Student Policies and Procedures

Student Bill of Rights

The KCTCS community recognizes and declares that students have certain fundamental rights, which shall not be arbitrarily abridged or denied or removed without appropriate due process.

Among them are the right to:

1. Learn, study, grow, and develop without fear of threats, harassment, bullying, or discrimination on the basis of race, ethnicity, color, nationality, age, religion, gender, gender identity, gender presentation, sexual orientation, or military service.
2. Treat others and be treated with civility and recognized as individuals, rather than a class.
3. Free written and oral speech, restrained only by those proper constraints that limit and protect the First Amendment Rights of others
4. Hold and express divergent viewpoints with respect and civility toward others.
5. Participate in a community devoted to scholarship, inquiry, debate, thought, and expression within a community of scholars, including the right to express agreement and dissent. 
6. Form and participate in student presses and organizations, and to assemble and participate in the social, religious, and political activities available in a free and open society. 
7. Participate meaningfully in the governance of their colleges, including, when appropriate, representation on college or System committees and the KCTCS Board of Regents in accordance with proper rules and regulations. 
8. Have privacy in their educational, academic, and financial records. 
9. Have clear and comprehensible course objectives and requirements, degree and graduation requirements, transfer policies, and grading policies, and to know with accuracy and clarity information that assists them in successfully meeting the established academic standards in their classes. 
10. Receive grades based only on fair and just evaluations of performance as measured by standards presented in the first or second class section or in the introductory materials for a distance learning course.
11. Have access to reasonable accommodations as required under U.S. and state laws related to the establishment of an equal opportunity to succeed. 
12. Full disclosure and publication of the substantive rules and possible sanctions as described in a current KCTCS Code of Student Conduct
13. Have knowledge of allegations against the student, the right to express a proper defense, the right to know the findings of any proceeding against the student, and a right to an appeal in accordance with reasonable and proper policies and procedures. 
14. Be free of penalty for violating regulations, rules, or policies imposed after-the-fact.
15. All rights considered basic human rights and memorialized in the United States Constitution, the laws and regulations of the United States of America, the Kentucky Constitution, the laws and regulations of the Commonwealth of Kentucky, and KCTCS policies and procedures.
16. KCTCS students have the right to privacy in their educational, academic, and financial records.  This right to privacy shall be consistent with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, (20 U.S.C. § 1232g; 34 CFR Part 99).  FERPA is a federal law that protects the confidentiality of personally identifiable information contained in student education records.  KCTCS shall adhere to policies and procedures for identification of directory information and for any release of information that is not identified as directory information and therefore protected by FERPA.  KCTCS students shall also enjoy, when relevant, the protections of KRS 164.283.

MCTC’s policy is to maintain an educational and work environment free of illegal discrimination and harassment based on or relating to any Protected Classification, including gender, race, color, religion (or lack thereof), national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, pregnancy, veteran or social status, social origin, indigenous status, or any other characteristic, trait, or identification protected by law.

This Policy provides for the internal reporting and investigation of allegations of illegal discrimination and harassment. It also prohibits retaliation against any individual who reports a perceived incident of discrimination or harassment, or a violation of law or policy, in good faith (or who participates in an investigation of any such report).

Any student who thinks he/she may have been discriminated against or subjected to harassment by students or employees (including denial of a request for an accommodation), has the right to pursue an informal and/or formal discrimination grievance.

Complaints relating to sexual harassment and misconduct should be made to the College Title IX Coordinator. Such complaints shall be handled in accordance with the Sexual Misconduct Procedure.

The Chief Student Affairs Officer (CSAO) or his/her designee shall be responsible for investigating student discrimination grievances.

Informal Process

1. If a student thinks that he/she has been discriminated against, the student shall inform the CSAO or his/her designee within thirty (30) calendar days of the occurrence of the alleged incident. The CSAO or his/her designee shall conduct a preliminary investigation of the discrimination grievance.
2. The student, CSAO or his/her designee, and other involved parties shall work informally to negotiate a solution within fourteen (14) calendar days. The informal student discrimination grievance procedure shall be completed within forty-four (44) calendar days of the occurrence of the alleged incident.
3. If the grievance is not resolved to the satisfaction of the student through the informal grievance procedure, the student may file a formal appeal.

