The Governing Board of Maricopa County Community College District has vested the Chancellor of this District and his/her designee with the power and authority to establish standard professional conduct, rules, regulations, terms, and conditions of employment which are not in conflict with state or federal statutes and/or employee policy manuals.

Many of the policies described in this section of the handbook are published in full online. To view or download the current Blue Book,
visit http://www.maricopa.edu/publicstewardship/resources/bb.php

Abuse-Free Environment

  1. Substance Abuse/Misuse Statement
    Drug abuse and misuse has become a national issue and is receiving national attention, particularly in the academic community. The insidious effects of the abuse of these agents are also felt by all walks of life and economic levels. Therefore, as an education providing institution, we are responsible to provide knowledge and guidelines about prevention, control, and treatment of the abuse/misuse of alcohol, illegal and legal drug uses and misuses.This policy statement has been constructed on the belief that higher education has a responsibility to face safety and health factors of substance abuse/misuse issues forthrightly and innovatively. We believe that the community college needs to adapt programs applicable to their community as well as to our individual student’s needs. The policy statements should be comprehensive, understood by those expected to comply, realistic and enforceable, consistently applied, and cover foreseeable dangers.Construction of this statement has been founded on concerns of individual safety, educational quality, and legal liability. It is recognized that each individual is responsible for his/her actions and must be afforded an opportunity to develop knowledge, skills and talent, and be willing to share community responsibilities. The Maricopa Community College District has an equal “duty to care” responsibility and a commitment to substance abuse/misuse education for all students and employees.The Maricopa Community College District shall:

    1. Visibly demonstrate a performance of the Maricopa Community College District “duty to care”.
    2. Comply with requirements for federal funds.
    3. Describe what the college does about substance abuse/misuse (alcohol, drugs, anabolic steroids).
    4. Inform/educate members of the academic community of adverse effects of these substances.
    5. Inform/educate the academic community about the policies concerning substance misuse and abuse.
    6. Discourage illegal drug abuse and legal substance misuse.
    7. Provide individual and group counseling.
    8. Provide assistance and guidance to obtain treatment and rehabilitation of any identified problem.

To achieve these objectives, the program must provide an environment capable of:

  1. Developing and implementing substance misuse/abuse prevention programs.
  2. Providing educational training and prevention programs for the college and community it serves.
  3. Providing timely and accurate information dissemination.
  4. Establishing supportive counseling programs as needed.
  5. Establishing a strong on-going evaluation of services.
  6. Providing assistance to obtain treatment and rehabilitation of substance abuse/misuse.
  7. Clarifying the college regulations for control of alcohol and drug use.
  8. Providing procedures that the college will follow to correct and stabilize emergency situations.

Each college will identify key people to provide emergency services and to contact and work with outside agencies.

The Maricopa Community College District is committed to establishing a preventative substance abuse program at each college designed to affect positively the problems of irresponsible use of alcohol and the use and abuse of illegal substances. A main focus of the program will be on education of the campus community and assistance to individuals.

The Maricopa Community College District fully supports disciplinary action for misconduct and the enforcement of state laws governing the use of alcohol and the use, abuse, possession or distribution ofcontrolled substances or illegal drugs.

  1. Student Program to Prevent Illicit Use of Drugs and Abuse of Alcohol
    1. Introduction and Purpose

    The Federal Drug-Free Schools and Communities Act of 1989 (Public Law 101-226) requires federal contractors and grantees to certify that they will provide a drug-free school. As a recipient of federal grants, the District must adopt a program toward accomplishing this goal. While federal legislation has been the impetus for creation of the program, the administration and Governing Board recognize that substance abuse is a problem of national proportions that also affect students at the Maricopa Community Colleges. Based upon that concern, it is intended that this program on prevention of alcohol and drug abuse on college campuses will go beyond the strict dictates of the law and will serve as a comprehensive educational and resource tool.

    The Maricopa Community Colleges are committed to maintaining learning environments that enhance the full benefits of a student’s educational experience. The Maricopa County Community College District will make every effort to provide students with optimal conditions for learning that are free of the problems associated with the unauthorized use and abuse of alcohol and drugs. Part of the educational mission of the Maricopa Community Colleges, in conjunction with this program, is to educate students about positive self-development, the benefits of a healthy lifestyle and the health risks associated with substance abuse.

    The purpose of this program is to:

    1. Ensure that the Maricopa Community Colleges working and learning environment for students and the public is safe, orderly and free of illegal activity.
    2. Comply with the Drug-Free School and Communities Act of 1989, and other relevant substance abuse laws.
    3. Provide students with access to appropriate treatment and rehabilitation assistance for problems associated with substance use or abuse.
  1. Standards of ConductIn the student handbooks of the Maricopa Community Colleges under codes of conduct, the following are examples of behavior that is prohibited by law and/or college rules and policies:
    1. Drinking or possession of alcoholic beverages on the college campus.
    2. Misuse of narcotics or drugs.
  2. Sanctions for Violation of Standards of Conduct
    Disciplinary actions include, but are not limited to:

    1. Warning,
    2. Loss of privileges,
    3. Suspension, or
    4. Expulsion.
  3. Legal Consequences of Alcohol and Other Drugs
    1. Laws Governing Alcohol
      The State of Arizona sets twenty-one as the “legal drinking age”. An underage person who buys, receives, possesses or consumes alcoholic beverages is guilty of a misdemeanor and may be subject to a fine and imprisonment for up to six months.Arizona Revised Statutes, Title 28, Chapter 4, Article 3 prohibit driving while under the influence of intoxicating liquor or drugs (DWI). Drivers arrested for a DWI who refuse to be tested face suspension of their licenses or permits to drive for twelve months. A driver whose test results show a blood or breath alcohol concentration of 0.08 or more will, on conviction for a first offense, be sentenced to no less than ten days in jail, pay a fine of not less than $250, pay an additional assessment of $1,000, and may be required to perform community restitution and equip his or her vehicle with a certified ignition interlock device. On conviction of a second offense within 84 months, the person shall have his/her driving privilege revoked for one year. Additionally, this person shall be sentenced to not less than 90 days in jail, pay a fine of not less than $500, pay an assessment of $2,500, and shall be ordered to perform at least 30 hours of community restitution. Additionally, the person may be required to equip his or her vehicle with a certified ignition interlock device for up to twelve months starting on the date that his or her driving privileges are restored.
    2. Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
      1. First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both. (21 United States Code §844)
      2. After one prior drug conviction: At least fifteen days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both. (21 United States Code §844)
      3. After two or more prior drug convictions: At least ninety days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both. (21 United States Code §844)
      4. Special sentencing provisions for possession of crack cocaine (21 United States Code §844):
        1. Mandatory at least five years in prison, not to exceed twenty years and fined up to $250,000, or both, if:
          1. First conviction and the amount of crack possessed exceeds five grams.
          2. Second conviction and the amount of crack possessed exceeds three grams.
          3. Third or subsequent crack conviction and the amount of crack possessed exceeds one gram.
        2. Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack) (21 United States Code §853)
        3. Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. (21 United States Code §§853 and 881(a)(4))
        4. Civil fine of up to $10,000 (pending adoption of final regulations). (21 United States Code §884(a))
        5. Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses. (21 United States Code §862)
        6. Ineligible to receive or purchase a firearm. (21 United States Code §922(g))
        7. Miscellaneous: Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.Note: These are only some of the Federal penalties and sanctions.
    3. State Penalties and SanctionsTitle Thirteen, Chapter 34 of the Arizona Revised Statutes lists drug offenses and their penalties. Following is list of drugs that are frequently misused with a description of the potential penalties attached to a conviction.
      1. Marijuana: A first offense for possession or use of marijuana in an amount of less than two pounds constitutes a class 6 felony and carries a possible prison term of one year and a fine of not less than $750. The sale of marijuana in an amount of less than two pounds constitutes a class 3 felony and carries a prison sentence of three and one-half years and a fine of not less than $750. There are other possible penalties as well. (ARS §13-3405)
      2. LSD and Methamphetamine: Possession, use and sale are felonies carrying sentences from four to five years and fines of not less than $1,000. There are other possible penalties as well, including a presumptive sentence of ten years for the sale of methamphetamine. (ARS §13-3407)
      3. Heroin and Cocaine: Possession, use and sale are felonies carrying sentences up to five years and a fine of not less than $2,000. There are other possible penalties as well. (ARS §13-3408)
  1. Use of Alcoholic Beverages
    This Administrative Regulation prohibits the use of District funds to purchase alcoholic beverages or services related to them except in small amounts to be used in cooking for the District’s culinary programs. Additionally, it generally prohibits the presence of alcoholic beverages on premises owned by the District, or those leased or rented by the institution. It permits a few, narrow exceptions to that latter prohibition. The exceptions are not available to the general population of District employees or officials. More importantly, they are established to ensure that the District’s actions stay within the boundaries of state law and the District’s insurance coverage. Therefore, strict compliance with this regulation is essential.

