has established academic requirements which must be met before a degree or certificate is granted. Faculty, Deans, Academic Advisors and other Staff are available to help the student understand and meet these requirements, but the student is responsible for fulfilling them. At the end of a student's course of study, if requirements for graduation have not been satisfied, the degree or certificate will not be granted. For this reason, it is important for the student to be acquainted with all requirements, to remain currently informed of all requirements and to be responsible for completing the requirements. Courses, programs, and requirements described in the catalog may be suspended, deleted, restricted, supplemented or changed at any time at the discretion of the Yavapai College District Governing Board.