Student Rights & Responsibilities

All Midland College policies are available online. Please note, the Midland College Policy Manual is hosted on an external server.

Conduct

Definitions

“Cheating” shall include, but shall not be limited to:

1. Copying from another student’s test or class work;
2. Using test materials not authorized by the person administering the test;
3. Collaborating with or seeking aid from another student during a test without permission from the test administrator;
4. Knowingly using, buying, selling, stealing, or soliciting, in whole or in part, the contents of an unadministered test, paper, or another assignment;
5. The unauthorized transporting or removal, in whole or in part, of the contents of the unadministered test;
6. Substituting for another student, or permitting another student to substitute for one’s self, to take a test;
7. Bribing another person to obtain an unadministered test or information about an unadministered test; or
8. Manipulating a test, assignment, or final course grades.

“Plagiarism” shall be defined as the appropriating, buying, receiving as a gift, or obtaining by any means another’s work and the unacknowledged submission or incorporation of it in one’s own written work.

“Collusion” shall be defined as the unauthorized collaboration with another person in preparing written work for fulfillment of course requirements.

1. Behavior of a boisterous and tumultuous character such that there is a clear and present danger of alarming persons where no legitimate reason for alarm exists.
2. Interference with the peaceful and lawful conduct of persons under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
3. Violent and forceful behavior at any time such that there is a clear and present danger that free movement of other persons will be impaired.
4. Behavior involving personal abuse or assault when such behavior creates a clear and present danger of causing assaults or fights.
5. Violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.
6. Willful and malicious behavior that interrupts the speaker of any lawful assembly or impairs the lawful right of others to participate effectively in such assembly or meeting when there is reason to believe that such conduct will cause or provoke a disturbance.
7. Willful and malicious behavior that obstructs or causes the obstruction of any doorway, hall, or any other passageway in a Midland College building to such an extent that the employees, officers, and other persons, including visitors, having business with the College are denied entrance into, exit from, or free passage in such building.

1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;
2. Seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
3. Preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
4. Disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
5. Obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.

Hazing - “Hazing” means any intentional, knowing, or reckless act, occurring on or off the campus of Midland College by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:

1. Is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
2. Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
3. Involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance. other than described by item 5, that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4. Is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.
5. Involves coercing, as defined by Penal Code 1.07, the student to consume a drug or an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Penal Code 49.01. 

Dating Violence - “Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the Clery Act definition of domestic violence.

Sexual Assault - “Sexual assault” means sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse.

Stalking - “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. For the purposes of this definition:

1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 
2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.

Prohibited Substance is defined as:

1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
2. Any abusable glue, aerosol paint, or any other volatile chemical substance for inhalation.
3. Any performance-enhancing substance, including steroids.
4. Any designer drug.
5. Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.

Responsibility

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.

Prohibited 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.

Prohibited Weapons

Possession, distribution, sale, or use of firearms, location-restricted knife, clubs, knuckles, or other prohibited weapons, as described law, without prior written approval by the College President or designee shall be prohibited.

Additionally, the following weapons are prohibited on Midland College property or at any Midland College sponsored or related activity. 

1. Fireworks of any kind;
2. Incendiary devices;
3. Instruments designed to expel a projectile with the use of pressured air, like a BB gun; 
4. Razors;
5. Chains; or
6. Martial arts throwing stars.

The possession or use of articles not generally considered to be weapons may be prohibited when the College President or designee determines that a danger exists for any student, Midland College employee, or Midland College property by virtue of possession or use. 

Drugs and Alcohol

Alcohol

A student shall be prohibited from using, possessing, controlling, manufacturing, transmitting, distributing, selling, or being under the influence of intoxicating beverages in classroom buildings, laboratories, auditoriums, library buildings, museums, faculty and administrative offices, intercollegiate and intramural athletic facilities, and all other public campus areas. With the prior consent of the Board or the Board’s designee, the provisions herein may be waived with respect to any specific event that is sponsored by Midland College. State law shall be strictly enforced at all times on all property controlled by Midland College in regard to the possession and consumption of alcoholic beverages.

Controlled Substances

No student shall possess, use, control, manufacture, transmit, distribute, sell, or attempt to possess, use, control, manufacture, transmit, distribute, sell, or be under the influence of, any of the following substances on College District premises or off premises at a College District-sponsored activity, function, or event:

1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
2. Any abusable glue, aerosol paint, or any other volatile chemical substance for inhalation.
3. Any performance-enhancing substance, including steroids.
4. Any designer drug.
5. Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.

The transmittal, sale, or attempted sale of what is represented to be any of the above-listed substances shall also be prohibited under this policy.

Exceptions:

A student:

1. Uses or possesses a controlled substance or drug authorized by a licensed physician through a prescription specifically for that student’s use;
2. Possesses a controlled substance or drug that a licensed physician has prescribed for the student’s child or other individual for whom the student is a legal guardian;
3. Cultivates, possesses, transports, or sells hemp as authorized by law; or
4. Possesses, sells, or distributes Dextromethorphan

Paraphernalia

The use, possession, control, manufacture, transmission, distribution, or sale of paraphernalia related to any prohibited substance is prohibited.

Debts

Owing a monetary debt to Midland College that is considered delinquent or writing an “insufficient funds” check to Midland College shall be prohibited.

Students who owe delinquent debts to Midland College are subject to one or more of the following actions:

1. Denial of admission to classes.
2. Denial of readmission.
3. Withholding of the student’s official transcript.
4. Withholding of a degree to which the student otherwise would be entitled.
5. Legal action.

Disruptions

A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity or disorderly conduct as described above.

