Student Health and Wellness
Emergency First Aid kits are maintained throughout the campuses of SPCC. For injuries requiring more than minor first aid or in case of an emergency, an ambulance service may be called at the student’s expense to provide necessary medical services.
SPCC counselors are available to assist students with counseling needs (academic, career, personal, and mental health), temporary emergency assistance needs, and connecting to external community resources. Counselors may refer students to local counseling centers for students seeking additional mental health counseling. Throughout the semesters, counselors provide focused interactive workshops relating to academic success and general wellness. Counselors welcome students to provide suggested topics for workshops.
Drugs and Alcohol
Unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol is prohibited while in the workplace, at any official function sponsored by the college, or on all college premises. Any employee or student violating this policy is subject to disciplinary action up to and including termination/expulsion and referral for prosecution. Please reference Use of Alcohol on Campus Events policy for possible exceptions.
Administrative
The illegal use of controlled substances, substances that cause impairment and abuse of alcohol are harmful to the health, well-being and safety of the College’s employees and students. Employees and students who illegally use controlled substances, substances that cause impairment, or who abuse alcohol are less productive, less reliable and prone to greater absenteeism resulting in unnecessary costs, delays, academic failure and safety risks. The College is committed to maintaining a safe workplace and educational environment free from the influence of illegal controlled substances, substances that cause impairment, and alcohol.
I. DEFINITIONS
For purposes of this Policy, the following definitions shall apply:
A. College Location means in any College building or on any College premises; in any College-owned vehicle or in any other College-approved vehicle used to transport students to and from College or College activities; and off Campus property at any College-sponsored or College-approved activity, event or function, such as a field trip or athletic event, where students are under the College’s jurisdiction.
B. Alcohol means any beverage containing at least one-half of one percent (0.5%) by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor and mixed beverages.
C. Controlled Substance means any substance listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the North Carolina General Statutes. Generally, the term means any drug which has a high potential for abuse and includes, but is not limited to heroin, marijuana, cocaine, PCP, GHB, methampetamines, and crack. This term also includes any drugs that are illegal under federal, state or local laws and legal drugs that have been obtained illegally or without a prescription by a licensed healthcare provider or are not intended for human consumption.
D. Impairing Substance means any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs.
E. Conviction means the entry in a court of law or military tribunal of : (1) a plea of guilty, nolo contendere, no contest or the equivalent; (2) a verdict of guilty; or (3) a prayer for judgment continued or a deferred prosecution.
F. Reasonable Suspicion is an objectively justifiable suspicion that may require a drug or alcohol test. Some of the factors that constitute reasonable suspicion are: a) direct observation of drug use or possession; b) direct observation of the physical symptoms of being under the influence of drugs; c) impairment of motor functions; d) pattern of abnormal or erratic conduct or behavior; or e) reports from reliable sources or credible sources (anonymous tips may only be considered if they can be independently corroborated).
II. VISITORS AND GUESTS
Unless specifically permitted by the College pursuant to Policy 2.2.5 - Use of Alcohol at Campus Events, all visitors and guests are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or drug paraphernalia. Using or being under the influence of substances that cause impairment is also prohibited. Violation of this prohibition could lead to the visitor or guest being asked to leave campus and/or campus authorities contacting campus security or law enforcement.
III. EMPLOYEES
Unless specifically permitted by the College pursuant to Policy 2.2.5, all College employees are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or drug paraphernalia. Using, or being under the influence of substances that cause impairment is prohibited for all employees. Violation of this prohibition could lead to disciplinary action under the Employee Code of Conduct.
A. PROHIBITED BEHAVIOR
All college employees and students are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or drug paraphernalia. Using or being under the influence of substances that cause impairment is prohibited for all employees and students.
This Policy does not apply to the use of alcohol in instructional situations (e.g., cooking classes, laboratory experiments, Basic Law Enforcement Training) or in conjunction with events which meet the requirements of all state laws. This Policy does not apply to the proper use of lawfully prescribed controlled substances by a licensed health-care provider to the student or employee who is prescribed the controlled substance and using it in the manner in which the healthcare provider prescribed it.
B. DUTY TO REPORT
Pursuant to Procedures 3.3.3.1 - Arrests and Convictions, all employees who are arrested, indicted, cited or convicted for a criminal offense are required to inform, in writing, their supervisor. This includes being arrested or receiving a citation for a violation of any federal or state-controlled substance or alcohol statute. If an employee’s arrest, conviction or citation has an effect on the employee’s ability to perform their job duties or brings negative attention to the College, the employee may be subject to disciplinary action in accordance with this Policy.
Convictions of employees working under federal grants that are convicted of violating a federal or state-controlled substance or alcohol statute on the College’s property, or as part of any activity initiated by the College, shall be reported to the appropriate federal agency. A college official must notify the U.S. government agency, which made the grant, within ten (10) days after receiving notice from the employee or otherwise receives actual notice of a conviction of a controlled substance or alcohol statute occurring in the workplace.
Students employed under the College Work Study Program are considered to be employees of the College if the work is performed for the College in which the student is enrolled. For work performed for a federal, state, local public agency, a private nonprofit or a private for-private agency, students are considered to be employees of the College unless the agreement between the College and the organization specifies that the organization is considered to be the employer.
C. CONTROLLED SUBSTANCES AND ALCOHOL TESTING
Upon a conditional offer of employment, new employees may be required to be tested for substances, including controlled substances or alcohol.
Employees may be required to be tested for substances, including controlled substances or alcohol, based on individualized, reasonable suspicion. The required observations for reasonable suspicion testing shall be made by an administrator, supervisor, or other trained official and the person who makes the determination that reasonable suspicion exists shall not be the same person who conducts the test. This section does not apply to law enforcement officers serving the College through the local sheriff’s department. Law enforcement officers must adhere to their normal standards when conducting a search.
Any college employee involved in an on-the-job accident or injury will be required to submit to drug and alcohol testing. The College reserves the right to conduct random drug and alcohol testing on existing employees at any time.
