Oct 21, 2021  
2021-2022 Midland College Catalog & Student Handbook 
    
2021-2022 Midland College Catalog & Student Handbook

Student Rights & Responsibilities


Student Responsibilities Sex Offender Registration
Legal Disclosures Solicitation
Equity and Nondiscrimination Student Expression
Student Code of Conduct Student Records
Discipline and Penalties Searches of Students and Property
Grievances and Complaints  

Student Rights & Responsibilities

Midland College is committed to providing an education climate that is conducive to the personal and professional development of each individual. Student Rights and Responsibilities, specifically, the Student Code of Conduct and Policies regarding Freedom from Discrimination, Harassment, and Retaliation, are located in the Board of Trustees Policy Manual. The Board of Trustees Policy Manual is hosted on an external server and will link outside the Midland College webpage. Text links are provided below. These links are live and updated as laws and policies change. The President’s office maintains archives of all previous policies. Please address any questions or concerns to the Dean of Student Life or Vice President of Student Services.

 

Student Responsibilities

Each student shall be charged with notice and knowledge of, and shall be required to comply with, the contents and provisions of Midland College’s rules and regulations concerning student conduct.

All students shall obey the law, show respect for properly constituted authority, and observe correct standards of conduct. Each student shall be expected to:

  1. Demonstrate courtesy, even when others do not;
  2. Behave in a responsible manner, always exercising self-discipline;
  3. Attend all classes, regularly and on time;
  4. Prepare for each class and take appropriate materials and assignments to class;
  5. Obey all classroom rules;
  6. Respect the rights and privileges of students, faculty, and other Midland College staff and volunteers;
  7. Respect the property of others, including Midland College property and facilities; and
  8. Cooperate with and assist Midland College staff in maintaining safety, order, and discipline

 

Legal Disclosures Regarding Students

Equal Educational Opportunity 

Service Animals 

Freedom from Discrimination, Harassment, and Retaliation regarding Sex and Sexual Violence 

Freedom from Discrimination, Harassment, and Retaliation regarding Disabilities and Age 

Definitions of Crimes of Violence 

Definitions of Disruptive Activities 

Prohibited Organizations and Hazing 

Tobacco Use, Definitions, Possession, and Use 

The College’s Authority and Student Rights Pertaining to Discipline and Penalties 

Student Complaints and Grievances 

Student Expression and Use of College Facilities 

Student Records 

Student Interrogations and Searches 

Equity and Nondiscrimination

Freedom from Discrimination, Harassment, and Retaliation from Race, Color, National Origin, Religion, Age, or Disability
Statement of Nondiscrimination

Midland College prohibits discrimination, including harassment, against any student on the basis of race, color, national origin, disability, religion, age, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of Midland College policy and is prohibited.

Discrimination Definition

Discrimination against a student is defined as conduct directed at a student on the basis of race, color, national origin, disability, religion, age, or on any other basis prohibited by law, that adversely affects the student.

The following topics regarding Race, Color, National Origin, Religion, Age, or Disability Discrimination, Harassment, and/or Retaliation are located in policy FFDB (LOCAL) 

                Prohibited Harassment and Examples
                Prohibited Conduct
                Reporting Procedures
                Investigating the Report
                Outcome Actions
                Confidentiality
                Appeals
                Retaliation
                False Claims
 
Freedom from Discrimination, Harassment, and Retaliation from Sex and Sexual Violence

Statement of Nondiscrimination

Midland College prohibits discrimination, including harassment, against any student on the basis of sex or gender. Retaliation against anyone involved in the complaint process is a violation of Midland College policy and is prohibited.