MCTC is committed to providing a quality educational experience fully supported by a range of academic and student support services and facilities. The complaint procedure is designed to assist students who have a non-academic complaint in regard to the application of College rules, policies, procedures and regulations. If possible, a complaint should be resolved without initiating the formal process.  

If a student believes he/she has a legitimate complaint, the following steps toward resolution should be followed:

Informal Process:  Attempt to resolve the complaint at the department level is as follows:

1. Seek to resolve the issue with the party involved.

2. If a resolution cannot be reached, the next step is to contact the party’s supervisor within ten (10) calendar days after speaking to the individual involved.

3. If the student is not satisfied after speaking with the supervisor, they should contact the Chief Student Affairs Officer to initiate the formal student complaint process. 

Formal Process:  Complaint filed with the Chief Student Affairs Officer.

1. If after the above informal process and resolution has not been reached, the student should file a formal written complaint. This should occur no later than ten (10) calendar days after speaking with the department supervisor. To initiate the formal process, complete the formal complaint form and file it with the Chief Student Affairs Officer.

As stated in the Student Bill of Rights students have the academic right to:

· timely receive information about course content and grading criteria

· hold and express a contrary opinion

· fair and impartial academic evaluation

· confidentiality of academic records

· informed evaluation of student character and ability

If a student believes that an academic right has been violated, the student has the right to file a written complaint. The Code of Student Conduct, Section 4. Proceedings, B. Academic, outlines the procedures for filing a written academic student complaint

Step 1: Informal Resolution

The student should first speak with the instructor and try to resolve the issue. All interactions must reflect civility and mutual respect, even where the parties’ views or positions differ. If a satisfactory resolution is not achieved, the student should proceed to Step 2 below.

Step 2: Formal Grievance

To file a formal grievance, the student must submit a clear, succinct written appeal specifying each alleged violation, along with supporting facts and relevant dates to the appropriate division chair/dean within thirty (30) business days of the alleged violation or posting of grade. Untimely appeals will be barred, dismissed, and not further considered. The division chair will resolve the issue within fifteen (15) business days.

Step 3 Formal Appeal

If no resolution is reached at Step 2 within 15 business days, or if the student does not accept the decision of the division chair, the student may within fifteen (15) business days appeal the division chair’s decision to the MCTC President. Such appeal must be in writing and shall clearly identify the relevant facts, the reason for the appeal, the specific relief requested, and why the appeal should be granted. No new matter may be appealed which was not included in the student’s original appeal to the division chair.  The President will consider the appeal and issue a written decision within 15 business days.

Step 4 CAB Hearing

If no decision is rendered by the President at Step 3 within 15 business days or if the student does not accept the decision of the President, the student has fifteen (15) business days to submit a written request for a hearing before the College Appeals Board. The request for hearing must clearly identify the relevant facts, why the President’s decision was wrong, and the specific relief requested. No new matter may be appealed which was not included in the student’s original appeal to the division chair.

In cases of academic rights and academic offenses, the student shall have the right of class attendance and participation during the consideration of any appeal except that such attendance and participation may be limited when:

• outside agencies are used as a part of the student’s educational experience, in which case precedence will be given to the terms of any agreement(s), which have been negotiated between the college and the agency; or
• patient/client contact is involved in the student’s educational experience, in which case only patient/client contact may be limited or excluded at the discretion of program faculty. 

If the appeal is decided in the student’s favor, the college must provide an opportunity for the student to complete any essential experiences missed due to the appeals process.  An appeal of a grade after the class has been completed, a grade change by the CAB will only be for a P grade or a W grade.

The College Appeals Board (CAB) serves as a hearing body for appeals of violations of academic rights, findings of academic misconduct, and non-academic/behavioral determinations under the Code of Student Conduct. 

The CAB is made up of 6 members including faculty, staff and students. A quorum of 5 members is required to have a hearing.