All substances, including controlled substances and alcohol testing, shall be administered by a non-College, third party laboratory chosen by the President. The testing shall be performed at the laboratory. A representative from Human Resources and Campus Safety will accompany the employee to the testing site utilizing a College vehicle (if available). The chosen laboratory shall use standard testing protocols that will maintain the confidentiality of the employee. All tests shall be reviewed by a medical review officer not affiliated with the College. Employees will have the opportunity to provide any information to the medical center which the employee considers relevant to the test, including identification of currently or recently used prescription or non-prescription drugs. The College shall pay for the initial test. If the employee wishes to dispute the results with a subsequent re-test, the employee shall be responsible for the cost of the re-test.
Pending the results of the testing, (if not instant), the College can suspend the employee on leave with pay. The College must give the employee written notice of positive results and notice of the right to a re-test (at the employee’s expense) pursuant to G.S. 95-232(f). If the results are positive, the supervisor may recommend disciplinary action pursuant to Employee Disciplinary Action, Suspension, and Dismissal policy.
An employee who refuses to submit to an examination, adulterates or dilutes the specimen, substitutes the specimen with that from another person, sends an impostor, does not sign the required consent forms, or refuses to cooperate in the examination process in such a way that prevents completion of the examination shall be dismissed.
IV. STUDENTS
All students shall adhere to the following:
A. All students are prohibited from unlawfully possessing, using, being under the influence of, manufacturing, dispensing, selling or distributing alcohol, illegal or unauthorized controlled substances or impairing substances at any College location. This includes college sponsored events and travel off-site and out-of-country (i.e. field trips, study abroad, conferences, etc). This Policy does not apply to the use of alcohol in instructional situations (e.g., cooking classes, laboratory experiments, Basic Law Enforcement Training).
B. Student use of drugs as prescribed by a licensed physician is not a violation of Policy; however, individuals shall be held strictly accountable for their behavior while under the influence of prescribed drugs.
C. Students may be required to be tested for substances, including controlled substances or alcohol, based on individualized, reasonable suspicion. The required observations for reasonable suspicion testing shall be made by an administrator, supervisor or other trained official and the person who makes the determination that reasonable suspicion exists shall not be the same person who conducts the test. This section does not apply to law enforcement officers serving the College through local law enforcement agencies. Law enforcement officers must adhere to their normal standards when conducting a search.
D. The College does not differentiate between drug users, drug pushers or sellers. Any student in violation of Section IV-A herein will be subject to disciplinary action up to and including expulsion and referral for prosecution.
E. A student who violates the terms of this Policy will be subject to disciplinary action in accordance with the Student Code of Conduct. At their discretion, the Vice President of Student Services or their designee may require any student who violates the terms of this Policy to satisfactorily participate in a drug abuse rehabilitation program or an alcoholic rehabilitation program sponsored by an approved private or governmental institution as a precondition of continued enrollment at the College.
F. Each student is required to inform the College, in writing, within five (5) days after they are convicted for violation of any federal, state, or local criminal drug statute or alcoholic beverage control statute where such violation occurred while on or at a College location. Failure to do so could result in disciplinary action.
V: CONSEQUENCES FOR VIOLATIONS
Violation of this Policy will subject students and employees to disciplinary action including, but not limited to: suspension, expulsion, non-renewal or termination of employment or the requirement that the student or employee satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program at the student or employee’s expense as approved by the College in conjunction with certain conditions.
Article V of Chapter 90 of the North Carolina General Statutes makes it a crime to possess, manufacture, sell or deliver or possess with intent to sell or deliver a controlled substance. N.C.G.S. § 90-95. As citizens, all members of the college community are expected to know and comply with these laws. Legal matters may be referred to local law enforcement. Employees and students who are in violation of alcohol and drug laws may suffer legal consequences ranging from fines up to incarceration. Furthermore, any substance taken that may cause impairment, including but not limited to bath salts, inhalants, or synthetic herbs, is also considered a violation of the drug and alcohol Policy.
General Rules Pertaining to Student Alcohol Use and Possession:
It is against the law for any person under the age of 21 to purchase or possess any alcoholic beverage (General Statutes § 18B-302).
No student under the age of 21 may purchase, possess, or consume any alcoholic beverage anywhere on the campus of South Piedmont Community College. Common source containers of alcoholic (e.g. kegs) are not permitted on any South Piedmont Community College property.
Students 21 years of age or older may not sell or give any alcoholic beverage to a person under 21 years of age.
No possession or consumption of alcohol is allowed at any college sponsored function.
No student activity fees or other South Piedmont Community College collected fee shall be used to purchase alcohol for use either on or off campus.
Health Risks of Alcohol Abuse: Alcohol is immediately absorbed by the bloodstream upon consumption, physically affecting the entire body. Some short term effects caused by excessive alcohol consumption include decreased heart rate, headaches, nausea and vomiting. Drinking large amounts of alcohol can result in alcohol poisoning, which causes one to lose consciousness and possibly even results in death. Long term effects of alcohol include high blood pressure, depressed immune system, vitamin deficiencies, central nervous system damage, liver disease, and cancer.
Health Risks of Drug Abuse: Recreational drug use can have potentially harmful side effects that can result in serious and long-term health issues. High doses of many drugs can even cause immediate life threatening health problems such as respiratory failure, heart attack, or coma. It is especially dangerous to combine drugs with each other.
Alcohol and Drug Education/Prevention Program: South Piedmont Community College is committed to providing an educational atmosphere that is free of substance abuse and encourages lifestyles that are safe and healthy. All members of the academic community - students, faculty, administrators, and staff - share in the responsibility of protecting and promoting this environment and all are expected to exemplify high standards of professional and personal conduct. The illegal or abusive use of alcohol and other drugs by members of the academic community adversely affects the educational environment.
It is the college’s intent to address this issue by implementing a college-wide program available to students that focuses on on-going education and training for intervention and referral. This program is intended to assure that any student shall have access to assistance with alcohol/drug-related problems.
