1.0 Mission1.0 Mission
1.01 Mission Statement1.01 Mission Statement
Title: Mission Statement
Number: AP 1.01
Adopted: March 2012
Reviewed: May 2018
In service to the people of Northern Wisconsin, we deliver superior community college education that transforms lives, enriches communities, fosters economic development, and expands employment opportunities.
1.02 Vision Statement1.02 Vision Statement
Title: Vision Statement
Number: AP 1.02
Adopted: March 2012
Reviewed: May 2018
To be a model college recognized for educational excellence and valued as a vital resource by the people of Northern Wisconsin.
1.03 Values1.03 Values
Number: AP 1.03
Adopted: March 2012
Reviewed: May 2018
- We believe in the worth and dignity of the individual, and we therefore commit to treating each person with kindness and respect.
- We honor individual freedom of inquiry and individual and group contributions to governance.
- We value education as a lifelong process.
- We value our students and we strive to empower them to realize their educational goals.
- We value our staff and Board, and we strive to support each other in our common efforts to contribute fully to the success of Nicolet and each other.
- We value our communities and we strive to enrich them by being responsive to their needs through partnerships.
1.05 Core Abilities1.05 Core Abilities
Title: Core Abilities
Number: AP 1.05
Adopted: March 2012
Reviewed: May 2018
Nicolet College has identified a set of core abilities central to the future success of our students. Core abilities are incorporated into educational programs to enhance student development. Similarly, our employees are expected to develop and demonstrate these abilities and behaviors in their daily work and their interactions with others.
Apply Mathematic, Scientific, Artistic, and Technological Concepts
Success as a member of our complex society requires proficient application of mathematical, scientific, artistic, and technological skills.
Success in building communities requires teamwork, social awareness, and civic engagement which enhance the full range of human relationships at the local, national, and global levels.
Success as a communicator requires comprehensive application of language and visual arts skills across multiple settings to engage multiple audiences.
Embrace Lifelong Learning
Success as a lifelong learner requires a committed pursuit of professional and personal development to navigate change over a lifetime.
Success in ethical living requires rational reflection on behavior that leads a person to make principled and sustainable decisions.
Think Critically and Creatively
Success as a critical and creative thinker requires independent and rigorous reasoning that leads to informed decisions, innovation, and personal empowerment.
1.06 Student Code of Conduct and Complaint and Grievance Procedures1.06 Student Code of Conduct and Complaint and Grievance Procedures
Title: Student Code of Conduct and Complaint and Grievance Procedures
Number: AP 1.06
Adopted: August 2012
Reviewed: October 2017
Revised: December 2017
Jurisdiction Over Student Conduct
Students at Nicolet College are annually provided access to and, upon request, given a copy of the Student Code of Conduct. Students are responsible for reading and agreeing to abide by the provisions of the Student Code of Conduct and the authority of the student conduct process. The Student Code of Conduct and the student conduct process apply to the conduct of individual students and College-affiliated student organizations. Said conduct will be measured against the preponderance of the evidence standard to determine if a violation of the Student Code of Conduct has occurred.
Because the Student Code of Conduct is based on shared values, it establishes a set of expectations for the Nicolet College student, no matter where or when their conduct may take place (e.g. Study Abroad). Therefore, the Student Code of Conduct will apply to behaviors that take place on campus, at College-sponsored events, and may also apply off-campus, when the College determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include:
- Incidents that constitute a criminal offense as defined by Wisconsin State law. This includes first time and repeat violations of any local, state, or federal law.
- Incidents where it appears the student may present a danger or threat to the health or safety of his/her self or others.
- Incidents that significantly infringe upon the rights, property of self or others, or significantly breach the peace and/or causes social disruption.
- Any situation that is harmful to the educational interests of the College.
The Student Code of Conduct may be applied to conduct that takes place during the time a person is enrolled as a student, including all College breaks and between semesters. Further, the Student Code of Conduct applies to guests of community members; hosts may be held accountable for the misconduct of their guests. Visitors to and guests of Nicolet College are also protected by the Student Code of Conduct and may initiate grievances for violations of the Student Code of Conduct committed by members of the Nicolet College community against them.
Nicolet College may also extend its jurisdiction to misconduct that occurs prior to, but is not reported until after, the graduation of the offending student.
Any such misconduct will not subject the violator to normal conduct proceedings but will subject them to special proceedings for the revocation of a degree.
Explanation of Policies and Definitions
This Student Code of Conduct (Code) and College policies are provided to give students general notice of conduct expectations. This Code and College policies should be read broadly and are not intended to define misconduct in comprehensive terms.
Communications from the College to the students, and students are expected to respond without delay to requests, directions, and directives from College officials acting in the performance of their duties. Sanctions for failure to comply may be implemented where necessary to secure cooperation.
Complaints / Reporting / Confidentiality
Any person may file a conduct complaint/report with Nicolet College, orally or in writing about a student, student group, and/or organization suspected of violating this Code or College policy. Person making such complaints will normally be expected to appear for a hearing as the Complainant. The College may stand in lieu of the reporting party as the Complainant at the election of the reporting party, who may still need to share information as a witness.
- Filing of complaints: Any member of the College community, including guests and visitors, may file a complaint against a student alleging a violation of the Student Code of Conduct. At the request of any guest, visitor, student, faculty, or staff member, or acting independently, the College may file a complaint against any student according to the standards established by the Student Code of Conduct alleging a violation of the Code.
- Reports can be made in two different ways:
Confidential: This report is used solely for tracking statistics and information about the incident. No formal action will be taken against the suspect, and the complainants name will remain anonymous. Cases in which multiple reports are filed regarding a certain individual, the College may move forward as the “Complainant” with or without a cooperating witness.
Non-Confidential: This is a full report that will be used by the College to investigate the complaint that has been filed and, if appropriate, pursue charges.
- Consolidation: Where more than one student is accused of violations arising out of a single occurrence or out of connected multiple occurrences, a single hearing may be held for all the students accused. Students may request that their complaint be consolidated with others or separated from others. The College will make determinations regarding consolidation; however, the separation of one or more complaints from a group of complaints will not be considered to affect the remaining complaints in the group.
- Confidentiality: Cases involving discrimination and especially sexual harassment are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information relating to the case should be limited to individuals who have a legitimate need to know or who have information relevant to the investigation in order that the privacy of all individuals involved is safeguarded to the extent practicable under the circumstances.
Every effort should be made to protect members of the College community so that they may report incidents, especially incidents involving acts of discrimination and sexual harassment, without fear of reprisal or retaliatory action. Confidentiality will be respected insofar as it does not interfere with the College’s obligation to investigate allegations of misconduct and to take corrective action where appropriate. The College will honor the right to report instances where a student has been harmed or is incapacitated. College employees and students are obligated to comply with requests to provide statements during an investigation.
Applicability of Code/Focus of Investigation
- This Code does not apply to any admission decision or any decisions made by the College for academic reasons. The College prohibits all forms of academic dishonesty, but such violations are under the jurisdiction of the Vice President of Academic Affairs.
- The focus of the investigation in student conduct proceedings is to determine whether students accused of violating this Code or College policy are “responsible” or “not responsible” as alleged and to assign any applicable sanctions. Deviations from prescribed procedures (including time deadlines) will not invalidate a decision or proceeding unless significant prejudice to a student or the College would result.
- Should a student withdraw from the College with a pending conduct complaint, it is the typical practice of the College to pursue investigation and resolution of the campus complaint, regardless of the fact that the student has withdrawn. If the student is found responsible for violation of the Student Code of Conduct, a hold will be placed on the student, restricting the ability of the student to re-enroll until all sanctions have been satisfied.
Violations of Law
Allegations of violations of federal, state, and local laws are incorporated as offenses under the Student Code of Conduct. Any offence for which the College has jurisdiction, the College conduct process will usually go forward notwithstanding any criminal charges that may arise from the same incident. College proceedings will not be subject to challenge because criminal charges involving the same incident have been dismissed or reduced.
When a student is accused, arrested, charged, or indicted for a crime committed off-campus, the College may elect to take action for violations of the Student Code of Conduct, which incorporates violation of local, state, or federal laws as code infractions.
When criminal charges are pending for any felony and/or misdemeanor, the College may be delayed or prevented from conducting its own investigation and from moving forward with a conduct hearing. In such cases, the College may choose to delay its hearing until it can conduct an internal investigation or obtain from law enforcement sufficient information upon which to proceed. In cases that fall within the protections of Title IX as sex or gender discrimination, delays can be granted but for no longer than 10-14 days to allow for law enforcement evidence gathering. The College process cannot be delayed beyond the above timeframe unless all parties agree because the evidence gathering phase by law enforcement extends beyond the timeframe identified above.
Nicolet College may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect and may use information from law enforcement agencies, news agencies, and the court to assist in determining whether College rules have been violated.
The Nicolet College community is committed to fostering a campus environment that is conducive to academic success, a meaningful campus life, and thoughtful study and dialogue. A community exists based on shared philosophies and respectful interaction. Student members of the community are expected to uphold and abide by certain policies, rules, and standards of conduct that form the basis of the Student Code of Conduct. When students of the community fail to demonstrate these standards, campus conduct proceedings are used to assert and uphold the Student Code of Conduct.
Abuse of College Technology: Misuse of College computing facilities, equipment, network, passwords, accounts, or information. Students who connect their personal computers (or other technologies) to the campus network will be held responsible for any violation of this policy that originates from that device. Examples of misuse include:
- Access, use, inspection, or modification of data or functions that are neither allotted nor authorized as a part of the user’s account nor specified as public domain information;
- Access, use, inspection, or modification of data that refer to computer utilization, computer access authorization, or security;
- Abuse or improper use of hardware;
- Installing or executing unauthorized or unlicensed software on any College owned or operated computer resource;
- Causing disrupting noise, displaying abusive behavior toward other users, or creating other disturbances in any campus computing area;
- Sending, displaying, printing, or storing obscene, pornographic, fraudulent, harassing, threatening, racist, or discriminatory images, files, or messages through the College’s network;
- Access and/or use of another user’s account and the data contained in that account;
- Theft, destruction, or removal of data or College-owned computer resources;
- Unauthorized copying, installation, and/or distributing electronic media by any means;
- Physical or electronic interference with other computer systems users;
- Dissemination or distribution of a user account password to any other person;
- Use of computing facilities to interfere with the work of another student, faculty member, College official, or the normal operations of the College computing system;
- Any other practice or user activity that constitutes irresponsible behavior, promotes illegal activities, results in the misuse of computer resources, or jeopardized the operation of computer or network systems.
Academic Misconduct: Academic misconduct includes, but is not limited to, an act in which a student seeks to claim credit for the work or efforts of another without authorization or citation. Uses unauthorized materials or fabricated data in any academic exercise. Forges falsifies academic documents or records. Intentionally impedes or damages the academic work of others. Cheats on examinations, including the unauthorized use of materials or aids, or use of unauthorized additional time. Violates course rules as contained in the course syllabus or other information provided to the student. Violates program policies and/or regulations established by a program and made available to students.
Aiding and Abetting: Action or inaction by someone in complicity with an offender, which encourages or fails to discourage a known and obvious violation of College policy or local, state, or federal law.
Alcohol Use/Abuse: Use, possession, or distribution of alcoholic beverages, except as expressly permitted by law and the College’s Alcohol Policy. This includes the consumption by those under the age of 21, providing alcohol to those under the age of 21, possession of a common source container (empty or full) and/or participating in “drinking games” that aid in the mass consumption of alcohol, driving under the influence, and public intoxication by persons of any age.
Animals/Pets: Unauthorized possession of unapproved pets, creatures, or animals within College owned or operated buildings or at College sponsored activities.
Destruction of Property: Intentional reckless, negligent, and/or unauthorized destruction or damage to College property or to the property of another.
Disorderly Conduct: Conduct which motivates and/or is intended to provoke lawless action while on campus or at functions sponsored by or participated in by the College. Conduct which is disorderly, indecent, or lewd while on campus or at functions sponsored by or participated in by the College. Failure to comply with the directions of a College official, law enforcement officers, and emergency personnel during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Disruption of College Operations: Obstruction of teaching, research, administration, safety and security, College activities, or other authorized activities which occur on campus (e.g. conferences, guest speakers, and meetings). Failure to comply with the directions of a College official.
Drug Use/Abuse: Under the influence and/or use, possession, in the presence of, or distribution of narcotic, other controlled substances, or the use of general products as intoxicants, as well as drug paraphernalia. Abuse and/or misuse of prescription or over-the-counter medication; allowing someone else to abuse and/or misuse your prescriptions, including “distribution” by allowing someone else access to your prescription, whether or not they have a prescription for the medication themselves.
Fire Safety: Violation of state, local, or campus fire policies, failure to evacuate a College-owned or -managed building during a fire alarm, tampering, improper use, misuse, or abuse of College fire safety equipment, unwarranted dispatch of “first responder” and/or fire emergency services, tampering with or improperly engaging a fire alarm in a College building, intentionally, recklessly and/or negligently causing a fire which damages College or personal property or which causes injury to any member of the community, intentionally causing or ignoring any condition which creates a substantial fire and/or safety risk upon college properties.
Furnishing False Information: Knowingly furnishing or possessing false, falsified, or forged information such as falsification or misuse of documents, accounts, records, identification, verbal, written, or otherwise communicated statements or financial implements. Misuse or unauthorized use of College or College-affiliated organizational names, images, and logos.
Incident of Bias: Discriminatory harassment, intimidation, and bias-related incidents.
Obstruction of Freedom of Movement: Obstruction of freedom of movement by community members of visitors.
Published Policies: Violations of other published College rules or policies not represented in this Code.
Sexual Misconduct: Including sexual harassment, sexual assault, non-consensual sexual contact, sexual exploitation, and rape.
Stalking: Defined as intentionally or knowingly engaging in a course of conduct directed at or concerning a specific person that would cause a reasonable person to suffer serious inconvenience or emotional distress, to fear bodily injury or to fear bodily injury to a close relation, to fear death or to fear death of a close relation, to fear damage or destruction to or tampering with property, or to fear injury to or the death of an animal owned by or in the possession and control of that specific person.
Student Conduct Process Violation: Failure to attend meetings scheduled for student conduct administration purposes. Falsification, distortion, or misrepresentation of information. Failure to provide, destroying, or hiding information during an investigation. Discouraging an individual’s proper participation in or use of the student conduct system. Harassment (verbal or physical) and/or intimidation of a member of a student conduct body prior to, during, and/or after a student conduct proceeding. Failure to comply with the sanction(s) imposed by the student conduct system. Influencing or attempting to influence another person to commit an abuse of the student conduct system. Knowingly or negligently violating the terms of any student conduct sanction imposed in accordance with this Code. Retaliation against any witness or reporting individuals. Failing to respect the rights of privacy of any member of the College community (e.g. student conduct hearings and records, and other protected student records).
Theft: Knowingly taking possession of stolen property. Intentional theft or unauthorized taking of College property or the property of another.
Tobacco Use: The use of tobacco and/or the use of products designed to simulate the use of tobacco, excluding those products that have not been designated as an approved tobacco cessation product by a recognized governing body or organization possessing the authority to approve said products for cessation purposes.
Unauthorized Access: Unauthorized possession, duplication, or use of means of access (keys, I.D. cards, permits, etc.) to any College building or service. Misuse of access privileges to College premises or unauthorized entry to or use of buildings or grounds.
Violation of Law: Actions which violate local, state, or federal laws.
Violence: Threatening or causing physical harm, actions determined to be of a retaliatory nature, extreme verbal abuse, hazing, or other conduct which threatens or endangers the health or safety of any person.
Weapons Violation: Unlawful possession of firearms, explosives, other weapons, or dangerous chemicals on campus.
One or more of the following sanctions may be imposed for violations of this code or College policy:
- Degree Revocation: Students who are expelled post-graduation are subject to having their degree revoked. They lose the right to claim graduation from Nicolet College or to hold themselves out as graduates. Notations will be indicated on their transcript accordingly. Students who are suspended post-graduation are subject to having their diploma and/or degree withheld until the suspension is complete. These proceedings will only be convened if the offense alleged would have subjected the violator to suspension or expulsion if reported prior to graduation.
- Expulsion: Permanent separation of the student from the College. A notation will appear on the student’s transcript. Expelled students may also be barred from the College premises and College sponsored events.
- Suspension: Separation of the student from the College for a specific time. A notation of suspension will appear on the student’s transcript. Formal reapplication to the College also may be required following completion of the suspension period. The meeting of certain requirements may also accompany the suspension, and any readmission can be conditioned on the satisfactory completion and proof of completion of those requirements.
- Conduct Probation: Conduct probation is a final and formal warning status issued by the College to the student. Further violations of the Code resulting in a finding of “responsible” will result in suspension or expulsion unless mitigating circumstances or information is identified. Additional restrictions or conditions also may be imposed.
- Conduct Reprimand: The student is warned that further misconduct may result in more severe sanctions. The reprimand will indicate that continuation or repetition of specific conduct may be grounds for other sanctions.
- Financial Restitution: The student is required to make payment to the College and/or to other persons, groups, or organizations for damage incurred as a result of a violation of this Code or College policies. Damages will include not only direct costs of items involved but also indirect costs of College personnel involved.
- Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified in this Code. Additional or other sanctions include, but are not limited to:
- Loss of privileges, consistent with the offense committed such as:
- On-campus site restriction (e.g. class only).
- Restrictions from representing the College or participating in any extracurricular activity;
- On-campus dining privileges;
- The assignment of projects;
- Orders of limited or no contact;
- Imposition of fines, which will not exceed $500 for each violation;
- Confiscation for a specified time of the property or materials used in a violation, or are in violation of College policy;
- Recommended sanctions for alcohol, drugs, and/or substance violations may include but are not limited to:
- Warning, reprimand, etc.
- Substance counseling, referral, etc.
- Parent/Guardian notification
- $100 fine
- Educational program or project
- Probation (as listed above)
- Suspension (as listed above)
- Expulsion (as listed above)
- Statements of Understanding: are signed (or mediated) statements that students will abide by all College rules, and policies or specific practices, with the understanding that violation of any rule, regulation, or agreement will result in further sanctions;
- Referral to Transitions Counseling, or other outside agency for assessment.
Certain violations of this Code or College policies may result in suspension or expulsion unless specific and significant mitigating factors are present. This can include first time and/or repeated violations. The presence or involvement of alcohol or drugs will not constitute a mitigating factor. The following list of examples is not meant to be comprehensive.
- Incidents of violence, sexual misconduct, and sexual harassment.
- Incidents involving drug possession, under the influence and/or use, distribution or sale; including misuse of legal prescription drugs.
- Incidents of reckless endangerment, misuse of emergency equipment, or any type of smoking or fire resulting from abuse or negligence.
- Incidents of harm brought to oneself or others (including instances when a student knew or should have known such harm might exist or result). This includes instances of hazing, drug involvement, alcohol abuse, driving under the influence, and reckless driving even when the student thought it was a prank.
- Incidents involving theft, stealing, or false statements or reports.
- Repeat offenses.
- Failing to comply with officials in the performance of their official duties.
- Acts that constitute a violation of local, state, or federal laws.
The College may suspend a student for an interim period pending conduct proceedings or medical, psychiatric, or psychological evaluation. Such interim suspension becomes effective immediately whenever there is information that the continued presence of a student on College premises or at College sponsored activities poses a substantial threat to self or others, or to the stability and continuity of normal College operations. There may also be circumstances in which it is necessary to invoke an interim suspension in furtherance of an ongoing investigation into a conduct code violation and/or a violation of state law.
A student suspended on an interim basis will be given the opportunity to appear before the administrator within three business days from the effective date of the interim suspension. An informal conference will be held on the following issues only:
- The reliability of the information concerning the student’s conduct, including the matter of their identity.
- The question as to whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on College premises or at College sponsored activities poses a substantial threat to himself, herself, others, or to the stability and continuance of College functions. In any complaints covered by Title IX (sexual misconduct, sexual harassment, stalking, etc.), the complainant will be given the opportunity to address the appropriateness of interim suspension as well.
- Respondent(s) who fail to appear at this informal conference are in violation of the Student Code of Conduct for failure to comply with the instructions of a College official and will be subject to disciplinary sanctions.
Gender and Sex-Based Misconduct
Members of the College community, guests and visitors have the right to be free from all forms of gender and sex-based discrimination, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the College community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Nicolet College believes in a zero tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.
Overview of Expectations With Respect To Physical Sexual Misconduct
The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence--without actions demonstrating permission--cannot be assumed to show consent.
Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.
Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “No”.
Sexual Misconduct Offenses Include, But Are Not Limited To:
- Sexual Harassment
- Non-Consensual Sexual Contact (or attempts to commit same)
- Non-Consensual Sexual Intercourse (or attempts to commit same)
- Sexual Exploitation
- Sexual Harassment
Sexual Harassment is:
- unwelcome, gender-based verbal or physical conduct that is,
- sufficiently severe, persistent or pervasive that it,
- unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is
- based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
Non-Consensual Sexual Contact is:
- any intentional sexual touching,
- however slight,
- with any object,
- by a man or a woman upon a man or a woman,
- that is without consent and/or by force.
Sexual contact includes:
Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Non-Consensual Sexual Intercourse is:
- any sexual intercourse
- that is without consent and/or by force.
- by a man or woman upon a man or a woman,
- with any object,
- however slight,
Vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Occurs when a student takes non-consensual or abusive sexual advantage of another for their advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting another student;
- Non-consensual video or audio-taping of sexual activity;
- Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
- Engaging in voyeurism;
- Knowingly transmitting an STI or HIV to another student;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
- Sexually-based stalking and/or bullying may also be forms of sexual exploitation.
Additional Applicable Definitions:
- Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
- Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
- Previous relationships or prior consent cannot imply consent to future sexual acts.
- Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).
- Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
- In order to give effective consent, one must be of legal age.
- Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
- Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).
(1) This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy.
- Use of alcohol or other drugs will never function as a defense for any behavior that violates this policy.
- The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.
- Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*
- Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.*
- Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*
*The Student Code of Conduct Body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.
Other Misconduct Offenses (Will Fall Under Title IX When Sex Or Gender-Based)
- Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
- Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
- Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
- Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;
- Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
- Violence between those in an intimate relationship to each other;
- Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
Victim’s Bill Of Rights
In accordance with VAWA Pub. Law 113-4 and the Higher Education Act of 1965 as amended 20 USC 1092 (The Jeanne Clery Act) Nicolet College has adopted the following Victim’s Bill of Rights.
All Nicolet College community members have the right to:
- Make a report to local law enforcement and/or state police; have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution.
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
- Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
- Describe the incident to as few institution representatives as practicable and not be required description of the incident.
- Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
- Have access to at least one level of appeal of a determination.
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process.
- Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.
Administrative Hearing Procedure
- Complaints of a violation of College policy and the Student Code of Conduct may be referred to an Administrative Hearing.
- Conduct Officers will hear each case and measure an individual’s level of responsibility via the preponderance of the evidence. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not the amount of evidence.