The following topics regarding Sex/Sexual Violence Discrimination, Harassment, and/or Retaliation are located in policy FFDA (LOCAL) 

                Definitions and Examples
                Reporting Procedures
                Investigation of Reports
                Hearing and Outcome Actions
                Confidentiality
                Appeals
                Retaliation
                Failure to Report and False Claims
 

Title IX Coordinator

Reports of prohibited conduct may be directed to the Title IX and 504/ADA Coordinator. Midland College designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Name:                 Tana Baker
Position:              Title IX Coordinator/504 Coordinator/Compliance Officer
Address:              3600 N. Garfield, Scharbauer Student Center, Room 131, Midland, TX 79705
Telephone:          (432) 685-4781
E-mail:                 tbaker@midland.edu
Webpage:           Title IX/Sexual Misconduct webpage 
 

Title IX Hearing and Appeals

The Title IX hearing and appeal process will follow current Department of Education Office of Civil Rights guidelines. The current guidelines are here. Title IX Hearings and appeals follow the procedures found here.

Student Code of Conduct

Federal, State, and Local Law

Violations of federal, state, or local law or Midland College policies, procedures, or rules, including the student handbook shall be prohibited.

The following topics regarding Student Conduct are located in policy FLB (LOCAL) 

                Definitions
                Responsibility
                Prohibited Conduct
                Discipline

Prohibited weapons are addressed in policy CHF (LOCAL)

The following topics regarding Alcohol and Drug Use are located in policy FLBE (LOCAL) 

                Prohibited Conduct Regarding Alcohol
                Prohibited Conduct Regarding Controlled Substances
                Exceptions
                Prohibited Conduct Regarding Paraphernalia
                Violations
 

Gang Free Zone

A gang free zone is a designated area around a specific location where certain gang related activity is prohibited and is subject to increased penalty under Texas Law. There are many such locations designated in Texas including the property belonging to institutions of higher education. Premises owned, rented or leased by Midland College and areas within 1,000 feet of the premises are designated as “gang-free” zones. Certain criminal offenses, including those involving gang-related crimes, will be enhanced to the next highest category of offense if committed in a gang-free zone by an individual 17 years or older. See Texas Penal Code, Section 71.028.

Discipline and Penalties

Information regarding Discipline Procedures are located in policy FMA (LOCAL) 

Information regarding Penalties for Student Misconduct are located in policy FM (LOCAL) 

Grievances and Complaints

In reference to policy FLD (LOCAL), the terms “complaint” and “grievance” shall have the same meaning

Midland College encourages students to discuss their concerns with the appropriate instructor or other campus administrator who has the authority to address the concerns. Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level. Informal resolution shall be encouraged but shall not extend any deadlines in this policy, except by mutual written consent.

A student may initiate the formal process described below by timely filing a written complaint form. Even after initiating the formal complaint process, students are encouraged to seek informal resolution of their concerns. A student whose concerns are resolved may withdraw a formal complaint at any time. The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.

 

Complaint Process

The Complaint process detailing the topics and steps below is located in policy FLD (LOCAL) 

                General Provisions
                Untimely Fillings
                Costs Incurred
                Level One Complaint
                Level Two Complaint
                Level Three Complaint
                Level Four Complaint

 

Ground for Course Complaints

Course grade complaints shall be confined to the following:

  1. The course grade was assigned in an arbitrary and capricious manner;
  2. The course grade did not adhere to the grading standards prescribed in the course syllabus;
  3. The instructor made an error in the course grade calculation or reporting;
  4. A clerical error was made in the transmittal of a final course grade to the registrar’s office or by the registrar’s office.

Grade complaint form

Other Complaint Processes

Student complaints shall be filed in accordance with this policy, except as required by the policies listed below. Some of these policies require appeals to be submitted in accordance with policy FLD (LOCAL) after the relevant complaint process:

  1. Complaints alleging discrimination or harassment based on race, color, sex, gender, national origin, disability, age, or religion. [See policies FFDA and FFDB]
  2. Complaints concerning retaliation relating to discrimination and harassment. [See FFDA and FFDB]
  3. Complaints concerning disciplinary decisions. [See policy FMA (LOCAL)]
  4. Complaints concerning a commissioned peace officer who is an employee of the College District. [See policy CHA]
  5. Complaints concerning the withdrawal of consent to remain on campus. [See policy GDA]
  6. Complaints concerning course grades shall be addressed in accordance with the Complaint Process. Level One complaint forms shall be timely filed within ten days of the final course grade publication. All other time lines shall require filing or responding within five days instead of ten days [See policy FLD and FLDB

Other complaint form

Sex Offender Registration

Not later than the seventh day after the date on which the person begins to attend school, a person required to register under Code of Criminal Procedure 62.152 or any other provision of Code of Criminal Procedure Chapter 62, who is a student at Midland College shall report that fact to the campus Chief of Police.