Educational information on alcohol and drug issues will be available to students on a continuing basis throughout the year. This includes, but is not limited to, information at orientation, alcohol/drug awareness days, pamphlets on alcohol/drug abuse/awareness, and speakers on selected topics. These activities will be advertised in the SPCC Navigation App and the weekly email “Week at a Glance”.
South Piedmont Community College counselors are available on the L.L. Polk and Old Charlotte Highway campuses and the Tyson Family Center for Technology in the Student Services area. Additionally, virtual services are available. Students in need of counseling, treatment, and/or rehabilitation will be referred to local mental health centers on a confidential basis. It will be the student’s decision, however, whether to seek assistance with such problems. Alcohol/drug assistance, which occurs through services provided by other agencies at their organizational sites, will be at the student’s expense. South Piedmont Community College pledges full support to these and other community agencies in our fight to rid our schools of controlled substances.
Every student, faculty member, administrator, and staff member of South Piedmont Community College is responsible for being familiar with and complying with college policies, which strictly prohibit possession and use of alcohol and drugs on campus or at any college sponsored function.
North Carolina Law:
Purchasing, Possession, and/or Selling Alcohol (General Statute § 18B-300 - 18B-302)
It is against the law for any person under twenty-one (21) to purchase or possess any alcoholic beverage. It is against the law for anyone to sell or give any alcoholic beverage to a person under twenty-one (21) or to aid or abet such a person in selling, purchasing or possessing any alcoholic beverage. Any person who aids or abets an underage person in violating this law may be fined $1000, receive community service hours, or both.
Drinking and Driving
In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04. The most significant aspects of the state’s DWI law makes punishment more severe for the impaired driver in general and the repeat offender in particular. For offenders who fall into one of the five (5) levels of misdemeanor DWI, Level 1 being the most serious and Level 5 the least, the likelihood of spending time has increased, along with the fines.
Level 5
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $200 fine.
- Between 24 hours and 60 days in jail. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation.
Level 4
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $500 fine.
- Between 48 hours and 120 days in jail. (Your judge might suspend your sentence to 48 hours of imprisonment or 48 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation.
Level 3
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $1,000 fine.
- Between 72 hours and 6 months in jail. (Your judge might suspend your sentence to 72 hours of imprisonment or 72 hours of community service as part of probation.)
- Substance abuse assessment, if you’re placed on probation.
Level 2
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $2,000 fine.
- Between 7 days and 12 months in jail. (Your judge might suspend your sentence to 90 days of abstaining from alcohol, which the court will monitor.)
- Substance abuse assessment, if you’re placed on probation.
Level 1
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $4,000 fine.
- Between 30 days and 24 months in jail. (Your judge might give you 10 days under probation cases involving alcohol monitoring for 120 days.)
- Substance abuse assessment, if you’re placed on probation.
Aggravated Level 1
- Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
- Up to a $10,000 fine.
- Between 12 months and 36 months in jail. (Your judge might give you 120 days under probation cases involving alcohol monitoring for a minimum of 120 days.)
- Monitored abstaining from alcohol for 4 months after prison release.
- Substance abuse assessment.
Other DWI Penalties
Substance Abuse Assessment
The NC DIV and state court system work with the state’s Division of Mental Health, Developmental Disabilities and Substance Abuse Services to make sure DWI offenders receive substance abuse assessment and complete any required steps, such as education courses like the state’s Alcohol and Drug Education Traffic School (ODETS) or treatment programs.
Your judge, DWI attorney, and possibly the NC DIV will provide you with information specific to your situation, but you can get a head start with these facts:
- $100 fee for the DWI assessment.
- $160 fee for ODETS.
Health Risks of Drugs and Alcohol:
Alcohol: Alcohol (a depressant) travels through the bloodstream to different parts of the body causing a number of changes in behavior and physiology. Drinking small amounts of alcohol may affect a person’s judgment, thinking, and coordination. Larger amounts may make a person sick or cause permanent damage to organs in the body (including liver, stomach, pancreas, lungs, brain, skin, eyes, throat, mouth, and bladder). Alcohol poisoning can cause death.
Amphetamines: These may cause rapid or irregular heartbeats, tremors, loss, and coordination, and possible death. Amphetamines may cause a person to act irrationally.
Cannabis, Marijuana, and Hashish: These drugs affect thinking and behavior. They may cause loss of coordination, confusion, distortion of reality, paranoia, and depression. Marijuana smoke is extremely toxic and may increase chances of developing lung cancer.
Cocaine and Crack: Users of this drug build up a tolerance that makes them want more. The physical reactions to a person’s body are unpredictable. Even small amounts of this drug may cause chest pains, blurred vision, convulsions, and death.
Hallucinogens, LSD, and PCP: These drugs cause changes in thinking and in the senses. Lysergic Acid (LSD) may cause elevated heart rate, irregular breathing, hallucinations, paranoia, violence, and panic. “Flashbacks” may appear days or weeks later. Phencyclidine (PCP) may cause confusion, depression, loss of coordination, and irrational behavior. The person may become violent, have extreme mood swings/disorders, and speech problems. Death may also be a result of use of either of these drugs.
Heroin: Heroin is an opiate narcotic that causes the body to have diminished pain reactions. The use of this drug may cause damage to the brain and other organs. Coma and death may result due to a reduction of heart rate.
Methamphetamines (Meth): These drugs are highly addictive central nervous system stimulants that can increase activity and decrease appetite. Use of this drug can cause addiction, anxiety, insomnia, mood swings/disturbances, and violent behavior. Psychotic symptoms can include paranoia, hallucinations, and delusions.
Inhalants: Inhalants are chemicals that give off fumes that cause an intoxicated, drunken feeling when breathed in. These include, but are not limited to: paint thinner, bath salts, glue, gasoline, and spray paint. Inhalants are absorbed into the bloodstream and are passed on to body organs within seconds. Inhalants lower the flow of oxygen, and may cause permanent damage, dizziness, convulsions, and death.