    1. No Funds. No funds under the jurisdiction of the governing board of the District may be used to purchase alcoholic beverages, except for the limited purposes of purchasing small amounts of them for use solely as ingredients in food preparation for classes and at the District’s culinary institutes. Alcoholic beverages may not be stored on premises owned, leased, or rented by MCCCD except as provided in Paragraph 8.
    2. No Service or Sale of Alcoholic Beverages. The law of the state of Arizona strictly regulates the service, sale, distribution and consumption of alcoholic beverages. In light of that law, the District does not permit alcoholic beverages to be served, sold or distributed on or in the premises owned by the District or leased or rented by the Maricopa Community Colleges for District-approved educational, fund-raising or other community purposes, except as provided in Paragraphs 3 and 7.
    3. Service at District Events on District-owned Property. The Chancellor has the sole authority to approve the service, but not the sale or other distribution, of wine or beer at District events on district-owned property that the Chancellor either sponsors or approves. The only District employees authorized to request the Chancellor’s approval are the College Presidents and the Vice Chancellors. Additionally, the law strictly limits the service of wine or beer by the District on District-owned property, and those restrictions are specified in Paragraph 5. Unless approved by the Chancellor in compliance with the law and this regulation, alcoholic beverages may not be served on District-owned property.
    4. Event Form Required. A College President or Vice Chancellor who wishes to obtain the Chancellor’s approval for the service of wine or beer at a District-sponsored event on District-owned property shall forward a completed written request to the Chancellor no later than 30 days before the event. The request form is available at: AS-6 – Notice of Intent to Serve Beer and Wine. On signing the form, the Chancellor will provide a copy of it to the requestor and to the MCCCD Risk Manager. For events that the Chancellor sponsors, he or she will complete the form, sign it and provide it to the MCCCD Risk Manager no later than 10 business days before the event.
    5. Service restrictions required by law.An event approved under Paragraph 4 must, by law, comply with the all of the following restrictions:
      1. The only alcoholic beverages that may be served and consumed are wine and beer. Wine consumption is limited to 6 oz. per person, and beer consumption is limited to 24 oz;
      2. The gathering must be by invitation only, and not open to the public;
      3. The gathering may not exceed 300;
      4. Invitees may not be charged any fee for either the event or the beer or wine; and
      5. The consumption may only take place between noon and 10:00 p.m.

      Additionally, beer and wine may only be served by a beverage service contractor whose liquor license with the state of Arizona is in good standing, except as provided in Paragraph 6. The contractor must provide all of the beverages served and well as the servers or bartender. Before the event, the contractor must provide a certificate of insurance that meets the requirements of the District’s Risk Manager and that adds the District as an additional insured. The contractor must also agree in writing to indemnify the District regarding the service of the beverages.