- The Conduct Officers for an Administrative Hearing will be the Director of Student Success, Director of Risk, Compliance, and Security, or an assigned appropriate designee.
- A Respondent may bring written statements and information, as well as material witnesses. Failure to appear at the assigned time without reasonable notice will result in the matter being heard without the benefit of the Respondent’s testimony.
- Students subject to an Administrative Hearing are afforded the following procedural protection:
- Notification of the alleged misconduct and day and time of the scheduled hearing will be given to the accused at least three days prior to the hearing.
- A Respondent will be given the opportunity to accept responsibility for violation(s). If they do not accept responsibility, the student(s) will then have the opportunity to respond to any information or jurisdiction pertaining to the complaint. The Conduct Officers will determine if it is more likely than not that the information indicates a violation. If the student(s) accepts responsibility or is deemed responsible, appropriate sanctions will be administered.
- The Respondent will have an opportunity to present their information to the Conduct Officer and to respond to information against them. Information may consist of written statements, records, and/or verbal testimony.
- Hearings will be closed to the public except for the accused, witnesses, and the accused’s advisor of choice.
- Within five (5) days after the Conduct Officer hears the complaint, the accused will receive a letter summarizing the Conduct Officer’s decision.
The findings and/or sanctions imposed by a Conduct Officer post-investigation can be appealed by any party only according to the grounds described below.
All sanctions imposed by the original hearing body will be in effect during the appeal. A request may be made for special consideration in urgent circumstances, but the presumptive stance of the College is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the College or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
Individuals must petition the Director of Risk, Compliance, and Security within five (5) business days of receiving the written decision for a review of the decision or the sanctions imposed. Any party who files an appeal must do so in writing. The Director of Risk, Compliance, and Security will share the appeal with the other party when appropriate (e.g., if the accused student appeals, the appeal is shared with the complainant, who may also wish to file a response), and then the Director of Risk, Compliance, and Security will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to an Appeals Officer for initial review to determine if the appeal meets the limited grounds and is timely. An Appeals Officer may be a Conduct Officer who has not been previously associated with the case, the Vice President for Student Affairs, or the Vice President of Academic Affairs. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. The party requesting appeal must show error, as the original finding and sanction are presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:
- A procedural [or substantive] error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
- The sanctions imposed are substantially disproportionate to the severity of the violation.
If it is determined that new evidence should be considered, the complaint will be returned to the original hearing body to reconsider in light of the new evidence only. The reconsideration of the hearing body is not appealable.
If it is determined that a material procedural [or substantive] error occurred, the complaint may return to the original hearing body with instructions to reconvene to remedy the error. Cases where the procedural or substantive error cannot be cured by the original hearing officers (as in cases of bias), a new hearing on the complaint will be scheduled. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed once, on the four applicable grounds for appeals.
If it is determined that the sanctions imposed are disproportionate to the severity of the violation the Appeals Officer will return the complaint to the Conduct Officer, which may then increase, decrease, or otherwise modify the sanctions. This decision is final.
The procedures governing the hearing of appeals include the following:
- All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
- Every opportunity to return the appeal to the original hearing body for reconsideration (remand) should be pursued;
- Appeals are not intended to be a full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the grounds for appeal;
- This is not an opportunity for Appeals Officers to substitute their judgment for that of the original hearing body merely because they disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing body making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so;
- Sanctions imposed are implemented immediately unless a Conduct Officer stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
The Appeals Officer will render a written decision on the appeal to all parties within seven (7) business days from hearing of the appeal. An Appeals Officer’s decision to deny an appeal request is final.
Appeals Concerning Matters of Sexual Misconduct
Either party may submit a written request for an appeal to the Director of Student Success. In the request, the party must identify the specific grounds upon which the appeal is based and must provide all of the detail the appealing party wants considered in support of the appeal. The Director of Student Success will convene an appeal within five (5) business days of receiving the appeal request.
Where an appeal is requested by the Respondent, the Complainant will be provided with a copy of the Respondent’s appeal and invited to respond. Where an appeal is requested by the Complainant, the Respondent will be provided with a copy of the Complainant’s appeal and invited to respond. However, in either case, the Appeals Officer will review the appeal statement to determine whether the information contained therein is relevant and material to the determination of the appeal and, in general, the Appeals Officer may redact information that is irrelevant, more prejudicial to a party or witness than probative, an unwarranted invasion of an individual’s privacy, or immaterial. The Appeals Officer may also redact statements of personal opinions rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty.
Within seven (7) days of an appeal being filed, the Appeals Officer will schedule a meeting for consideration and disposition of the appeal. The Appeals Officer will be given access to the investigation materials that were made available to the initial Conduct Officer. In considering the appeal, the Appeals Officer may request additional information. Normally, the parties will not appear before the Appeals Officer, though they may be summoned at the discretion of the Appeals Officer.
The Appeals Officer may:
- Uphold the original decision;
- Remand the matter back to the original hearing body. The Appeals Officer may (but is not required to) take this action when there is a procedural irregularity that could be corrected in a review of the presentation of previously unavailable relevant information that could significantly impact the result of the original hearing body’s determination;
- Remand the matter to the original Conduct Officer with a recommendation that the penalty be modified, together with an explanation of why the original penalty is deemed inappropriate; or
- Remand the matter to an ad hoc review panel composed of authorized individuals not previously involved in the matter. This will be done only in extraordinary cases when, in the consideration opinion of the Appeals Officer, the matter would be best addressed by a newly-constituted body.
Any determination made following a remand of a matter is subject to the Appeals Officer utilizing this same process. In that case, the Appeals Officer may then issue a final determination on the matter.
If there is a conflict of interest, a new Conduct Officer will be appointed as the Appeals Officer. The assigned Appeals Officer concerned of a conflict of interest will provide the Director of Student Success with written notice of their decision, including grounds for the decision, within no fewer than 48 hours of the schedule appeal.
A record of the appeal will consist of the letter of appeal; any written statements from the parties, and the written decision that acceptable grounds for any appeal were not asserted (if that is the case), and the outcome of the appeal. This record will be appended to the written record of the original decision and will be kept with it as part of the case file maintained by the Director of Risk, Compliance, and Security.
Decisions of the Appeals Officers are final.
Access to Information and Records
- All information pertaining to investigations and hearing proceedings may be shared only with College employees who have a legitimate educational interest in the information.
- Students who wish to review and examine their files in the Student Conduct Office may do so in accordance with the Family Educational Rights and Privacy Act of 1974, as amended. Students must submit a request at least 24 hours in advance.
- Any student who harms him/herself or others, resulting in a medical or emergency, should expect that their parents or whoever is listed on the College’s emergency notification form may be contacted without permission from the students.
- Complainants(s) of any crime of violence will be given written simultaneous notice of the outcome and any sanctions resulting from the complaint they filed.
- Parental Notification: The College believes that parental involvement can be vital to student success. Therefore, Nicolet College may speak to parents or guardians to discuss impending or completed conduct actions, to the extent permitted by law:
- Notification may be made to parents of any student who is a dependent, regardless of age.
- Notification may be made to the parents/guardians of students who have violated polices that are “crimes of violence”.
- Notification may be made to parents/guardians of students who are under age 21 when those students have committed violations of the College’s Alcohol and Drug Policies.
- Notification may be made to parents/guardians whenever their student faces an emergency health and/or safety risk.
- “Conduct Hearing” means a procedure for resolving complaints conducted by an appointed Nicolet College Conduct Officer.
- “Code” means the Nicolet College Student Code of Conduct.
- “Distribution” means sharing, the sale, exchanging, gifting, or giving.
- “Organization” means a number of persons who are associated with each other and have complied with College requirements for registration as an organization.
- “Group” means a number of persons who are associated with each other and who have not complied with College requirements for registration as an organization.
- “College” means Nicolet College.
- “Recklessness and/or Negligence” means conduct which one should reasonably be expected to know could create a substantial risk or harm to persons or property or would be likely to interfere with normal College operations.
- “Preponderance of the Evidence” The federally mandated standard of evidence used to determine whether a violation of the Code has been committed. Under the preponderance of the evidence standard, a violation will be determined to have occurred if, based upon the evidence presented, College authorities conclude that it is more likely than not that the violation was committed. The “Preponderance of the Evidence” standard may also be noted or referred to as “More Likely than Not”.
- “Hearsay Information” is information of a statement other than information stated by a material witness while testifying at the hearing and that is offered to support either the complainant or respondent’s case.
- “Student” means any person who is currently enrolled and actively engaged in a post-secondary credit course, adult apprenticeship, and/or adult basic education with Nicolet College.
- “Accused Student” means any student formally accused of violating any policy of the College.
- “College Premises” means buildings or grounds owned, leased, operated, controlled, or directly supervised by the College.
- “College Policies” means:
- Any and all rules and policies set forth by Nicolet College, or any publication regularly distributed to students.
- Policies, rules, and values regulating student conduct published by Nicolet College.
- “Sexual Activity” means:
- Intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts or object; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
- Intercourse, meaning vaginal or anal penetration, however slight, by a penis, object, tongue or finger, or oral copulation (mouth to genital contact or genital to mouth contact).
- “Hazing” means any method of initiation into a student organization/group or any pastime or amusement which threatens, intimidates, causes, or is likely to cause bodily, physical, or emotional harm or injury to any student, employee, or guest of the College as part of a new member process, initiation affiliation or similar activities with respect to the group/organization, regardless of the physical cooperation with or submission to the activities by the victim. Hazing does not refer to customary athletic events or similar contests of competitions.
- “Weapon” means any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including but not limited to firearms and ammunition, bows and arrows, BB/pellet/air soft guns, paint guns, or any device capable of projecting an object that is capable of causing serious physical injury or death, knives with blades exceeding 2.5 inches in length.
- “College Official” means any employee of the College to whom authority has been delegated by an authorized individual.
- “Vice President” means the Vice President for Student Affairs or Vice President of Academic Affairs.
- “Administrator” means the Administrator responsible for Student Conduct (also referred to as the Conduct Officer).
- “President” means the President of Nicolet College.
- “Designee” means an administrator assigned by authorized personnel with the granting authority who is responsible for a student conduct matter.
- “Presiding Officer” means the Presiding Officer of Conduct Hearing.
- “College Student Conduct System” refers to the system outlined in this Student Code of Conduct.
- “Advisor” means an individual who offers moral support to the student. Within the Conduct Hearing process, both the Complainant and the Respondent are entitled at any meeting or other proceeding which is a part of the investigation and at which the Complainant or the Respondent are present to be accompanied by an Advisor of their choice – including an attorney at law. Such Advisor may be present but may not participate in the meeting or proceeding in any other manner and may not serve as an advocate or spokesperson.
- “Procedural Opportunity” means the accused student(s) will have notice of an alleged violation at or before an informal, non-adversarial meeting with the Administrator or designee to respond to any matters pertaining to the complaint filed against them.
IN THE ENFORCEMENT OF THIS CODE, THE COLLEGE’S STUDENT CONDUCT SYSTEM FUNCTIONS IN AN ADMINISTRATIVE MANNER. THE COLLEGE'S ADMINISTRATIVE PROCESS PROMOTES FUNDAMENTAL FAIRNESS BUT DOES NOT FOLLOW THE TRADITIONAL COMMON LAW ADVERSARIAL METHOD OF A COURT OF LAW, NOR SHOULD THE COLLEGE’S STUDENT JUDICIAL PROCESS BE CONSIDERED AN EXTENSION OF A COURT OF LAW.
Complaint and Grievance Procedure for Nicolet College Students
Under Board of Trustees Policy BP 4.03, students have the right, using the Complaint and Grievance Procedure for Nicolet College Students, to:
- Appeal sanctions imposed for behavioral or academic misconduct;
- Contest a policy or practice of the College or College staff that is considered improper or unfair, or;
- Contest situations where there has been deviation from or misapplication of a policy or practice unrelated to discrimination.
For the purposes of this procedure, days are defined as Monday through Friday when the College is open for business. Weekends, holidays and days when the College is closed are excluded.
Step 1- Complaint Procedure
A student must take the following steps to try to resolve the complaint prior to filing a formal grievance:
- If a student has not been able to informally resolve an issue with the appropriate College employee, the student must initiate this complaint procedure within ten (10) days of the action causing the complaint. The College employee will make a decision and respond to the student within two (2) days of the student initiating the complaint procedure. The College employee will also inform the student of the appeal process.
- If resolution is not achieved at the College employee level, the student should appeal to the employee’s immediate supervisor or designee to resolve the complaint. The appeal must be initiated within five (5) days of the employee’s decision and the supervisor must respond within two (2) days of the student initiating the appeal.
- If resolution is not achieved at the supervisory level, the next level of appeal is with the supervisor’s Vice President or designee. The appeal must be initiated within five (5) days of the supervisor’s decision. The Vice President or designee must respond with a written determination to the student within two (2) days of the student initiating the Vice President or designee appeal. The Vice President or designee will also inform the student of the steps in the grievance process.
- If the student disagrees with the decision, the student may file a written grievance.
Step 2- Grievance Procedure
- If the student is unable to resolve a complaint using the complaint procedure described above, the grievance must be filed in writing with the Director of Human Resources or designee within ten (10) days from the date of the Vice President’s or designee’s written determination. Written grievances may be filed in person, by U.S. mail, or through email. The student may withdraw the grievance at any point during the grievance procedure.
- In accordance with Federal requirements, 34 CFR Ch. VI 602.16 (a)(1)(ix), Human Resources will create a record of the student’s grievance and add it to a log of student grievances. The log will be maintained and updated through the remainder of the process.
- Human Resources will send acknowledgement confirming the receipt of the grievance form to the student. Human Resources will notify the person(s) against whom the grievance has been filed (hereafter referred to as the employee). The employee will also receive a copy of the grievance.
- A Grievance Committee will be appointed by Human Resources at the time of the grievance filing.
- A Vice President or designee not involved previously in the process, or their designee, will serve as the investigating officer in the grievance.
- The investigating officer will:
- Meet with the student and the employee separately.
- Examine documentation and interview witnesses.
- Consult with the employee’s supervisor.
- Prepare a written investigative report within five (5) days of the grievance filing.
- Copies of the investigative report will be forwarded to the Grievance Committee, the student, the employee, and the appropriate administrator(s).
- The Grievance Committee will review the grievance and the findings of the investigating officer and determine whether or not the facts warrant a hearing.
The Committee’s decision will be limited to one of the following statements:
- Based on the evidence presented, we determine a hearing is warranted; or
- Based on the evidence presented, we determine a hearing is not warranted.
Within two (2) days of receiving the investigative report, the Grievance Committee’s written decision will be sent to Human Resources who will notify the grievant and the involved individuals of the decision.
- If the Grievance Committee’s decision is that no hearing is to be held, the student may submit a written appeal to the President within two (2) days from the date of the Grievance Committee’s decision. The appeal must specify why the student feels a hearing is warranted. The President will respond in writing within five (5) days. The President may uphold the decision of the Grievance Committee, and at that point no further appeals within the College will be considered. Or, the President may instruct the Committee to go forward with the grievance hearing process.
- If a hearing is held (in person or by distance technology), the hearing will be held within five (5) days of the decision by the Grievance Committee or the President.
The hearing will be conducted following these guidelines:
- The Grievance Committee will select a chair. The chair of the Grievance Committee will establish a date for the hearing. A notice establishing the date, time, and place of the hearing will be provided to all involved parties.
- The student and the employee and any others the Grievance Committee deems necessary must appear for the proceedings unless they can verify to the Grievance Committee that their absence is unavoidable.
- The student and the employee will be permitted to have a third party of their choosing to act as advisor and counsel.
- The hearing will be closed to all except those persons directly involved in the case as determined by the Grievance Committee. Statements, testimony, and all other evidence given at the hearing will be confidential and will not be released to anyone and may be used by the Grievance Committee only for the purpose of making decision(s) related to the grievance.
- The Grievance Committee will file the final determination with the President, the Vice President, the student, and the employee after the conclusion of the hearing. The determination of the Grievance Committee is final.
- If a student believes there has been misinterpretation or misapplication of the policy or procedure, an appeal may be made to the Nicolet College Board of Trustees Chair for procedural review. The appeal must be in writing, specify in detail what aspect of the grievance procedure or process is being appealed, and be submitted to the Office of the President within ten (10) days of receipt of the determination by the Grievance Committee. The written appeal will be forwarded to the Board Chair who will determine if review by the Board of Trustees is warranted. If warranted, the Board of Trustees review will be limited to determining whether the appeal process was properly followed by College staff.
All required meetings may take place in-person or via distance technology. Written materials may be submitted and shared as paper copies or electronically. Students must work through the Step 1 - Complaint Procedure before moving to the Step 2 - Grievance Procedure.
If the College fails to give a written answer at Steps 1 or 2 within the designated timeframe, the student may immediately proceed to the next step. Failure by the student to meet applicable deadlines may be the basis for dismissal of any complaint. If it is impossible to comply with the time limits specified because of extenuating circumstances, these time limits may be extended by mutual consent in writing.
Wisconsin Technical College System (WTCS) Complaint Process
If a student believes there has been misinterpretation or misapplication of Nicolet policy or procedure, and that such misinterpretation or misapplication falls into one of the three categories listed below, they may file a complaint with the Wisconsin Technical College System office.
Students who attend a college that is part of the WTCS can file complaints at the state level in three categories defined by the United States Department of Education:
- Complaints that allege violations of Wisconsin consumer protection laws, including but not limited to false advertising;
- Complaints that allege violations of Wisconsin laws related to the licensure of postsecondary institutions; or
- Complaints relating to the quality of education or other State or accreditation requirements.
A student who reasonably believes that a violation has occurred in one or more of these categories may file a written complaint. Complaints must be signed by the student and
submitted on the official Student Complaint Form, available at: http://www.wtcsystem.edu/wtcsexternal/cmspages/getdocumentfile.aspx?nodeguid=58628a9f-1b88-419c-9b4f-7277417ccb76
Complaints must be filed within one year from the date of the alleged violation or the last recorded date of attendance, whichever is later. The WTCS will review complaints only after students attempt to resolve the matter through applicable College appeals or complaint processes.
By signing and submitting a complaint form, the student consents to disclosure by Nicolet College or the WTCS of any protected or confidential information that may be needed to review, investigate, and/or resolve the complaint; this includes referring complaints to another organization with jurisdiction and authority over the issue. The student also agrees to provide requested information and/or respond to questions about the complaint; failure to provide requested information or respond to questions about the complaint may result in the WTCS dismissing the complaint.
Notice: Under the Wisconsin Public Records Law, Ch. 19, Wis. Stats., any record or document that is part of the complaint review may be subject to disclosure upon request by a member of the public upon conclusion of WTCS action on the complaint, unless specifically exempt under law.
Higher Learning Commission (HLC) Complaint Process
Students, faculty, staff and members of the public may submit a complaint about an HLC-accredited institution directly to the Higher Learning Commission (HLC). The complaint process is designed to identify substantive problems with an institution’s ability to meet the Criteria for Accreditation. To file a complaint with HLC, or for questions concerning HLC’s Complaint Process, interested parties are encouraged to visit http://www.hlcommission.org/Student-Resources/complaints.html.
HLC’s process for reviewing and responding to a complaint is as follows:
- HLC will acknowledge a compliant within 30 working days of receipt.
- A compliant will be forwarded to an intuition for a response only if HLC determines the complaint represents substantive problems with the institution’s ability to meet the Criteria.
- The intuition has 30 days to respond to the complaint.
- HLC may take up to another 30 days to review an intuitional response to a complaint.
- HLC will notify the complainant whether the matter has been closed or if additional actions will be required.
STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) GRIEVANCES
The State Authorization Reciprocity Agreement (SARA) allows institutions to provide online distance learning to students who reside in other states without having to obtain the state’s authorization. Institutions must abide by the SARA Terms and Conditions and obtain approval each year to remain a part of SARA. Part of SARA’s requirements include the creation of a complaint process in accordance with Wis. Stats. Ch. 39.85, et al. This state law provides that any current or former student who is enrolled in an online distance education program with an institution that has been approved to offer distance education programs pursuant to the State Authorization Reciprocity Agreement (SARA) may file a complaint against the institution. This complaint process shall only apply to the distance education activity of the institution which is conducted across state lines. No other complaints shall be considered by the Distance Learning Authorization Board (DLAB). However, other resolution options may be available to the complainant as noted below.
For purposes of this process, a complaint shall be defined as a formal assertion in writing that the terms of this agreement, or of laws, standards or regulations incorporated by the State Authorization Reciprocity Agreements Policies and Standards (SARA Policies and Standards) are being violated by a person, institution, state, agency or other organization or entity operating under the terms of SARA. If you believe you have a complaint or dispute that fits under the terms of SARA, please complete the online form and submit it within the time frames provided. There are also FAQs to assist you in answering any questions you may have about the DLAB Complaint Process.
The DLAB has jurisdiction to consider only complaints or disputes that include the following criteria and factors:
A. The institution participates in the State Authorization Reciprocity Agreement through the approval of the State of Wisconsin Distance Learning Authorization Board (DLAB) to offer distance education programs out of state; and
B. The complainant has exhausted all internal complaint or grievance options available at the institution and no acceptable outcome was reached; and
C. The complaint relates to an issue, dispute or incident involving the distance education program being offered by the institution which occurred within two (2) calendar years from the date of the alleged violation(s); and
D. One or more of the allegations relate to the complaint:
1. The institution’s distance education program does not meet the state authorization requirements in Section 3 (Institutions and Participation) of the SARA Policy and Standards; or
2. The institution violated Section 4 (Consumer Protection) of the SARA Policy and Standards; or
3. The institution’s distance education program does not meet any other standards established by the institution’s accrediting agency or SARA.
The DLAB has no statutory or lawful authority or responsibility to respond to complaints related to course grades, academic sanctions or discipline/conduct matters in regard to any institution within the State of Wisconsin.
 “Day” or “business day” means normal operating hours, Monday through Friday, excluding recognized national holidays and days where the College is officially closed. In cases where additional time is needed in the investigation of a complaint, students will be notified accordingly. The College reserves the right to make changes and amendments to this policy and procedure as needed, with appropriate notice to the community.
1.07 General Public Standards of Conduct1.07 General Public Standards of Conduct
Title: General Public Standards of Conduct
Number: AP 1.07
Adopted: August 2012
Reviewed: July 2018
Revised: July 2017
Nicolet College believes in creating and maintaining a learning environment that values academic excellence, institutional integrity, justice, equity, civility, and diversity. Individuals must conduct themselves in a manner that is compatible with the mission, vision, and values of the College and does not interfere with educational processes or endanger the safety or welfare of other persons.
All individuals are expected to comply with all College policies and procedures, local, state, federal, and tribal laws. These standards of conduct apply to all College-controlled locations and College-sponsored activities or events. Anyone violating the General Public Standards of Conduct may be subject to disciplinary action. Violation of local ordinances, state or federal law on College premises, or at College-sponsored or supervised activities will be forwarded to local law enforcement authorities. Sanctions may be imposed for violations of these rules whether or not criminal or civil sanctions are pursued.