Stimulants: These drugs speed up the nervous system. They increase activity and alertness. They may speed up the heart rate, raise blood pressure, and decrease appetite. They may cause sleeplessness, dizziness, anxiety, and depression. Stimulants may cause damage to the brain, heart, lungs, and may result in death.
Information on Drugs and Alcohol Assistance:
Communicable Disease Policy and Procedure
The Communicable Disease Policy promotes the good health and safety of students and employees, strives to minimize transmission of a communicable disease while ensuring that all essential college services remain operational to the maximum extent possible, and prohibits discrimination against persons afflicted with communicable diseases.
All medical information related to communicable diseases of students and employees shall be kept confidential and no person, group, agency, insurer, employer, or institution shall be provided any medical information without prior, specific written consent of a student or employee unless providing such information is required by state and/or federal law.
Students who know that they are infected with a communicable disease are urged to share that information, on a confidential basis, with the Director of Student Wellness and Advocacy and Accountability so that the college can respond appropriately to their health and educational needs. Employees who know that they are infected should share that information, on a confidential basis, with the Associate Vice President of Human Resources and Payroll.
Persons who know or have reasonable basis for believing that they are infected are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly in accordance with such knowledge for the protection of other members in the community.
Copyright Policy
The copyright law of the United States (Title 17, United States Code) governs the making of all photocopies or other reproductions of copyrighted material, including peer-to-peer file sharing, at South Piedmont Community College.
South Piedmont Community College requires that all employees and students comply with federal copyright laws. Failure to abide by the copyright law of the United States could result in disciplinary action or dismissal. The unauthorized distribution of copyrighted material, including peer-to-peer file sharing, may be subjected to civil and criminal liabilities.
The information that follows is intended to assist employees and students in managing copyrighted materials.
A copyright is a set of exclusive legal rights authors have over their works for a limited period of time. Section 106 of the copyright law gives the author exclusive rights to:
- reproduce the copyrighted work,
- prepare derivative works based upon the copyrighted work,
- distribute copies of the copyrighted work by sale or loan,
- perform or display the copyrighted work publicly,
- perform the copyrighted work publically by means of a digital audio transmission.
Currently, the author’s rights begin when a work is created. Copyright notices are not required on works created after March 1, 1989.
Copyright protection exists for all works created in any medium of expression as long as the works are fixed in a tangible medium of expression so they can be experienced with or without the aid of equipment. Such works include:
- Literary works;
- Sheet music and musical performances;
- Dramatic works, including any accompanying music;
- Pantomimes and choreographic works;
- Pictorial, graphic, and sculpture works;
- Motion pictures and other audiovisual works; and
- Sound recordings.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of these exclusive rights granted to the author. A copyright infringer can be liable for actual damages and profits, or for statutory damages, as determined by a court. Court rulings show that statutory damages may range from $250 to $50,000 per infringement, depending upon the extent of the infringement. In addition, the infringer can be assessed for court costs and the plaintiff’s attorney’s fees. Court costs and attorney’s fees frequently exceed the amount of damages and profits. When infringements are made for profit, criminal charges and potential imprisonment may be added. Employees who engage in copyright infringement may be subject to SPCC’s personnel disciplinary procedures. Students who engage in copyright infringement may be subject to SPCC’s Student Code of Conduct and/or Academic Integrity.
Fair use provisions of the copyright law allow for limited copying or distribution of published works without the author’s permission in some cases. Examples of fair use of copyrighted materials include quotation of excerpts in a review or critique or copying of a small part of a work by a teacher or student to illustrate a lesson.
There are no explicit, predefined, legal specifications of how much and when one can copy, but there are guidelines for fair use. Each case of copying must be evaluated according to four (4) factors:
- The purpose and nature of the use. If the copy is used for teaching at a non-profit institution, distributed without charge, and made by a teacher or students acting individually, then the copy is more likely to be considered as fair use. In addition, an interpretation of fair use is more likely if the copy was made spontaneously, for temporary use, not as part of an “anthology” and not as an institutional requirement or suggestion.
- The nature of copyrighted work. For example, an article from a newspaper would be considered differently than a workbook made for instruction. With multimedia material there are different standards and permissions for different media: a digitized photo from a magazine, a video clip from a movie, and an audio selection from a CD would be treated differently –the selections are not treated as equivalent pieces of digital data.
- The nature and substantiality of the material used. In general, when other criteria are met, the copying of extracts that are “not substantial in length” when compared to the whole of which they are part may be considered fair use.
- The effect of use on the potential market for or value of the work. In general, a work that supplants the normal market is considered an infringement, but a work does not have influence the market to be an infringement.
Peer-to-peer (P2P) file sharing is a convenient way for people to share files directly between computers using an online service. File sharing through a P2P network is not illegal so long as the person responsible for uploading the file has the legal right to distribute that file. However, since authors have the exclusive right to reproduce and distribute copies of their own work, sharing copyrighted music, videos, movies, articles, ebooks, or images without an author’s permission is an infringement of the author’s copyright.
Questions related to copying any materials should be directed to the Director of Library Services.
Intellectual Property
SPCC’s intellectual property policy and accompanying procedure address ownership of materials, compensation, copyright issues, and use of revenue from the creation and production of all intellectual property. The policy applies to all students, including those in distance learning courses and programs; all faculty, including those teaching distance learning courses and programs; all instructors, and all college staff.
Intellectual property is defined as any intellectual or creative work that can be copyrighted, patented, or trademarked. South Piedmont Community College (SPCC) encourages the development, writing, invention, and production of intellectual property designed to improve the productivity of the College and/ or to enhance the learning environment.
The ownership of intellectual property will be determined according to the following conditions:
The employee or student retains ownership and any revenue generated in any of the following situations:
- The work was created independently and as a result of the individual’s initiative. It was not requested by the College.
- The work is not a product of a specific contract or assignment made as a result of employment or affiliation with the College.
- The work was not prepared within the scope of the employee’s job duties.