Behavior Targeting Others

The following behavior targeting others shall be prohibited:

1. Threatening another person, including a student or employee;
2. Intentionally, knowingly, or negligently causing physical harm to any person;
3. Engaging in conduct that constitutes harassment (see below), bullying, sexual assault, stalking, or dating violence directed toward another person, including a student or employee;
4. Hazing with or without the consent of a student (see below);
5. Initiations by organizations that include features that are dangerous, harmful, or degrading to the student, a violation of which also renders the organization subject to appropriate discipline; and
6. Endangering the health or safety of members of the Midland College community or visitors to the premises.

Hazing

A person commits an offense if the person:

1. Engages in hazing (as defined above).
2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
3. Has first-hand knowledge of the planning of a specific hazing incident involving a student in an educational institution, including Midland College, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.

An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.

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.

Property

The following behavior regarding property shall be prohibited:

1. Intentionally, knowingly, or negligently defacing, damaging, misusing, or destroying Midland College property or property owned by others;
2. Stealing from Midland College or others; and
3. Theft, sabotage, destruction, distribution, or other use of the intellectual property of Midland College or third parties without permission.

Directives

Failure to comply with directives given by Midland College personnel, and failure to provide identification when requested to do so by Midland College personnel shall be prohibited.

Tobacco and E-cigarettes

Possession or use of tobacco products or e-cigarettes on Midland College property outside of approved areas or without authorization shall be prohibited.

Misuse of Technology

The following behavior regarding misuse of technology shall be prohibited:

1. Violating policies, rules, or agreements signed by the student regarding the use of technology resources;
2. Attempting to access or circumvent passwords or other security-related information of Midland College, students, or employees or uploading or creating computer viruses;
3. Attempting to alter, destroy, disable, or restrict access to Midland College technology resources including but not limited to computers and related equipment, Midland College data, the data of others, or other networks connected to Midland College’s system without permission;
4. Using the internet or other electronic communications to threaten Midland College students, employees, or volunteers;
5. Sending, posting, or possessing electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal;
6. Using email or websites to engage in or encourage illegal behavior or threaten the safety of Midland College, students, employees, or visitors; and
7. Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten the safety of Midland College, students, employees, or visitors.

Dishonesty

The following behavior regarding dishonesty shall be prohibited:

1. Scholastic dishonesty, as defined above;
2. Making false accusations or perpetrating hoaxes regarding the safety of Midland College, students, employees, or visitors;
3. Intentionally or knowingly providing false information to Midland College; and
4. Intentionally or knowingly falsifying records, passes, or other Midland College-related documents.

Gambling and Other Conduct

Gambling or engaging in any other conduct that Midland College officials might reasonably believe will substantially disrupt Midland College’s program or incite violence shall be prohibited.

Prohibited Sexual Conduct

In this policy, the term “prohibited conduct” includes discrimination, harassment, dating violence, stalking, and retaliation as described by this policy, even if the behavior does not rise to the level of unlawful conduct.

Discipline and Penalties

A student shall be subject to discipline for violations of Midland College’s policies and procedures, including the rules outlining expectations for student conduct as described above. If a student commits an infraction or engages in misconduct, Midland College may impose one or more of the following penalties:

1. Reprimand - A verbal or written warning to the student following a rule violation. Repetition of such misconduct may result in more severe disciplinary action.
2. Restitution - Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damage.
3. Scholastic penalties - The assignment of a failing grade on an assignment or examination or in a course by an instructor based on scholastic dishonesty; including cheating, collusion, and plagiarism; committed by a student. The instructor shall submit a written report of the incident and of the planned action to the instructor’s dean.
4. Conditional Probation - The placing of a student on notice that continued infraction of regulations may result in suspension or expulsion from Midland College. Conditional probation may include restrictions on a student’s rights and privileges or specified community service. The probation may be for a specified length of time or for an indefinite period according to the relative severity of the infraction or misconduct. Failure to fulfill the terms of the probation may lead to suspension or expulsion.
5. Suspension - Forced withdrawal from Midland College for either a definite period of time or until stated conditions have been met. Normally, suspension shall extend through a minimum of one regular long semester (with summer sessions not counting in the one semester minimum time lapse). However, suspension may exceed the one semester minimum.
6. Expulsion - Permanent forced withdrawal from Midland College. A student receiving disciplinary expulsion shall have the action noted in the student’s permanent record.

Suspended or Expelled Students

No former student who has been suspended or expelled from Midland College for disciplinary reasons shall be permitted on the campus or other facilities of the College, initiated into an honorary or service organization, or permitted to receive credit for academic work done in residence or by correspondence or extension during the period of suspension or expulsion without the prior written approval of the College President or a designated representative.

Disciplinary Record

Midland College shall maintain for every student alleged or determined to have committed misconduct at the College, a disciplinary record that shall reflect the charge, the disposition of the charge, the sanction assessed, if any, and any other pertinent information. The disciplinary record shall be separate from the student’s academic record and shall be treated as confidential; the contents shall not be revealed except on request of the student or in accordance with applicable state or federal laws.

The disciplinary record shall be maintained permanently in the event that a student is expelled or subject to an extended suspension. In all other cases, the disciplinary record shall be maintained in accordance with Midland College’s record retention schedule.

Exemptions

MC will not take any disciplinary action against a student enrolled who in good faith reports being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.

This prohibition does not apply to a student who reports the student’s own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, or stalking.

MC may investigate to determine whether a report of an incident of sexual harassment, sexual assault, dating violence, or stalking was made in good faith. MC has discretion to determine good faith, but in no event will good faith exist if the student is found responsible for sexual harassment, sexual assault, dating violence, or stalking at or near the time of the incident. A determination that a student is entitled to amnesty is final and may not be revoked.