For safety and security reasons, the Director of Risk, Compliance, and Security or designee may also temporarily remove individuals from College-controlled locations or activities until a final resolution is reached.
Behavioral misconduct includes, but is not limited to, the following:
- All forms of dishonesty, furnishing false information to the College, and alteration or use of College documents or instruments of identification with intent to defraud.
- Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other authorized College operations or activities.
- Verbal abuse, physical abuse, sexual assault, or sexual harassment.
- Taking or threatening to take action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action, whether intentionally or as a result of reckless conduct or gross negligence.
- Theft or damage to property.
- Failure to comply with directions of College officials acting in the performance of their duties.
- Unauthorized entry into or use of College-owned or -controlled locations.
- Violation of any College policy.
- Violation of any local, state, federal, or tribal laws, regulations, or policies while in attendance at College-sponsored or supervised events or committing off-campus violations that adversely affect the College and/or the pursuit of its objectives.
- Failure to inform College authorities of behavioral misconduct when observed.
To report behavioral misconduct, use the following steps:
- In an emergency, contact 911.
- Using the Maxient system, notify the Director of Risk, Compliance, and Security or the Emergency Response Team that behavioral misconduct has occurred.
The Director of Risk, Compliance, and Security or designee investigates the misconduct and initiates the appropriate disciplinary process or dismisses it.
Sanctions for behavioral misconduct may include:
The Director of Risk, Compliance, and Security may:
- Provide an oral reprimand;
- Provide a written reprimand;
- Remove individuals from College-controlled locations or activities;
- Permanently ban individuals from College-controlled locations or activities.
The general public has the right to appeal sanctions by the Director of Risk, Compliance, and Security in writing to the President or designee, who will review the appeal and make a final decision.
Using Maxient, the Director of Risk, Compliance, and Security will record behavioral misconduct investigations with the Care team.
2.0 Student Services2.0 Student Services
2.01 Nicolet College Faculty Quality Assurance Standards (FQAS)2.01 Nicolet College Faculty Quality Assurance Standards (FQAS)
Title: Nicolet College Faculty Quality Assurance Standards (FQAS)
Number: AP 2.01
Adopted: August 2012
Reviewed: March 2016
Revised: March 2016
The President delegates oversight of the professional development plans for FQAS to the committee and the Managing Director of Strategic Initiatives.
The District Certification Officer (DCO) will provide administrative support for the committee.
2.02 Privacy of Records – Release of Written Information2.02 Privacy of Records – Release of Written Information
Title: Privacy of Records - Release of Information
Number: AP 2.02
Adopted: March 1995
Reviewed: September 2018
Revised: September 2018
The Nicolet College policy on record privacy and releasing information follows the directives outlined in the Family Education Rights and Privacy Act (FERPA), the federal law governing the protection of educational records. FERPA rights begin after the student is accepted at Nicolet College and starts classes.
Only the student may authorize the release of their personally identifiable information (PII) in an education record. All such authorizations must be in writing. A fee will be assessed for copying all or a portion of a student record, except those students governed by the provisions of the European Union General Data Protection Regulation (EU GDPR) in which no fee will be assessed.
Students and stakeholders can find this policy on the website, or may obtain a copy of the policy from the Welcome Center in the Red Oak Center. Additionally, registered students will be notified of this policy annually via all-student email.
Student Rights Under FERPA
- Students have a right to inspect and review their own educational records. The student must submit a signed, written request to the Registrar that identifies the record(s) they wish to inspect. The Registrar will make arrangements for access within 45 days and notify the student when and where the records may be inspected, except those students governed by the provisions of the EU GDPR in which students will be given electronic access, if requested, within 30 days. Before being allowed to view the record, the student must present official photo identification.
- Students have a right to request the amendment of educational records that they believe are inaccurate or misleading. The student must present a written request to the Registrar, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading.
If the Registrar denies the request to amend the record, the Registrar will notify the student and advise them of the right to appeal the decision using the Complaint and Grievance Procedure for Nicolet College Students, in AP 1.06 Student Standards of Conduct.
- Students have a right to grant written consent to disclosures of personally identifiable information contained in their own education record; FERPA authorizes some disclosures without consent.
- A record of disclosures will be maintained within a student’s file indicating when information has been released from that file and to whom, except for disclosures for legitimate educational interest. Students will not be notified of legally restricted disclosures or disclosures for legitimate educational interest.
- Students have the right to restrict the disclosure of Directory Information. To restrict the disclosure of Directory Information, a student must file a written request with the Registrar. This request to restrict disclosure of Directory Information will be honored until the student notifies the Registrar, in writing, to the contrary (see section on Directory Information below).
- Students who suspect a FERPA violation has occurred should contact the Registrar. Students also have a right to file a complaint with the U.S. Department of Education concerning alleged failures of the College to comply with requirements of FERPA.
The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
EXCEPTIONS UNDER FERPA
Under certain conditions, personally identifiable information can be released without student consent. These exceptions include:
The use of the term Directory Information does not mean that the College actually has a document containing Student Directory Information, or that the College has any obligation to produce such a document. The term Directory Information is a legal term applying to information that the College can release, without student consent, to any third party.
The College has defined Directory Information as the following:
- Student name
- Enrollment status and credit load
- Date of Birth
- Major field of study
- Classification and year
- Dates of enrollment
- Expected graduation date
- Types of degrees/diplomas/certificates and date granted
- Academic honors/awards received and date granted
- Photos/videos of students for use in College press releases, publications, and web sites
- Nicolet College assigned student email addresses
According to the Solomon Amendment, the College must release the student’s name, address, phone number, date of birth, class level, degrees received, major, and the most previous educational institution in which the student was enrolled to the U.S. Armed Forces.
Authorized Federal, State, and Local Authorities
Student authorization is not required to disclose PII to an authorized representative of the following individuals or entities:
- The Comptroller General of the United States
- The Secretary of the U.S. Department of Education
- State educational authorities
- Accrediting organizations
- Agencies involving an audit or evaluation of compliance with education programs
The College may disclose PII from a student’s education record without the student’s consent if the information disclosed is necessary to determine the eligibility for financial aid; determine the amount of the aid; determine the conditions for the aid; and/or enforce the terms and conditions of the aid. The disclosure of PII to Employers, Native American Tribal Education Departments, Division of Vocational Rehabilitation, and the Veterans Administration is permissible as long as the disclosure of PII is in connection with the payment of financial aid funds for which the student has applied or has already received.
The College may disclose PII from a student’s education record without the student’s consent to organizations conducting studies for, or on behalf of, Nicolet College.
Other Educational Institutions
Personally identifiable information can be released to other schools where the student is dually enrolled, seeks, or intends to enroll.
Personally identifiable information can be released to law enforcement personnel, emergency personnel, and College officials in an emergency to protect the health or safety of students or other persons.
Legitimate Educational Interest
Officials of the College who have a legitimate educational interest may have access to student records without obtaining consent from the student.
Officials of the College are defined as:
- persons employed by the College in an administrative, supervisory, academic, research, or support staff position,
- persons serving on College governing bodies, and
- persons employed by or under contract to the College to perform a specific task, such as an attorney, auditor, or collection agent.
An official has a legitimate educational interest if they need to:
- perform duties specified in their job description or under terms of contractual agreement;
- provide campus services related to a student, such as advising, financial aid, and counseling;
- conduct tasks related to a student’s education, campus discipline or security.
Personally identifiable information must be released to comply with a judicial order or lawfully issued subpoena. Unless the court (or other issuing agency) has ordered that the existence or the contents of the subpoena or judicial order not be disclosed, the College will make a reasonable effort to notify the student before complying so that the student may seek protective action.
Information about a student or students involved in a grievance investigation may be released to members of the grievance committee, including any students assigned to that committee, if such information applies to the investigation.
The results of a disciplinary hearing may be released to an alleged victim of a crime of violence or a non-forcible sex offense without the permission of the accused.
U.S. Patriot Act
The College must release, without consent or knowledge of the student, personally identifiable information from the student’s education record to the Attorney General of the United States or designee in connection with the investigation or prosecution of terrorism crimes specified in sections 2332b(g)(5)(B) and 2331 of Title 18, U.S. Code.
2.03 Admissions2.03 Admissions
Adopted: March 1995
Reviewed: May 2018
Revised: January 2018
Nicolet College is committed to an open-door admissions policy for all prospective students who meet institutional requirements. All admissions processes comply with BP 4.02 Anti-Harassment and Nondiscrimination and Wisconsin Technical College System policies and procedures. For applicants meeting admissions requirements, applications are processed on a first-come, first-served basis.
Admission to Nicolet College is open to individuals who feel they can benefit from the instruction offered. Individuals who hold a high school diploma, a high school equivalency diploma (HSED), or a General Education Development certificate (GED) are eligible to enroll in post-secondary programs consistent with their ability levels. Students who do not have a high school diploma, GED certificate, or HSED can enroll in programs designed to help them earn those credentials while attending college classes. Note: Students who do not have a high school diploma, GED certificate, or HSED cannot receive Title IV financial aid.
Nicolet College is approved by the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Service to issue F-1 student visas for attendance by non-immigrant international students. These students must follow the regular admission process and demonstrate English proficiency to pursue a program. They must also provide the College with written proof of adequate financial resources available for their period of schooling and proof of a sponsorship before an I-20 form can be issued.
Because students have varied levels of educational preparation and College programs and courses vary widely in levels of difficulty, admissions services are designed to provide the best match for an individual’s abilities, interests, and academic aptitudes. As part of the matching process, applicants may undergo assessment prior to being accepted into the College or a program. Although admission to particular programs may require specific prerequisites, such as test score minimums, the College offers services to assist students in developing prerequisite skills.
For more information on the admissions process please refer to the Nicolet College website.
2.04 Credit for Prior Learning2.04 Credit for Prior Learning
Title: Credit for Prior Learning
Number: AP 2.04
Adopted: January 2005
Reviewed: August 2018
Revised: August 2018
Nicolet College recognizes that prior to enrolling, a student may have acquired some of the skills, knowledge, and competencies included in programs offered by the College. The College will make every effort to ensure students receive appropriate credit for prior learning. At Nicolet, the Transfer of Credit process evaluates credits earned through formal education from an accredited post-secondary institution. The Advanced Standing process lets students seek credit for coursework completed in high school; completion of apprentice-related instruction and Youth Apprenticeships; demonstration of subject-area competency through national examinations or local challenge examinations; military education or experience; and experiential learning, including but not limited to previous work experience, business and industry training, community service, or other life experiences.
Students interested in exploring credit for prior learning should contact Academic Advising or refer to the Nicolet College website for more information.
Transfer of Credit
Nicolet College staff conduct a credit evaluation when students request to transfer credits from a nationally or regionally accredited institution of higher education to a certificate, diploma, or degree program at Nicolet College. The following conditions and stipulations must be met:
- Students must apply for admission and have official transcripts sent directly to Admissions at Nicolet College.
- Nicolet will grant transfer credit only for courses that apply to the student’s certificate, diploma, or degree program at Nicolet College.
- Transfer credits are not used in determining the student’s grade point average at Nicolet College.
- Only postsecondary credits earned at a nationally or regionally accredited institution of higher education and awarded a minimum 2.0 grade point on a 4.0 scale qualify for transfer.
- Credits are accepted for transfer when course content is confirmed to be comparable.
- Time limits shall not restrict the awarding of credit for prior learning unless Nicolet College has documented a specific programmatic reason for time limits.
- For a student transferring from one Wisconsin Technical College System (WTCS) institution to Nicolet College, credit awarded for courses meeting a general education requirement at one WTCS institution will be honored as fulfilling the same general education requirement at Nicolet College.
- A student who has earned a postsecondary or professional degree from a nationally or regionally accredited institution of higher education will be granted credits towards fulfilling WTCS associate degree general education core requirements.
- Students who meet the required general education credits may need to complete some additional general education core courses based on documented program- specific general education requirements.
- Military education credits will be accepted for transfer in conformity with the recommendations of the American Council on Education.
- International credits may qualify for credit for prior learning if the international credits are deemed comparable to credits offered by Nicolet College. Students seeking credit for international coursework must provide an official evaluation of academic credentials which has been completed by an approved organization/association.
The Registrar, in conjunction with the appropriate Academic Advisor and program faculty, will conduct the transfer credit evaluation. Transfer credits do not count toward the minimum number of credits students must earn at Nicolet College (refer to the Maximum Amount of Credit for Prior Learning section of this policy).
Advanced Standing with Credit
Advanced Standing with credit may be granted when it is determined that an individual’s skills and knowledge are equivalent to the competencies in one or more courses in a certificate, diploma, or degree program. Recognition of Advanced Standing is an effort to minimize duplication of competencies attained from previous education, life, or work experience; lessen the cost of duplicative education; and accelerate the achievement of educational goals and credentialing.
A student must be admitted to a certificate, diploma, or degree program at Nicolet College before Advanced Standing will be awarded. Advanced Standing can be awarded only for required program courses or elective courses that apply toward the student’s designated program of study.
Credits earned through this process do not count toward the minimum number of credits students must earn at Nicolet College (refer to the Maximum Amount of Credit for Prior Learning section of this policy).
Guidelines for the following Advanced Standing options can be obtained from an Academic Advisor or found on Nicolet’s website: military training and experience, national examinations, high school coursework, registered apprenticeships, local challenge examinations, and portfolio assessments.
Maximum Amount of Credit for Prior Learning
Each candidate for a certificate, diploma, or degree must earn a minimum of 25% of the required technical studies, occupational specific, or liberal arts credits through Nicolet College coursework. These established minimums cannot be met through credit for prior learning.
There is no fee for evaluating and granting transfer credits, credit for high school articulated coursework, credit for apprenticeships, credit for military training and experience, and credit for national examinations.
Fees do apply for written challenge exams, skill demonstration or performance assessments, and portfolio assessments. Current fees are listed on the Nicolet College website. Fees must be paid prior to the assessment, and are non-refundable regardless of the outcome of the assessment.
If a student is already enrolled in a course, the Advanced Standing evaluation must be completed during the first 14 calendar days of a standard term, the first 7 calendar days of a standard summer term, or the first 15% of the course hours for courses shorter than a full term. Assesment fees must be paid prior to attempting the assesment. If credit is granted, the student will be withdrawn from the course with a 100% refund of the course tuition and course fees. Students receiving financial aid should consult with financial aid personnel before beginning the Advanced Standing process, since reducing the number of enrolled credits may have financial aid implications.
Communication with Students
Evaluation of credits earned from a post-secondary institution will be conducted for all students presenting official transcripts from a post-secondary institution when they meet with their Academic Advisor.
Specific information on the process for applying for Advanced Standing and applicable fees will be available on the Nicolet College website, at the Welcome Center, and from the student’s Academic Advisor or program faculty. Academic Advisors will encourage students to request credit for prior learning when reviewing their educational goals and achievements, and will assist them with the process.
Communication with Faculty and Staff
Faculty will be aware of credit for prior learning procedures, and will assist students in applying for Advanced Standing, when appropriate.
Changes in Policy
Any changes in the existing policy will go into effect with the start of a future semester. This will provide adequate time to communicate policy revisions and allow students to complete Advance Standing processes initiated prior to thechanges going into effect.
Nicolet faculty and staff will take the following steps to ensure equitable treatment of students requesting credit for prior learning:
- All program students presenting an official transcript from another accredited post-secondary institution will receive a transfer of credit evaluation.
- There will be widespread availability of policies and procedures for obtaining credit for prior learning as described under the Communication with Students section of this policy.
- The procedure for initiating and completing the request for Advanced Standing will be streamlined and clear.
- Faculty, Academic Advisors, and the Registrar will be readily available to assist students with the process, and to perform the evaluation of transfer and/or Advanced Standing.
- The appropriate Dean will validate the credit award for Advanced Standing.
- The Registrar will validate the level and number of credits being awarded.
Students who believe this policy is improper or unfair, or who wish to contest the application of this policy, should follow the Complaint and Grievance Procedure for Nicolet Students, in AP 1.06 Student Standards of Conduct.
2.05 Active Military Duty2.05 Active Military Duty
Title: Student Active Military Duty
Number: AP 2.05
Adopted: August 2012
Reviewed: May 2018
Revised: August 2015
Nicolet College recognizes the contribution of the U.S. Armed Forces and those who are requested to work during a national or state emergency. The following procedure shave been adopted for students who are called into active service:
1. Upon being notified, students should contact the Nicolet College Registrar who will guide the student through the process. Students will be asked to provide a copy of their active duty orders. If the student is unable to provide a copy in person, a parent, spouse,or other individual may submit a copy on his or her behalf. This may be done either in person, via fax or email, or through the U.S.mail.
2. If the student is activated well into the semester, he or she is encouraged to work with instructors individually to decide what to do about the balance of the semester work.
3. If the semester cannot be completed, a formal withdrawal process must be initiated by the student or their representative. Students must officially withdraw to receive refunds of tuition and fees and may receive failing grades if they do not withdraw. Additionally, students who are receiving GI Bill Education Benefits and do not officially withdraw could find themselves in a situation where they may be required to reimburse the Veterans' Administration.
4. The College will provide a refund of tuition and fees to the extent possible to students called into active service. Tuition and fee refunds will first be directed to repay Federal financial aid. The student will then receive a refund check in the mail.
5. The College will provide priority readmission to students who are ordered or inducted into active service. Admission back in to the student's program will take place upon the student's request at the next semester opportunity. It may be possible that a student will wait a semester due to program/course sequencing.
2.06 Student References and External Employment Opportunities2.06 Student References and External Employment Opportunities
Title: Student References and External
Number: AP 2.06
Adopted: August 2001
Reviewed: May 2018
Revised: May 2018
When a Nicolet employee gives student references, the Family Educational Rights and Privacy Act (FERPA) of 1974 restricts the release of educational record information about students or graduates. The College and individual employees may be held liable for releasing unauthorized information about a student. For further information on FERPA, see AP 2.02 Privacy of Records – Release of Written Information.
The College must abide by state and federal employment laws; therefore, all students must be offered an opportunity to apply for and compete for jobs announced through the College.
Employees should require students to provide a signed Authorization for Release of Reference Information form prior to releasing any non-directory information about them for a reference. The College has defined Directory Information as:
- student name;
- full-time or part-time status;
- major field of study;
- dates of enrollment;
- degrees and awards received;
- photos and videos of students for use in College press releases, publications, and web sites; and
- Nicolet College assigned student email accounts.
The signed Authorization for Release of Reference Information must identify the name of the individual, agency, or employer to whom the disclosure may be made. The signed document must also indicate that the student is authorizing the employee to disclose general information about the student’s performance as a student at Nicolet College, and the student’s potential as a future employee. The employee should retain the form for a minimum of seven (7) years.
If the student wishes to authorize the release of confidential student information (GPA, transcript, academic progress, registration information, billing information, etc.) to a third party, the student must sign an Authorization for Release of Confidential Information form. This release of information is to be handled through the Registrar’s Office.
Employees should direct employers to place all job requests or announcements on the TechConnect System. This will ensure that job information will be distributed to all students and graduates who are registered with TechConnect. Sharing requests with only select students or graduates is in violation of the law.
Employees must not release information protected by the Wisconsin Fair Employment Act (WFEA), even if the student provides written permission to release any and all information. The WFEA prohibits releasing the following:
- arrest record (a person is considered innocent until convicted);
- color (pigmentation of person’s skin);
- conviction record (conviction record can be considered only when the conviction is substantially related to the specific duties of the job);
- creed (religious affiliations or beliefs);
- disability (includes having a physical or mental impairment, a record of having such an impairment, a perception of having an impairment, or being related to a person who has an impairment);
- genetic testing;
- honesty testing (polygraph);
- marital status;
- military membership (type of discharge or current member of Army Reserve, National Guard, or some other type of military service);
- national origin (birthplace, culture, or linguistic characteristics common to a specific ethnic group, accent);
- pregnancy or childbirth;
- sexual orientation;
- use or non-use of lawful products off the employer’s premises during non-working hours (off-hours use of alcohol, tobacco, caffeine, etc.).
2.07 Program Approval, Development, Suspension and Discontinuance2.07 Program Approval, Development, Suspension and Discontinuance
Title: Program Development, Approval, Suspension,
Number: AP 2.07
Adopted: August 2012
Reviewed: September 2015
Revised: February 2016
The Nicolet College program approval process will be based on demonstrated need, reasonable cost, and demonstrated outcomes to provide accountability and ensure collaboration among educational providers for the benefit of students and taxpayers.
New Program Development and Approval
New program development will follow the WTCS process outlined in the WTCS Educational Services Manual. The Nicolet College District Board of Trustees will approve any new programs.
Program Suspension and Discontinuance
Nicolet College continually monitors programs to ensure the programs meet student, transfer, and employer needs. When a program is no longer effective, the College can either take steps to improve the program, suspend, or discontinue the program.
Suspension means that the College no longer accepts students into the program, but makes a reasonable effort to assist program enrolled students to develop an alternate completion plan or to set appropriate educational goals. Discontinuance means that the WTCS Board officially removes the program in accordance with the WTCS Educational Services Manual.
Nicolet College administration will notify the District Board of Trustees whenever a program suspension is proposed. The notification will include an overview of student support for currently enrolled students and a recommendation on whether an attempt should be made to improve the program or discontinue it. The College will follow the program suspension and discontinuance process outlined in the WTCS Educational Services Manual.
2.08 Advisory Committees2.08 Advisory Committees
Title: Advisory Committees
Number: AP 2.08
Adopted: August 2012
Reviewed: May 2017
Revised: May 2017
The Vice President of Academic Affairs will maintain a list of all advisory committee members, including their names and membership designations. Committees should have a minimum of six (6) members. This list will be updated annually and presented to the District Board of Trustees for informational purposes.
Advisory committee meetings are open meetings and subject to all provisions. Each advisory committee will develop an annual meeting schedule; each scheduled meeting will have an agenda and the minutes from the meeting will be maintained by the Dean, Director, or Associate Dean responsible for the committee.
All files pertaining to program advisory committees will be available for Wisconsin Technical College System (WTCS) Office staff review.
Occupational Program Advisory Committees
Nicolet College will establish advisory committees for each occupational program. The committee’s purpose is to advise the College on how well the program meets workforce needs. The committee can oversee either a single program or multiple programs with a related occupational focus. The membership of multiple-program committees should include individuals who represent all of the targeted occupations.
Advisory committee memberships should include equal representation of employers and employees and be representative of geographic location and racial and gender diversity. Participation on advisory committees by students, representatives of secondary schools, general education instructors, and post-secondary schools is also highly recommended.