- The work was produced by an employee or a student without funds, resources, or facilities owned or controlled by the College.
The College retains ownership if the above criteria are not met and/or if any of the following criteria apply:
- The work is prepared within the scope of the employee’s job duties.
- The work is prepared within the scope of class assignments.
- The work is the product of a specific contract or assignment made during the employee’s or student’s affiliation with the College.
- The development of the work involved facilities, time, and/or other resources of the College including but not limited to release time, grant funds, College personnel, salary supplement, leave with pay, or other materials or financial assistance.
The College retains and controls all rights to license or sell any intellectual property owned by the College. Any revenues generated from intellectual property owned by the College shall be treated as institutional funds to be used to support the needs of the College.
When it is foreseen that commercially valuable property may be created, the College and the employee or student should negotiate an agreement for ownership and sharing of benefits and compensation prior to creation of the property. Any agreement, whether occurring prior to or following creation of the property, will be negotiated with the President of the College.
Upon the emergence of issues or disputes relating to intellectual property, the President will appoint an ad hoc Intellectual Property Committee, composed of equal numbers of faculty and staff, to make recommendations to the President concerning the disposition of the issue. In cases where a student is involved, a member of the Student Government Association will also be appointed to the committee. The President will make the final decision on the issue.
Internet and Network Acceptable Use Policy and Procedure
I. PURPOSE
The College strives to provide information technology access in an environment in which access is shared equitably among users. This access is intended to be used in support of the College’s research, educational and administrative purposes. College owned or operated computer resources are for the use of College employees, students and other authorized individuals. This policy’s purpose is to protect the College’s technology users and computer resources and to ensure equitable access and proper management of these resources.
II. ACCEPTABLE USE
A. Acceptable Activity
The College’s information technology resources are intended for the use of its students, employees and other authorized individuals for purposes related to instruction, learning, research and campus operations. Users are expected to exercise responsible, ethical behavior when using all College computer resources. This policy makes no attempt to articulate all required or prohibited behavior by users of the College’s computer resources.
B. Unacceptable Activity
Unacceptable activity includes, but is not limited to, the following:
1. Deliberately downloading, uploading, creating or transmitting computer viruses, malware, or other software intended to harm a computer or the College’s network.
2. Destroying or modifying directory structures or registries or interfering or tampering with another individual’s data or files.
3. Developing programs that infiltrate a computer or computing system, harass other users and/or damage software.
4. Attempting to obtain unauthorized computer access or privileges or attempting to trespass in another individual’s work.
5. Using hardware or software sniffers to examine network traffic, except by appropriate College personnel, to diagnose the network for bottlenecks or other problems.
6. Using another person’s password or sharing of one’s own password (users should not share their password with anyone and those who choose to do so are responsible for the outcomes resulting from the use of their password).
7. Committing any form of vandalism on equipment, communication lines, manuals or software, or attempting to defeat or circumvent any security measures or controls.
8. Consuming food and/or beverages in computer labs, computer classrooms, library or any other areas restricted to protect systems.
9. Wastefully using finite resources such as large amounts of bandwidth including but not limited to, downloading music, television shows, software programs, and/or movies.
10. Connecting personal network devices on the College’s wired network. Connecting unsanctioned products (software or hardware) to the College network or installing products for personal use. Special provisions may be made for visiting artists, lecturers, and trainers at the discretion of the Chief Information Officer or Chief Information Security Officer. Information Technology support staff can offer assistance in gaining network access under these special circumstances, but the College cannot guarantee functionality and assumes no responsibility for configuration of or damage to non-college equipment.
11. Using the College’s computer resources and network to engage in disruptive, threatening, discriminatory or illegal behavior or behavior that violates the Cold of Student and/or Employee Conduct.
12. Disclosing confidential student or personnel information to unauthorized their parties.
13. Violating copyright laws and/or fair use provisions through: 1) illegal peer-to-peer file trafficking by downloading or uploading pirated or illegal material including, but not limited to, software and music files; and 2) reproducing or disseminating internet materials, except as permitted by law or by written agreement with the owner of the copyright.
14. Other activities that interfere with the effective and efficient operation of the College or its network or activities that violate the College’s Policies and Procedures.
III. RESERVATIONS OF RIGHTS AND LIMITS OF LIABILITY
A. The College reserves all rights in the use and operation of its computer resources, including the right to monitor and inspect computerized files or to terminate service at any time and for any reason without notice.
B. The College makes no guarantees or representations, either explicit or implied, that user files and/or accounts are private and secure. No right of privacy exists in regard to electronic mail or internet sessions on the College network or College-owned hardware.
C. The College is not responsible for the accuracy, content or quality of information obtained through or stored on the College network.
D. The College and its representatives are not liable for any damages and/or losses associated with the use of any of its computer resources or services.
E. The College reserves the right to limit the allocation of computer resources.
F. The College makes efforts to maintain computer resources in good working condition but is not liable for damages incurred by loss of service.
G. College funds may not be used to purchase personal network access or products.
H. The College shall not be liable legally, financially or otherwise for the actions of anyone using the internet through the College’s network or College’s computers.
WIRELESS INTERNET ACCESS
The College provides free wireless internet access. Users of wireless access must abide by the Wireless Internet Access Guidelines and this policy. Connection to the wireless network at any given time is not guaranteed. The College does not accept liability for any personal equipment that is brought to the College and, therefore, may not assist with configuration, installation, troubleshooting or support of any personal equipment.
ELECTRONIC COMMUNICATION
The College is committed to maintaining the integrity and responsible use of these platforms.
A. Eligibility for College-provided Electronic Communication Accounts
The College provides free electronic communication accounts to certain College employees, as determined by their appropriate Vice President, and to all students enrolled in a curriculum program. These accounts may include email, chat, and IM tools. The use of College-provided electronic communication accounts must be related to College business, including academic pursuits. Incidental and occasional personal use of these accounts is acceptable as long as such use does not generate a direct cost to the College or otherwise violate the provisions within this policy.