    6. Culinary Institutes. The Chancellor may sponsor or approve an event at one of the District’s culinary institutes. Students may serve wine and beer at the event as part of their class requirements, subject to the limitations of Paragraph 5. Any student serving those beverages must, by law, be 19 years or older.
    7. Third-Party Event.The Maricopa County Community College District Foundation and the Friends of Public Radio Arizona may, with the approval of the Chancellor, sponsor an event on District-owned property under this regulation. The City of Phoenix and the Friends of the Phoenix Public Library may also do so, with the approval of the Chancellor, at the joint library on the campus of South Mountain Community College. These third-party, non-district entities are solely responsible for determining the steps that they are required to take to comply with Arizona’s alcoholic beverages laws. Additionally, they must comply with the following steps:
      1. The entity obtains a liquor license, if required by law, from the Arizona Department of Liquor Licenses and control for each event and fully complies with the laws, rules and other requirements applicable to that license;
      2. The entity completes the form available at AS-7 – Request to Serve Beer and Wine – Third Party. And provides it to the Chancellor for approval along with a copy of the liquor license no later than 30 days before the event, unless the Chancellor approves a shorter period of time in a particular case;
      3. The entity provides or currently has on file with the District a certificate of insurance demonstrating that it has liquor liability coverage and that adds the District as an additional insured;
      4. The entity agrees in writing to indemnify the District from any claims of any kind arising out of the event;
      5. Beer and wine are the only alcoholic beverages served and only served through a beverage service contractor whose liquor license with the state of Arizona is in good standing;
      6. The contractor provides all of the beverages served and well as the servers or bartenders;
      7. Before the event, the contractor provides a certificate of insurance that meets the requirements of the District’s Risk Manager and that adds the District as an additional insured; and
      8. The contractor agrees in writing to indemnify the District regarding the service of the beverages.
    8. Receipt of beverages; storage.It is not permissible to store wine or beer on premises owned, leased or rented by MCCCD, except as provided in this paragraph. Alcoholic beverages purchased for use in cooking in District culinary courses must be stored in such a way that it is inaccessible to anyone except the Director or designee of the culinary program. For wine and beer to be used for receptions at the district’s culinary institutes, as authorized by this administrative regulation, the following storage requirements apply:
      1. Wine and beer to be served may only be brought to MCCCD property no sooner than four hours prior to the event, and remain there no longer than four hours after the event; and
      2. Once the wine and beer arrives on MCCCD property, the Director the culinary program shall assign an MCCCD employee to ensure that it is not stolen or that it is not opened until ready to be served.
    9. Compliance with law. In compliance with applicable law, any persons planning an event under this administrative regulation are required to familiarize themselves with the pertinent laws and other requirements established by the state of Arizona for the service of alcoholic beverages, particularly those in Arizona Revised Statutes Title 4 (Alcoholic Beverages) Chapters 1 (General Provisions), 2 (Regulations and Prohibitions) and 3 (Civil Liability of Licensees and Other Persons) as well as Arizona Administrative Code Title 19, Articles 1 (State Liquor Board) and 3 (Unlicensed Premises Definitions and Licensing Time-Frames).
    10. Residential Housing. Lawful occupants of residential housing under the jurisdiction of the Governing Board, if over the age of 21 years and not otherwise lawfully barred from such practice, may possess and consume alcoholic beverages in the privacy of their respective leased housing facility. Guests of such occupants over the age of 21 years shall have the same privilege. No alcohol is permitted in public areas (nor common areas of a dormitory) at any time.
    11. Personal Responsibility. The personal or individual purchase of alcoholic beverages by individuals attending District-approved functions held in places serving alcoholic beverages is a personal and individual responsibility. Administrative discretion shall be exercised in the approval of the location of such activities, as such decision pertains to the nature of the group involved.
    12. Miscellaneous Usage Issues. Any issues that are not specifically addressed within this regulation require the review and determination by the Chancellor or Executive Vice Chancellor and Provost on matters related to culinary programs, academic or student affairs.
  2. Other Health Concerns
    General Guidelines Concerning AIDS
    Neither a diagnosis of AIDS nor a positive HIV antibody test will be part of the initial admission decision for those applying to attend any of the Maricopa Community Colleges. The Maricopa Community Colleges will not require screening of students for antibody to HIV.Students with AIDS or a positive HIV antibody test will not be restricted from access to student unions, theaters, cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, restrooms, or other common areas, as there is not current medical justification for doing so.Where academically and logistically feasible, students who have medical conditions, including AIDS, may seek accommodation in order to remain enrolled. Medical documentation will be needed to support requests for accommodation through the Office of Disabled Resources and Services or the Office of Vice President of Student Affairs.The Maricopa Community Colleges acknowledge the importance of privacy considerations with regard to persons with AIDS. The number of people who are aware of the existence and/or identity of students who have AIDS or a positive HIV antibody test should be kept to a minimum. When a student confides in an faculty member, knowledge of the condition should be transmitted to the appropriate vice president or designee who will make the determination if the information should be further disseminated. It should be remembered that mere exposure to the person in a classroom does not constitute a need to know the diagnosis. It is, therefore, unnecessary to document in a student’s file the fact that he or she has AIDS unless the information is to be used for accommodation reasons. Sharing confidential information without consent may create legal liability.Students are encouraged to contact the Office of Disabled Resources and Services and/or the vice president of student affairs or designee for the types of services available in the district or community on matters regarding AIDS or the HIV virus.

 

Technology Resource Standards

The Maricopa County Community College District (MCCCD) provides its students, employees, Governing Board members and the public with access to information resources and technologies. MCCCD recognizes that the free exchange of opinions and ideas is essential to academic freedom, and the advancement of educational, research, service, operational, and management purposes, is furthered by making these resources accessible.

Arizona constitutional and statuory mandates requires that MCCCD resources, including technology, be used only for the public’s business, and not for private purposes. Those mandates apply to all MCCCD public officials–employees of every kind and the Governing Board. The aim of those laws is to safeguard the use of resources, including technology resources, acquired and maintained with public funds. Compliance with other laws–both federal and state–also dictates the need for standards for the use of MCCCD technology resources. In some cases, the Governing Board policies emphasize the importance of compliance with the law such as the requirement to adhere to copyright laws. Governing Board policies also establish MCCCD’s own standards, such as the directive that all persons within the MCCCD community be treated in a manner that is humane, fair and dignified.

This administrative regulations established standards for the use of MCCCD technology resources. They should be seen as supplementing, and not in lieu of, Governing Board policy, applicable law and other applicable administrative regulations such as Administrative Regulation 4.3 “Electronic Communications.”

General Responsibilities

Technology resources (including, but not limited to, desktop and laptop systems, printers, central computing facilities, MCCCD-wide or college-wide networks, local-area networks, telephones, facsimile machines, scanners, access to the Internet, electronic mail and similar electronic devices and information) of the MCCCD are available to MCCCD Governing Board members, employees, students and, in a limited number of cases, MCCCD contractors and the public. Use of all those resources is subject to the standards set forth in this regulation (Standards).

The first screen that each MCCCD computer exhibits on starting up advises users of these Standards and requires an acknowledgment before the user may proceed to the next screen. Additionally, all MCCCD employees are responsible for annually acknowledging receipt of the Blue Book, which contains this regulation. So all users of MCCCD technology resources are presumed to have read and understood the Standards. While the Standards govern use of technology resources MCCCD-wide, an individual community college or center may establish guidelines for technology resource usage that supplement, but do not replace or waive, these Standards.

Use of Non-MCCCD Technology

Under Arizona’s public records law, MCCCD is required to transact business so that its records are accessible and retrievable. The policy underlying the law is that work done in the name of the public be transparent. Thus, any member of the public may request public records and, except in a few specific instances, are entitled to get copies of them.

Each individual employee or Governing Board member is responsible for ensuring that MCCCD records that he or she initiates or receives are retained for the period of time required by and disposed of according to mandates established by Arizona State Libaray, Archives and Public Records–the state agency tasked with setting standards for record retention. Therefore, an employee’s or Governing Board member’s use of non-MCCCD technology resources for communication of any type of MCCCD business is heavily discouraged because those records are less capable of being managed according to MCCCD’s process for ensuring retention, retrieval and disclosure set forth in Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records.”

Additionally, an MCCCD employee who receives a communication allegedly from another MCCCD employee using a non-MCCCD e-mail address is not required to respond substantively to that e-mail. The employee receiving the e-mail is entitled to verify that the sender is whom he or she says that he or she is. The employee receiving the e-mail may request that the sender provide the information or inquiry set forth in the e-mail via hard-copy form.

Acceptable Use

Use of MCCCD’s technology resources, including websites created by MCCCD employees and students, is limited to educational, research, service, operational and management purposes of the MCCCD and its member institutions. Likewise, data, voice, images and links to external sites posted on or transmitted via MCCCD’s technology resources are limited to the same purposes.

Frequently, access to MCCCD’s technology resources can be obtained only through use of a password known exclusively to the MCCCD employees, Governing Board members or students. It is those users’ responsibility to keep a password confidential. While MCCCD takes reasonable measures to ensure network security, it cannot be held accountable for unauthorized access to its technology resources by other persons, both within and outside the MCCCD community. Moreover, it cannot guarantee employees, Governing Board members and students protection against reasonable failures. Finally, under certain limited circumstances defined in Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records,” certain MCCCD employees are authorized to access information on an MCCCD technology device.