Discipline Procedures

Reports of Alleged Misconduct

Midland College faculty and staff shall submit an alleged violation or violations of Midland College policies and procedures, including the rules for student conduct (as described above), committed by a student to the vice president of student services or designee within a reasonable time following an alleged incident, not to exceed ten Midland College business days. The allegations must be submitted in writing, through traditional or electronic means, and must describe the violation and any surrounding facts.

The vice president of student services or designee shall investigate the matter as necessary. If an allegation is deemed to be unfounded, the vice president of student services or designee shall dismiss the allegation and shall provide the student written notice that the allegation of misconduct was made against the student and that the allegation was dismissed.

Conference

If, however, the vice president of student services or designee determines that the allegation warrants further consideration, the vice president of student services or designee shall summon the student for a conference to be held within a reasonable time, not to exceed ten Midland College business days, following the receipt of the allegation of misconduct.

At the conference, the vice president of student services or designee shall notify the student of the allegation or allegations and provide the student an opportunity to respond.

Unfounded Allegations

After conferring with the student, if the vice president of student services or designee determines that the student did not commit a violation, the allegation or allegations shall be dismissed as unfounded. The student shall be provided written notice of the dismissal.

Misconduct Warranting a Penalty

If the vice president of student services or designee determines that the student committed misconduct that warrants a penalty other than suspension or expulsion, the vice president of student services or designee shall provide the student written notice of the penalty and the student’s right to appeal to the disciplinary appeals committee.

Suspension

If the vice president of student services or designee determines that the student committed misconduct that warrants a suspension, the vice president of student services or designee shall inform the student in writing of the determination, and a hearing shall be scheduled for consideration by the disciplinary appeals committee as described below.

Expulsion

If the vice president of student services or designee determines that the student committed misconduct that warrants expulsion, the official shall inform the student in writing of the determination. The vice president of student services or designee shall schedule an expulsion hearing before the expulsion hearing committee [see Expulsion Hearing, below].

Interim Disciplinary Action

The vice president of student services or designee may take immediate disciplinary action, including suspension pending a hearing, against a student for policy violations if the continuing presence of the student poses a danger to persons or property or an ongoing threat of disrupting the educational environment.

Disciplinary Appeals Committee

The disciplinary appeals committee shall be convened:

1. On request of a student appealing a penalty other than suspension or expulsion. The request must be filed in writing, on a form provided by Midland College, within ten College business days of the date of the administration’s written notice.
2. Automatically, if the vice president of student services or designee determines that a student committed misconduct warranting suspension.

Composition

The disciplinary appeals committee shall be composed of at least three Midland College employees. The members of the disciplinary appeals committee and the committee chairperson shall be designated according to procedures developed by the College President. All members of the disciplinary appeals committee shall be eligible to vote during the hearing.

Hearing Notice

The vice president of student services or designee shall notify the student by letter of the date, time, and place for the hearing. Unless the student and the vice president of student services or designee otherwise agree, the hearing shall take place within a reasonable time period, not to exceed ten Midland College business days after the date of the student’s request for the hearing or the vice president of student services or designee’s determination that the student should be suspended.

Contents of Notice

The notice shall:

1. Direct the student to appear on the date and at the time and place specified.
2. Advise the student of his or her rights:
   1. To have a private hearing.
   2. To be assisted by an advisor or legal counsel at the hearing.
   3. To call witnesses, request copies of evidence in Midland College’s possession, and offer evidence and agreement on his or her own behalf.
   4. To make an audio recording of the proceedings, after first notifying the vice president of student services or designee in advance of the hearing, or, at the student’s own expense, to have a stenographer present at the hearing to make a stenographic transcript of the hearing.
   5. To ask questions of each witness who testifies against the student.
3. Contain the names of witnesses who will testify against the student and a description of documentary and other evidence that will be offered against the student.
4. Contain a description of the allegations of misconduct in sufficient detail to enable the student to prepare his or her defense against the charges.
5. State the proposed punishment or range of punishments that may be imposed.

Failure to Appear for Hearing

The disciplinary appeals committee may impose appropriate punishment upon a student who fails without good cause to appear for the hearing; for purposes of assessing punishment, the committee may proceed with the hearing in the student’s absence.

Hearing Procedure

The hearing shall proceed as follows:

1. The chairperson shall read the description of the misconduct.
2. The chairperson shall inform the student of his or her rights.
3. The designated official or representative shall present Midland College’s case.
4. The student or representative shall present the student’s defense.
5. The designated Midland College official or representative shall present rebuttal evidence.
6. The committee members may ask questions of witnesses testifying on behalf of the student or Midland College.
7. The designated official or representative shall summarize and argue Midland College’s case.
8. The student or representative shall summarize and argue his or her case.
9. The designated official or representative shall have an opportunity for rebuttal argument.
10. The committee members shall deliberate in closed session. The committee members shall vote on the issue of whether or not the student violated Midland College policies and procedures, including the rules for student conduct.
11. If the committee finds the student did commit misconduct, the committee shall determine whether the penalty assessed, or proposed in the case of suspension, by the vice president of student services or designee is appropriate and, if necessary, shall assess a different or additional penalty.
12. The committee chairperson shall communicate the decision and any findings of facts in support of the committee’s decision to the student in writing within ten Midland College business days of the hearing. The notice shall include procedures for appealing the committee’s decision to the College President.

All hearings shall be recorded by Midland College. A stenographic digest of the recording shall be made if needed for an appeal, and, on request, the student shall be given a copy of the digest. The student or the student’s representative may listen to the tape recording and compare it with the digest.

Evidence

Evidence shall be handled in accordance with the following:

1. Legal rules of evidence do not apply; the committee chairperson may admit evidence or exclude evidence considered to be irrelevant, immaterial, and unduly repetitious.
2. At the hearing, Midland College shall be required to prove by a preponderance of the evidence that the charges are true.
3. A student may not be compelled to testify.
4. The committee shall determine if a violation has occurred and assess an appropriate penalty based solely on the evidence presented at the hearing.