Apprenticeship Advisory Committees
State Apprenticeship Trade Advisory Committees appointed by the Bureau of Apprenticeship Standards (BAS) of the Department of Workforce Development (DWD) are officially recognized as advisory to both the BAS and to the WTCS on policy and program matters related to curriculum, related instruction, and delivery service requirements for their trade. For construction trades, local apprenticeship committees appointed by BAS will serve as WTCS District advisory committees. In the case of industrial or service sector programs, multi-trade or multi-program local committees may be established provided that at least one member of the committee is a member of the apprentice trade that is being reviewed. Equal representation of employers and employees, racial and gender diversity, and geographic location of apprentices should be considered in the appointment process.
Collegiate/Liberal Arts Transfer Advisory Committee
Nicolet College will establish an advisory committee to oversee the development and maintenance of the Collegiate/Liberal Arts Transfer program. Membership will include faculty and staff from private and public 2- and 4-year universities and colleges, PK-12 faculty and staff, employers and employees, community members, and students. Racial and gender diversity and geographic location should be considered in the appointment process.
Special Advisory Committees
Nicolet College will establish special advisory committees for adult and continuing education or non-program activities. These special committees have a primary responsibility of providing communications among the constituents. This includes the community, government agencies, educational institutions, and/or businesses and industries they serve.
2.09 Educational Services Below the Postsecondary Level2.09 Educational Services Below the Postsecondary Level
Title: Educational Services Provided to Individuals with
Education Below the Postsecondary Level
Number: AP 2.09
Adopted: August 2012
Reviewed: June 2017
Revised: June 2017
Nicolet College provides services to individuals with education below the post-secondary level. Services include dual credit opportunities through transcripted credit, advanced standing credit, youth options, and course options; adult high school completion; basic skill instruction for employability and post-secondary transition; and pre-college experiences. These services are offered to assist individuals to function effectively in society, in the workforce, and in post-secondary education.
High School Dual Credit
The College offers current high school students a range of opportunities to earn college credit while still enrolled in high school:
- Transcripted Credit: College credit is earned by taking a Nicolet College course at the high school taught by a high school instructor who meets applicable requirements established by the Higher Learning Commission (HLC).
- Advanced Standing: College credit is earned upon enrollment provided an advanced standing agreement was in place between the high school and Nicolet College while the student was enrolled in a particular course.
- Youth Options: College credit is earned by the student, who takes a Nicolet College course while currently enrolled in high school. The high school grants high school credit for the course as well.
- Course Options: Course credit is earned by the student, who takes a Nicolet College course while currently enrolled in high school. Students are limited to taking two courses a semester and high schools may or may not grant high school credit.
Nicolet College offers a variety of pre-college programs for middle and high school students focused on career exploration, skill building, and experiential learning.
Adult Basic Education
Nicolet College provides services to evaluate academic skill levels. One-on-one and small-group instruction is provided to raise academic performance sufficiently to allow students to succeed in employment and college-level work.
High School Completion Alternatives
The College offers students alternatives for high school completion: High School Equivalency Diploma (HSED) options, General Education Development (GED) certificate, and an alternative high school credit completion program per Ch. 118.15, Wis. Stats. All alternatives meet the requirements of the Wisconsin Department of Public Instruction (DPI).
The College has written processes to improve communications with persons inquiring about educational services available for individuals with education below the post-secondary level. The processes clearly explain the roles and responsibilities of the College, the student, the high school district, or the DPI. Current copies of these materials will be submitted to the Wisconsin Technical College System (WTCS).
Nicolet College will identify factors used in allocating funding for all services provided to individuals with education below the post-secondary level. Current copies of these materials will be submitted to the WTCS.
3.0 Safety and Security3.0 Safety and Security
3.01 Campus Security3.01 Campus Security
Title: Campus Security
Number: AP 3.01
Adopted: November 1997
Reviewed: March 2017
Revised: March 2017
Campus Reference Materials
Complete information related to the above-listed areas is contained in the following media:
This document is compiled annually and contains all of the 20 USC Sec. 1092(F) Clery Act reporting requirements, Section 304 of the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4), and Family Education Rights and Privacy Act (FERPA) 20 USC Sec.1232(g) notification. The guide is emailed annually to all employees and to students enrolled in credit courses prior to October 1st.
This is a quick reference guide for various emergency situations. The guide is provided to all new employees and can be found in all classrooms.
This is a complete detailed document for all emergency responses and business continuity planning. The document is only intended for use by the Emergency Response Team and emergency responding agencies.
Campus Security Authorities
Members of the Emergency Response
Campus Security Staff
Student Conduct Committee
Human Resources Staff
College Administration Emergency Contact Number
Police, Fire, and Medical - 911
Non-Emergency Contact Numbers
Campus Security - 715-365-4420
Emergency Response Team - 715-365-4999
Information Technologies Department - 715-365-4478
Welcome Center - 715-365-4493
Minocqua Police Department - 715-365-3234
Oneida County Sheriff’s Department - 715-365-5100
Security and Access to Campus Facilities
The College has Campus Security; however, they do not have arrest powers. The security officers have the authority to ask persons for identification and to determine whether individuals have lawful business at the College. College security officers havehe authority to issue parking tickets, College tobacco violation tickets, and to enforce College policy.
The College uses local law enforcement agencies that have jurisdiction over the Rhinelander Campus and Outreach Centers to investigate and enforce ordinances and criminal laws. The Oneida County Sheriff’s Department has jurisdiction over the Rhinelander Campus. The Minocqua Police Department has primary jurisdiction over the Lakeland Outreach Center. These departments periodically patrol both locations.
The College is a non-residential college and therefore does not provide 24-hour security coverage. Facilities and security personnel patrol the grounds of the Rhinelander Campus while the campus is open. College staff regularly check outdoor pathway lighting and egress lighting in hallways and stairwells. Facilities personnel also maintain the Lakeland Outreach Center.
The Rhinelander Campus and the Lakeland Outreach Center are accessible to students, staff, and the general public during normal business hours. However, the campus grounds at both locations are open to vehicular and pedestrian access 24 hours a day, seven days a week. The College-controlled buildings are locked when not in use. All buildings on the Rhinelander Campus and the Lakeland Outreach Center use a card access system and digital video systems.
The College does not have any officially-recognized student organizations with off- campus locations.
Possession, Use, and Sale of Alcohol and Illegal Drugs
As outlined in Alcohol and Drug Use AP 4.05, the College prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, including but not limited to alcohol, prescription, and illicit drugs on any College- controlled premise or College-sponsored event. Information on alcohol and drug addiction treatment centers and clinics is available in the College Safety and Security Resource Guide. Sanctions for individuals who violate College policies may include expulsion and/or termination from the College, with referral to local law enforcement for violations of local ordinances and criminal laws.
Emergency Response Guide and Evacuation Procedures
Each classroom has a hardcopy or electronic access to an Emergency Response Guide and maps indicating what to do in the event of most emergency situations. This includes shelter locations for severe weather and evacuation routes and staging areas for fire emergencies. The Emergency Response Guide can also be viewed on the College website. The College holds evacuation and/or shelter in place drills at least once each academic year. The College also conducts safety and security related tabletop exercises in new employee orientations. Please review the Emergency Response Guide regularly to be prepared in the event of an emergency.
Crime Prevention and Security Procedures
The College prohibits domestic violence, dating violence, sexual assault, stalking, and any other criminal activities. Crime prevention, security procedures, and practice information is presented during new student and employee online orientations, and periodically during in-service training. The online new student and employee orientation, the crime prevention and security procedures covered include primary prevention and awareness programs that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. The orientation includes the following information:
A statement that the College prohibits these and other criminal offenses;
the definition of the specific offenses listed above;
the definition of consent, with reference to sexual offenses;
“safe and positive” options for bystander intervention an individual may take to “prevent harm or intervene” in risky situations;
recognition of signs of abusive behavior and how to avoid potential attacks; and
ongoing prevention and awareness campaigns for students and staff on all of the above.
In addition, facilities and security personnel conduct routine inspections and patrol buildings and grounds to identify and correct deficiencies. Being proactive is preferable to being reactive. Crime prevention is based upon the dual concepts of eliminating or minimizing criminal opportunities whenever possible and encouraging students and staff to be responsible for their own security and the security of others. The following is a list of campus crime prevention tactics that may reduce the risk of becoming a victim:
Walk on established walkways. At night walk on lighted walkways.
Always lock your vehicle.
If on campus in the evening, park close to the building in lighted areas and walk with others.
Items of value left in vehicles should be placed out of sight.
Never leave items of value unattended.
Promptly report any suspicious behavior to Campus Security or the Emergency Response Team.
Do not leave keys, access cards, or valuables unattended.
Always lock doors in unattended office areas.
Never give out computer passwords.
When working during non-business hours, inform family and colleagues of your location and schedule.
Recommended security procedures are located in the College Emergency Response Guide.
Sexual assault is an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
Consent is defined as “words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact”. Minors (under the age of 18), persons suffering from mental illness or defect, and sleeping or unconscious persons are presumed unable to give consent. Failure to resist does not indicate consent. Ch. 940.225(4), Wis. Stats.
Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, sexual assault of a child, incest, fondling, and attempted rape.
Information and resources related to sexual assault can also be found in the College Safety and Security Resource Guide.
Sexual Assault Prevention
The College offers the following guidelines to aid in preventing sexual assault. Additional guidance and specific training information can be obtained from the agencies listed in the College Safety and Security Resource Guide.
The following information can also be referenced at The Wisconsin Coalition Against Sexual Assault at http://www.wcasa.org
Rohypnol and GHB are the most commonly referred to as “club drugs” and are the most frequently used in drug-facilitated rapes. The chemicals are often colorless, odorless, and tasteless, and as a result, the victim often unknowingly ingests the chemical after a perpetrator has mixed it into an unattended drink. Therefore, it is strongly suggested that you do not accept beverages that have already been opened. Accept drinks only from service workers such as bartenders, and do not leave your drink unattended.
Please keep in mind that nearly 7 in 10 (70%) of sexual assault victims knew their attacker. It is reported that drugs and alcohol are an important influencing factor in non-stranger (date/acquaintance) rape.
You may be able to reduce your risk by following these recommendations:
Park and walk in well-lighted areas and follow the other pertinent crime prevention strategies listed under Crime Prevention and Security Procedures outlined above.
Trust your instincts. If the situation feels uncomfortable, leave immediately.
Be assertive and expect respect.
Stay sober. Be aware of date-rape drugs. Do not leave your drink unattended.
Do not accept food or drinks that are opened or not directly from the server.
Be cautious when inviting someone into your home or going to someone else’s home.
Use a buddy system. Always make sure that someone else knows who you are with, where you will be, and when you are expected to return.
Carry a cell phone and/or have money available for a phone call or transportation to get away if necessary.
Sex Offender Information
In 1997, the State of Wisconsin enacted the Sex Offender Registration and Community Notification Law. The law was created to monitor and track people convicted of sex crimes and to provide access to this information for police, victims, and the general public. Information on registered sex offenders since 1995 in this state can be obtained on the web at http://offender.doc.state.wi.us/public/ or you may call 608-240-5830 between 7:45 a.m. and 4:30 p.m., Monday through Friday.
Wisconsin Victim Rights
To be treated with fairness, dignity and respect for your privacy.
To not have personal identifiers including email disclosed or used for a purpose unrelated to the official duties of an agency, employee, or official.
To be informed of your rights and how to exercise those rights.
To information regarding the offender's release from custody.
To be notified of a decision not to prosecute if an arrest has been made.
To speak with (confer) the prosecutor representative upon your request, about the possible outcome of the case, potential plea agreements and sentencing options.
To attend court proceedings in the case.
To be notified of the time, date and place of upcoming court proceedings, if you so request.
To be provided with a waiting area separate from defense witnesses.
To a speedy disposition of the criminal case.
To have your interests considered when the court is deciding to grant a request for a delay (continuance).
To be notified if charges are dismissed.
To be accompanied to court by a service representative. This right is limited to specific types of crimes.
To ask for assistance with your employer if necessary, resulting from court appearances.
To request an order for, and to be given the results of, testing the offender for sexually transmitted diseases or HIV. This right is limited to specific types of crimes.
To provide a written or oral victim impact statement concerning the economic, physical and psychological effect of the crime upon you to be considered by the court at sentencing.
To have the impact of the crime on you included in a presentence investigation.
To be provided sentencing or dispositional information upon request.
To restitution as allowed by law.
To a civil judgment for unpaid restitution.
To compensation for certain expenses as allowed by law.
To have your property expeditiously returned when it is no longer needed as evidence.
To be notified of the offender's eligibility for parole and to have input into the parole making decision.
To be notified by the Department of Corrections of specific types of releases, escapes or confinements as provided by law.
To be notified of a pardon application to the governor and to make a written statement regarding the pardon application.
To contact the Department of Justice about any concerns you may have about your victim rights.
To apply for a judicial restraining and/or other no-contact orders. The College can assist with the enforcement of these orders.
Sexual Assault Bill of Rights
Survivors shall be notified of their options to notify law enforcement.
Alleged victim and alleged offender must have the same opportunity to have others present.
Both parties shall be informed of the outcome of any disciplinary proceeding.
Survivors shall be notified of counseling services.
Survivors shall be notified of options for changing academic situations
Crime Reporting Procedures
The College encourages prompt and accurate reporting of all crimes, assaults, or suspicious behavior. If any offense occurs on a College-controlled premise, during a College-sponsored event, at an off-campus event, or even off-campus, the College recommends that victims immediately report any offense to local law enforcement. Key contact numbers are found in the Emergency Response Guide located in Nicolet College buildings, classrooms, and on the College website. When safe to do so, report the incident to Campus Security or the Emergency Response Team who will take action and issue a timely warning if the perpetrator remains at large while making every effort to not identify the victim.
The College crime reporting policy requires all staff to report crimes and/or suspicious behavior to Campus Security, the Emergency Response Team, or law enforcement. When deemed appropriate, college officials will involve local law enforcement agencies. All crime information (including anonymous reports) reported to Campus Security and/or the Emergency Response Team is recorded in the Daily Crime Log. If the crime is deemed to meet a Clery Act Reportable category, it is included in the annual Clery report. All crimes and behavioral violations (student and staff) are recorded and maintained by the Director of Risk, Compliance, and Security.
While the College does not have pastoral or professional counselors on staff to work with victims, it can assist students by providing information on various private and public options for such services.
Emergency Crime Reporting Procedures
In the event of an emergency call 911 immediately. An emergency situation can be defined as any event that may pose a significant threat to the life, safety, or health of students and/or employees. After contacting authorities, call or contact any College employee. Then, if the situation allows, call the Emergency Response Team. Students should follow the directions of College staff and emergency services personnel during an emergency.
Crimes may be reported anonymously.
To report a crime and/or dangerous situation anonymously, contact Campus Security or the Emergency Response Team and inform them of your wish to remain anonymous. The College will honor an individual’s request to remain anonymous. This same process can also be followed when making reports to local law enforcement.
Fire Safety Report and Missing Student Notification Procedures
The College is a commuter (non-residential) college. Therefore, these statistics and procedures are not collected or in existence. They only apply if a College maintains student housing.
Reporting Domestic Violence, Dating Violence, Sexual Assault, Sexual Violence, and Stalking
See AP 3.07
Timely Warning of Potential Threats
In the event a significant emergency, an ongoing or continuing threat to personal safety, or dangerous situation arises, a timely warning will be issued. The decision to issue a timely warning will be based on information and facts received by the College and if possible verified by outside agencies (law enforcement, Emergency Management, Health Department, National Weather System, etc.). The ERT will determine the content of the notification and when to initiate the notification system. Notification may be delayed when professional judgment of outside emergency response agencies indicates immediate notification would compromise safety and security.
In situations that may pose an immediate physical threat to members of the campus community (e.g., murder, severe weather, fire, gas leak). The Emergency Response Team may issue warnings through the College Informacast System RAVE and/or email system to students and employees. Depending on the situation, other notification processes may be used (i.e. Blackboard posting, fire alarms, tornado sirens, and media releases). The Clery Act mandates that, for crimes considered a threat to other students and employees, victims’ names be withheld.
The Emergency Response Team may also determine there is a specific segment of students and staff who need notification. This decision will be made in conjunction with the appropriate outside agency. If that is the case, the Emergency Response Team will make a determination of how to best convey that information to the specific segment.
Anyone with information warranting a timely warning should report the circumstances to the Emergency Response Team immediately.
College Student and Employee Conduct Investigations Related to Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Disclosure of Student Disciplinary Proceedings for Violent Crimes or Non-forcible Sex Offenses
The alleged victim of a crime of violence or a non-forcible sex offense may make a written request for disclosure of the results of any disciplinary hearing conducted by the College against the student who is the alleged perpetrator of the crime or offense.
If the alleged victim is deceased as a result of the crime or offense, the next of kin of the alleged victim shall be treated as the alleged victim in relation to disclosure. The College will provide the results of the disciplinary hearing to the alleged victim’s next of kin, if so requested.
Daily Crime Log
The purpose of the Daily Crime Log is to record criminal incidents and alleged criminal incidents reported to Campus Security. Crime Log entries include all crimes reported to Campus Security for the required geographic locations, not just Clery Act crimes. The Daily Crime Log discloses specific information about criminal incidents, not crime statistics. The Daily Crime Log is designed to disclose crime information on a timelier basis than the annual statistical disclosures. The victims' confidentiality will be protected, including record-keeping that excludes personally identifiable information on victims. This includes crimes that are reported directly to Campus Security, as well as crimes that are initially reported to another campus security authority (Emergency Response Team, Security Staff) or to a local law enforcement agency who subsequently reports them to Campus Security.
An entry, an addition to an entry, or a change in the disposition of a complaint is recorded within two business days of the receipt of the information by Campus Security. Updates to the disposition of a crime log entry will not be made if 60 business days have passed from the date of the entry. A business day is Monday through Friday, except for days when the College is closed. The only exceptions to this rule are:
if the disclosure is prohibited by law; or
if the disclosure would jeopardize the confidentiality of the victim.
Campus Security may temporarily withhold information if there is clear and convincing evidence that the release of information would:
jeopardize an ongoing investigation;
jeopardize the safety of an individual;
cause a suspect to flee or evade detection;
result in the destruction of evidence.
- However, the information will be added to the Daily Crime Log once the adverse effect is no longer likely to occur.
The Daily Crime Log is located on the College website on the security page. A hard copy is maintained by the Director of Risk, Compliance and Security located in the Red Oak Center, Room 207C.
Annual Cleary Crime Statistics
Nicolet College complies with the Jeanne Clery Disclosure Act and prepares an annual report of crimes that have occurred on the Rhinelander Campus and at Outreach Centers. The report can be found on the College website on the security page, or may be obtained from Campus Security. As required by law, the report is also distributed annually to students and staff by October 1st. Campus crime, arrests, and referral statistics include those reported to local law enforcement and to College officials, including anonymous reports. In an effort to obtain the statistics from local law enforcement, Campus Security makes a written request to each local law enforcement agency to obtain a listing of any crimes they had reported to them and/or they had investigated. The reported crimes are also maintained in a Daily Crime Log, which is also located on the College website on the security page.
3.02 Campus Safety3.02 Campus Safety
Title: Campus Safety
Number: AP 3.02
Adopted: March 1995
Reviewed: July 2017
Revised: July 2017
The College complies with all federal, state, and local safety, health, and environmental regulations. The information contained in this policy addresses the protocol for campus safety, health, and environmental issues and includes the following sections:
- Safety and Security Committee
- General Safety Issues
- Bloodborne Pathogens
- First Aid/Medical Emergencies
- Hazardous Materials
- Fire Emergency Procedures
- Severe Weather Warning
Complete information related to the above-listed areas is contained in the following media:
1. Hazard Communication Program
The purpose of the Hazard Communication Program is to inform employees about hazardous substances in the workplace, potential harmful effects of these substances, and appropriate control measures. The primary tools of this program are warning labels, Safety Data Sheets (SDS) and employee training. Copies of the program are maintained in the Facilities, Security, and Public Safety Departments.
This is a quick reference guide for various emergency situations. The guide is provided to all employees and can be found in all classrooms.
3. Emergency Response Plan
This is a complete detailed document for specific emergency responses and business continuity planning. The document is only intended for use by the Emergency Response Team and emergency responding agencies.
Safety and Security Committee
The College has a Safety and Security Committee that reviews and makes recommendations for changes to College policies and procedures related to campus safety and security. This committee also reviews the maintenance of College facilities to address potential safety and security issues and recommends improvements.
Contact the Safety and Security Committee by calling Campus Security at 715‑365-4420 or Facilities at 715-365-4419. The Nicolet College Safety Committee consists of the following employees:
- Director of Risk, Compliance, and Security (Co-Chair)
- Dean of Public Safety (Co-Chair, and Campus Safety Officer/Chief Chemical Hygiene Officer)
- Director of Facilities
- Chief Information Officer
- Director of Human Resources
- Workers Compensation Representative
- Campus OSHA Training Representative
- Chief Chemical Hygiene Officer
General Safety Issues
It is every employee’s responsibility to take precautions related to workplace safety. Any employee who observes potentially hazardous situations must contact their immediate supervisor, the Director of Facilities, or a member of the Nicolet College Safety and Security Committee immediately.
Federal law, as administered by the Occupational Health and Safety Administration (OSHA), mandates the Bloodborne Pathogens Standard to “reduce occupational exposure to Hepatitis B Virus (HBV), Human Immunodeficiency Virus (HIV), and other bloodborne pathogens” that employees may encounter in their workplace. The complete Bloodborne Pathogen Exposure Control Plan is available in the Library and in the Campus Security Department.
First Aid/Medical Emergencies
Nicolet employees should not diagnose illness or injury or administer medication of any kind.
- Call 911, if needed.
- If 911 is called, notify a member of the Emergency Response Team at 715-375-4999 when safe to do so.
- Inform the Facilities Department at 715-365-4419 if blood or bodily fluids are involved.
- Keep the ill or injured person as comfortable as possible.
- Do not perform any first aid beyond your certified training.
- Do not move a person that has fallen or appears in pain.
- Report any details leading to the injury to responding officers and emergency services.
Employees must wear disposable gloves when rendering first aid where blood or any other body fluids are involved. Disposable gloves are available in all first aid kits. CLINI‑TROL trays (body fluid clean-up kits) are available and are located next to the first aid kits. CLINI-TROL trays must be used to clean up body fluids. Body fluids should not be cleaned up with paper towels, etc. All employees are expected to review and follow the procedures outlined in the current Emergency Response Guide.
The Director of Facilities has the overall responsibility for the Hazard Communication Program and the Safety & Security Committee will review the program. Nicolet College will rely on the hazard determinations indicated on the Safety Data Sheet (SDS) supplied by and/or obtained from manufacturers or importers. A master list of chemicals will be maintained for all chemicals and products on premises. The Director of Facilities or designee is responsible for maintenance of this list.
Employees who order chemicals are responsible for obtaining SDS and forwarding a copy to the Director of Facilities or his/her designee when the chemical is received. If a SDS is not provided by the seller, the employee must immediately report it to the Director of Facilities. Hazardous chemicals received without the appropriate SDS must not be used until a SDS is obtained from the manufacturer and employees have had sufficient time to review it.