Full legal requirement regarding sex offender registration here

Solicitation

Student solicitation policy here

Student Expression

The following topics regarding Student Expression and Use of Campus Facilities are located in policy FLA (LOCAL) 

                Distribution of Literature
                Use of Facilities and Grounds
                Identification
                Violations
                Appeals

Student Records

The College President shall develop and maintain a comprehensive system of student records and reports dealing with all facets of Midland College program operation and shall ensure through reasonable procedures that records are accessed by authorized persons only, as allowed by this policy. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for utilization by authorized school officials.

Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of education records and guidelines for appropriately using and releasing student education records.  Students have the right to inspect and review their records, request an amendment to the record if he/she feels there is an error, and also has the right to have some control over the release of their records (with some exceptions).

To learn more about FERPA, see https://www.midland.edu/about/public-info/ferpa.php

Custodian of Records

The Registrar is custodian of all records for currently enrolled students and for all official academic records, academic status records, and all other records.

Registrar:               Crystal Velasquez
Office:                    208 SSC
Phone:                   432.685.4513
E-mail:                   crystalv@midland.edu
 

Types of Education Records

Education records may include:

1.  Admissions data and personal and family data.
2.  Standardized test data, including intelligence, aptitude, interest, personality, and social adjustment ratings.
3.  All achievement records, as determined by tests, recorded grades, and teacher evaluations.
4.  Attendance record.
5.  Records of faculty, counselors, or administrative conferences with the student or pertaining to the student.
6.  Disciplinary records, including scholastic disciplinary actions.
7.  Copies of correspondence with parents and others concerned with the student.
8.   Records transferred from secondary schools and other post-secondary institutions in which the student has been enrolled.
9.   Records pertaining to participation in student activities including academic awards or recognition by Midland College.
10. Information relating to student participation in special programs.
11. Records of tuition and fees paid and outstanding.
12. Financial aid records.
13. Job placement records.
14. Scholarships or other financial awards.
15. Records pertaining to student complaints.
16. Other records that may contribute to understanding of the student.
 

Request Procedures

Midland College shall make a student’s records available to the student. The records custodian or designee shall use reasonable procedures to verify the requestor’s identity before disclosing student records containing personally identifiable information.

Records may be reviewed in person during regular business hours without charge upon written request to the records custodian.  For in-person viewing, the records custodian or designee shall be available to explain the record and to answer questions. The confidential nature of the student’s records shall be maintained at all times. Records to be viewed shall be restricted to use only in the College President’s office or other restricted area designated by the records custodian. The original copy of the record or any document contained in the comprehensive record shall not be removed from the school.

Copies of records must be requested in writing and shall be available at a per copy cost, payable in advance.  For copy cost information, please see the Registrar’s Office in the Scharbauer Student Center.  Financial hardship cases shall be dealt with on an individual basis. A student may be denied copies of records if he or she fails to follow proper procedures or pay the copying charge.

Directory Information

Directory information shall be released to a qualified individual or organization that files a written request with the College President or designee. This information may be released to the general public without the written consent of the student.  A student may request that all or part of the general information be withheld from the public by contacting the Custodian of Records.

Directory information includes:

  • Name
  • Date and place of birth
  • Address
  • Telephone
  • All email addresses
  • Major field of study
  • Number of hours currently enrolled
  • Classification
  • Participation in officially recognized activities and sports
  • Weight and height of athletic team members
  • Dates of attendance
  • Degrees candidacy, degrees, and awards received
  • Most recent educational agency or institution attended
  • Photographs that may be used in Midland College publications, videos, or Internet

Upon application to Midland College, students are informed of Directory Information. To prevent the release of Directory Information, students must notify the Department of Student Records within five days of application submission.