B. Security and Privacy
The College will make reasonable efforts to maintain the integrity and effective operation of its electronic communication systems, including email, chat, and IM. However, users should be aware that these systems should not be regarded as a secure medium for the communication of sensitive or confidential information. Due to the nature and technology of electronic communication, the College cannot assure the privacy of an individual’s use of the College’s electronic communication resources or the confidentiality of particular messages that may be created, transmitted, received, or stored.
C. Monitoring and Access
The College does not routinely monitor electronic communication by reserves the right to do so as deemed necessary. Students and employees should not have an expectation of privacy regarding their electronic communication addresses provided by the College. Any user of the College’s computer resources who makes use of encryption devices shall provide access when requested to do so by the appropriate College authority. The College reserves the right to access and disclose the contents of employees’, students’, and other users’ electronic communication without the consent of the user. This may occur in the following circumstances:
1. In the course of an investigation triggered by indications of misconduct or misuse.
2. As needed to protect the health and safety of students, employees, or the community at large.
3. As needed to prevent interference with the College’s academic mission.
4. As needed to locate substantive information required for College business that is not more readily available.
5. As needed to respond to legal actions.
6. As needed to fulfill the College’s obligations to third parties.
D. FERPA and Educational Records
Electronic communication, including that of students, may constitute “educational records” as defined in the Family Educational Rights and Privacy Act (FERPA). Electronic communication that meets the definition of educational records is subject to the provisions of FERPA. The College may access, inspect, and disclose such records under conditions set forth in FERPA.
E. Public Records Act
North Carolina law provides that communications of College personnel that are sent by electronic communication may constitute “correspondence” and, therefore, may be considered public records subject to public inspection under the North Carolina Public Records Act.
F. Retention and Disposal of Public Records
Electronic files, including electronic communication, that are considered public records are to be retained, archived, and/or disposed of in accordance with current guidelines established by the North Carolina Department of Cultural Resources or otherwise required by this policy.
PRIVATE EMPLOYEE WEBSITES, SOCIAL MEDIA AND OTHER INTERNET USE
When creating or posting material to a webpage or other internet site apart from the College’s website or approved ancillary external site or page, employees should remember that the content may be viewed by anyone including community members, students and parents. When posting or creating an external website, students, faculty and staff are not permitted to use the College’s name in an official capacity or use the College’s marks, logos or other intellectual property.
Employees are to maintain an appropriate and professional relationship with students at all times. Having a public personal website or social media profile, or allowing access to a private website or private social media profile is considered a form of direct communication with students.
VIOLATIONS
Each individual is ultimately responsible for their own actions. For employees, failure to exercise responsible, ethical behavior will result in disciplinary action up to and including dismissal. Students may be sanctioned according to procedures described in the Code of Student Conduct and other users may be barred permanently from using College computers and network access and suspended or expelled.
Certain activities violate federal and/or state laws governing use of computer systems and may be classified as misdemeanors or felonies. Those convicted could face fines and/or imprisonment.
Website Use Policy and Procedure
All official college web pages on the website must be approved prior to creation by the College The College is also responsible for recruiting and training staff outside who will keep content on designated college web pages accurate and current. SPCC staff and faculty members will be responsible for following website use procedures.
South Piedmont Community College’s presence on the World Wide Web is critical to its mission of learning, student success, workforce and community development. For many individuals, web pages on the Internet will be the single source of information about the college. SPCC web pages must reflect the college’s values, including respect for academics, intellectual properties, privacy, and the law, and the need to make information available to everyone without regard to disability.
- The college’s web policy is designed to establish standards and guidelines that will:
- Support the vision, mission, purpose and values of the college.
- Assist web developers in creating sites that comply with college policies, rules and regulations, and local, state, and federal laws.
- Facilitate the official business of the college and enable appropriate and secure online transactions.
Use of College Name, Seal, and Logo
The College name, seal, and interlocking logo may be used on a non-college website only with written permission from the President’s Office. Older, revised versions of the college’s name, seal, and interlocking logo may not be used.
Copyright
All electronic publications must follow college and legal standards regarding copyright. In general, web publishers must secure permission from the owner of the copyright when using copyrighted or trademarked materials, including text, photographs, audio, video, graphics, maps, or logos, and include a permission statement or disclaimer as required by the owner of the copyright or trademark.
Student Information Disclosure
The disclosure of information about students is governed by the Family Educational Rights and Privacy Act (FERPA). Faculty and staff should not post student information on non-secure web sites. While directory information should not be posted on college web pages, FERPA does allow the disclosure of certain information for directory purposes, including student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities, dates of attendance, and the most recent previous educational agency or institution attended.
Privacy
Web sites that collect individually identifiable information must provide a privacy statement. The statement must be clear and accessible and should cover the Federal Trade Commission’s core principles of privacy: notice, consent, access, security and enforcement.
SPCC collects and stores certain information about visitors to its website but does not identify individual users. The information gathered enables the college to produce summary statistical reports. Some applications on the website ask for personal information to enable the college to process requests. Information collected from users will be used only for the purpose defined when the request was made. SPCC does not sell, distribute, or otherwise provide information collected on its websites to third parties.
Accessibility
College web sites may be subject to the Americans with Disabilities Act and are subject to college nondiscrimination policies. All electronic publications, to the extent feasible, should be made accessible to people with disabilities. If accessibility is not feasible, the information should be made available by alternative means.
Links to and from Non-College Web Sites
Links from a South Piedmont Community College page to a non-college site must not imply college endorsement of the site’s products, services, or mission. A disclaimer must be included: Links on these pages to non-college sites do not represent endorsement by South Piedmont Community College or its affiliates. The college welcomes links to its web site for educational and informational purposes, but the link must not imply endorsement by or affiliation with South Piedmont Community College.