A Hazard Communication Program for Nicolet College has been developed to comply with the OSHA Hazard Communication Standard, 29 CFR 1910.1200 and 29 CFR 1926.59. This program applies to all work operations of Nicolet College where employees may be exposed to hazardous chemicals under normal working conditions or during emergency situations.
The purpose of the program is to ensure that the hazards of all chemicals at Nicolet College are known and that information concerning these hazards is communicated to potentially affected employees. Transmittal of the information is to be accomplished by means of employee training programs. The training programs include, but are not limited to, the contents of the written program, container labeling guidelines (SDS), discussion of the properties of hazardous chemicals handled, safe handling procedures, and protective measure to be taken by employees working with and around these chemicals. Training and information will be documented and will include the following information:
- The requirements of the Hazard Communication Standard.
- Any operations in work areas where hazardous chemicals are present.
- The location and availability of this program, the chemical inventory list, and SDS.
- Methods and observations that may be used to detect the presence or release of a hazardous material.
- Physical hazards of chemicals (e.g., potential for fire or explosion).
- Health hazards of the chemicals, including signs and symptoms of exposure to chemicals, and any medical condition known to be aggravated by exposure to the chemical.
- Measures employees can take to protect themselves from these hazards (e.g., personal protective equipment required, proper use and maintenance, work practices or methods to assure proper use and handling of chemicals, and procedures for emergency response).
- Work procedures that should be followed to assure protection when cleaning hazardous chemical spills and leaks.
- How to read and interpret the information on both labels and SDS and how employees may obtain additional hazard information.
Retraining will be conducted when the hazards change or when a new hazard is introduced into the workplace or work area. The Director of Risk, Compliance, and Security is responsible for coordinating with Human Resources the initial employee training. The Director of Facilities is responsible for coordinating training for employees when new chemicals are introduced into the work area or whenever there is new information about a chemical presently used in the workplace.
The program or course instructors are responsible for instructing their students about the following aspects of hazardous materials safety for their work area:
- Where the SDS for the chemicals are found in that work area and how to understand them.
- How to read chemical labels.
- How to safely handle the chemicals, including learning about special protection and special precautions.
- Which methods and observations are to be used to detect the presence or release of hazardous chemicals.
- Which first aid procedures to follow.
- Which procedures to follow in the event of a spill.
Contracted service vendors are responsible for hazardous materials and hazard communication training for their employees.
Fire Emergency Procedures
The latest information related to this area can be found in the Emergency Response Guide and the Emergency Response Plan. All students and employees are expected to review and follow the procedures outlined in the current Emergency Response Guide.
Severe Weather Warning
The latest information related to this area can be found in the Emergency Response Guide and the Emergency Response Plan. All students and employees are expected to review and follow the procedures outlined on the latest Emergency Response Guide.
3.03 Tobacco Free Campus3.03 Tobacco Free Campus
Title: Tobacco Free Campus
Number: AP 3.03
Adopted: March 1995
Reviewed: March 2016
Revised: March 2016
Nicolet College is a leader in promoting the safety and health of its employees, students, and the general public (including contractors and vendors). Inherent in this policy is:
- a belief that employees have the right to work and students have the right to learn, in an environment free of the hazards of tobacco products;
- a desire to eliminate exposure to second-hand smoke at building entrances/exits and to assure clean air on College property;
- awareness of the presence of underage students;
- an interest in eliminating tobacco products littering the campus; and
- acceptance of the responsibility for a commitment to fire safety and health and wellness.
Use of tobacco, smoking, and vaping (e-cigarettes) is prohibited on the Nicolet College main campus and all outreach centers. This includes the following:
- all structures, buildings and grounds, sidewalks, roads, pathways, and parking lots; and
- all Nicolet College owned and leased vehicles.
Smoking is permitted in enclosed personal vehicles. In consideration of your fellow Nicolet community members and to protect their health and comfort (State Statute 101.123 Wisconsin Act 12), smoke, tobacco materials, and waste items must be kept inside the vehicle.
Sacred Use of Tobacco
On occasion, there may be a group that requests to use the campus for an event which includes the sacred use of tobacco. A request form must be completed in advance and submitted to the President. The President or designated individual will determine the legitimacy and approve or deny the request.
Tobacco Cessation Assistance and Resources
Staff and students are encouraged to choose a healthful, non-tobacco use/non-smoking way of life. Emphasis will be placed on educating and referring faculty, staff, and students to available resources/services that provide tobacco cessation assistance.
The primary responsibility for enforcement rests with Administrators and Campus Security. Employees, students, or the general public found using any form of tobacco on campus will be given a verbal warning. Any student who continues to violate the policy will be referred to the Vice President for Student Affairs. Any faculty or staff member who continues to violate the policy will be referred to his/her supervisor. Any person who becomes disorderly when asked to comply with this policy may be cited by law enforcement.
3.04 Key and Access Cards3.04 Key and Access Cards
Title: Keys and Access Cards
Number: AP 3.04
Adopted: March 1995
Reviewed: March 2017
Revised: March 2017
Nicolet College Facilities Department is responsible for approving and issuing all keys and access cards. Employees must complete a Key and Building Card Access Request form and forward it to the Facilities Department. Keys and access cards will be issued to employees on an as-needed basis as determined by their Supervisor.
When furniture, equipment, filing cabinets, or other items with keys are acquired, the employee will keep one of the keys and complete a Key and Building Card Access Request form. The employee acquiring the item will forward the completed Key and Building Card Access Request form along with all other copies of the keys to the Facilities Department to be entered into the key files. If only one key is available with the acquisition, contact the Facilities Department.
All keys and access cards must be picked up at the Facilities Department. Individuals being issued keys and/or access cards must sign the Key and Building Card Access Request form.
For all keys and access cards issued:
- The control and use of keys and access cards is the responsibility of the employee.
- Keys and access cards are non-transferable. Loaning, re-issuing, or duplicating keys and/or access cards is prohibited.
- Lost or stolen keys and access cards must be reported immediately, in writing, to the Facilities Department. A fee will be charged for lost or stolen keys and access cards.
- Prior to completion of employment all employees must return their keys and access cards to Human Resources.
3.05 Campus Parking Regulations3.05 Campus Parking Regulations
Title: Campus Parking and Regulations
Number: AP 3.05
Adopted: March 1995
Reviewed: March 2017
Revised: March 2017
Nicolet College provides on-campus parking free of charge to students, staff, and visitors.
Handicapped parking is clearly marked and reserved for vehicles with a disabled license plate, with a state-issued disability placard, or with a temporary disability permit issued by Campus Security. For temporary permits, a health care provider’s recommendation may be required. All permits must be placed in the windshield in full view.
Short-term parking is clearly marked and limited to 15 minutes. Parking is only allowed in designated areas. Overnight parking in campus lots is not allowed unless prior arrangements have been made with Facilities.
Students who do not pay their parking tickets will have a “Hold for Indebtedness” placed on their records. Habitual student offenders may be disciplined in accordance with AP 1.06 Student Standards of Conduct and Complaint and Grievance Procedure.
Vehicles in violation of this policy may be ticketed or towed at the owner’s expense. Parking violations may be grieved by contacting Campus Security at 715-365-4420.
3.06 Identity Theft Prevention3.06 Identity Theft Prevention
Title: Identity Theft and Prevention
Number: AP 3.06
Adopted: March 2014
Reviewed: June 2017
Signed into law in 2003, the Red Flags Rule is a component of the Federal Trade Commission’s (FTC) Fair and Accurate Credit Transactions (FACT) Act.
Section 114 of the FACT Act requires the College to have an Identity Theft Prevention Program designed to detect, prevent, and mitigate identity theft in connection with opening an account or an existing account. The Red Flags Rule allows the College to detect and respond to any Red Flags to prevent and mitigate identity theft.
The College's Identity Theft Prevention Program involves a four-step process, and is in compliance with the FTC's requirements:
- Identification of Red Flags
- Detection of Red Flags
- Prevention and Mitigation of Identity Theft
- Annual Review and Update of Program
3.07 Title IX and Violence Against Women Act/Clery Compliance3.07 Title IX and Violence Against Women Act/Clery Compliance
Title: Title IX and Violence Against Women Act/Clery Compliance
Number: AP 3.07
Adopted: April 2015
Reviewed: June 2018
Revised: October 2017
The College is bound by and supports all applicable laws. This policy addresses Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. This policy also addresses the requirements of the Campus Sexual Violence Elimination Act (“Campus SaVE Act” or “SaVE Act”), and the 2013 Violence Against Women Act (VAWA) Amendments to the Jeanne Clery Act. Pursuant to Title IX, the College does not discriminate on the basis of sex (which includes for purposes of this policy gender, gender identity, and sexual orientation) in the administration of its educational programs or activities.
In addition to discrimination on the basis of sex, Title IX’s requirements also cover sexual misconduct, including sexual harassment, sexual assault, and sexual violence. Sexual misconduct infringes on the rights of others, and violates the standards of acceptable behavior at the College. Through this policy, the College prohibits all forms of sexual misconduct, including sexual harassment, sexual assault, and sexual violence, and takes immediate and appropriate steps to prevent, investigate, and end the same.
Individuals are encouraged to direct questions, concerns, and complaints regarding Title IX and/or the application of this policy to the College’s Title IX Coordinator and/or Title IX Deputy Coordinators, identified in this policy. If a Title IX Coordinator and/or Title IX Deputy Coordinator is alleged to have engaged in discrimination or sexual misconduct in violation of this policy, individuals are encouraged to direct questions, concerns, and complaints to an appropriate College official, including to another of the named Title IX Deputy Coordinators or with a Vice President of the College. Complaints can also be filed with the Office of Civil Rights. The Office of the Civil Rights encourages complainants to follow the College’s process, outlined in this policy, prior to filing a complaint with the Office of Civil Rights; however, it is not required. Generally, complaints must be filed with the Office of Civil Rights within 180 days of the alleged event. Complaints can be filed with the Office of Civil Rights via email at firstname.lastname@example.org, or by completing an electronic complaint form at: http://ww2.ed.gov/about/offices/list/ocr/complaintintro.html.
Laws and the requirements of this policy cover all relationships within the College community, including, but not limited to relationships between:
instructors and students;
staff and students;
campus visitors and students or employees;
conduct between members of different sexes; and
conduct between members of the same sex.
On-campus violations include any violation which occurs: within the geographic confines of the College, including its land, institutional roads and buildings, its leased premises, common areas at leased premises, the property, facilities, and leased premises of organizations affiliated with the College.
Conduct directed toward persons outside the College community, or conduct that occurs off-campus, may be considered a violation of this policy if the College concludes that the conduct occurred in the context of an education program or activity, or had a continued negative effect on campus or in an off-campus education program or activity.
Students should be aware that off-campus violations that have a downstream effect on the College or its students are subject to disciplinary sanctions. As examples, sexual misconduct, including sexual harassment, sexual assault, and sexual violence relationship violence, stalking, and harassment are within the College’s interest when the behavior:
involves conduct directed at or by a College student or other member of the College community (e.g. outside employment);
occurs during College-sponsored events (e.g. field trips, social or educational functions, College-related travel, student recruitment activities, internships and service learning experiences);
occurs during the events of organizations affiliated with the College, including the events of student organizations;
occurs during a Study Abroad Program or other international travel; or
poses a disruption of threat to the College community.
Overview of Policy Expectations with Respect to Consensual Relationships
There are inherent risks in any romantic or sexual relationship between individuals with unequal authority (such as an instructor and student or supervisor and employee). These relationships may be less consensual than perceived by the individual in a position of authority. The relationship also may be viewed in different ways by each of the individuals, particularly in retrospect. Furthermore, circumstances may change, and conduct previously welcomed may become unwelcome and a consensual romantic or sexual relationship may no longer be consensual for both individuals. For the personal protection of all individuals associated with the College, relationships in which there may be real or perceived authority imbalances (e.g., instructor and student, staff and student, administrator and student, supervisor and employee) are prohibited.
A consensual romantic or sexual relationship in which there is a direct supervisory or evaluative role over another individual is in violation of the Employee Code of Conduct AP 4.01. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the immediate attention of their supervisor so arrangements to remedy the supervisory or evaluative conflict can be implemented.
Definitions and Processes
Days is defined as Monday through Friday when the College is open for business. Weekends, holidays, and days when the College is closed are excluded.
Coercion is defined as compelling someone to act based on:
• an unreasonable amount of pressure;
• threats; or
When someone makes clear that he or she does not want to engage in sexual conduct, wants it to stop, or does not wish to go past a certain point of sexual interaction, continued pressure beyond that point is coercive.
Consent is informed, freely given, and mutually understood affirmative agreement. The College’s policy requires that all participants to sexual activity consent to the activity. Consent to sexual activity can be given by words or overt actions, as long as those words and/or actions create a clear and mutually understandable affirmative agreement to engage in the sexual activity.
The person giving the consent must act freely, voluntarily, and with an understanding of his or her actions when giving the consent. Lack of protest or resistance does not constitute consent, and silence alone cannot be interpreted as consent. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to present and/or future sexual acts. Persons who want to engage in sexual activity are responsible for obtaining consent—it should never be assumed. Relying solely on non-verbal communication can lead to misunderstanding.
Under Wisconsin law (Ch. 940.225(4), Wis. Stats.), consent is defined as “words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact”. Minors (under the age of 18), persons suffering from mental illness or defect, and sleeping or unconscious persons are presumed unable to give consent, both under Wisconsin law and this policy. A person who is incapacitated cannot give consent to engage in sexual activity. Incapacitation can result from alcohol or other drug use, unconsciousness, blackout, mental disability, sleep, involuntary physical restraint, or from being drugged. Incapacitation occurs when an individual cannot understand the fact, nature, or extent of the sexual activity. A respondent cannot defend a violation of this policy by claiming that he or she was also impaired from alcohol or drug use and unable to tell whether the complainant was incapacitated.
Consent must be present throughout the sexual activity—at any time a participant can communicate through words or actions that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to the sexual activity, the participants must stop the sexual activity until the confusion can be clearly resolved and all parties have consented to continue the sexual activity.
The College may conclude that an instance of sexual contact was prohibited sexual misconduct for purposes of this policy, because it was without another person’s consent, even if that conduct would not meet the standard of a criminal sexual assault under Wisconsin law. For example, it is possible the College would conclude under some circumstances that a person who was intoxicated on alcohol could not consent, and therefore, did not give consent to sexual contact, even though the criminal courts might not reach the same conclusion.
Harassment (Including Sexual Harassment)
Harassment and sexual harassment are defined in the College’s Anti-Harassment Nondiscrimination Policy BP 4.02. Sexual harassment includes, but is not limited to:
unwelcome sexual advances or requests for sexual favors;
unwelcome verbal or physical conduct of a sexual nature;
making submission to, or rejection of, such conduct a factor in academic or employment decisions affecting the student or employee; or
permitting such conduct to unreasonably interfere with a student’s academic performance or an employee's work performance.
Individuals who have been a victim of harassment, sexual harassment, and/or have a restraining order against another individual should inform Campus Security. This is especially important if the person who is the object of the restraining order is a student or employee at the College. The College will take all steps necessary to comply with the restraining or protection order.
Hostile environment includes any situation in which the conduct in question is sufficiently severe, persistent or pervasive such that it alters the conditions of employment or limits, interferes with, or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct in question is physical. For example, single or isolated incident of sexual violence may create a hostile environment.
The determination of whether an environment is “hostile” is based on the totality of the circumstances, including, but not limited to:
the frequency of the conduct;
the nature and severity of the conduct;
whether the conduct was physically threatening;
whether the conduct was humiliating;
the effect of the conduct on the alleged victim’s mental or emotional state;
whether the conduct was directed at more than one person;
whether the conduct arose in the context of other discriminatory conduct; and/or
whether the conduct unreasonably interfered with the alleged victim’s educational or work performance.
Relationship violence is conduct in which the parties involved are in a social, romantic, or intimate relationship or had a prior social, romantic, or intimate relationship. Relationship violence may include, but is not limited to, acquaintance rape, dating violence, and/or domestic violence.
Relationship Dating Violence
Dating violence is 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 a social, romantic, or intimate relationship shall be determined based on a consideration of the following factors:
length of the relationship;
type of relationship; and
frequency of interaction between the persons involved in the relationship.
Relationship Domestic Violence
According to Ch. 968.075, Wis. Stats., “domestic abuse” (domestic violence) means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, or against an adult with whom the person has a child in common:
intentional infliction of physical pain, physical injury, or illness;
intentional impairment of physical condition;
violation of Wisconsin sexual assault laws; or
physical act that may cause the other person reasonably to fear imminent engagement
in the conduct described in above listed bullet points.
Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her.
Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.
Emotional Abuse: Undermining an individual's sense of self-worth and/or self-
esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children.
Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.
Psychological Abuse: Elements of psychological abuse include, but are not limited to, causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.
Retaliating directly or indirectly against a person who has, in good faith, filed, supported, or participated in an investigation of a complaint made pursuant to this policy is prohibited. Retaliation constitutes a violation of this policy, even if the underlying complaint is ultimately found to have no merit. Retaliation includes, but is not limited to following:
ostracizing the person;
pressuring the person to drop or not support the complaint;
providing false or misleading information;
engaging in conduct that may reasonably be perceived to affect adversely that person's educational, living, or work environment; or
similar conduct engaged in by a third party at another party’s request.
Sexual assault is any type of actual, attempted, or threatened sexual contact (forcible or non-forcible) with another person without that person’s explicit consent. A sexual assault includes, but is not limited to, forced sexual intercourse, forcible sodomy (oral or anal intercourse), fondling, and attempted rape.
Sexual assault is defined very broadly by criminal law Ch. 940.225, Ch. 948.02, of Wis. Stats, as well as under the College policy. Sexual assault can be as limited as a single instance of touching, however slight, with any object or body part, of the breasts, buttocks, groin, or genitals without consent, even if the person touched is fully clothed.
Other examples of sexual assault include, but are not limited to:
Non-consensual sexual intercourse (rape), which includes vaginal penetration, however slight, by a penis, object, tongue or finger, anal penetration by a penis, object, tongue or finger, and oral copulation, without consent. This definition includes acts commonly referred to as “date rape” and/or “acquaintance rape”; and
Non-consensual sexual contact, which includes any touching, however slight, with any object or body part, of the breasts, buttocks, groin, whether by coercion, force, or otherwise, without consent.
Sexual exploitation involves taking non-consensual sexual advantage of another person, even though the behavior might not constitute one of the other sexual misconduct offenses. Examples include, but are not limited to the following behaviors:
distribution or publication of sexual or intimate information about another person without consent, including by means of social media;
electronic recording, photographing, or transmitting sexual or intimate utterances, sounds, or images without knowledge and consent of all parties;
engaging in indecent exposure;
voyeurism - voyeurism involves both secretive observation of another’s sexual activity and secretive observation of another for personal sexual pleasure; or
going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex).
Sexual misconduct is a broad term encompassing a broad range of non-consensual, unjust, or abusive behavior or attempted behavior of a sexual nature that is committed by force or intimidation, or that is otherwise unwelcome, but which does not otherwise constitute sexual harassment, sexual assault, or sexual violence. Sexual misconduct includes, but is not limited to:
No matter what the circumstances, sexual misconduct violates the College’s standards of acceptable behavior and is prohibited by this policy.
Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
Stalking can include, but is not limited to:
repeated, unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or email;
repeatedly leaving or sending victim unwanted items, presents, or flowers;
following or lying in wait for the victim at places such as home, school, work, or recreation place;
making direct or indirect threats to harm the victim, the victim's children, relatives, friends, or pets;
damaging or threatening to damage the victim's property;
harassing victim through the internet;
posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth; or
obtaining personal information about the victim by accessing public records, using internet search services, hiring private investigators, going through the victim's garbage, following the victim, contacting victim's friends, family, work, or neighbors, etc.
Source: Stalking Resource Center, National Center for Victims of Crime Stalking is defined in Ch. 940.32, Wis. Stats.
Any person who is currently enrolled and actively engaged in a post-secondary credit course, adult apprenticeship, and/or adult basic education.
Actively engaged includes:
Individuals who have met the criteria of academic attendance/participation in an academically-related activity for the course they are enrolled in.
Academically-related activities include, but are not limited to:
physically attending a class where there is an opportunity for direct interaction between the instructor and students;
submitting an academic assignment;
taking an exam, completing an interactive tutorial, or participating in computer- assisted instruction approved by the instructor and/or College;
attending a study group that is assigned by the school;
participating in an online discussion about academic matters.
Academically-related activities do not include activities where a student may be present but not academically engaged, such as:
logging into an online course without active participation (i.e. responding to a discussion board assignment) as outlined above under Academically-related activities; or
participating in academic advisement during the time period the student is not actively engaged in a course as outlined above.
A student is no longer considered to be actively engaged when the student has:
received a final grade for the course
officially withdrawn from the course;
unofficially withdrawn from the course, which would be determined by the last date the student was actively engaged in the course.
Title IX Coordinator
Pursuant to Title IX, the College has established the Title IX Coordinator position. The College’s Title IX Coordinator has primary responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX, as well as this policy. The Title IX Coordinator oversees the College’s response to reports and complaints that involve possible sex discrimination and/or sexual misconduct, monitors outcomes, conducts an annual report to assess the campus climate, identifies and addresses any patterns or systemic problems within the College community, and provides and facilitates ongoing training, consultation, and assistance on Title IX matters for students, faculty, and staff. The College’s Title IX Coordinator is:
Matthew R. Schur, M.P. Admn.
Red Oak Center, Room 207C
(715) 365-4615 or email@example.com
Title IX Deputy Coordinators
The College has designated Title IX Deputy Coordinators to assist the Title IX Coordinator. A Title IX Deputy Coordinator is responsible for assisting the Title IX Coordinator to conduct training, climate assessments, and facilitate communications on behalf of the College with the student or employee who reports a violation, the respondent, and with any administrators responsible for administering this policy.
The College has five (5) Title IX Deputy Coordinators.
Title IX Deputy Coordinator for Employees
Northwoods Center, Room 118
(715) 365-4435 or firstname.lastname@example.org
Title IX Deputy Coordinator for Students
Birchwoods Center, Room 101-4 (715) 365-4535 or email@example.com
Deputy Coordinators Christin Van Kauwenberg Red Oak Center
Sara Tienhaara Lakeside Center Room 223
Dwight Webb Red Oak Center Room 227 (715) 365-4543
The College does not have employees who are designated confidential resources, who are prohibited from sharing student and employee conversations (i.e., Licensed Professional Counselors or Clergy).
Community resources are listed on the College’s website, under Safety and Equal Opportunity Resources.