It is not Maricopa’s practice to monitor the content of electronic mail transmissions, files, images, links or other data stored on or transmitted through Maricopa’s technology resources. The maintenance, operation and security of Maricopa’s technology resources, however, require that network administrators and other authorized personnel have access to those resources and, on occasion, review the content of data and communications stored on or transmittted through those resources. Any other review may be performed exclusively by persons expressly authorized for such purpose and only for cause. To the extent possible in the electronic environment and in a public setting, a user’s privacy will be honored. Nevertheless, that privacy is subject to Arizona’s public records laws and other applicable state and federal laws, as well as policies of Maricopa’s Governing Board all of which may supersede a user’s interests in maintaining privacy in information contained in Maricopa’s technology resources.

Incidental Computer and Technology Usage

Limited incidental personal use of MCCCD technology resources including through use of personal e-mail systems is permitted, except as described in item 16 under “Prohibited Conduct.” MCCCD employees are responsible for exercising good judgment about personal use in accordance with this regulation, Colleges’ consistent local guidelines and MCCCD ethical standards. Personal use refers to activities which only affect the individual and that are not related to an employee’s outside business. MCCCD employees are required to conduct themselves in a manner which will not raise concern that they are or might be engaged in acts in violations of the public trust. Refer to the Guidelines for Incidental Computer Usage for the Maricopa Community Colleges (Appendix AS-8) and Guidelines for Incidental Telephone Usage for the Maricopa Community Colleges (Appendix AS-9).

Prohibited Conduct

The following is prohibited conduct in the use of MCCCD’s technology resources

  1. Posting to the network, downloading or transporting any material that would constitute a violation of MCCCD contracts.
  2. Unauthorized attempts to monitor another user’s password protected data or electronic communication, or delete another user’s password protected data, electronic communications or software, without that person’s permission.
  3. Installing or running on any system a program that is intended to or is likely to result in eventual damage to a file or computer system.
  4. Performing acts that would unfairly monopolize technology resources to the exclusion of other users, including (but not limited to) unauthorized installation of server system software.
  5. Hosting an unauthorized website that violates the .EDU domain request.
  6. Use of technology resources for non-MCCCD commercial purposes, including to advertise personal services, whether or not for financial gain.
  7. Use of software, graphics, photographs, or any other tangible form of expression that would violate or infringe any copyright or similar legally-recognized protection of intellectual property rights.
  8. Activities that would constitute a violation of any policy of MCCCD’s Governing Board, including, but not limited to, MCCCD’s non-discrimination policy and its policy against sexual harassment.
  9. Transmitting, storing, or receiving data, or otherwise using technology resources in a manner that would constitute a violation of state or federal law, or MCCCD policy or administrative regulation including, but not limited to, obscenity, defamation, threats, harassment, and theft.
  10. Attempting to gain unauthorized access to a remote network or remote computer system.
  11. Exploiting any technology resources by attempting to prevent or circumvent access, or using unauthorized data protection schemes.
  12. Performing any act that would disrupt normal operations of computers, workstations, terminals, peripherals, or networks.
  13. Using technology resources in such a way as to wrongfully hide the identity of the user or pose as another person.
  14. Allowing any unauthorized access to MCCCD’s technology and non-technology resources.
  15. Making personal long distance or other toll calls, except where the charges for the calls are incurred directly by the caller or arrangements are otherwise made at the time of the call to directly bill the caller.
  16. Intermittent use of technology resources that interferes with the performance of an employee’s main responsibilities.
  17. Use of technology resources to market or conduct other activities on behalf of a third-party regarding the “hosting” of an event that is prohibited under MCCCD’s Use of College Facilities administrative regulation.
  18. Conducting District or college-related business using any electronic mail account other than one hosted or provided by MCCCD, and approved by the Vice Chancellor of Information Technology Services, even when the e-mail account copies all outgoing and incoming messages to the MCCCD hosted account.
  19. Deleting or altering a technology public record in violation of public records retention requirements, or in anticipation of receiving or after receipt of a public records request, subpoena or a complaint filed as part of an MCCCD grievance, investigation or review, or other lawful request for the record.
  20. Deleting or altering a technology record on an MCCCD device in anticipation or after receipt of a public records request, subpoena or a complaint filed as part of an MCCCD grievance, investigation or review, or other lawful request for the records where the record may demonstrate a misuse of technology resources under this regulation.

Review and Approval of Alternate E-Mail Account Systems

The prior review and approval by the Vice Chancellor of Information Technology is required for the implementation of alternate College electronic mail account systems. Requests will be evaluated based upon the following considerations:

  1. The system must be compatible and interoperable with the MCCCD e-mail system. All information within the e-mail system must meet the standards and authorize District Office access as specified in Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.”
  2. Any proposed changes to an MCCCD’s entity’s e-mail system with e-discovery implications must be approved in advance during the planning stages as specified in Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.

Disclaimer

The home page of an MCCCD web site must display, or link to, the following disclaimer in a conspicuous manner:

All information published online by MCCCD is subject to change without notice. MCCCD is not responsible for errors or damages of any kind resulting from access to its internet resources or use of the information contained therein. Every effort has been made to ensure the accuracy of information presented as factual; however errors may exist. Users are directed to countercheck facts when considering their use in other applications. MCCCD is not responsible for the content or functionality of any technology resource not owned by the institution.

The statements, comments, or opinions expressed by users through use of Maricopa’s technology resources are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views of the Maricopa County Community College District.

Information Accuracy and Marketing Standards

In order to help ensure that the most accurate information sources are reflected on web pages, information should be cited, sourced or linked from the website of the official District or college custodian responsible for the particular subject. In addition, the design of web pages shall reflect established marketing standards with respect to the imaging and using of MCCCD marks as outlined in the marketing standards handbook and Use of Marks administrative regulation.

Complaints and Violations

Complaints or allegations of a violation of these standards will be processed through Maricopa’s articulated grievance procedures or resolution of controversy.

Upon determination of a violation of these standards, MCCCD may unilaterally delete any violative content and terminate the user’s access to MCCCD’s technology resources. It is the user’s responsibility to demonstrate and/or establish the relevance of content in the event that a content complaint is made official. Users retain the right to appeal actions through MCCCD’s grievance procedures or resolution of controversy.

All members of the MCC community are expected to comply with the provisions of the Copyright Act of 1976 pertaining to photocopying of printed materials, copying of computer software, and videotaping. To assist people in complying with the copyright law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.

Copyright Regulation

  1. It is the intent of the Governing Board of the Maricopa County Community College District to adhere to the provisions of the U.S. Copyright Law (Title 17, United States Code Section 101 et seq.). Though there continues to be controversy regarding interpretation of the Copyright Law, this policy represents a sincere effort by the Board to operate legally within the District.
  2. The Governing Board directs the Chancellor or his designee(s) to develop and distribute to employees guidelines that (1) clearly discourage violation of the Copyright Law and (2) inform employees of their rights and responsibilities under the Copyright Law.
  3. Each college president or provost and the Chancellor shall name an individual(s) at each district location who will assume the responsibilities of distributing copyright guidelines, act as a resource person regarding copyright matter and provide training programs on current copyright laws.
  4. Employees are prohibited from copying materials not specifically allowed by the (1) copyright Law, (2) fair use guidelines, (3) Licenses or contractual agreements, or (4) other permission.
  5. The Governing Board disapproves of unauthorized duplication in any form. Employees who willfully disregard this Board policy and/or the aforementioned copyright guidelines do so at their own risk and assume all liability for their actions.
  6. In order to assist employees and students in complying with the Copyright Law, appropriate notices shall be placed on or near all equipment capable of duplicating copyrighted materials.