CAB Review Process

1. Within five (5) business days of receipt of a request for hearing the CAB will determine if the issue on appeal is properly before the hearing panel.  If the CAB decides that the request for a hearing is not properly before the body, the Chair of the CAB will notify the student and the appropriate college officials in writing within five (5) business days, including the reasons for the CAB’s decision not to hear the matter.
2. If the CAB determines that it is proper to consider the appeal, within five (5) business days the Chair will request statements related to the appeal from the appropriate college officials.  Those statements are due for submission to the CAB within five (5) business days.  The CAB then has five (5) business days to review the appeal and associated statements and decide by majority vote whether to grant a hearing or to make a decision based on the record provided by each party.
3. The CAB’s decision as to the hearing will be communicated in writing within five (5) business days of the decision to the student and the appropriate college officials.  If the CAB does not grant a hearing, the student has no further right to appeal within the system except in cases of suspension or expulsion, which may be appealed to the Board of Regents.
4. If the CAB decides to hear the case, it will notify the student and the appropriate college officials. 
   • All parties shall have the reasonable opportunity to appear at the hearing and to present oral and written evidence in support of their positions. 
   • The CAB may call for further evidence as it deems appropriate. 
   • CAB hearings are not legal processes and do not follow the rules applicable to court or outside administrative proceedings.
   • Students do not have a right to have counsel represent them, but may bring any one person they desire as an advisor at the hearing.
   • The advisor will not address the hearing or “represent” the student.
   • The hearing shall be held, and a final decision made by the CAB within 15 business days after the decision to hear the case. 
   • The decision of the CAB is final and the student has no further right to appeal within the system except in cases of suspension or expulsion of a student.
5. If the CAB hears the case because of some question about the fact of the student’s guilt, it shall have the authority to impose a final decision as to guilt or innocence.  If the CAB decides not to hear the case, the student has no further right of appeal within the system except in cases of suspension or expulsion.
6. If the CAB hears the case because of an appeal of the severity of the sanction, it shall recommend an appropriate sanction to the appropriate college official(s).  If the CAB does not support the sanction, the CAB shall submit its decision and a recommendation of appropriate sanction to the College President or designee who shall consult with the appropriate college official(s) involved to find an appropriate sanction.  The final decision is the responsibility of the College President.

Pursuant to KRS 164.370, students may appeal a sanction of suspension or expulsion to the KCTCS Board of Regents.  

1. Before an appeal can be submitted to the Board of Regents, the student must exhaust all available remedies by using all applicable appeal processes in this Code.
2. The student has 30 calendar days from the completion of the final applicable appeal process to submit an appeal in writing to the KCTCS Board of Regents in care of the KCTCS President. 
3. Upon receipt of an appeal, the KCTCS President shall forward the appeal document to the Office of General Counsel.  The Office of General Counsel shall conduct a review of the record related to the suspension or expulsion, and may conduct additional fact finding if warranted. The Office of General Counsel shall prepare a Report of Findings.
4. The appeal shall be heard by a three-person panel (appointed by the KCTCS President) consisting of the KCTCS Vice President responsible for Student Services, the Chair of the Education Committee of the KCTCS Board of Regents, and one of the student members of the KCTCS Board of Regents.  The panel members shall review the Report of Findings then meet, with the option to use video conferencing, with a representative of the Office of General Counsel to finalize a recommendation, which will be acted upon by the full Board of Regents at the next scheduled meeting. 
5. The student shall be notified in writing of the recommendation of the panel and of the date the full Board will take action on the recommendation.  Once the Board has taken action, the student will receive written notice of the final decision.

The Kentucky Council on Postsecondary Education (CPE) serves as the coordinating agency for postsecondary education in the Commonwealth of Kentucky. The CPE is the agency that handles complaints about Maysville Community & Technical College and has the ability to act on those complaints from students residing in Kentucky. Students should attempt to resolve the complaint through the established protocol at MCTC before contacting CPE.

Kentucky Council on Postsecondary Education
1024 Capital Center Dr. #320
Frankfort, KY 40601-7512
Email: cpeconsumercomplaint@ky.gov
http://cpe.ky.gov/campuses/consumer_complaint.html

The Kentucky Community and Technical College System is an equal educational and employment opportunity institution and does not discriminate on the basis of; race, religion, color, sex, gender identity, gender presentation, national origin, age, disability, family medical history, or genetic information. Further, we vigilantly prevent discrimination based on sexual orientation, parental status, marital status, political affiliation, military service, or any other non-merit based factor.