All College employees are “responsible employees” for purposes of this policy, and therefore must report to the Title IX Coordinator, a Title IX Deputy Coordinator, or other appropriate College official, all relevant information regarding allegations of sexual misconduct made known to them, or which they have reasonable cause to suspect might have occurred. Responsible employees are required to advise students that they are required to report potential or alleged violations of this policy to the Title IX Coordinator, a Title IX Deputy Coordinator, or other appropriate College official. Responsible employees are also required to inform students that even if they choose not to file a formal complaint with the College or Law Enforcement or participate in an investigation pursuant to this policy, the College may need to further investigate reports of sexual misconduct, and the College cannot guarantee confidentiality of information shared by the students, although, to the extent possible, privacy will be maintained and information will only be shared with individuals on a “need to know” basis. Finally, responsible employees must advise students of their ability to share information with confidential resources, who are not obligated to report information under this policy.
If you are unsure of an employee’s responsibilities and duties for maintaining your privacy and/or reporting information you share, ask BEFORE you share information with student, so that you can make informed reporting decisions.
Sexual harassment, sexual violence, and sexual misconduct awareness and prevention training is made available to new students and staff in an online format. Resources and training materials can be found online on the Security section of the College web site. In accordance with the College’s mission and vision, as well as Federal guidelines, training about the policy and procedures regarding sexual assault and relationship violence is required for all students and employees. Best practices identified through the United States Department of Education and VAWA will be used to develop awareness programs. Bystander Intervention training will provide guidance and resources to assist students when faced with a situation and to safely intervene if someone is at risk of being assaulted. In addition, the College will periodically conduct a campus climate survey to gain a stronger understanding of social issues impacting students, and the effectiveness of College prevention efforts, policies, and resources that address them.
The College Sexual Misconduct Policy
The College has a zero tolerance policy for any and all forms of sexual misconduct, including sexual harassment, sexual assault, and sexual violence. This policy is designed to:
establish and reaffirm the College’s zero tolerance policy for any and all forms of sexual misconduct;
provide resources for members of the College community who believe their rights have been violated;
consider the rights of the complainant, the rights of the respondent, the safety of the College community, and compliance with applicable laws and College policies;
conduct a timely, fair, impartial, and equitable investigation and adjudication process for all claimed violations of this policy with thoroughness and respect for all involved parties;
protect the privacy of all parties to the extent practical, while balancing the need to perform an investigation, follow the procedures outlined below, comply with applicable law, and maintain campus safety;
provide appropriate remedies and sanctions to address the discriminatory effects of sexual misconduct, including sexual harassment, sexual assault, and sexual violence; and
support the needs of the complainant and respondent in the areas of emotional and mental health, physical well-being, and safety from future incidents of sexual misconduct and/or retaliation.
The College will take appropriate measures to address violations of this policy in a manner that is reasonable to prevent such conduct from recurring and to minimize the effects on victims and the College community. Retaliation for filing a report or complaint or for participating in a related investigation or disciplinary proceeding is also a violation of this policy.
Reporting Policy Violations
The College urges victims to report instances of sexual misconduct, including sexual harassment, sexual assault, and/or sexual violence. Complainants may report incidents at any time, but are strongly encouraged to make reports promptly, and to preserve any relevant evidence.
Victims are strongly encouraged to immediately report any instances of sexual misconduct to law enforcement for the location where the incident occurred. Contact information for the Rhinelander Campus and the Lakeland Outreach Center is listed in the College’s Emergency Response Guide. The College Title IX Coordinator, Title IX Deputy Coordinators, or the College’s Campus Security Department may provide assistance if an individual elects to contact law enforcement. Declining to report an incident to law enforcement or cooperate with law enforcement’s investigation of an incident does not prevent an individual from filing a complaint with the College under this policy. The College may seek the assistance of local law enforcement agencies in its investigation, where deemed appropriate. Individuals may simultaneously file complaints with law enforcement and the College. Filing a complaint with law enforcement does not preclude an individual from seeking redress under the College’s policy.
Victims are also encouraged to report crimes to the College’s Campus Security at:
715) 365-4420 or Emergency Response Team (ERT) at (715) 365-4999 as soon as possible. The ERT will take action to protect the College community and issue a timely warning if the perpetrator remains at large. Individuals who are being stalked or are victims of dating violence on College-controlled premises or at College-sponsored events should notify Campus Security or ERT. If this action is taking place at an off-site location, it is strongly suggested the individual involve law enforcement immediately. Individuals who have a restraining or other protection orders against another individual should inform Campus Security or ERT. This is especially important if the person who is the object of the restraining or protection order is a student or employee at the College. Reports of violent incidents related to stalking and dating violence will be included in the annual security report as required under the Clery Act and VAWA.
Students and non-employees may file complaints under this policy with any College employee, who will then notify the Title IX Coordinator and/or Title IX Deputy Coordinator for Students. If the Title IX Coordinator or a Title IX Deputy Title Coordinator for Students is alleged to be the person who engaged in the alleged misconduct, the incident will be investigated by another Title IX Deputy Coordinator or trained designee. Complainants are encouraged to identify the alleged victim(s) and the alleged perpetrator(s), and describe the conduct, incident(s), or occurrence(s) that form the basis of the complaint.
College employees may file complaints under this policy with the Title IX Coordinator and/or Title IX Deputy Coordinator for Employees. If the Title IX Coordinator or Title IX Deputy Coordinator for Employees is alleged to be the person who engaged in the alleged misconduct, the incident will be investigated by another Title IX Deputy Coordinator or trained designee.
Any College employee can help with filling out the incident report. It is preferred that the complaint be submitted via the College’s electronic Conduct Violation Report. If, due to a disability, accommodations are needed to assist the student with filing a complaint, please contact the Accommodations Specialist at (715) 365-4560. Employees can receive assistance with filing a complaint by contacting Human Resources at (715) 365-4449 or (715) 365-4435.
Once a College employee either knows or should have known about an alleged incident of sexual misconduct, the College will:
1. take immediate and appropriate steps to investigate what occurred; and
2. take prompt and effective action to:
a) stop the behavior;
b) remedy the effects of the behavior and
c) prevent the recurrence of said behavior.
The College takes allegations of sexual misconduct very seriously and recognizes the consequences such allegations may have on a complainant as well as a respondent. The College will not condone false reporting under this policy. Any person who makes a report that is later found to have been intentionally given falsely or made maliciously without respect for the truth may be subject to sanctions. The College recognizes the right of all parties involved in a complaint to a fair and equitable resolution of complaints. Any individual who knowingly provides false information regarding a complaint made under this policy during the investigation of such a complaint may also be subject to sanctions.
Requests for Confidentiality
If the complainant requests confidentiality or requests that the complaint not be investigated or pursued, the Title IX Coordinator and/or appropriate Title IX Deputy Coordinator will take all reasonable steps to investigate and respond to the complaint while honoring the complainant’s request. At all times and to the extent permissible by law and the needs of the investigation process, the College will endeavor to keep complainant information private. Information will only be shared on a “need to know” basis with individuals responsible for addressing incidents of sexual misconduct under this policy. Prior to disclosing information, the College will make every effort to notify the complainant of the following:
what information will be disclosed;
whom the information will be disclosed to; and
why the information needs to be disclosed.
However, once a report is made to the College of alleged sexual misconduct, or once the College becomes aware of any possible violation of this policy, confidentiality cannot be guaranteed. Honoring a request for confidentiality may limit the ability of the College to respond to the allegation or possible violation, including pursuing sanctions and remedies against the respondent(s). The College will determine if a confidentiality request can be honored while providing a safe and non-discriminatory environment for all members of the College community. Requests for confidentiality will be evaluated in the context of the College’s responsibility to provide a safe and nondiscriminatory environment for all members of its community. Factors that may impact whether the College can honor a request for confidentiality include the seriousness of the alleged conduct and whether there have been other complaints about the same individual. In instances where a complainant insists on confidentiality, it may limit the ability of the College to respond.
Complainant and Respondent Rights
- Following the receipt of complaint undert his policy,theCollege will respond promptly, equitably, and thoroughly, barring any unusual circumstances.
Complaints will be investigated by theTitle IX Coordinator,Title IXDeputy Coordinator, trained Title IX Investigator, and/or other appropriate designee.
The respondent is entitled to receive notification of the behavior which has allegedly violated the College’s policy, as well as an opportunity to respond to allegations.
The complainant and respondent have a right to supply the investigative team with information and/or witnesses.
The complainant and the respondent are entitled to the same opportunities to have support member/advisor present during a campus disciplinary proceeding, but the support member/advisor may not participate directly in the proceedings or otherwise interfere. Notice of representation must be made in advance to the Title IX Coordinator and/or Title IX Deputy Coordinator.
Both the complainant and the respondent will be simultaneously informed of the outcome of any campus disciplinary proceeding alleging sexual misconduct, relationship violence, and/or stalking.
Aneutralhearingofficer,andimpartialdecisionabouttheallegedpolicyviolation.Both the complainant and the respondent are entitled to appeal a disciplinary decision, as outlined in the appeals section of this policy.
Throughout the investigation and resolution process, the College will provide appropriate support for the complainant and respondent, including information about College, community, and/or law enforcement resources, including counseling and other health services.
Prior to initiating an investigation of a complaint made under this policy, the Title IX Coordinator and/or a Title IX Deputy Coordinator will meet with the complainant to explain the investigation and resolution process, as well as available College and law enforcement resources.
If appropriate, the College will take reasonably available and appropriate interim measures during the investigation and resolution process including, but not limited to the following:
no contact directive between complainant and respondent;
change in academic and/or office assignment situations;
change in workplace assignment and reporting structure;
waiver of absence and assignment requirements;
temporary leave of absence;
temporary ban from College controlled locations and/or events;
withdrawal from courses; and/or
plan to address safety concerns.
A preliminary investigation will be conducted to determine if there is probable cause to believe this policy was violated. If the investigation does not find probable cause for the complaint, the College will dismiss the case. The complainant will be informed why the alleged act does not violate the College’s policy. If it is determined by the Title IX Coordinator, Title IX Deputy Coordinator, trained Title IX Investigator, and/or other appropriate designee that there is probable cause of misconduct, a formal investigation will begin immediately.
Formal Investigation Process
The following process will be used to further investigate allegations made under this policy, after a preliminary investigation has resulted in a finding of probable cause to believe that this policy was violated:
1. Upon receiving a complaint,the appropriateTitleIX Deputy Coordinator willf acilitatate fact-finding investigation which will include assigning a Title IX Deputy Coordinator, trained Title IX Investigator, and/or other appropriate designee to review the complaint.
A Title IX Deputy Coordinator, trained Title IX Investigator, and/or other appropriate designee will conduct interviews with the complainant, respondent, and other appropriate individuals (i.e., witnesses). The investigation will be prompt, thorough, and impartial.
The intent of the interview with the complainant, respondent and witnesses is to determine a true and complete account of the complaint. The following information will normally be sought during the interview process:
the severity of the conduct;
the number and frequency of acts of the alleged offense;
the apparent intent of the person alleged to have engaged in sexual misconduct;
the relationship of the parties;
the response of the complainant at the time of the incident(s); and
the relevant educational/work environment.
Periodic updates to the complainant and the respondent will simultaneously be provided during the investigation process.
All persons involved in the investigation will be reminded that the incident should not be discussed, in order to preserve the integrity of the investigation process. Retaliatory action against the complainant, respondent or witnesses will not be tolerated.
The TitleIX DeputyCoordinator,trained TitleIX Investigator,and/or other appropriate designee will submit a report to the College Title IX Coordinator detailing the allegations, evidence collected, and statements from the complainant, respondent and any relevant witnesses to the conduct. The report will include the appropriate Title IX Deputy Coordinator’s, trained Title IX Investigators, and/or other appropriate designee’s findings, as well as any recommendations for sanctions, if warranted.
The College Title IX Coordinator will review the investigative report, evidence and all known circumstances from the Deputy Title IX Coordinator, trained Title IX Investigator, and/or other appropriate designee and will make a final determination.
Communication from theTitleIX Coordinator regarding the outcome is communicated to the complainant and the respondent simultaneously.
The College aims to complete the formal investigation process within 60 days of receiving the complaint. However, given the facts and circumstances of the case, the investigation and resolution process may take more than 60 days. The College will simultaneously communicate to both the complainant and respondent in the event the formal investigation will not be completed within 60 days.
Preponderance of the Evidence Standard
Evidence and information collected during an investigation of a complaint made under this policy will be evaluated using a preponderance of the evidence standard. Under this standard, if the evidence and information collected during the investigation suggest it was “more likely than not” that a policy violation occurred, the College will conclude that the policy was violated and find the accused responsible.
Student Sanction Statement
The College reserves the right to take whatever measures it deems necessary in response to an allegation of misconduct under this policy to protect students’ rights and personal safety, as well as the safety of the College community.
Potential sanctions for students who are found responsible for acts of misconduct under this policy could be, but are not limited to the following:
disciplinary action, up to and including, expulsion;
referral to law enforcement when there is danger or threat to community and/or when requested by the victim; and/or
referral to appropriate community resources.
Not all forms of misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. Previous substantiated student conduct violations will be considered in determining the appropriate sanction. The College will consider the concerns and rights of the complainant, the respondent, and the College community.
The Title IX Coordinator has the right to broaden or lessen any range of recommended sanctions. The initial investigative team, appeals body, or designee may not deviate from the range of recommended sanctions unless there is compelling justification to support a deviation.
Employee Sanction Statement
The College reserves the right to take whatever measures it deems necessary in response to an allegation of misconduct by an employee under this policy to protect employees’ and students’ rights and personal safety, as well as the safety of the College community.
Potential sanctions for employees who are found responsible for acts of misconduct could be, but are not limited to, the following:
disciplinary action, up to and including, termination of an employee found responsible for violating these policies;
referral to law enforcement when there is danger or threat to community and/or when requested by victim; and/or
referral to appropriate community resource(s).
Not all forms of misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose different sanctions, ranging from verbal warning to termination, depending on the severity of the offense. Previous substantiated employee conduct violations will be considered in determining the appropriate sanction. The College will consider the concerns and rights of both the complainant and the respondent.
The Title IX Coordinator has the right to broaden or lessen any range of recommended sanctions. The initial investigative team, appeals body, or designee may not deviate from the range of recommended sanctions unless there is compelling justification to support a deviation.
Non-student and Non-employee Sanction Statement
The College reserves the right to take whatever measures it deems necessary in response to an allegation of misconduct by non-students and/or non-employees to protect the safety of the College community.
Not all forms of misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose different sanctions, up to and including being banned from all College-controlled premises and activities, depending on the severity of the offense. Previous substantiated conduct violations will be considered in determining the appropriate sanction.
The Title IX Coordinator has the right to broaden or lessen any range of recommended sanctions. The initial investigative team, appeals body, or designee may not deviate from the range of recommended sanctions unless there is compelling justification to support a deviation.
Student Appeal Process
All students have the right to appeal investigatory and/or disciplinary decisions made under this policy. Appeal requests must be made in writing to the Title IX Coordinator within five (5) days after verbal or written notification of the investigation findings and/or disciplinary sanction. It is preferred that the complaint be submitted via the College’s electronic Appeal of Student Conduct or Misconduct Findings Form. If, due to a disability, accommodations are needed to assist the student with filing an appeal, please contact the Accommodations Specialist at (715) 365-4560.
A student may file a written appeal under this policy for three reasons, which include:
procedural error/ failure to uphold the student’s rights that may substantially alter the outcome of the decision;
new evidence that was unknown or unknowable at the time of the investigation and decision; and/or
bias by the TitleIX Coordinator,TitleIX DeputyCoordinator,trained TitleIX Investigator, and/or other designee involved in the investigation and sanctioning process.
A student’s written appeal must include the following information:
the name,address,and telephone number of the party;and
a clear statement explaining the nature and circumstances of the appeal, citing the reason for the appeal, including a description of the alleged procedural error, new evidence and/or bias.
The Vice President of Academic Affairs or other appropriate designee who has not otherwise been previously involved in the complaint will serve as the final arbiter of all appeals made under the policy. Neither the complainant nor the respondent will be entitled to further hearing in connection with an appeal. The Vice President of Academic Affairs or other appropriate designee will review the student’s written appeal and the investigative report, and may, at his or her discretion, request written submissions from either or both the complainant and respondent.
The Vice President of Academic Affairs or other appropriate designee will simultaneously inform both the complainant and the respondent in writing of the outcome of the appeal within fourteen (14) days after receipt of the appeal, unless the College determines that additional time is required. The appeal decision shall be considered final.
Employee Appeal Process
All employees have the right to appeal disciplinary decisions. Consistent with Step 2 of the Employee Complaint and Appeal Procedure BP 4.04, the employee must follow the steps and processes outlined in the Board policy. An employee may only appeal a decision made pursuant to this policy for three reasons, which include:
procedural error/failure to uphold theemployee’s rights that may substantially alter the outcome of the decision;
new evidence that was unknown or unknowable at the time of the investigation and decision; and/or
bias by the TitleIX Coordinator,TitleIX DeputyCoordinator,trained TitleIX Investigator, and/or other designee involved in the investigation and sanctioning process.
Disclosures – FERPA Exemptions
The following information will be disclosed to the alleged victim: The findings of the investigation and the sanction(s) imposed on the respondent that are related to the victim. However, the College may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. This disclosure is not subject to the re-disclosure limitation and notice requirements otherwise identified in FERPA. Finally, as required by the Clery Act, and permitted by FERPA, the College will inform the complainant in a case involving alleged sexual violence of the final determination and any disciplinary sanctions imposed on the respondent.
Community and College Resources
Victims are encouraged to seek help from the agencies listed in the College Safety and Security Resource Guide for follow-up counseling and support. Further, victims do have the option to, or not to, notify and seek assistance from law enforcement and campus authorities. Victims can also call the 24-hour Crisis Hotline at 800-236-1222 or 715-362- 6800.
CURRENT RESOURCES BY COUNTY:
TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-478-3780 (Local)
• 24-hour Crisis Hotline (Domestic Violence/Sexual Assault Victim Advocacy)
Forest County Potawatomi Health and Wellness Center / Domestic Violence Program
• Forest County Potawatomi Domestic Violence program
• Sexual Assault Victim Advocacy
DOVE (Domestic Violence Escape)
800-711-6744 (Toll Free) or 715-561-5671 - Victim/Witness Assistance program
Advocates for Victims of Domestic and Sexual Abuse (AVAIL)
715-623-5767 (24-Hour Crisis Hotline) or 715-536-5177 (Local)
• Emergency shelter, 24-hour crisis hotline, counseling and support groups, information
The Haven – Lincoln County Domestic Violence Shelter
• Sexual assault victim advocacy, 24-hour crisis hotline, legal advocacy
TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-362-6841 (Local)
• 24-hour crisis hotline, domestic violence and sexual assault victim advocacy
Sacred Heart / St. Mary’s Hospital Emergency Department
• Sexual Assault Nurse Examiner (SANE) program
Howard Young Medical Center
• Sexual Assault Nurse Examiner (SANE) program
• Oneida County Health Department Reproduction Health Clinic: STD screening, treatment, education, HIV counseling and testing, emergency contraception
Oneida County Health Department
• STD screening, treatment, education, HIV counseling and testing, emergency
TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-479-2912 (Local)
• 24-hour Crisis Hotline (Domestic Violence/Sexual Assault Victim Advocacy • Eagle River Memorial Hospital Emergency Department
• Sexual Assault Nurse Examiner (SANE) program
Lac du Flambeau Domestic Violence Shelter/Sexual Assault Victim Advocacy
800-236-7660 (Toll Free)
CLERY ACT ADDENDUM REQUIREMENTS
The Campus SaVE Act (the “SaVE Act” or “Act”) applies to almost all institutions of higher education since it is directed toward those that participate in financial aid programs under Title IV of the Higher Education Act of 1965. It became effective on March 7, 2013 as part of the Violence Against Women Reauthorization Act (VAWA) and amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (known as the Clery Act).
The Act requires higher education institutions to report crime statistics and disclose security-related information in several ways:
It adds offenses involving domestic violence, dating violence, and stalking to the crimes that institutions must report and include in their annual security reports (ASR).
Itexpandsthecategoriesofreportable“hatecrimes”toincludethosebased on bias against gender identity or national origin.
The policy statements filed as part of the ASR must now include detailed descriptions of the institution’s internal procedures in cases of domestic violence, dating violence, or stalking, as well as descriptions of its education and prevention programs.
3.08 Service Animals3.08 Service Animals
Title: Service Animals
Number: AP 3.08
Adopted: November 2016
In service to the people of Northern Wisconsin, we deliver superior community college education that transforms lives, enriches communities, fosters economic development, and expands employment opportunities.
Nicolet College recognizes and supports the assistance a trained service animal can provide an individual with a disability. Service animals are allowed within College facilities utilizing the following guideline.
Service Animal: In accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), College policies allow for the use of service animals by an individual with a disability. A service animal is defined as a dog (or in certain circumstances, miniature horse) that has been individually trained to do work or perform tasks for an individual with a disability.
Work or Tasks: The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation or other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balancing and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provisions of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Control: A service animal must be under the control of the handler at all times. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks. In either case, the service animal must be under the handler’s control (e.g., voice control, signals, or other effective means).
The College reserves the right to remove a service animal from the premises if:
- The animal is out of control and the animal’s handler does not take effective action to control it.
- The animal poses a direct threat to the health and safety of others.
- The animal causes substantial physical damage to property.
- The animal would pose an undue financial and/or administrative burden for the College, or would fundamentally alter the College’s ability to deliver services, programs, or activities
- The animal is not housebroken.
If the College properly excludes a service animal it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. Effective alternatives will be examined with the individual to accommodate access.
The College is not responsible for the care or supervision of a service animal.
Requests for the use of a service animal at Nicolet College will be reviewed on a case-by-case basis.
Contact the Accommodations Specialist with your request.
Contact the Human Resources Department with your request.
A request needs to be made in advance of the attendance of a service animal in the academic or work environment. In the case of a student, upon determination of eligibility, contact will be made with the instructor(s) to notify them of the appropriate accommodation. In the case of an employee, upon determination of eligibility, contact will be made with the supervisor to notify them of the appropriate accommodation.
The following factors will be considered in regard to the individual’s access to programs and services.
- If the animal is required because of a disability.
- What work or task the animal has been trained to perform.
The College will not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
If an individual notifies the College of any allergy to a service animal that is accompanying a partner/handler, the College will make reasonable attempts to balance the rights of the individuals involved and to consider the available options. Generally, allergies that are not life threatening are not a valid reason for prohibiting the presence of a service animal.
Similarly, fear of animals generally is not a valid reason for prohibiting the presence of a service animal.
3.09 Campus Pet Policy3.09 Campus Pet Policy
Title: Campus Pet Policy
Number: AP 3.09
Adopted: November 2016
The following policy has been established to provide for the health and safety of the Nicolet College students, faculty, staff, and visitors; for the protection, efficient use, and enjoyment of the College’s property; and the reasonable management and operations of the College.