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.

Expulsion Hearing

If the vice president of student services or designee determines that the student’s misconduct warrants expulsion [see Conference, above], the expulsion hearing committee shall convene to conduct an expulsion hearing. The vice president of student services or designee shall inform the student of the date, time, and place of the expulsion hearing committee. The notice shall contain the contents described at Disciplinary Appeals Committee-Contents of Notice, above.

The vice president of student services or designee shall provide the expulsion hearing committee the documentation.

The expulsion hearing committee shall proceed according to the procedures set out at Disciplinary Appeals Committee-Failure to Appear for Hearing, Hearing Procedure, Evidence, above, with the expulsion hearing committee substituted for references to the disciplinary appeals committee.

Composition

The expulsion hearing committee shall be composed of at least three Midland College employees at the administrative and academic officer level. The members of the expulsion hearing committee and the committee chairperson shall be designated according to procedures developed by the College President. All members of the expulsion hearing committee shall be eligible to vote during the hearing.

Appeal to Midland College Administration

A student may, within ten Midland College business days of receiving the written decision of the disciplinary appeal committee or expulsion hearing committee, as applicable, , petition in writing the College President to review the decision. The student’s petition shall state with particularity why the decision is believed to be incorrect. After receiving notice of the appeal, the disciplinary appeals committee chairperson shall forward all evidence considered during the hearing, the audio recording of the hearing, and the digest of the hearing, if applicable, to the College President.

The College President shall hold a conference within ten Midland College business days after the appeal notice is filed. At the conference, the student may provide information concerning any documents or information relied on by the committee. The College President may set reasonable time limits for the conference. The conference shall be audio recorded.

The College President shall provide the student a written response, stating the basis of the decision, within ten Midland College business days following the conference. In reaching a decision, the College President may consider the evidence included in the student’s petition, provided during the conference, and forwarded by the committee chairperson. The College President may act to affirm, modify, remand, or reverse the decision of the disciplinary appeals committee.

Appeal to Board

If the College President affirmed or modified the decision of the disciplinary appeals committee or if the time for a response has expired, the student may appeal the decision to the Board. The appeal notice must be filed in writing, on a form provided by Midland College, within ten Midland College business days after receipt of the written response from the College President, or, if no response was received, within ten Midland College business days of the response deadline.

The College President or designee shall inform the student of the date, time, and place of the Board meeting at which the appeal will be on the agenda for presentation to the Board.

The College President or designee shall provide the Board the evidence presented to the College President, as well as the audio recording of the College President’s conference with the student and the written response provided by the College President to the student.

Midland College shall determine whether the appeal will be presented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law.

The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the student and the administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the appeal and may request that the administration provide an explanation for the decisions at the preceding levels.

In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the hearing. The hearing, including the presentation by the student or the student’s representative, any presentation from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio recording, or court reporter.

The Board shall then consider the evidence. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If for any reason the Board fails to reach a decision regarding the evidence by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the vice president of student services decision.

Equity and Nondiscrimination

Report violations using the Discrimination/Sexual Harassment Form. 

Statement of Nondiscrimination

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

Definitions and Examples

Discrimination against a student is defined as conduct directed at a student on the basis of sex, gender, race, color, national origin, religion, or disability that adversely affects the student.

Sexual Harassment by an Employee

Sexual harassment of a student by Midland College employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

1. A Midland College employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
2. The conduct is so severe, persistent, or pervasive that it limits or denies the student’s ability to participate in or benefit from Midland College’s educational program.

Sexual Harassment by Others

Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from the Midland College’s educational program.

Sexual Violence

Sexual violence is a form of sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

Examples of Sexual Harassment

Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; rape; sexual assault; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact.

Physical contact not reasonably construed as sexual in nature is not sexual harassment.

Gender-Based Harassment

Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity. For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct limits or denies a student’s ability to participate in or benefit from Midland College’s educational program.

Examples of Gender-Based Harassment

Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.

Other Harassment

Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, national origin, disability, age, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct limits or denies a student’s ability to participate in or benefit from Midland College’s educational program.

Examples of Other Harassment

Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening, intimidating, or humiliating conduct; offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.

Retaliation

The College District prohibits retaliation against a student who makes a claim alleging to have experienced prohibited conduct or a person who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation. This prohibition does not apply to discipline of a person who perpetrated or assists in the perpetration of the prohibited conduct.

Examples of Retaliation

Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

Prohibited Conduct

In this procedure, the term “prohibited conduct” includes discrimination, harassment, and retaliation as defined by the published policy, even if the behavior does not rise to the level of unlawful conduct.

Failure to Report and False Claims

An employee who fails to make a required report or a student or employee who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding prohibited conduct shall be subject to appropriate disciplinary action.

Coordinator Information

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

Reporting Procedures

A victim of prohibited conduct has the right to report the incident to Midland College and to receive a prompt and equitable resolution of the report.

Student Reporting

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to the Title IX Coordinator or another employee or submit the report electronically through the Discrimination/Sexual Harassment Form. The submission of an anonymous electronic report may impair Midland College’s ability to investigate and address the prohibited conduct or provide supportive measures or interim actions to parties involved.

Employee Reporting

Any College District employee who suspects or receives notice that a student or group of students has or may have experienced prohibited conduct, regardless of when or where the incident occurred, shall immediately notify the Title IX coordinator and shall take any other steps required by this policy. Additionally, the employee may report to the College President or designee. 

A report against the College President must also be made directly to the Board. If a report is made directly to the Board, the Board shall appoint an appropriate person to conduct an investigation.