Use of Copyrighted Materials in Academia

Persons or entities who own copyrights are granted specific rights under copyright law regarding their works. This law allows the owners of a work’s copyright exclusive right to–and sole discretion to determine who may–reproduce all or part of the work, distribute copies of the work, prepare new (derivative) versions based on the original work, and perform and display the work publicly.

Published and unpublished works are covered under copyright protection. Some of the various types of works covered are those which are literary, dramatic or musical, as well as motion pictures, videos, computer programs and databases.

The changing learning environment, which more often encompasses the use of new technology in the classroom, has created even greater concern for the awareness of issues related to the authority to reproduce another’s work.

US Copyright Law

Under the Copyright Act of 1976, an authors original tangible expressions are protected for the authors life plus fifty years. While the law for the most part gives exclusive rights of reproduction to an author, Congress has provided an exception to this provision. Referred to as the Doctrine of Fair Use, this provision prescribes limited circumstances under which works may be reproduced without the owners permission. Reproducing multiple copies of print materials in a classroom setting is the most common situation faced by faculty where the “fair use” concept may be applicable.

Section 107 of the Copyright Act sets forth four factors which need to be considered to determine if copying without the copyright owners consent is permissible. They are:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
  4. The effect of the use upon the potential market for or value of the copyrighted work.

Courts have determined that these factors should be weighed together; no one factor determines a persons right to reproduce a copyrighted work. Educational use alone does not justify copying a work without permission.

In order to provide a minimum standard for not-for-profit educational institutions to exercise fair use under Section 107, the Ad Hoc Committee on Copyright Law Revision, the Authors League of America and the Association of American Publishers, Inc., in 1976 issued guidelines for classroom copying with respect to books and periodicals.

Guidelines for Classroom Copying

The guidelines provide that a teacher may copy any of the following for his or her scholarly research or use in teaching or preparation to teach a class:

  • a chapter from a book;
  • an article from a periodical or newspaper;
  • a short story, short essay or short poem, whether or not from a collective work; and
  • a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

A teacher may–without first obtaining permission from the copyright holder–make multiple copies (not to exceed more than one copy per pupil in a course) for classroom use or discussion, provided that the copying meet the guidelines tests of “brevity,” “spontaneity” and “cumulative effect” and that each copy include a notice of copyright.

Whether material meets the brevity test depends on the type of work one wishes to copy. A work of poetry meets the brevity test, for example, if it is a complete poem, fewer than 250 words in length, and printed on not more than two pages. An excerpt from a longer poem meets the test if the excerpt is of no more than 250 words.

On the other hand, a work of prose meets the brevity test if it is either a complete article, story or essay of fewer than 2,500 words; or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less. An illustration meets the test if it consists of one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

The brevity guidelines include an inclusive category termed “special works.” These are defined as certain works of poetry, prose or “poetic prose” which often combine language with illustrations, are intended sometimes for children (and at other times a more general audience) and fall short of 2,500 words in their entirety. Special works may not be reproduced in their entirety; however, an excerpt comprised of no more than two of the published pages of a special work, and containing not more than 10% of the words found in the entire text thereof, may be reproduced.

Spontaneity and Cumulative Effect

A work one wishes to reproduce without permission passes the “spontaneity” test if it meets two conditions: the copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission to copy.

Finally, for material to meet the “cumulative effect” test, the copying of the material must be for only one course in the school where the copies are made; and not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. “Cumulative effect” prohibits more than nine instances of such multiple copying for one course during one class term.

The guidelines prohibit unauthorized copying for the purpose of creating, replacing, or substituting for anthologies, compilations or collective works. Also outlawed is unauthorized copying of works intended to be “consumable” in the course of study or teaching, including workbooks, exercises, standardized tests and test booklets and answer sheets. Under the guidelines, unauthorized copying may not substitute for the purchase of books, publishers reprints or periodicals, or be repeated with respect to the same item by the same teacher from term to term. Finally, no charge shall be made to the student beyond the actual cost of the copying.

Relevant Court Cases

The Fair Use factors have been tested in several notable court cases involving educational institutions. In a 1989 case, which has been termed the “Kinkos Case,” a federal appeals court held that Kinkos Graphics Corporation had violated the publishers copyrights in its practice of photocopying (without authorization) multiple pages from various works to create anthologies and for selling those anthologies for profit. Kinkos was found liable for copyright infringement, and the eight book publishers whose copyrights Kinkos had violated were awarded damages totaling almost $2 million.

In 1992, in a suit filed by Princeton University Press, Macmillan, Inc., and St. Martins Press, Inc., a federal tribunal prohibited a copyshop, Michigan Document Services, from making coursepacks of their works without their permission. A federal appeals court, however, later overturned that ruling and agreed with the defendant that the course packs were a “fair use” as defined in the Copyright Act of 1976.

The holdings from the “Kinkos” and “Michigan Document Services”
cases issue from two different circuits of the US Court of Appeals, and might appear to be contradictory. As the issue of copyright can be hazy, a good practice to follow is to either closely adhere to the Ad Hoc Committees guidelines or request permission from the copyright holder. Although giving the author credit can protect against plagiarism, it does not absolve a person or entity from copyright infringement.