A reasonable pet policy, focused on owner responsibility, improves the quality of campus life inside and outside buildings while minimizing the use of resources on avoidable cleanup and repairs. Beyond the obvious concerns for property maintenance and personal welfare, it is hoped that these regulations will foster an atmosphere where all can enjoy the College’s facilities in a comfortable and relaxed setting.
No pets are allowed inside College buildings.
NOTE: This prohibition does not apply to individuals accompanied by services animals or animals providing aid to law enforcement agencies
Outside of Buildings
The following rules apply to the College property outside of buildings.
- Pets must be leashed and under control at all times.
- Owners must have a means to clean up after their pet, specifically, the owner or person(s) who possess or control the pet when appearing with the pet on any walkway, roadway, and recreational area shall also possess the means of removal of any fecal matter left by the pet.
- The owner is responsible for immediate cleanup and reporting of incidental damage caused by the pet (including digging damage). Cleanup should be thorough enough so as to generate no additional work for College staff or inconvenience for members or the College community or visitors. Owners should contact Campus Security (715-365-4420) to report any and all damages.
Violations of this policy will be handled through a system of progressive corrective penalties that will be administered by the Director of Risk, Compliance, and Security. Other college employees are encouraged to inform people of the policy and inform Campus Security of any violations.
- First Violation – Verbal warning that will remind the individual of the rules and their specific violation.
- Second Violation – Written warning
- Third Violation – The pet and/or the pet’s owner may be excluded from campus.
- Failure to Cooperate – The pet and/or pet’s owner immediate exclusion from campus.
4.0 Human Resources4.0 Human Resources
4.05 Alcohol and Drug Use4.05 Alcohol and Drug Use
Title: Alcohol and Drug Use
Number: AP 4.05
Adopted: March 1995
Reviewed: August 2017
Revised: August 2017
The College will adhere to all federal, state, tribal, and local laws concerning the use of alcohol and other drugs and will support efforts to address violations of these laws.
The College recognizes that the use of alcohol and other drugs may impair performance or safety, may interfere with proper functioning or behavior, and in certain instances leads to dependency. The College also recognizes that such chemical dependency is a serious illness. An employee or student needing help with dependency is encouraged to seek the appropriate medical and other community resources.
Possession, manufacturing, sale, distribution, unauthorized use, or being under the influence of controlled substances, illicit drugs, or alcohol by anyone while on College-controlled property, at any College-sponsored or -related activity, or while operating a College-owned/leased vehicle is strictly prohibited. Violations of this policy will result in disciplinary action.
Drugs prescribed by a person licensed to prescribe or dispense controlled substances, or drugs used in accordance with their instructions, are not subject to this policy. Students or employees using any substances or drugs that cause drowsiness or other side effects that may impair their ability to perform their tasks properly and safely are obligated to inform the supervisor and/or instructor of such medications. Individuals will not be allowed to operate equipment or perform activities that have the potential for injury to themselves or others if impairment is suspected.
The use of alcohol on College premises is prohibited with the exception of preparation and cooking of foods in the culinary arts courses, providing of beverages at functions authorized by the College President or designee, or controlled use in law enforcement training.
A written request must be submitted to the President for authorization to use or serve alcohol at the College. A licensed bartender and valid liquor license or licensed catering service is required when providing alcohol at College functions.
Documenting Authorized Use
Documentation of Authorized Use shall be maintained in the office of the Director of Risk, Compliance, and Security.
Referral of Suspected Violations
In an emergency, call 9-1-1. Employees must refer anyone showing behavioral evidence of alcohol or illegal drug use to Campus Security or the Emergency Response Team.
Employees must refer to the Care Team, as outlined in the Emergency Response Guide, any individual under the following circumstances:
- Believed to be in violation of this policy.
- Exhibiting signs, symptoms, or indications of an alcohol or other drug-related problem.
- Self-disclosing of alcohol/drug-related use which places them or others at risk or in imminent danger.
- Judged to present a risk of imminent danger to self or others.
Self-Reporting for Student Citation, Arrest, or Conviction
In the event that a student is cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on- or off-campus) the student must notify the Director of Risk, Compliance, and Security within 48 hours or as soon as practicable thereafter. Failure to do so will result in a referral to the Student Conduct Committee and appropriate disciplinary action may be taken up to and including expulsion.
Self-Reporting for Employee Citation, Arrest, or Conviction
In the event that employees are cited or arrested for an alcohol or drug-related offense while involved in a College-related activity (on- or off-campus), the employees must notify their immediate supervisor and the Director of Human Resources within 48 hours or as soon as practicable thereafter. Failure to do so will result in appropriate disciplinary action up to and including termination.
As mandated by the Drug Free Workplace Act of 1988, employees must, as a condition of employment, report any criminal drug statute conviction for a violation occurring on or off College premises while conducting College business. A report of the conviction must be made to the Director of Human Resources within five (5) days after the conviction. Failure to provide this notification in the required timeframe will result in appropriate disciplinary action up to and including termination.
Employees may be required to participate in an appropriate rehabilitation program. Successful completion of an appropriate program, including an after-care plan, may be a requirement for continued employment. Any employee testing positive following completion of a rehabilitation program will be subject to discipline action up to and including termination.
The College may require an employee to consent to testing for use of alcohol, illegal drugs, or unauthorized use of prescription drugs for any of the following reasons:
- Reasonable suspicion.
- Employee involvement in a work-related accident involving bodily injury or damage to property.
- As required or authorized by state or federal law.
- After the employee returns to work following completion of a rehabilitation program and periodically thereafter.
Employees withholding consent for required testing may be subject to disciplinary action.
The College will take all reasonable precautions and comply with applicable state and federal laws and regulations pertaining to employee privacy and confidentiality of test results. Violations of this policy, confirmed positive test results, or refusal to consent to testing, may result in disciplinary action pending a thorough investigation by the College.
4.01 Employee Code of Ethics4.01 Employee Code of Ethics
Title: Employee Code of Ethics
Number: AP 4.01
Adopted: March 1995
Reviewed: March 2017
Revised: March 2017
Nicolet College employees are ambassadors of the College and are expected to present themselves professionally while on college business, during nonwork hours while traveling on college business, and in the community.
Acceptance of Gifts, Favors, Honoraria, or Paid Expenses
- No person may offer, give, solicit or receive anything of value to/from an employee, or his/her immediate family and/or organization that would influence or be perceived to be an attempt to influence an employee's official actions, judgments, decisions, or manner of performing his/her duties.
- Gifts from students or vendors either doing business with the College or desiring to do business with the College that are less than $25 in value and could not reasonably be expected to influence any official action, judgment, decision or duty may be accepted.
- Gifts from students or vendors either doing business with the College or desiring to do business with the College that exceed $25 in value will be accepted on behalf of the College and turned over to the College or the Foundation.
- Prior to representing the College, employees must consult with their direct supervisor. After preliminary approval, employees will then submit the Notice of Honoraria or Paid Expenses form to their supervisor. When representing the College, any fees, honoraria or reimbursements tendered must be paid to the College.
- Desk or review copies of textbooks or other free instructional materials are property of the College.
- Any royalties accrued by instructors through the requirement of book purchases by authors to their own students must be donated to the Nicolet Foundation.
An employee may not use confidential information gained in the course of employment other than in the performance of official duties.
Conflict of Interest
Employees must avoid a conflict of interest, or the appearance of a conflict of interest, between personal interests and public responsibilities.
A conflict of interest could exist:
- When an employee influences, or is in the position to influence, either directly or indirectly, College business or other decisions in ways that could lead to gain for the employee, his/her immediate family, or any third party.
- When an employee uses the College facilities, equipment, supplies, or reputation for personal gain or to sell goods or services.
- When an employee’s behavior impedes the operations of the College.
Fraud includes any willful or deliberate act committed with the intention of obtaining an unauthorized benefit, such as money or property, by misrepresentation, deception, or other unethical means.
- Knowingly making false allegations of fraudulent behavior with the intent to cause harm to another individual is subject to disciplinary action, up to and including termination of employment. All employees are expected to report any suspected instance of fraud.
Nepotism is favoritism shown to a family member or individual with whom the employee is in a Consensual Relationship. Employees may not engage in any form of nepotism.
An employee cannot be directly involved in employment-related processes, supervision, or decisions impacting a family member or individual with whom the employee is in a Consensual Relationship.
Integrity of Records
Records and accounting information must be accurate and maintained with reliability. Falsifying records or information, or being a party to the falsification of records or information, is prohibited. Intentionally destroying records maintained by the College is also a violation. Employees who have knowledge of false or inaccurate records and accounting information must report this information to their supervisor or the Director of Human Resources.
No employee or business in which an employee owns or controls, directly or indirectly, at least 10% interest may enter into a lease of real property or sale of services with the College, except that the Nicolet College Board of Trustees, upon request, may waive this prohibition where it is in the best interests of the College.
Employees who have any knowledge or reason to suspect that any type of conduct which violates this policy has occurred will notify his/her immediate supervisor or another administrator immediately.
All employees are assured that no retaliation of any kind is permitted against any employee for complaints or concerns brought forward in good faith. No employee will be adversely affected because the employee refuses to carry out a directive which would aid or assist in fraud or unethical conduct covered by this policy, or which would enable or contribute to a violation of law.
It is a violation of this policy to retaliate against or penalize any individual for reporting in good faith a violation of this policy or for cooperating, giving testimony, or participating in an investigation, audit, proceeding or hearing related to this policy. Appropriate disciplinary action up to and including discharge will be taken against those found retaliating against the employee.
 Family for the purpose of this policy is defined as: spouse, domestic partner, mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step family, grandparent and legal guardian or other person who stands in place of a parent.
4.02 Notice of Outside Employment4.02 Notice of Outside Employment
Title: Notice of Outside Employment
Number: AP 4.02
Adopted: March 1995
Reviewed: June 2018
Revised: August 2012
Full-time staff should consider Nicolet College as their primary employer. This policy does not prevent an employee from accepting outside employment or self-employment that does not interfere or conflict with College duties. Employees must notify the College of outside employment to ensure no conflict exists with performance of Nicolet College job duties.
To ensure that there is no conflict of interest, employees should consult with their supervisor, and submit the Notice of Outside Employment.
4.03 Pre-employment Criminal Background Check4.03 Pre-employment Criminal Background Check
Title: Pre-employment Criminal Background Check
Number: AP 4.03
Adopted: April 2006
Reviewed: June 2018
Revised: March 2017
Offers of employment will be made contingent upon successful completion of a background check. Human Resources will review all local, state, county, and federal criminal history information as appropriate.
The College does not discriminate against applicants for employment on the basis of arrest, pending criminal charge, or conviction record. Although a disqualification on the basis of a pending criminal charge or conviction record is possible (in accordance with federal and state laws), a previous conviction does not automatically disqualify an applicant from consideration for employment. Depending on a variety of factors (e.g., the nature of the position, the nature of the conviction, or the time elapsed since the illegal activity occurred) the applicant may still be eligible for employment.
A pending criminal charge or a conviction record that is determined to be substantially related to a position for which an applicant is being considered will preclude the College from hiring the individual. In addition, if an applicant attempts to withhold information or falsify information pertaining to previous convictions, they will be disqualified from further consideration for any position. If employment is denied based on the findings of the background check, the applicant has the right to be informed of the reason.
The applicant will be required to complete a release form to authorize the College to conduct the background check. Refusal to complete the form will disqualify the applicant from consideration for the position.
Except as authorized by the individual in writing, or as required by law, information gathered will be disclosed only to College staff with a business need to know.
4.04 Family and Medical Leave4.04 Family and Medical Leave
Title: Family and Medical Leave
Number: AP 4.04
Adopted: May 2007
Reviewed: June 2018
Revised: June 2018
Nicolet College complies with the state of Wisconsin and the federal Family and Medical Leave laws. All employees must consult with the Director of Human Resources or designee before going on Family and Medical Leave, or as soon as possible if due to an emergency or unforeseeable circumstance. Taking leave under this policy will not be used against an employee in any employment decisions including the determination of raises or discipline.
There may be times when an employee uses leave provided by the College which will qualify as Family and Medical Leave even though the employee has not specifically applied for Family and Medical Leave. The College has the right to designate such absences as Family and Medical Leave if the contractual leave used is no more restrictive than that provided by law. If an employee’s absence is designated as Family and Medical Leave, they will be contacted by the Director of Human Resources or designee.
Federal: An employee is eligible for federal Family and Medical Leave if he/she has worked for Nicolet College for at least 12 months and at least 1,250 hours within the previous 12-month period. The federal Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid, job-protected leave during any 12-month period to eligible employees for the employee’s own serious health condition; the serious health condition of an employee’s spouse, dependent child, or parent; the birth, adoption, or foster placement of a child with the employee; or for a qualifying exigency, as described below. The employee will be required to use available sick leave during federal FMLA before any time can be taken unpaid. However, the employee may also choose to substitute available vacation or personal leave for sick or unpaid leave.
Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
In addition, eligible employees may take up to 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.”
State: An employee is eligible for Wisconsin Family and Medical Leave (WI FML) if the employee has been on the Nicolet College payroll for 52 consecutive weeks, and has worked at least 1,000 hours in the preceding 52-week period. Employees eligible for WI FML may take up to two weeks of leave for the employee’s own serious health condition; two weeks for the serious health condition of an employee’s spouse, domestic partner, dependent child, parent or parent-in-law , domestic partner or domestic partner's parent if legal requirements are met; and six weeks for the birth or adoption of the employee’s child. Under WI FML employees may not take more than eight weeks of leave in a calendar year for any combination of the above entitled leave. The employee may choose to substitute available vacation, sick, or personal leave for unpaid leave.
Intermittent Leave or Reduced Leave Schedule
FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. Intermittent leave may or may not be regularly scheduled. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday. Employees must give a 30-day notice for intermittent FMLA leave that is foreseeable, or as much notice as practicable if it is not possible to give a 30-day notice. If the need for intermittent FMLA leave is unforeseeable, the employee must give notice as soon as practicable. If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, then the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the College. An employee may request intermittent FMLA for the birth or adoption of a child. However, such requests may not be granted in all instances.
Notice and Certification
Nicolet administers its 12-month period for the federal FMLA on a rolling backward schedule (12 months measured backwards from the date of any FMLA usage). WI FML entitlement runs on a calendar year. Leave which qualifies under both the federal and state FMLA is to be used simultaneously. An employee wishing to take FMLA leave must notify Human Resources, who will determine the employee’s eligibility and provide the employee with the necessary paperwork. When the leave of absence is foreseeable, the College requests employees give a 30-day notice. If it is not possible to give a 30-day notice, the employee must give notice as soon as practicable.
The College may require medical certification to support a request for leave due to a serious health condition, and may require second or third opinions (at the expense of the College). In cases of an employee’s serious medical condition, a return-to-work document signed by the physician or health care provider will be required before an employee may return to work.
It is not necessary for an employee to disclose the nature of their “serious health condition” to their supervisor or to the Director of Human Resources or designee. Medical certification from the employee’s health care provider will serve to confirm his/her eligibility for medical leave. However, any information an employee provides will remain confidential.
Benefits during Leave
During FMLA leave, an employee’s group health benefits will be maintained, provided that the employee continues to pay the required employee premium contributions during the leave. If a required employee contribution is more than 30 days late, the employee’s health care coverage will terminate. Additional information regarding premium payments will be provided by Human Resources upon an employee’s request for leave.
Return to Work
An employee returning from FMLA leave is entitled to be reinstated to the employee’s prior position, or if that position is no longer available, an equivalent position with the same pay, benefits, and other terms and conditions of employment. Employees’ benefits will be reinstated after FMLA leave as though a leave had not been taken. If an employee wishes to return to work before the leave was to end, the employee must notify Human Resources at least two days prior to the desired return date. In the case of a serious medical condition, a return to work form signed by the employee’s physician or health care provider is required.
Failure to Return after FMLA Leave
If an employee, without approval from the Director of Human Resources, does not return from FMLA leave on the day indicated on the original application or in any approved change of that date, the employee will be considered to have voluntarily resigned from employment with the College as of the day on which the employee’s FMLA was to end. In the event this occurs, the College reserves the right to collect from the employee any employer-paid benefits payments made while the employee was on leave, unless the employee’s failure to return to work is due to circumstances outside of the employee’s control (e.g., the continued serious health condition prevents returning to work)
Failure to Meet Policy Requirements
If an employee fails to meet the requirements laid out in this policy, the request for FMLA may be denied or delayed until the requirements are met.
All campus buildings have posted information on Wisconsin and federal laws. Contact Human Resources for additional information.
4.06 Employees with Pending Criminal Charges or a Conviction Record4.06 Employees with Pending Criminal Charges or a Conviction Record
Title: Employees with Pending Criminal Charges or a Conviction Record
Number: AP 4.06
Adopted: April 2006
Reviewed: June 2018
Revised: August 2012
In accordance with federal and state laws, Nicolet College does not discriminate against employees on the basis of arrest or conviction record. However, criminal charges and/or a conviction record that is determined to be substantially related to a particular position held by an employee will require the College to take appropriate action.
If an employee is arrested and/or charged with a criminal offense, the employee must notify the Director of Human Resources within 48 hours or as soon as practicable thereafter. Failure to do so will result in appropriate disciplinary action up to and including termination.
If an employee is convicted of a criminal charge, the employee must notify the Director of Human Resources within five (5) days after the conviction. Failure to provide this notification in the required timeline will result in appropriate disciplinary action up to and including termination.
4.07 Children in the Workplace4.07 Children in the Workplace
Title: Children in the Workplace
Number: AP 4.07
Adopted: November 2016
Nicolet College values family life and has worked to develop policies and benefits that seek to provide a supportive work/family environment. While we seek to provide an environment open to work and family issues, the College cannot allow the continued or reoccurring presence of children (defined as persons below the age of sixteen years old) in the workplace for the following reasons: (1) the potential interruption of work; (2) health and safety concerns; and (3) liability to the College.
Children are welcome on campus when the purpose of their visit is to attend classes or to participate in college sanctioned activities specifically scheduled and designed for their benefit. Additionally, children may be brought to the workplace by parent employees for other exceptional times when common sense would dictate that it is more efficient for the employee to bring the child into the workplace (e.g., before or following a physician’s appointment if the child is not contagious). The parent employee must supervise the child on such visits and ensure that they are not disruptive to other employees in the work place. During these visits, children must not be left unattended or with other employees.
It is not appropriate for children to be in the workplace on a regular basis, including after school or school holidays. Any child with an illness that prevents the child from going to a childcare facility or from attending school should not be brought to the workplace. No child with an infectious disease should be brought to the workplace under any circumstances. If employees must attend to their children, and short term childcare cannot be arranged, employees should take sick or other available leave time, as appropriate per College policy, to accommodate their children during working hours.
Employees who bring children to the workplace are responsible for all aspects of the child’s behavior. The employee is responsible for the child’s safety and is financially responsible for any damages caused by the child. The College does not accept liability for injuries to children on College premises in violation of this policy.
The department’s supervisor may direct the employee to remove the child from the workplace at any time if the supervisor determines that this policy has been violated or that a child’s presence negatively impacts College interests.
Questions regarding children in the workplace must be directed to your supervisor or Human Resources.
4.08 Children on Campus4.08 Children on Campus
Title: Children on Campus
Number: AP 4.08
Adopted: November 2016
To protect the safety of young visitors and to avoid disruptive behavior, children accompanying students, or visitors of Nicolet College must be under the constant supervision of a responsible adult while on Nicolet College property or on the site of any approved off-campus class or other Nicolet College event. Employees of the College have assigned duties and cannot take supervisory responsibility for any unattended children of a student, fellow employees, or visitors. Children should not be unattended in any College facility at any time.
The College assumes no responsibility or liability for children, nor for any accidents or injuries to children. For the purposes of this policy, a child is defined as any youth under the age of 16 who is not officially registered in a Nicolet College program.
Students are expected to arrange for their personal childcare while participating in a Nicolet College program. Children are not permitted in classrooms. Exceptions may be granted, for a limited period of time, by obtaining prior approval from the faculty member responsible for the class. Children are not allowed in high-risk areas under any circumstances.
No child shall be left unattended on the Nicolet College campus, including in buildings, on campus grounds, or in a vehicle. Nor should a child be left with a College employee unless that child is participating in an authorized program of the College.
If an unattended child is observed on campus, the Nicolet College employee observing the child should attempt to obtain the child’s name and then report the situation immediately to Nicolet College Security. Security will attempt to locate the child’s parent, legal guardian, or caregiver to remedy the situation. If the parent, legal guardian, or caregiver cannot be found in a reasonable amount of time, security may refer the situation to the Department of Social Services or other appropriate agencies.
4.09 Consensual Relationships4.09 Consensual Relationships
Title: Consensual Relationships
Number: AP 4.09
Adopted: August 2017
Reviewed: June 2018
Consensual amorous or sexual relationships between a supervisor and an employee or between employee and students at Nicolet Area Technical College (“Nicolet College”) may result in claims of sexual harassment, even when both parties appear to have consented to the relationship. The power differential inherent in such relationships may compromise an employee or student’s free choice. When those in authority abuse or appear to abuse their power in a relationship, trust and respect in the Nicolet College community are diminished. Moreover, others who believe they are treated or evaluated unfairly because of such a relationship may make claims of favoritism, discrimination, and/or harassment.
Therefore, it is a violation of this policy if employees become involved in amorous or sexual relationships with students who are enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. No employee shall become involved in an amorous relationship, consensual or otherwise, with a student for whom that person currently has College related responsibility including but not limited to, teaching, counseling, advising, coaching, or supervision.
Additionally, it is a violation of this policy for a supervisor and a directly reporting employee to have a consensual amorous or sexual relationship with each other. In cases in which a consensual sexual or amorous relationship exists or develops between a supervisor and a directly reporting employee, it is the obligation of the supervisor to disclose the relationship immediately to their supervisor, who will contact Human Resources for assistance in how to avoid an appearance of impropriety and a potential conflict of interest.
In all cases in which an amorous or sexual relationship exists or develops, it is the obligation of the employee whose college position carries the presumption of greater power to disclose the relationship immediately to the appropriate supervisor, who will contact Human Resources for assistance in avoiding an appearance of impropriety and a potential conflict of interest.
4.10 Non-Instructional Employee as Adjunct4.10 Non-Instructional Employee as Adjunct
Title: Non-Instructional Employee as Adjunct
Number: AP 4.10
Adopted: July 1, 2018
Nicolet College seeks to place skilled and qualified instructors who will provide the maximum benefit to students in all courses.
In general, full-time faculty are the College's first choice in filling teaching needs. Adjunct (temporary, part-time) instructors provide additional instructional capacity and/or special qualifications and experience as may be necessary. Non-instructional College employees may also be offered teaching opportunities when doing so will provide the maximum benefit to students. In addition, the College believes its current employees should have the same opportunity to serve as adjunct instructors as do non-employees.
Non-instructional employees must have the approval of their supervisor to accept adjunct teaching assignments. Approval or disapproval will be based on the expectation that employees who serve as adjunct instructors will continue to be responsible for all aspects of their regular jobs or are able to re-prioritize some work to accommodate the time demands of teaching. Supervisors will not approve adjunct teaching assignments when they have reason to believe that conflicts or potential conflicts with the employee's regular work are likely to arise.