Exceptions - Disclosure at Event

A person who received the information solely from a disclosure at a sexual harassment, sexual assault, dating violence, or stalking public awareness event sponsored by a postsecondary educational institution or by a student organization affiliated with the institution is not required to report the prohibited conduct.

Exceptions - Employee Subject to Confidentiality Rules

Absent the student’s consent, or unless required by law, a confidential employee shall only be required to disclose the type of incident reported and may not disclose information that would violate the student’s expectation of privacy. If multiple confidential employees receive information about the same alleged incident, then only one report disclosing the type of incident must be submitted.

Prior Report

A person who has either learned of an incident of prohibited conduct during the course of the College District’s review or process, or has confirmed with the person or office overseeing the review or process that the incident has been previously reported, is not required to report the prohibited conduct.

Alternative Reporting Procedures

A student shall not be required to report prohibited conduct to the person alleged to have committed the conduct. Reports concerning prohibited conduct, including reports against the Title IX coordinator, may be directed to the College President.

Timely Reporting

Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair Midland College’s ability to investigate and address the prohibited conduct or provide supportive measures or interim actions to parties involved.

Exceptions - Student Reporting

Absent consent or unless required by law, a student designated in administrative regulations as a student advocate to whom another student may speak confidentially concerning prohibited conduct may not disclose any communication made by the other student.

Investigation

Midland College may request, but shall not require, a written report. If a report is made orally, the Midland College official shall reduce the report to written form.

Initial Assessment

Complaint Regarding Discrimination on the Basis of Sex or Gender

Upon receipt or notice of a report, Midland College’s official shall determine whether the allegations, if proven, would constitute prohibited conduct. If so, Midland College’s official shall immediately notify the parties to the complaint of the allegations and the formal and informal options for resolution of the complaint.

If Midland College’s official determines that the allegations, if proven, would not constitute prohibited conduct as defined by this policy but may constitute a violation of other College rules or regulations, the Midland College official shall refer the complaint for consideration under the appropriate policy.

If the parties voluntarily agree to participate in informal resolution of the complaint, Midland College’s official shall determine if informal resolution is appropriate for the complaint. If the official determines that informal resolution is appropriate, then the official may facilitate that resolution. If the official does not determine informal resolution to be appropriate, then the complaint will be subject to the formal resolution process.

If any of the parties decline to participate in informal resolution of the complaint or Midland College’s official finds informal resolution of the complaint to be inappropriate, Midland College’s official shall authorize or undertake an investigation, except as provided below at Criminal Investigation.

Complaint Regarding Discrimination on the Basis of Race, Color, Religion, National Origin, Disability, Age, or Any Other Basis Prohibited by Law.

Upon receipt or notice of a report, Midland College’s official shall determine whether the allegations, if proven would constitute prohibited conduct.  If so, Midland College’s official shall immediately authorize or undertake an investigation, except as provided below at Criminal Investigation.

If Midland College’s official determines that the allegations, if proven, would not constitute prohibited conduct, Midland College’s official shall refer the complaint for consideration under the appropriate policy.

Informal Resolution

If the parties voluntarily agree to participate in informal resolution of the complaint, the Midland College official shall determine if informal resolution is appropriate for the complaint. If the official determines that informal resolution is appropriate, then the official may facilitate that resolution. If the official does not determine informal resolution to be appropriate, then the complaint will be subject to the formal resolution process.

Formal Resolution

If any of the parties decline to participate in informal resolution of the complaint or the Midland College official finds informal resolution of the complaint to be inappropriate, the College official shall authorize or undertake an investigation, except as provided below at Criminal Investigation.

Interim Action

If appropriate and regardless of whether a criminal or regulatory investigation regarding the alleged conduct is pending, the College District shall promptly take interim action calculated to address prohibited conduct and protect the victim from retaliation prior to the completion of the College District’s investigation. Examples of possible accommodations and supportive measures include academic accommodations, housing and dining modifications, counseling, and health services.

Supportive Measures

Midland College will provide, as appropriate, individualized services to either or both, the reporting and responding parties involved in an alleged incident of sexual misconduct, prior to the investigation or while the investigation is pending, and may remain in place after completion of the investigation. The measures may include counseling, course related adjustments, modifications of class schedule, restrictions on contact between parties, changes in housing locations, and other similar accommodations.

Midland College Investigation

The investigation may be conducted by Midland College’s official or a designee or by a third party designated by Midland College, such as an attorney. The investigator shall have received appropriate training regarding the issues related to the complaint and the relevant Midland College policy and procedures.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.

Criminal Investigation

If a law enforcement or regulatory agency notifies Midland College that a criminal or regulatory investigation has been initiated, Midland College shall confer with the agency to determine if the College’s investigation would impede the criminal or regulatory investigation. Midland College shall proceed with its investigation only to the extent that it does not impede the ongoing criminal or regulatory investigation. After the law enforcement or regulatory agency has completed gathering its evidence, Midland College shall promptly resume its investigation.

Request to Not Investigate

The alleged victim may request that Midland College not investigate the allegations. If the victim requests that the allegations not be investigated, in deciding whether to initiate the investigation, Midland College must consider the factors described by law and any other factors Midland College considers relevant.

Midland College must promptly notify the alleged victim of the decision regarding whether it will conduct the investigation. If Midland College decides not to investigate the allegations, the College must take reasonable steps to protect the health and safety of the College community.

Concluding the Investigation

Absent extenuating circumstances, such as a request by a law enforcement or regulatory agency for Midland College to delay its investigation, the investigation should be completed within ten College business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the Midland College official overseeing the investigation.

Notification of the Outcome

Midland College shall provide written notice of the outcome, within the extent permitted by the Family Educational Rights and Privacy Act (FERPA) or other law, to the victim and the person against whom the complaint is filed. The parties shall be given the opportunity to respond to the report for all investigations regarding discrimination on the basis of sex or gender.