Policies regarding access to records by someone other than students (as listed below) can be found at FJ (LOCAL) 

Access by School Officials
Access by Parents

Transcripts and Transfer of Records

Midland College may request transcripts from previously attended schools for students transferring into Midland College; however, the ultimate responsibility for obtaining transcripts from sending schools rests with the student.

For purposes of a student’s enrollment or transfer, Midland College shall promptly forward education records upon request to officials of other schools or school systems in which the student intends to enroll or enrolls.  Midland College may return an education record to the school identified as the source of the record.

Procedures to Amend Name or Gender

Name Change

Name Change requires the legal court document (with the court seal and judge’s signature) giving us the paper trail from the name we have the student under to the name that the student is requesting to be changed to. The student must also bring in a current and valid social security card reflecting the name change.

 A preferred first name is a name by which you are normally addressed, and is different from your legal first name. Submitting a preferred first name for common use will not remove or alter the legal first name. While preferred first names do not require approval from the college for use, Midland College officials reserve the right to review preferred first name records. Preferred first names that are deemed by the Enrollment Management Committee as inappropriate for reasons including, but not limited to, avoidance of a legal obligation, fraud, use of obscene or offensive language, or misrepresentation will be removed and their use ceased. Students using preferred first names in this manner may also be subject to disciplinary actions.

A preferred first name may not be used where use of the legal name is required by policies applicable to the College, the State of Texas or in accordance with local, state, or federal laws and regulations.

Gender Change

Gender change must include the legally approved change of gender court document with the court’s seal and judge’s signature, along with the current and valid DL/State issued ID reflecting the change.  Changing a name from what appears to be one gender to another is not enough to legally change the gender in the student’s school records.

Procedure to Amend Records

Within 15 Midland College business days of the record custodian’s receipt of a request to amend records, Midland College shall notify the student in writing of its decision on the request and, if the request is denied, of his or her right to a hearing. If a hearing is requested, it shall be held within ten Midland College business days after the request is received.

Students shall be notified in advance of the date, time, and place of the hearing.  An administrator who is not responsible for the contested records and who does not have a direct interest in the outcome of the hearing shall conduct the hearing. The student shall be given a full and fair opportunity to present evidence, and at his or her own expense, may be assisted or represented at the hearing.

The student shall be notified of the decision in writing within ten Midland College business days of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision. If the decision is to deny the request, the student shall be informed that he or she has 30 Midland College business days within which to exercise his or her right to place in the record a statement commenting on the contested information and/or stating any reason for disagreeing with the Midland College’s decision.

Complaints Regarding Education Records

For information on complaints regarding Education Records, see the Grievance and Complaints process above.

If a student, the parent of a student, or any other individual has a complaint that an official of the College is violating records policy or process, and the complaint cannot be satisfactorily resolved within the College, that person has the right to file a complaint with the Department of Education by contacting:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
 

Searches of Students and Property

The following topics regarding Student Interrogations and Searches are located in policy FLC (LOCAL) 

Campus Housing

Procedures regarding Campus Housing searches, are published in the Campus Housing Regulations.  For information, please contact the Student Life Department in the Scharbauer Student Center.

Drug Testing - Athletics

Procedure for drug testing in the athletic department.

Drug Testing - Internships/Clinicals

Drug tests (urine screens) and criminal background checks are frequently requirements for employment, especially at health care facilities. Such requirements are often in place for students who rotate through health-related facilities as part of required educational experiences, such as practica. Students can expect and should be prepared for them.

Students must be aware that:

  1. If a drug test and/or a criminal background check is required for enrollment and or participation in any course or school-related activity, the expense for the test and/or check will be borne by the student or requesting agency.
  2. If a student fails to pass a drug test and/or a criminal background check they may be ineligible for enrollment and/or participation in the course/activity being sought.
  3. Midland College does not accept responsibility for any student being ineligible for coursework or continued enrollment in the School for any reason, including failure to pass a drug test or criminal background check.

If criminal background checks are required by the host organization or agency, students will provide the results of a criminal background check as mandated by the regulations of the host organization/agency.

If drug screening is required by the host organization or agency, students will provide the results of drug screening examination as mandated by the regulations of the host organization/agency.