Electronic Communications Standards

  1. General Statement
    Electronic communications on behalf of the Maricopa County Community College District (MCCCD) should be used to support education, research, scholarly communication, administration and other MCCCD business. MCCCD provides significant technology resources to Governing Board members, employees and students that, among other things, facilitate electronic communications. Electronic communication is not different from any other form of communication. It is subject to a wide range of applicable federal and state laws and regulations, including public records disclosure/retention requirements and copyright mandates.This regulation enumerates standards for electronic communications through which MCCCD business is conducted. It applies whether the electronic communication uses MCCCD technology resources or not. MCCCD Governing Board members and employees have an obligation under the law to conduct MCCCD business through electronic communications in a manner that permits the communication to be captured for public records and retention requirements. Note that, under the interpretation of the law by Arizona State Library, Archives and Public Records–the state agency tasked with establishing standards for record retention–the individual public official or employee is responsible for preserving MCCCD electronic communications in compliance with state standards. See Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records” and Administrative Regulation 4.4 “Technology Resource Standards.”MCCCD employees using electronic communications should be considerate of the needs of others, and should not impede another employee’s ability to use the electronic services that MCCCD provides. All electronic communications must at least contain the name and electronic mail address of the employee making the information available. E-mail signature cards should reflect the appropriate job title and college or district contact information. Using signature cards to promote or feature logos of vendors is strictly prohibited–No anonymous information may be sent. For electronic communications using MCCCD resources, Administrative Regulation 4.4 “Technology Resource Standards,” also applies.
  2. Application of Other Policies
    1. In addition to the standards set forth in this administrative regulation, other MCCCD standards are expressly applicable to electronic communications. For instance, standards that apply to the use of MCCCD resources, including use of equipment and time, also apply to electronic communications. Relevant other institutional policies include, but are not limited to:
      1. MCCCD Governing Board policies
      2. MCCCD Administrative Regulations
      3. Employee policy manuals
      4. Student Code of Conduct
      5. Confidentiality of student records
      6. Sexual harassment policy
      7. Technology Resource Standards
    2. The list in Paragraph 2A is not comprehensive. In the event of a conflict between and among standards, the more restrictive standard will govern.
    3. MCCCD colleges and operational units may develop additional “conditions of appropriate use” for local computing and network facilities to supplement these electronic communication standards with additional detail, guidelines or restrictions. Such conditions must be consistent with and subordinate to the MCCCD-wide standards.
  3. Specifically Acceptable Uses.Examples of acceptable uses of electronic communications are:
    1. Communications with local and foreign educators, students, administrators, researchers and colleagues in connection with instruction or research
    2. Communication and exchange for scholarly development, to maintain currency, or to debate issues in a field of knowledge
    3. Use in applying for or administering grants or contracts for research or instruction, but not for non-Maricopa public relations activities
    4. Announcements of new products or services for use in research, college administration, student services, or instruction but not commercial advertising of any kind
    5. Factual vendor communication relevant to official MCCCD business
    6. Communication incidental to otherwise acceptable use, except for illegal or specifically unacceptable use
    7. Marketing by MCCCD regarding its educational opportunities, programs and non-commercial radio and television stations
    8. Uses by MCCCD non-commercial radio and television reporters for journalistic purposes
    9. Communications from MCCCD-related entities with which MCCCD has an agreement that exists solely to raise funds for MCCCD programs about the manner in which employees may support those entities, so long as the message to employees does not focus on specific third-party products or services
  4. Specifically Unacceptable Uses.The following is a list of some unacceptable uses, but unacceptable uses is not limited to this list:
    1. Using electronic communications for illegal activities
    2. Use for for-profit activities (sales, consulting for pay, and so on) or use by for-profit institutions unless covered by the general principle, or as one of the specifically acceptable uses
    3. Use for private or personal business
    4. Chain letter, or any illegal schemes or activities
    5. Mailings to large numbers of people that contain unwanted solicitations or information; such as “spam” or “letter bomb”
    6. Communication that constitutes harassment
    7. Anonymous communications, or communications that impersonate another individual, except communications to the MCCCD Concernline; the contents of an annonymous communication will not be considered a communication regarding official business or a public record of that business with the excepton of the MCCCD Concernline
    8. Allowing anyone else to use your account
    9. Any communication which adversely impacts the communications of MCCCD by over-loading the network
    10. Violations of open meeting law requirements
    11. Communicating about MCCCD business without complying with the retention requirements specified under Administrative Regulation 4.15 “Retrieval, Disclosure and Retention of Records”
    12. Use of technology resources to market or conduct other activities on behalf of a third party regarding the “hosting” of an event that is prohibited under MCCCD’s Use of College Facilities administrative regulation
  5. Confidentiality
    The confidentiality of electronic communications cannot be assured. Under certain conditions, selected MCCCD employees may have access to them consistent with applicable law or policy including this policy. See Administrative Regulation 4.15, “Retrieval, Disclosure and Retention of Records.” Any confidentiality may also be compromised by unintended redistribution or the inadequacy of current technologies. Employees, therefore, should exercise extreme caution in using electronic communications to communicate confidential or sensitive matters, and should not assume that their electronic communication is private or confidential. Additionally, employees should not use electronic communications to transmit information that applicable law requires be confidential, such as student education records under the Family Education Rights and Privacy Act of 1974.
  6. Complaint Procedures
    Employees experiencing misuse, abuse, harassment or other incidents related to the technologies which they cannot pursue on their own should report the matter through the supervisory chain of command, the College President or to the appropriate Vice Chancellor. If the employee receives an electronic communication from an outside party that is inappropriate, the employee may also wish to contact the authority at the company or service from which the sender is transmitting. Violations of privacy or property involving the technology may be reported, even if the perpetrator is not a member of the college community, if the communication relates to MCCCD business. As specified in Administrative Regulation 4.4 “Technology Resource Standards,” limited incidental use of electronic communications using MCCCD technology resources is permitted. Employees should avoid any incidental use that may result in misuse, abuse, harassment or similar inappropriate communications. This complaint procedure will not generally be available for those types of communications unless there is a threat that may constitute a violation of law.
  7. Enforcement of Standards
    Engaging in any activity that violates these electronic communications standards can result in the loss of access privileges or other discipline. Issues related to enforcement of these standards will be addressed according to established processes in job group policy manuals.
  8. The Chancellor, the Vice Chancellors, the College Presidents or their designees should take necessary steps to ensure that employees under their supervision have notice of and will comply with this regulation and any protocols of the MCCCD electronic communications network, as issued by the Vice Chancellor of Information Technology, a College President or designee.

Sexual Harassment Policy

The policy of the Maricopa County Community College District (MCCCD) is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct or communications constituting sexual harassment as defined and otherwise prohibited by state and federal law.

Each college has designated its vice president for student affairs as Title IX Coordinator, and student complaints of sexual harassment must be reported to him or her. Sexual violence against employees is prohibited by Title VII of the Civil Rights Act of 1964. Employee complaints of sexual harassment must be reported to the District Office of Equity, Opportunity, and Engagement.

Sexual harassment is unwelcome, verbal, or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it alters working conditions and creates a hostile environment for employees, or that it unreasonably interferes with, limits, or deprives a student of the ability to participate in or benefit from any MCCCD educational program or activity. The unwelcome behavior may be based on power differentials, the creation of a hostile environment, or retaliation for sexual harassment complaints. Sexual harassment by and between, employees; students; employees and students; and campus visitors and students or employees, is prohibited by this policy.

Due process is afforded any employee, student, or visitor accused of sexual harassment. On receipt of a complaint, an immediate preliminary investigation will be conducted to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. If so, then a prompt, thorough, impartial investigation will be conducted by the authorized administrator. If the final decision is that sexual harassment occurred, the college will take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. Remedies for the complainant will also be sought. Violations of this policy may result in disciplinary action up to and including termination for employees; sanctions up to and including suspension or expulsion for students; and appropriate sanctions against campus visitors. This policy applies to prohibited conduct that occurs both on and off campus and covers students, employees, and visitors.

This policy is subject to constitutionally protected speech rights and principles of academic freedom. Questions about this policy may be directed to the MCCCD EEO/Affirmative Action Office.