Midland College Action

Midland College shall determine, based on the results of the investigation, whether each individual allegation of misconduct occurred using a preponderance of the evidence standard. 

Prohibited Conduct

If the results of an investigation indicate that prohibited conduct occurred, Midland College shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct, in accordance with Midland College policy and procedures (see above).

Corrective Action

Examples of corrective action may include:

• Providing a training program for those involved in the complaint;
• Providing a comprehensive education program for the Midland College community;
• Providing counseling for the victim and the student who engaged in prohibited conduct;
• Permitting the victim or student engaged in the prohibited conduct to drop a course in which they both are enrolled without penalty;
• Conducting follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred;
• Involving students in efforts to identify problems and improve Midland College’s climate;
• Increasing staff monitoring of areas where prohibited conduct has occurred; and
• Reaffirming Midland College’s policy against discrimination and harassment.

Exception

Midland College shall minimize attempts to require a student who complains of sexual harassment to resolve the problem directly with the person who engaged in the harassment; however, if that is the most appropriate resolution method, Midland College shall be involved in an appropriate manner.

Improper Conduct

If the investigation reveals improper conduct that did not rise to the level of prohibited conduct, Midland College may take disciplinary action in accordance with College policy and procedures or other corrective action reasonably calculated to address the conduct.

Confidentiality

To the greatest extent possible, Midland College shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.

Appeal for Reporting Party

A Reporting Party/Complainant may, within ten Midland College Business days of receiving the written notice of investigation determination, petition in writing, on a form provided by Midland College, to the Vice President of Student Services or designee to review only the area of original complaint. The Reporting Party/Complainant may not appeal the sanction determination of the Responding Party/Accused.

The grounds for an appeal of a policy violation by the Reporting Party/Complainant are as follows:

1. A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
2. To consider new evidence, unavailable during the original hearing or investigation that could substantially affect the original determination or sanction;

A Title IX appeals committee will review new evidence along with all original complaint materials. The committee may affirm the original outcome or determine a new outcome and sanction. The committee will provide written notice of the appeal decision to all parties within ten Midland College business days of the review.

Further appeals will follow the Midland College level three and four appeals process.

Appeal for Responding Party

A responding party who is dissatisfied with the outcome of the investigation may appeal through the disciplinary appeal process as described above.

If a party has a discrimination (including sexual harassment) complaint that cannot be satisfactorily resolved within the College, the party has the right to file a complaint with the Department of Education Office of Civil Rights by contacting The Department of Education Office for Civil Rights.

Grievances and Complaints

Policy information found at FLD.

For grievances/complaints regarding a disciplinary penalty, please see the section above on Disciplinary Appeals Committee.

For grievances/complaints regarding harassment, discrimination, or retaliation regarding harassment or discrimination please see the section above on Nondiscrimination and Equity.  Anonymous complaints may be filed using the Discrimination/Sexual Harassment Form. 

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.

Grade Appeals and 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; or
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.

If no resolution is reached, students may follow the complaint process detailed below and beginning with the Level One Grade Complaint Form. Level One complaint forms shall be timely filed within ten days of the final course grade publication. All other timelines shall require filing or responding within five days instead of ten days.

Other Grievances and Complaints

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 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.

In most circumstances, students shall file Level One complaints with the department chairperson or student services counselor. If the only administrator who has authority to remedy the alleged problem is the Level Two or Level Three administrator, the complaint may begin at Level Two or Level Three, respectively, following the procedure, including deadlines, for filing the complaint form at Level One.

Freedom from Retaliation

Neither the Board nor any Midland College employee shall unlawfully retaliate against any student for bringing a concern or complaint.

Filing

Complaint forms and appeal notices may be filed by hand-delivery, electronic communication, including e-mail and fax, or U.S. Mail. Hand-delivered filings shall be timely filed if received by the appropriate administrator or designee by the close of business on the deadline. Filings submitted by electronic communication shall be timely filed if they are received by the close of business on the deadline, as indicated by the date/time shown on the electronic communication. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated representative no more than three days after the deadline.  Complaint forms are available online. 

Scheduling Conferences

Midland College shall make reasonable attempts to schedule conferences at a mutually agreeable time. If a student fails to appear at a scheduled conference, Midland College may hold the conference and issue a decision in the student’s absence.

Response

At Levels One, Two, and Three, “response” shall mean a written communication to the student from the appropriate administrator. Responses may be hand-delivered, sent by electronic communication to the student’s e-mail address of record, or sent by U.S. Mail to the student’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.

Days

“Days” shall mean Midland College business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following day is “day one.”

Representative

“Representative” shall mean any person who or organization that is designated by the student to represent the student in the complaint process.

The student may designate a representative through written notice to Midland College at any level of this process. If the student designates a representative with fewer than three days’ notice to Midland College before a scheduled conference or hearing Midland College may reschedule the conference or hearing to a later date, if desired, in order to include Midland College’s counsel. Midland College may be represented by counsel at any level of the process.

Consolidating Complaints

Complaints arising out of an event or a series of related events shall be addressed in one complaint. A student shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.

Untimely Filings

All time limits shall be strictly followed unless modified by mutual written consent.

If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the student, at any point during the complaint process. The student may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.

Costs Incurred

Each party shall pay its own costs incurred in the course of the complaint.

Forms

Complaints and appeals under this policy shall be submitted in writing on a form provided by Midland College.  Grade Complaint Forms and forms for other grievances or complaints are available on the Midland College website.

Copies of any documents that support the complaint should be attached to the complaint form. If the student does not have copies of these documents, copies may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the student unless the student did not know the documents existed before the Level One conference.

A complaint or appeal form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing.