SPCC may provide links on its webpages to:
- Other government agencies
- Educational institutions within the service area or institutions with which the college has articulation agreements
- Libraries within the service area
- Hospitals within the service area
- Other entities deemed important to the economic development of SPCC’s service area
Requests for links on SPCC’s main links page for organizations that fall into one of the categories previously described must be in writing and directed to the college webmaster. Links may be provided for convenience and information only, and SPCC assumes no responsibility for their content and does not endorse those web sites or organizations. SPCC reserves the right to post links on the college web site that institutional representatives deem appropriate, and the college reserves the right to reject requests for links considered inappropriate. The college reserves the right to reject links. Requests for links should be made to the President’s Office.
Personal Web Pages
Personal web pages created by faculty, staff, or students on the college systems are the sole responsibility of their authors and must contain only information relevant to the college’s mission. Comments on the contents of those pages should be directed to the page author. As a service and for informational purposes only, the college may provide links to personal web pages. Personal pages must not indicate that the author is representing, giving opinions, or otherwise making statements on behalf of the college. The following disclaimer must be included: The opinions or statements expressed should not be interpreted as a position of or endorsement by South Piedmont Community College.
Hosting
Web sites covered by this policy are prohibited from hosting pages of entities or individuals not affiliated with the institution.
Fundraising
The South Piedmont Community College Foundation, Inc., is the sole entity authorized to conduct fundraising by utilizing college web pages.
Questions
For questions about the SPCC Web Policy, contact the President’s Office at 704-290-5251.
Campus Free Speech, Distribution of Materials, and Public Assembly Policy and Procedure
South Piedmont Community College (SPCC) encourages and supports open, vigorous and civil debate across the full spectrum of society’s issues as they present themselves to the College community. At the same time, limitations on activities on College property are necessary so that the College may fulfill its primary mission of educating students. The use of outdoor space on the College’s campus does not represent an endorsement or support by the College of the content or viewpoints expressed by the individual or group using the space. The College is a limited public forum and does not discriminate based on content viewpoint.
Procedure:
The College is limited to public forum that does not regulate speech or activities based on content or viewpoint. All individuals using College Space must comply with the following Procedures. These Procedures only apply to the use of College Space and not to the use of facilities on campus. For more information regarding facility use, see Policy 2.2.3-Facilities Use.
Nothing in these Procedures prohibits College Members from engaging in conversations with others on the College campus nor does it prohibit any College-sponsored activity.
I. Definitions
A. College Members - students who are currently enrolled at the College, registered student organizations, and/or individuals currently employed by the College.
B. College Space - all outdoor areas of the College campus.
C. College Use - use of a College Space by the College for official College business and/or functions.
D. Designated Area(s) - areas on campus in which the College permits noncommercial expressive activities of College Members and Non-Members on a first come first-served basis, unless the use of such area(s) have been previously scheduled pursuant to other provisions of this Policy. The President, or designee, is authorized to designate other areas on campus as Temporary Designated Areas when needed dependent on the location and size of a specific event or activity. Temporary Designated Areas are not permanent and will end after the specific event or activity. The following locations are the College’s designated areas:
Old Charlotte Highway Campus |
Patio |
L.L. Polk Campus |
Gazebo |
Lockhart-Taylor Center |
Grass area near street |
Tyson Family Center for Technology |
Grass area by side entrance |
E. Non-College Members - any individuals who are not currently enrolled at the College and/or are not currently employed by the College.
II. Use of Designated Areas by College Members
A. The College is committed to making the majority of its outdoor College Space, including the Designated Areas, available to College Members who wish to exercise their rights of speech, distribution of material, and assembly.
B. Except for assemblies, activities, or other use where 30 or more people are expected to attend, reservations to use Designated Areas by College Members are not required but are recommended for planning purposes. Reservations ensure that the desired space will be available on the desired date and time. For more information about reservations, see Section IV (B).
C. For assemblies, activities, or other use where 30 or more people are expected to attend, reservations of the Designated Area are required and should be made at least three (3) business days prior to the start of the activity. Where an event was not initially expected to have more than 30 people but evolves to exceed 30 people, the College Member in charge of planning the event shall make reasonable efforts to inform the Vice President of Student Services of the activity with as much time as possible under the circumstances.
D. The College maintains the right to reserve any Designated Area at any time, with or without prior notice, for College Use and such use will take priority over any other use.
E. All outdoor assemblies or events in Designated Areas may not be conducted within thirty (30) feet of any building or otherwise interfere with free flow of vehicular, bicycle, or pedestrian traffic.
III. Use of Designated Areas by Non-College Members
A. Except as stated herein, Non-College Members shall be allowed to use the Designated Areas between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays when the College’s general curriculum classes are in session. The Designated Areas are not available on weekends or when the College is closed. The College maintains the right to use the Designated Area at any time, with or without prior notice, for College Use and such use will take priority over any other use.
If on the weekends the College is having an official College event or if a speaker or group is hosting an event that is open to the general public and/or is a matter of public concern, the Designated area, or Temporary Designated Area, if so established, will be open to Non-College Members at times established by the President or designee.
B. Any Non-College Members will be allowed to use the Designated Areas within the time restriction. All Non-College Members must complete a Reservation Form (the “Form”) no later than three (3) business days prior to the start of the activity.
C. The College will assign use of a Designated Area on a first come, first serve basis; however, the College may regulate hours to fairly accommodate multiple groups.
IV. Use of College Spaces other than Designated Areas
A. Reservations of College Spaces that are not Designated Areas are not required for any use by individuals or groups, whether College Members or Non-College Members. Use of any College Spaces may be denied when such use may disturb the conduct of regular College activities. Reservations must be made at least three (3) business days prior to the activity. For activities in which 30 or more people are expected to attend, it is recommended that reservations are made as soon as possible, but no later than three (3) business days in advance.
B. College Space must be capable of accommodating the event as determined by the nature of the activity, staging requirements, and the anticipated audience. All activities must be in compliance with College health and safety policies, the North Carolina Fire Prevention Code, and local fire and life safety regulations.