Examples of Policy Violations

It shall be a violation of MCCCD’s Sexual Harassment Policy for any employee, student or campus visitor to:

  1. Make unwelcome sexual advances to another employee, student or campus visitor;
  2. Make unwelcome requests for sexual favors, whether or not accompanied by promises or threats with regard to the employment or academic relationship;
  3. Engage in verbal or physical conduct of a sexual nature with another employee, student or campus visitor, that may threaten or insinuate, either explicitly or implicitly, that the individual’s submission to, or rejection of, the sexual advances will in any way:
    1. Influence any personnel decision regarding that person’s employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development; or
    2. Influence his or her grades, participation in or access to academic programs, class standing or other educational opportunities;
  4. Engage in verbal or physical conduct of a sexual nature that:
    1. Has the purpose or effect of substantially interfering with an employee’s ability to do his or her job; or with a student’s ability to learn or participate in a class; or
    2. Which creates an intimidating, hostile or offensive work or academic environment;
  5. Commit any act of sexual assault or public sexual indecency against any employee or student whether on MCCCD property or in connection with any MCCCD-sponsored activity;
  6. Continue to express sexual interest in another employee, student or campus visitor after being informed or on notice that the interest is unwelcome (reciprocal attraction is not considered sexual harassment);
  7. Engage in other sexually harassing conduct in the workplace or academic environment, whether physical or verbal, including, but not limited to, commentary about an individual’s body (or body parts), sexually degrading words to describe an individual, sexually offensive comments, sexually suggestive language or jokes, innuendoes, and sexually suggestive objects, books, magazines, computer software, photographs, cartoons or pictures. Other sexual misconduct may include sexual exploitation, stalking, and gender-based bullying.
  8. Treat a complainant or witness of sexual harassment in a manner that could dissuade a reasonable person from pursuing or participating in the complaint and investigation.

Additional Policy Violations

Supervisors, managers, administrators and faculty who disregard or fail to report allegations of sexual harassment (whether reported by the person who is the subject of the sexual harassment or a witness) are in violation of this policy.

Responsibility for Policy Enforcement

Employees and students must avoid offensive or inappropriate sexual and/or sexually harassing behavior at work or in the academic environment.

Employees and students are encouraged (but not required) to inform perceived offenders of this policy that the commentary/conduct is offensive and unwelcome.

Amorous Relationships

An amorous relationship that might be appropriate in other circumstances may be inappropriate if one of the individuals in the relationship has a professional responsibility toward or is in a position of authority with respect to the other, such as in the context of instruction, counseling, advisement, or supervision. An element of power is often present in such a context, and it is incumbent upon those with authority not to abuse that power.

Complaints

  1. Employees
    Employees who experience sexual harassment at work (by a supervisor, co- employee, student or visitor) are urged to report such conduct to the direct attention of their supervisor, their college president or to the Maricopa Community Colleges Equal Employment Opportunity/Affirmative Action Office. If the complaint involves the employee’s supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with his or her immediate supervisor, the employee may go directly to the Maricopa Community Colleges EEO/AA Office.
  2. Students
    Students who experience sexual harassment or sexual assault in a school’s education program and activities (by a faculty member, administrator, campus visitor or other student) are urged to report such conduct to the Title IX Coordinator, who is the vice president of student affairs at each college. A student may also contact the MCCCD EEO/AA Office to obtain the name and phone number of the college official designated to respond to sexual harassment complaints.
  3. General – Applicable to Both Employees and Students
    1. Complaints will be investigated according to procedures established by the MCCCD EEO/AA Office. Copies of these procedures may be obtained in the college president’s office, Office of the Vice President of Student Affairs and the MCCCD EEO/AA Office.
    2. The college/center/MCCCD will investigate all complaints in a prompt, thorough, and impartial manner.
    3. Where investigation confirms the allegations, appropriate responsive action will be taken by the college/center/MCCCD.

Confidentiality

Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD’s legal obligation to investigate and resolve issues of sexual harassment.

Violations of Law

An employee or student may be accountable for sexual harassment under applicable local, state, and/or federal law, as well as under MCCCD policy. Disciplinary action by MCCCD may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

False Statements Prohibited

Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge, will be subject to appropriate disciplinary action, up to and including, employment termination or academic dismissal.

Retaliation Prohibited

Retaliation against an employee or student for filing a sexual harassment complaint, or participating in the investigation of a complaint, is strictly prohibited. MCCCD will take appropriate disciplinary action, up to and including employment termination or academic dismissal if retaliation occurs.

Smoke-Free/Tobacco-Free Environment

The Maricopa County Community College District is dedicated to providing a healthy, comfortable, and educationally productive environment for students, employees, and visitors. In order to promote a healthy learning and work environment, the Chancellor has directed that the Maricopa County Community College District serve as a total smoke free and tobacco free environment, effective July 1, 2012. Smoking (including the use of “e-cigs”) and all uses of tobacco shall be prohibited from all District owned and leased property and facilities, including but not limited to parking lots, rooftops, courtyards, plazas, entrance and exit ways, vehicles, sidewalks, common areas, grounds, athletic facilities, and libraries.

Support signage prohibiting the use of smoking instruments and tobacco shall be placed throughout all college and District locations.

Continued violations by an employee or student shall be handled through the respective conduct procedures established for employees and students.

Breathe Easy Tobacco Free | Smoke Free

Enforcement Guidelines

The Maricopa County Community College District has made the commitment toward a healthier environment for employees, students and guests. On July 1, 2012, all district colleges and district-owned facilities will become tobacco-free. Although the district has undertaken an expansive educational campaign, including a broad cessation component, we recognize that violations of the regulation will occur.

The MCCCD Department of Public Safety has been tasked with enforcing the new regulation. Public Safety recognizes its responsibility to enforce this regulation and similar policies with restraint and diplomacy. In enforcing the Smoke Free/Tobacco Free regulation, employees of Public Safety will consider first and foremost the educational component of compliance. The enforcement guidelines below are meant to assist Public Safety employees in their interactions with smokers that will result in a positive experience for violators.

Despite extensive efforts to make our populations aware of the new regulation, Public Safety realizes that some people will be unaware of the change. Initial contact with violators of the Smoke Free/Tobacco Free regulation will be used as an opportunity to educate smokers of the regulation’s existence and solicit voluntary compliance. The Public Safety employee making initial contact with the violator will offer information about the regulation and provide cessation resource information if the violator is interested in receiving it. In order to properly track violators and enforce the regulation, the following guidelines will be followed by Public Safety.

All violators will receive an initial warning about the prohibition of tobacco use on district property. For students, subsequent violations by the same offender will result in a referral of the student to the Dean of Student Affairs or designee. This referral will be made via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning.  All Smoke Free/Tobacco Free violations should be treated in the same manner as any other Student Code of Conduct violation. For employees, subsequent violations by the same offender will result in a referral of the employee to the Vice President of Administrative Services or designee. This referral will be made via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning.  All Smoke Free/Tobacco Free violations should be treated in the same manner as any other Human Resource policy or regulation violation. For visitors, subsequent violations by the same offender will result in the violator being escorted from district property and a no-trespass order issued for a period of 30 days. This ban will be documented via a Public Safety Incident Report outlining the circumstance of the violation, including the date, time and location of the initial warning. Visitors subjected to the no-trespass order may apply for reinstatement of their privilege to visit district property through the office of the Commander of Public Safety at that facility. Repeated violations by visitors will result is a no-trespass order being issued for extended time periods.