Levels

Level One

Complaint forms must be filed:

1. Within 10 days for a grade complaint and 15 days for other complaints of the date the student first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and
2. With the administrator indicated on the form.  

If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the appropriate administrator.

The appropriate administrator shall investigate as necessary and schedule a conference with the student within ten days after receipt of the written complaint. The administrator may set reasonable time limits for the conference.

Absent extenuating circumstances, the administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the administrator may consider information provided at the Level One conference and any relevant documents or information the administrator believes will help resolve the complaint.

Level Two

If the student did not receive the relief requested at Level One or if the time for a response has expired, the student may request a conference with the appropriate administrator (listed on the form) to appeal the Level One decision.

The appeal notice must be filed in writing, on a form provided by Midland College, within 5 days (grade complaint) and ten days (other complaint) of the date of the written Level One response or, if no response was received, within ten days of the Level One response deadline.

After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The student may request a copy of the Level One record.

The Level One record shall include:

1. The original complaint form and any attachments.
2. All other documents submitted by the student at Level One.
3. The written response issued at Level One and any attachments.
4. All other documents relied upon by the Level One administrator in reaching the Level One decision.

The Level Two administrator shall schedule a conference within ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level One. At the conference, the student may provide information concerning any documents or information relied on by the administration for the Level One decision. The Level Two administrator may set reasonable time limits for the conference.

The Level Two administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Level Two administrator may consider the Level One record, information provided at the Level Two conference, and any other relevant documents or information the Level Two administrator believes will help resolve the complaint.

Recordings of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records.

Level Three

If the student did not receive the relief requested at Level Two or if the time for a response has expired, the student may request a conference with the College President or designee to appeal the Level Two decision.

The appeal notice must be filed in writing, on a form provided by Midland College, within five days (grade complaints) and ten days (other complaints) of the date of the written Level Two response or, if no response was received, within ten days of the Level Two response deadline.

After receiving notice of the appeal, the Level Two administrator shall prepare and forward a record of the Level Two complaint to the Level Three administrator. The student may request a copy of the Level Two record.

The Level Two record shall include:

1. The Level One record.
2. The written response issued at Level Two and any attachments.
3. All other documents relied upon by the Level Two administrator in reaching the Level Two decision.

The Level Three administrator shall schedule a conference within ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level Two. At the conference, the student may provide information concerning any documents or information relied on by the administration for the Level Two decision. The Level Three administrator may set reasonable time limits for the conference.

The Level Three administrator shall provide the student a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Level Three administrator may consider the Level One and Level Two records, information provided at the Level Three conference, and any other relevant documents or information the Level Three administrator believes will help resolve the complaint.

Recordings of the Level One, Level Two, and Level Three conferences, if any, shall be maintained with the Level One, Level Two, and Level Three records.

Level Four

If the student did not receive the relief requested at Level Three or if the time for a response has expired, the student may appeal the decision to the Board.

The appeal notice must be filed in writing, on a form provided by Midland College, within five days (grade complaint) and ten days (other complaints after receipt of the written Level Three response, or, if no response was received, within ten days of the Level Three response deadline.

The College President or designee shall inform the student of the date, time, and place of the Board meeting at which the complaint will be on the agenda for presentation to the Board.

The College President or designee shall provide the Board the record of the Level Three complaint. The student may request a copy of the Level Three record.

The Level Three record shall include:

1. The Level One record.
2. The Level Two record.
3. The written response issued at Level Three and any attachments.
4. All other documents relied upon by the administration in reaching the Level Three decision.

The appeal shall be limited to the issues and documents considered at Level Three, except that if at the Level Four hearing the administration intends to rely on evidence not included in the Level Three record, the administration shall provide the student notice of the nature of the evidence at least three days before the hearing.

Midland College shall determine whether the complaint will be presented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law.

The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the student and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the complaint and may request that the administration provide an explanation for the decisions at the preceding levels.

In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the Level Four presentation. The Level Four presentation, including the presentation by the student or the student’s representative, any presentation from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio recording, or court reporter.

The Board shall then consider the complaint. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If for any reason the Board fails to reach a decision regarding the complaint by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the administrative decision at Level Three.

Searches of Students and Property

See policy FLC for more information.

Students have a right to be free from unreasonable searches and seizures while on Midland College premises.

Search by Campus Official

Midland College officials may conduct searches of students, their belongings, and their vehicles in accordance with state and federal law and Midland College policy. Searches of students shall be conducted in a reasonable and nondiscriminatory manner.

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.

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 policy regarding sex offender registration.

Solicitation

Student solicitation policy.

Student Expression

Distribution of Literature

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by Midland College shall not be sold, circulated, distributed, or posted on any Midland College premises by any Midland College student or registered student organization, except in accordance within the procedures below. 

Midland College shall not be responsible for, nor shall Midland College endorse, the contents of any materials distributed by students or registered student organizations that is not sponsored by Midland College.

Materials distributed under the supervision of instructional personnel as a part of instruction or other authorized classroom activities shall not be governed by this policy.

Limitations on Content

Materials shall not be distributed by students or registered student organizations on Midland College property if:

1. The materials are obscene.
2. The materials contain defamatory statements about public figures or others.
3. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action.
4. The materials are considered prohibited harassment.
5. The materials constitute nonpermissible solicitation. [See above]
6. The materials infringe upon intellectual property rights of Midland College as defined in policy.

Time, Place, and Manner Restrictions

Distribution of the materials shall be conducted in a manner that:

1. Is not disruptive (see above);
2. Does not impede reasonable access to Midland College facilities;
3. Does not result in damage to Midland College property;
4. Does not coerce, badger, or intimidate a person;
5. Does not interfere with the rights of others; and
6. Does not violate local, state, or federal laws or Midland College policies and procedures.

The distributor shall clean the area around which the literature was distributed of any materials that were discarded or leftover.