V. General Rules and Regulations for Both College and Non-College Members
A. While expressing speech, distributing material, or assembling, both College and Non-College Members are prohibited from doing the following:
1. Engaging in non-protected speech such as obscenity, speech inciting criminal conduct, speech that constitutes a clear and present danger, or speech that constitutes defamation;
2. Touching, striking, approaching, or impeding the progress of pedestrians in any way, except for incidental or accidental contact;
3. Obstructing the free flow of pedestrian or vehicular traffic;
4. Using sound amplification or creating noise levels that are reasonably likely to or do cause a material and substantial disruption to the College educational environment and/or operations;
5. Damaging, destroying, or stealing College or private property;
6. Endangering the health or safety of persons; and
7. Possessing or using firearms, explosives, dangerous weapons, or substances not allowed on campus by law or by College policy (e.g., drugs, alcohol, tobacco, non-service animals, etc.).
Any acts that are disruptive to the College’s normal operations will not be tolerated and may result in an immediate termination of the activity.
B. Individuals may distribute pamphlets, booklets, brochures, and other forms of printed materials on the condition that such material is designed for informational (not commercial) purposes. Individuals distributing materials must provide a receptacle for the disposal of such materials. The College does not assume any obligation or liability for the content of such distributed material. Any signs used may not be larger than three (3) feet by four (4) feet in size. Signs must either be held by participants or be freestanding signs that do not stick into the ground. No signs may be mounted on buildings, trees, or other College property.
C. Individuals are responsible for the cleanliness and order of the area they use. Individuals shall leave the area in the same condition it was in before the activity. Individuals who damage or destroy College property shall be held responsible for such damage or destruction. This includes the campus buildings, sidewalks, lawns, shrubs, and trees.
D. Individuals are subject to sanctions for failing to comply with these procedures or other College policies. Such sanctions may include, but are not limited to: repairing, cleaning, painting, replacement costs, restitution (by order of a court), and being banned from future use. College Members may also be subject to College disciplinary action as outlined in the College policies and procedures. Individuals who violate these procedures may be issued a trespass warning and denied future access to College premises. Violations that require police intervention will be reported to the College’s security forces.
VI. Requesting Reservations for Use of Designated Areas and Other College Spaces
A. The College does not restrict assemblies, speech, or other activities based on the content or viewpoint. The purpose of reservations is to ensure there is adequate space at the requested date and time and to ensure the health and safety of those on the College campus.
B. All reservations requests should be submitted on the appropriate form to the Vice President of Student Services. Reservations will cover only one (1) day at a time. Requests for standing dates (e.g., every Tuesday) will not be honored.
The Vice President of Student Services will notify the Director of Campus Safety and the Vice President of Marketing and Communications of any approved Free Speech event.
C. The Office of Student Services may deny a request to reserve space for an activity if:
1. the applicant has not completed a reservation request form as required under this policy;
2. the reservation request contains a material misrepresentation or materially false statement;
3. the reservation request is not submitted at least three (3) business days prior to the desired date;
4. the applicant has been notified of damage to College property from use in the past and has not paid for repairs;
5. the reservation request is for a time that conflicts with the time of another preexisting reservation and there will not be sufficient room for the requested reservation;
6. the request to use College Space is scheduled at a time that conflicts with another preexisting reservation or the use of College Space at the requested time will interfere with a regularly scheduled College Activity; or
7. the use or activity would present an unreasonable health or safety danger.
The denial to use a College Space or Designated Area may be appealed through the College’s grievance and complaint policies.
VII. Polling Places on Campus
If campus buildings are used as public polling places, all activity must be in accordance with statutory and state/local Board of Elections requirements.
VIII. City Sidewalks
City sidewalks that run along the borders of or within the College’s campus are public forums and are available to all members of the public. Use of city sidewalks must comply with federal and state laws as well as city ordinances.
Solicitation by Outside Parties
Solicitation by outside parties is strictly regulated to provide protection for South Piedmont Community College employees and students.
No Solicitation-Distribution Procedure
South Piedmont Community College, as an employer, is legally responsible for promoting the efficiency of the public services it performs. The following rules address that legal responsibility:
- Solicitation or distribution by persons other than employees of South Piedmont Community College in those areas of school property that are not open to the public is prohibited.
- Solicitation or distribution by persons other than employees of South Piedmont in those areas of school property that are open to the public is prohibited to the extent that such solicitation or distribution results in substantial disruption of, or material interference with college, administrative, or operational activities. Areas open to the public are defined as areas outside the main entrance to college facilities and designated locations inside student centers at each campus.
- No solicitation or distribution by email, fax, or other electronic means may be made until approval is granted by the Vice President of Finance and Administrative Services.
- No written announcement or advertisement can be posted on SPCC property until approved by the Vice President of Finance and Administrative Services or their designee.
- No written announcement or advertisement can be distributed on vehicles parked on South Piedmont property until approval is granted by either the Vice President of Finance and Administrative Services (for employees and public) or the Vice President of Student Services (for students).
Field Trip Forms
Students should familiarize themselves with field trip forms, whether they are traveling in a South Piedmont Community College vehicle or their own vehicle. Field trip forms are mandatory and must be signed and submitted to Student Services before participating in the event. If a student drives their own vehicle, the college will assume no responsibility for loss or damage to any vehicle or its contents. Any citations the driver receives while driving their own vehicles is solely the responsibility of the driver.
Inclement Weather/Emergency Closing
During situations such as natural disasters, emergencies and/or inclement weather, the President has the discretion to alter the College’s operating schedule as needed. The President shall take steps necessary to deal with the situation and notify college employees. Students and employees should exercise caution when traveling to and from campus during periods of Inclement weather.
Although the campuses may be closed, online classes continue! Each on-campus class has a Canvas site and make up work for missed classes should be completed through Canvas. When the campus is closed, students should log in to their classes to avoid falling behind.
Crime Statistics and Annual Safety and Security Report (Clery Act)
The National Campus Safety Act requires all institutions of higher education to report annual campus crime statistics. The annual security report is also available at Student Services.
For offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(9) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). Such statistics shall not identify victims of crimes or persons accused of crimes.
|