MCCCD Workplace Violence Prevention Policy

Purpose

It is the policy of the Maricopa County Community College District to promote a safe environment for its employees, students, contractors, and visitors. MCCCD is committed to working with its employees to maintain an environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior.

Policy

Violence, threats, harassment, intimidation, and other disruptive behavior in our facilities is prohibited and will not be tolerated. It is the responsibility of all employees, students, contractors, and visitors of MCCCD to report any occurrence of such conduct to MCCCD Public Safety. Every employee, student, contractor, and visitor on MCCCD property should report threats or acts of physical violence and acts of harassment, intimidation, and other disruptive behavior of which he/she is aware. All reports will be taken seriously and will be investigated by public safety immediately in order to protect everyone from danger. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm.

Prohibited Behavior

For example, and without limiting the generality of the foregoing statement, this policy prohibits:

  • direct threats or physical intimidation
  • implications or suggestions of violence
  • stalking
  • assault of any form
  • physical restraint, confinement
  • dangerous or threatening horseplay
  • loud, disruptive, or angry behavior or language that is clearly not part of the typical work environment
  • blatant or intentional disregard for the safety or well-being of others
  • commission of a violent felony or misdemeanor on MCCCD property
  • abuse
  • violation of a protective order or restraining order
  • any other act that a reasonable person would perceive as constituting a threat of violence

This list is illustrative only and not exhaustive.

Future Violence

Employees, students, and visitors who have reason to believe they, or others, may be victimized by a violent act or sometime in the future, at the workplace or as a direct result of their relationship with MCCCD, shall inform a supervisor or manager as soon as possible. The supervisor or manager shall inform the Public Safety Department. Students, contractors, and visitors shall contact the Public Safety Department as soon as possible.

Employees who have signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy to the Department Director, Human Resources, and Public Safety. Students shall supply a copy of the signed order to the Public Safety Department.

This policy applies to employees and students, as well as independent contractors and other non-employees doing business with the MCCCD. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, or both. The Chancellor is hereby instructed to enact all administrative regulations necessary to implement this policy.

Graphic Standards for College Publications

All MCC publications must follow established graphic standards related to official usage of the MCC logo, color, and size, and area requirements.

All college publications must include:

 

  1. MCC Logo
    The MCC logo is available from the Office of Institutional Advancement (IA) or through IA’s website at www.mesacc.edu/ia/, click “Forms, Logos & Maps”.The logo must be prominently displayed on the front of all college publications, stationery items, public forms, and all publications that officially represent the college and are paid for by college funds. It is important that the logo has a strong presence on the page and easy readability. To ensure this, a 1/4-inch area surrounding the logo should be maintained in which no other type, such as headlines or images, infringes on the integrity of the logo.The minimum reproduction size of the MCC logo is 1-1/2” across by 15/32” in height. The optimum size for print reproduction is 2” x 1-1/4.”The logo should always be reproduced in its completed proportions.The logo should not be expanded, condensed, or screened in any form. The logo is always used in its entirety.NOTE: Many computer software applications that are not designated for page layout have a tendency to distort the original art when imported. Please pay close attention when importing the logo into various computer applications.
  2. MCC Logo ColorMesa Community College has identified three official colors for reproduction of
    the MCC Logo:

    • PMS 2935 (Blue)
    • PMS 193 (Red)
    • Black or reversed white (from solid or color backgrounds)

    No other colors should replace the designated MCC logo colors.

    • District Information
      Information identifying MCC as a part of the Maricopa Community Colleges must appear on all publications. It generally appears on the back panel of the publication, reproduced at a minimum of 9 point type and is written in the following format:

A Maricopa Community College

Note: This part of the statement can be replaced with the district logo which can be downloaded from the district website at www.maricopa.edu/employees/index.php/

The Maricopa County Community College District is an EEO/AA institution.

Federal regulations require that the Equal Opportunity/Affirmative Action Statement appear in all major publications.

  • Photo Releases
    All photos used in MCC publications (print or electronic) require a written release form signed by the subject/model giving the college permission to use the image for the purposes of promoting the college. These signed forms protect the college from legal ramifications and need to be stored for reference for the life of the publication.

 

Forms may be obtained through the office of Institutional Advancement or downloaded from the IA website. www.mesacc.edu/about/ia,click “Forms, Logos & Maps”

NOTE: Photos to be used in print materials require a resolution of 300 dpi (dots per inch). If you are taking a digital photo, please set the camera on the highest resolution. Photos with a 72 dpi (used on websites) will not work for print.

  • Business Cards
    Business cards and other business system materials (letterhead, envelopes) can be ordered by calling IA or visiting the IA website. Consult your department secretary for details.

 

The Marketing Coordinator of Institutional Advancement should review all advertising and informational materials before printing. Graphic design assistance is available through IA.

For more detailed information, please refer to the MCC Graphic Standards Manual, available through department secretaries and the Office of Institutional Advancement (IA) or online at www.mesacc.edu/ia/

Order forms for business cards can be found by clicking on Request and
Order Forms. If you have further questions, call 480-461-7445.

NOTE: MCC’S Graphic Standard Manual May be down loaded by visiting Institutional Advancement’s web page and clicking the Graphic Standard Manual link.

Keys

Each residential faculty member is issued a key for his or her office and, if necessary, an exterior door key to access the department’s office area. Residential faculty may request keys for specific needs through their department chairs. The deans and the Vice President of Administrative Services then process these requests.

Any problems with opening and closing classrooms should be directed to the Public Safety Office.

Keys remain the property of MCC and are the responsibility of the holder. Recipients should not loan keys or leave them unattended. Employees should not exchange keys without proper authorization. The loss of keys must be reported immediately to the Public Safety Office. Keys must be returned to the Public Safety or the Vice President of Administrative Services’ office.

For more information, please call 480-461-7564. For non-emergencies please
call 480-461-7251.

Payroll

Payroll calendars for adjunct faculty are distributed in their departments at the start of each semester. Various calendars such as the fiscal year calendar, payroll and Time & Labor calendars, and a payroll deduction calendar are also available at www.maricopa.edu/hrweb/payroll.

Direct deposit can be arranged through the College Human Resources department.

Residential faculty may elect to be paid over 9 months or 12 months. A salary deferral option is available for residential faculty, whereby 25 percent of one’s salary is withheld and reimbursed during the summer months.

For further information, call the MCC Human Resources department at 480-461-7487 and ask to speak to the HR Analyst assigned to serve your department.

Human Resources and Records

Official residential faculty employment files are maintained at the district Employee Services department. Adjunct faculty files are maintained in the college Human Resources department . If you have questions concerning human resources issues or need to update personal data, please contact the MCC Human Resources department and ask to speak to the HR Analyst assigned to serve your department. Please notify the MCC Human Resources department if you change your address or phone number. Various HR and payroll forms are available in the Human Resources office. These include change of name or address forms tuition waiver request forms, W4 forms, A4 forms, adjunct faculty professional growth application application packets, etc.

For more information, contact the Mesa Community College Human Resources Department at 480-461-7487. Please ask to speak to the HR Analyst assigned to serve your department.