The vice president of student services shall designate times, locations, and means by which materials that are appropriate for distribution, as provided in this policy, may be made available or distributed by students or registered student organizations to students or others in Midland College facilities and in areas that are not considered common outdoor areas. 

Posting of Signs

For the purposes of this procedure, “sign” shall be defined as a billboard, decal, notice, placard, poster, banner, or any kind of hand-held sign; and “posting” shall be defined as any means used for displaying a sign.

Except for signs that violate the restrictions in this policy and administrative procedures, a student or registered student organization may publicly post a sign on Midland College property in common outdoor areas and in areas or locations designated by the vice president of student services. No object other than a sign may be posted on Midland College property.

Restrictions

A sign shall not be larger than 22 inches by 28 inches, unless authorized by the vice president of student services or designee. A sign shall not be attached or posted:

1. To a shrub or plant;
2. To a tree, except by string to its trunk;
3. To a permanent sign installed for another purpose;
4. To a fence or chain or its supporting structure;
5. To a brick, concrete, or masonry structure;
6. To a statue, monument, or similar structure;
7. On or adjacent to a fire hydrant;
8. In a Midland College building, except on a bulletin board designated for that purpose.

Removal

A student or registered student organization shall remove each sign not later than 14 days after posting or, if it relates to an event, not longer than 24 hours after the event to which it relates has ended.

A sign posted in accordance with this section shall not be removed without permission from the vice president of student services or designee, the student, or the registered student organization.

Disclaimer

Materials distributed by a registered student organization must include a disclaimer indicating that the materials are not sponsored by Midland College and do not represent the views of Midland College or its officials, faculty, or staff.

Use of Facilities and Grounds

The grounds and facilities of Midland College shall be made available to students or registered student organizations when such use does not conflict with use by, or any of the policies and procedures of, Midland College.  The requesting students or student organization shall pay all expenses incurred by their use of facilities in accordance with a fee schedule developed by the Board.

Requests

To request permission to meet or host a speaker in College District facilities, interested students or registered student organizations shall file a written request with the vice president of student services in accordance with administrative procedures.

The students or the registered student organization making the request shall indicate that they have read and understand the policies and rules governing use of College District facilities and that they will abide by those rules.

Approval

The vice president of student services shall approve or reject the request in accordance with provisions and deadlines set out in this policy and administrative procedures, without regard to the religious, political, philosophical, ideological, academic viewpoint, or other content of the speech likely to be associated with the student’s or registered student organization’s use of the facility.

Approval shall not be granted when the official has reasonable grounds to believe that:

1. Midland College facility requested is unavailable, inadequate, or inappropriate to accommodate the proposed use at the time requested;
2. The applicant is under a disciplinary penalty or sanction prohibiting the use of the facility;
3. The proposed use includes nonpermissible solicitation;
4. The proposed use would constitute an immediate and actual danger to the peace or security of Midland College that available law enforcement officials could not control with reasonable efforts;
5. The application owes a monetary debt to Midland College and the debt is considered delinquent;
6. The proposed activity would disrupt or disturb the regular academic program.
7. The proposed use would result in damage to or defacement of property or the applicant has previously damaged Midland College property; or
8. The proposed activity would constitute an unauthorized joint sponsorship with an outside group.

The vice president of student services shall provide the applicant a written statement of the grounds for rejection if a request is denied.

Common Outdoor Area Exception

Common outdoor area are traditional public forums and are not subject to the approval procedures.  Students and student organizations may engage in expressive activities in common outdoor areas, unless:

1. The person’s conduct is unlawful;
2. The use would constitute an immediate and actual danger to the peace or security of Midland College that available law enforcement officials could not control with reasonable efforts;
3. The use would materially or substantially disrupt or disturb the regular academic program; or
4. The use would result in damage to or defacement of property.

Announcements and Publicity

In accordance with administrative procedures, all students and registered student organizations shall be given access on the same basis for making announcements and publicizing their meetings and activities.

Identification

Students or registered student organizations distributing materials on campus or using Midland College facilities shall provide identification when requested to do so by a Midland College representative.

Violations

Failure to comply with this policy and associated procedures  shall result in appropriate administrative action, including but not limited to, confiscation of nonconforming materials, suspension of a student’s or registered student organization’s use of Midland College facilities, and/or other disciplinary action in accordance with Midland College’s discipline policies and procedures (see above).

Interference with Expression

Faculty members, students, or student organizations that interfere with the expressive activities permitted by this policy shall be subject to disciplinary action in accordance with Midland College’s discipline policy and procedures.

Appeals

Decisions made by the administration in accordance with this procedure may be appealed in accordance with the Grievance and Complaint process.

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:               Angela Balch

Office:                    208 SSC

Phone:                   432.685.5501

E-mail:                   abalch@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.

Access by School Officials

A school official shall be allowed access to student records if he or she has a legitimate educational interest in the records.  For the purposes of this policy, “school officials” shall include:

1. An employee, Board member, or agent of Midland College, including an attorney, a consultant, a contractor, a volunteer and any outside service provider used by Midland College to perform institutional services.
2. A person serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
3. All contractors provided with student records shall follow the same rules as employees concerning privacy of the records and shall return the records upon completion of the assignment.

A school official has a “legitimate educational interest” in a student’s records when he or she is:

1. Working with the student;
2. Considering disciplinary or academic actions, the student’s case, or services for a student with disabilities;
3. Compiling statistical data;
4. Reviewing an education record to fulfill the official’s professional responsibility; or
5. Investigating or evaluating programs.

Access by Parents

Midland College may disclose educational records to a student’s parent without the student’s consent under circumstances specified in law.  A qualified parent shall be subject to the provisions of the request procedures, above.

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 judges 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