Employee Pay for Adjunct Assignments
Non-instructional employees fall into two categories: exempt and non-exempt status.
Exempt employees whose adjunct teaching assignment does not interfere with their regular job or current responsibilities and is over and beyond their regular work hours will be paid on an incremental scale based on credits or assignment. When all or part of the teaching assignment falls within regular work hours, employees may, with supervisor approval, take paid time off for their adjunct work or elect to provide instruction as part of their regular duties and receive no extra pay.
Non-Exempt employees will be paid for an adjunct teaching assignment at their current hourly rate. Pay for an assignment over 40 hours in a week will require the pay to be based on time and a half.
4.11 Remote Work Policy4.11 Remote Work Policy
Title: Remote Work Policy
Number: AP 4.11
Adopted: December 2018
Nicolet College offers the possibility of working remotely to employees whose work can be seamlessly performed at locations other than workspaces provided by the College. A remote work arrangement allows an employee to work either part or all of the workweek without being physically present on campus if approved by his or her supervisor.
Supervisors (in consultation with Human Resources), are authorized to approve remote work arrangements with agreement from the appropriate member of the Executive Leadership Team. Employees must complete the Remote Work Request form (add hyperlink) and submit the form to their supervisor. The employee and supervisor meet to discuss the request. If approved, job expectations and responsibilities will be clarified, and methods of communications by the remote worker should be established with co-workers.
Full-time regular exempt and non-exempt employees may be eligible for consideration for remote work after successful completion of a 6-month probationary period.
In addition to holding a position with responsibilities appropriate for remote work, employees must have the discipline and the ability to demonstrate success in a remote work arrangement.
Employees who are in corrective action (discipline) status and/or have an active Performance Improvement Plan will have eligibility determined on a case-by-case basis.
Prior approval to work remotely may be forfeited by employees who become subject to corrective action and/or who are placed on a Performance Improvement Plan.
Remote work does not change the terms or conditions of employment or required compliance with College policies, procedures and/or work rules.
Tax and other legal implications may be incurred for business use of the employee’s home based on IRS and state and local government restrictions. Responsibility for fulfilling all obligations in this area rests solely on the employee.
Employees are responsible to ensure an ergonomically appropriate and safe work environment.
Hours Worked/Time Reporting
Non-exempt, hourly employees will be required to record all hours worked in accordance with College policy. For hourly, non-exempt employees, hours worked in excess, or outside of normal scheduled hours will require advance approval of the supervisor. All employees must use the appropriate leave benefit for time away from work.
Remote Work and Personal or Family Obligations
Employees are required to maintain a professional work environment when working remotely. An accepted definition of a professional work environment is maintaining the ability to communicate with internal/external customers and participate in conference calls without distractions or interference. Anything that might cause disruption in a remote location should be proactively addressed. Remote work arrangements are not intended to enable employees to provide care or perform other work unrelated to their employment during work time. An employee’s schedule may be modified to accommodate child, spouse, or elder care needs, but the focus of the arrangement must be on job performance.
Human Resources can suggest resources for information on how to be successful as a remote worker.
Employees working remotely are expected to ensure the protection of proprietary and confidential College, student and employee information. Steps may include use of locked file cabinets and desks, regular password maintenance, and any other appropriate measures.
In general, remote work arrangements should not create additional cost to the College. The College will not purchase or reimburse employees for the cost of an internet service provider, internet use, or phone expenses.
Workers Compensation: Injuries sustained by employees while at their home office or other remote location and in conjunction with their regular work duties are normally covered by the College’s workers compensation policy. Remote workers are responsible for notifying the College of work-related injuries or illnesses in accordance with our workers compensation procedure. In the event of an alleged work-related injury that results in an indemnity claim, the remote work location may be visited to conduct a claims investigation.
Homeowners Coverage: The College’s liability coverage does not extend to the employee’s home or other remote work location. The College may require the employee to obtain personal insurance to cover College-owned equipment (incidental business
coverage endorsement), or depending on the circumstances, the College may require payment of the value of a College asset if damaged. Employees should note that some homeowner policies do not automatically cover injuries arising out of, or relating to, the business use of the home. Employees may want to review their policies and have their homeowners/tenants liability policies endorsed to cover bodily injury and property damage to all third parties arising out of or relating to the business use of their home. For coverage questions, employees should contact their personal insurance agent.
Termination of Remote Work Agreement
The remote work agreement may be discontinued at any time at the request of either the employee or supervisor. The supervisor reserves the right to immediately suspend the arrangement in case of unanticipated circumstances regarding employee performance or operational needs.
5.0 Finance5.0 Finance
5.01 Purchasing5.01 Purchasing
Number: AP 5.01
Adopted: March 1995
Reviewed: July 2019
Revised: July 2019
All purchases shall be processed through the Nicolet College Business Office. Purchasing procedures apply to all acquisitions, rentals, leases, and contracts for services including personal and professional services. Procurement procedures for capital equipment are specified in Board Policy 3.03 Procurement.
All purchases shall be made in compliance with state statutes, Chapter TCS 6, Wis. Admin. Code and Sec. 6 of the Financial Accounting Manual (FAM).
General Purchasing Requirements
- All receipts must be a detailed list of items purchased. Receipts lacking sufficient item description will not be reimbursed or will be returned to the employee to provide detail.
- If budgets are inadequate to cover Purchase Orders and approved invoices/Payment Authorizations, Budget Transfers must be submitted to the Business Office prior to processing the purchase paperwork.
- Employees involved in purchasing are prohibited from having a financial interest in any transaction and are prohibited from receiving any gratuity or financial gain from any vendor.
- For seminar or conference registrations which must be paid prior to the event, employees must have an approved Travel Request Form and should pay registration fees with a personal credit card or College credit card, (if issued). After travel is completed, the request form and all detailed receipts should be submitted to the Business Office for reimbursement.
Purchase Requisitions/Orders and Payment Authorizations
- Purchase Requisitions/Orders must be used for all tangible items received. The appropriate Executive Leadership Team member or Director/Dean must provide prior approval for all purchases.
- Non-tangible items (e.g. memberships, dues, subscriptions, services) purchases must be authorized using the payment authorization process. The appropriate Executive Leadership Team member or Director/Dean must provide prior approval for all payment authorizations. Ongoing approved invoices/payment authorizations with the same vendor must be arranged with the Business Office prior to making the first purchase.
- Employees with appropriate approval may purchase items under $50. The employee will be reimbursed upon receipt of the appropriate documentation and detailed receipts.
- Employees may request a cash advance up to $50 for an approved purchase. The employee must sign for the advance and return all detailed receipts and change to the Business Office within five (5) business days of the purchase.
Nicolet Credit Card Usage
- College credit cards will be issued to College staff as deemed necessary by the President. Credit cards will be issued in the names of both the College and the employee or department. Distribution and use of all credit cards shall be reviewed on an annual basis by the Chief Financial Officer or at such other times as deemed appropriate for administrative reasons (e.g., when a staff member leaves the College).
- All expenditures involving the use of College credit cards are the responsibility of the individual authorized to use the credit card. College credit cards may only be used for authorized business-related expenditures; therefore, personal expenses must not be charged on College credit cards. All credit card purchases/charges will be reviewed monthly by the Chief Financial Officer for appropriateness and adherence to policy.
- Detailed credit card receipts must be submitted to the Business Office within ten (10) days of expenditure.
- Questionable credit card purchases will be investigated. Misuse of the College credit card will result in loss of credit card privileges and disciplinary action.
Non-Construction Purchases Between $10,000 and $50,000
- Supplies, services, and similar items valued between $10,000 and less than $25,000 require a minimum of two (2) written quotations.
- Supplies, services, and similar items valued between $25,000 and $50,000 require a minimum of three (3) written quotations.
Quotes and approved Purchase Requisitions must be sent to the Procurement and Financial Services Administrator prior to the purchase order being processed. If unable to obtain the required number of quotes, approval from the Procurement and Financial Services Administrator must be obtained.
Non-Construction Purchases Greater Than $50,000
Competitive Sealed Bids
Competitive sealed bids are required for purchases greater than $50,000 where:
- A complete, adequate, and realistic purchase description is available.
- Two or more responsible suppliers are willing and able to compete.
- The purchase lends itself to a firm-fixed price contract, and selection of a supplier can be made principally on the basis of price.
- All bids will be prepared by the Procurement and Financial Services Administrator with the help of the requester. The bid file, including all sealed bids, award recommendation, and the date and time the College received information, etc. will be retained in the Business Office. All bids must be opened at a public opening with at least two College employees present. The bid opening shall be held at the bid submission deadline.
Competitive Selection Request for Proposals (RFP)
- For purchases greater than $50,000, where conditions are not appropriate for the use of sealed bids, competitive selection will be used. Generally, competitive selection is used if a firm, fixed-price contract is not appropriate or when factors other than price are of primary consideration in awarding the purchase (e.g., professional services where qualifications are of primary consideration).
- The RFP document shall be prepared by the Procurement and Financial Services Administrator with the requester. Proposals shall be solicited from an adequate number of qualified sources and the RFP shall be publicized at a minimum of a Class 1 Notice in the official District newspaper or posted on the College’s designated public website. Nicolet shall provide mechanisms for the evaluation of the proposals received, determination of responsible offerors for the purpose of written or oral discussions, and selection for contract award.
- The award will be made to the qualified offeror whose proposal is most advantageous—price and other factors considered. All original documentation related to the procurement (e.g., RFP, award recommendation submitted, evaluation summaries, time and date received information) will be retained in the Business Office.
For purchases greater than $50,000, non-competitive negotiation may only be used when:
- The item or service is only available from a single source, with supporting documentation provided.
- After solicitation in a competitive purchase, competition is determined to be inadequate.
- The purchase is from another governmental body.
- Cooperative purchasing under Chapter 16.73 Wis. Stats. is utilized.
- The purchase is made through a cooperative purchasing association which has a competitive purchasing process that is substantially the same as the competitive procurement requirements applicable to the Wisconsin Technical College System (WTCS), and which have been recognized by the WTCS President. The grantor agency authorizes non-competitive negotiation. Public exigency or emergency will not permit a delay incident to competitive procurement; Nicolet may determine the procurement methodology most appropriate to the situation.
- Purchases of used equipment from a vendor who offers it for immediate sale may be purchased through non-competitive negotiations.
All paperwork regarding the non-competitive negotiation must be sent to the Business Office prior to awarding a contract and issuing a Purchase Order.
Specific Brand Name Equipment
When District employers require that potential employees be trained on a specific brand of equipment, the College is authorized to purchase that brand. The College must obtain and submit letters documenting the employers’ request with the Purchase Requisition.
As defined in Chapter 62.15 Wis. Stats., all contracts for construction projects shall be made in the name of the District and shall be executed by the District Board Chairperson and District Board Secretary. All paperwork must be forwarded to the Business Office prior to purchase order approval.
- $5,000 or less – A minimum of two (2) quotes is required.
- Greater than $5,000 but not exceeding $25,000 – Publication of a Class 1 Notice of the proposed construction is required prior to execution of the contract. A minimum of three (3) written quotations are required.
- Greater than $25,000 – Publication of a Class 2 Notice of the proposed construction is required. Sealed, written bids will be reviewed in a competitive process.
All contracts in excess of $25,000 shall contain:
- Provisions for termination by the College.
- Conditions under which the contract may be terminated for default.
- Conditions where the contract may be terminated due to circumstances beyond the control of the contractor.
- Provisions for administrative, contractual or legal remedies when contractors violates or breach contract terms.
- A provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60). For construction contracts, the threshold for compliance with this provision is $10,000.
- All contracts and approved requisitions must be forwarded to the Business Office prior to Purchase Order approval.
5.02 Disposal of District Property5.02 Disposal of District Property
Title: Disposal of District Property
Number: AP 5.02
Adopted: June 2012
Reviewed: July 2019
Revised: July 2019
When appropriate, Nicolet College will dispose of College property which is no longer useful or needed in programs or operations.
Such disposal shall conform to the following guidelines:
The President and Chief Financial Officer authorizes the Director of Facilities to dispose of all outdated and/or unneeded vehicles, equipment, supplies, and other goods and materials.
Items no longer useful or needed can be disposed of in any of the following ways:
- Sale Trade Salvage (to an external organization if components are not useful in other College programs)
- Discard (if no market value or salvage potential exists)
All computers (laptops, workstations, and servers), smart phones, and portable storage devices such as external hard drives and flash media used to store College operational or confidential data, regardless of their value, must be reformatted according to industry standards prior to disposal.
The following procedures must be followed for all items:
Gain appropriate authorization for disposal. Facilities compiles a list of items to dispose. The President, Chief Financial Officer, and Director of Facilities meet to discuss the list of items to dispose. If the fair market value is equal to or greater than $25,000, the Director of Facilities obtains approval from the Wisconsin Technical College System President prior to disposal. This state approval requirement also applies to trade-ins. Facilities disposes of property and obtains release of liability from the entity receiving the College property. Business Office applies funds accordingly. Disposal of items acquired through various federal and state programs, such as surplus property and grant funding, shall be in strict accordance with the guidelines of those programs or grants. Payment must be received before any item is released to a buyer. Asset tags are removed from all disposed items and sent to the Procurement and Financial Services Administrator. Procurement and Financial Services Administrator removes disposed items from the inventory list maintained in the Business Office.
5.03 Travel and Expense Reimbursement5.03 Travel and Expense Reimbursement
Title: Travel and Expense Reimbursement
Number: AP 5.03
Adopted: August 2005
Reviewed: June 2018
Reviewed: June 2018
Employees are ambassadors of the College and are expected to present themselves professionally while on college business, during non-work hours while traveling on college business, and in the community.
Nicolet College reimburses employees and Board members (business travelers) for reasonable, necessary, and approved expenses incurred while traveling on official College business. This policy complies with IRS Regulations and closely follows the Federal Travel Regulations.
The College Travel and Expense Reimbursement policy provides guidelines and establishes procedures for all business travelers who incur expenses while on official College business and related travel, regardless of funding source.
To safeguard the interests of the College, every effort should be made to encourage conservative use of College resources for business and travel-related expenses. Guidelines and procedures are outlined in general terms and may not cover every possible situation. Contact the Business Office for clarification as needed.
Responsibilities and Compliance
Employees and Board members (business travelers)
Business travelers should spend College funds prudently. Business travel expenses will be paid by the College only if reasonable, necessary, and approved in accordance with this policy.
Each business traveler should be familiar with this policy prior to travel to ensure that expenses will be reimbursable. The business traveler is responsible for submitting to the Business Office all forms and detailed receipts related to their travel.
Accountability and Authorization
Administrators are accountable for use of College funds and must verify that all travel is budgeted and expenditures are charged to the proper account(s). The Employee Expense Reimbursement form must be approved by an Administrator for employees and the President’s office for Board members. All out-of-state travel requires approval of the President or Chief Financial Officer, and out-of-state travel arrangements should be made only after approval has been received.
After completion of travel, signed reimbursement requests must have detailed receipts attached and should be submitted to the Business Office as soon as possible, but no later than 30 days after trip completion.
Travel advances must be approved by the appropriate Executive Leadership Team member or Director/Dean.
Business Travel Planning
While there are several acceptable methods of business transportation (air travel, public transportation, rental vehicle, personal vehicle, or college vehicle), business travelers are expected to use the most cost-effective transportation available.
Original detailed receipts are required for all expenses except for meals, which are reimbursed on a per diem basis. The College expects that a good faith effort will be made by business travelers to collect and retain all required receipts. It is strongly suggested that travelers keep copies of submitted receipts for their own files. If a receipt is lost or unable to be obtained, a detailed explanation of the expense is required.
Types of Reimbursed Expenses
The College will reimburse meal expenses incurred during official business travel at GSA (U.S. General Services Administration) rates. Meals are not reimbursable if already provided as part of a seminar, conference, and/or meeting fee.
In-district meals will be reimbursable when the meal expense is incurred in the performance of District responsibilities and has been pre-approved by the appropriate Executive Leadership Team member or Director/Dean.
Meal reimbursement will be allowed as follows:
Breakfast – must leave home before 6:00 am
Lunch – departure must be before 10:30 am and return after 2:30 pm
Dinner – return must be after 7:00 pm
In the event travel extends to multiple cities and states during the same day of travel, the meal allowance for that day will be based upon the city where the business traveler spends the night.
In situations where business travel days are combined with personal travel days, reimbursement for meals will be limited to expenses incurred on days of official business. Travel days should be calculated as if the personal travel did not exist.
When two or more persons are traveling and dine together, each business traveler is eligible for a per diem and will be reimbursed accordingly regardless of whether they get a single check and one person pays. In those situations, business travelers should settle-up with each other in cash and each claim their own per diem upon returning from their trip.
If an overnight stay is not involved, reimbursed meals are taxable to the employee, per IRS regulations. If an employee pays for another person’s taxable meal, the payer will be taxed for the full amount that they are reimbursed, per IRS regulations. To avoid this situation, all business travelers should pay separately and be reimbursed for their own meals.
Out of state meals must follow GSA per meal guidelines. Incidental amounts listed under the GSA guidelines are not reimbursable (i.e., baggage tips, between meal snacks and beverages).
Business travelers must make their own lodging arrangements unless informed otherwise. The choice of lodging shall be based on cost with consideration given to accessibility in conducting business. Detailed receipts for lodging are always required.
Nicolet College is exempt from sales tax in the state of Wisconsin. Business travelers incurring lodging expenses within the state should ask the hotel what identification or documentation is necessary for tax exemption and state rates, and be prepared to provide it. Tax Exempt Cards are available at the Business Office. Hotels may require the room to be booked under the College name along with the individual’s name.
When making lodging arrangements, business travelers should request the state rate, government rate, or corporate discounts if available. The maximum lodging reimbursement for out-of-state travel must follow the GSA guidelines.
In the event it is necessary to change or cancel guaranteed reservations, it is the responsibility of the business traveler to cancel the reservation. The College will not reimburse any charges or fees assessed due to failure to cancel a reservation, unless there are circumstances beyond their control.
Payments to individuals for lodging at their personal homes or at the personal homes of others are not reimbursable.
Air travel should be the most direct and least costly alternative consistent with the itinerary and particular College business involved. Nicolet will pay only for coach fare.
Public transportation costs with reasonable tips will be reimbursed with a receipt. Allowable public transportation expenses are transportation to, from, and between places of business, lodging, and the airport.
Car rental is an allowable expense if authorized by the employee’s supervisor. Business travelers should use a rental vehicle when other transportation is not available or when the use of a rental car results in a cost savings. The size of the rental car should be the least expensive model consistent with the number of business travelers traveling together and the business requirements of the trip. Actual expenses of a car rental will be reimbursed with a detailed receipt.
Business travelers may use college vehicles for official business travel when necessary and cost effective. Fuel expenses shall be reimbursed. Refer to AP 6.03 Use of College and Personal Vehicles for more information.
Business travelers may use personal vehicles for official business travel when necessary and cost effective. Reimbursement will be at the current Wisconsin State mileage rate at State of Wisconsin Pocket Travel Guide. This mileage rate covers all transportation and operating costs of the vehicle, including depreciation, repairs, towing, gasoline, and insurance.
Business mileage calculations related to use of your personal vehicle will be from your regular base assignment or from your home, whichever is less. Requests for mileage reimbursement must include starting point, destination, and number of miles.
Business travelers who choose to use their own vehicles on a trip where air travel or other transportation method is more appropriate will be reimbursed an amount not to exceed the least expensive, logical cost to the destination. Proof of this cost must be submitted with an expense claim.
Refer to AP 6.03 Use of College and Personal Vehicles for more information.
Business travelers shall be reimbursed for telephone or internet expenses when incurred for business purposes. Charges shall be itemized. Personal telephone calls charged to the hotel bill must be deducted from the requested reimbursement or paid to the hotel directly.
Parking Fees and Tolls
Parking fees, including parking meters, are allowable expenses. Charges for parking and tolls will be reimbursed at actual cost with an original receipt.
Non-reimbursable expenditures include, but are not limited to, the following:
- Alcoholic beverages
- Spouse, family member(s) and guest travel costs
- Cancellation charges (unless justified)
- Lost or stolen cash or personal property
- Personal items (e.g. toiletries, luggage, clothing, medications, etc.)
- Traffic citations, parking tickets and other fines
- Normal commuting expenses between an employee’s home and regular base assignment
- Mileage charges incurred for personal reasons
- Repairs, towing service, etc. for personal vehicle, regardless of whether it results from the employee’s act or acts of others
- Meals included in the cost of registration fees and airfare
- Gasoline costs if mileage reimbursement is used
- Cost differential on premium and luxury car rentals or first or business class airline tickets
- Flight insurance or other supplemental travel insurance
- Amenities such as movies, health clubs or in-room bars
- Personal telephone calls
- Additional charges for late checkout
- Child care, baby-sitting, house sitting or pet sitting costs
- Magazines, books or other reading materials
5.04 Degree Pursuit5.04 Degree Pursuit
Title: Degree Pursuit
Number: AP 5.04
Adopted: August 2012
Reviewed: June 2018
Revised: March 2017
Nicolet College values education as a life-long process, and the College is supportive of advanced degree attainment. Full-time employees with satisfactory job performance and at least one year of Nicolet employment history are eligible to apply for tuition reimbursement for graduate, undergraduate, or associate degree pursuit plans taken for full credit through a nationally or regionally accredited college or university.
The availability of the budget for Degree Pursuit is decided annually as part of the College budget process.
6.0 Facilities6.0 Facilities
6.01 Facility Use6.01 Facility Use
Title: Facility Use
Number: AP 6.01
Adopted: March 1995
Reviewed: June 2018
Revised: June 2018
Nicolet College makes available its land, facilities and equipment to community groups, public agencies, other educational institutions, or the private sector at such times as they are not needed for College purposes under the following terms and conditions:
- All proposed uses will be considered on a first-come, first-served basis, and must not interfere with or disrupt planned and scheduled College use of its land, facilities, and equipment;
- All proposed uses must be consistent with the mission, values, and purposes of the College as set forth in Ch. 38.001, Wis. Stats.;
- Organizations contracting with the College are responsible for damages to land, facilities or equipment, and will be required to supply proof of insurance;
- Use of College land, buildings, or facilities making or receiving political contributions is prohibited under Ch. 11.36(3), Wis. Stats.;
- All users of College land, facilities or equipment, under any terms, are subject to College policies and must agree to comply with AP 1.07 General Public Standards of Conduct;
- Organizations contracting with the College will be required to certify (via the signed contract) that they do not discriminate against employees, enrollees, applicants, or members on the basis of race, color, creed, national origin, ancestry, religion, sex, handicap, age, marital status, sexual orientation, veterans status, or political affiliation.
Using College Facilities
The college welcomes full use of its facilities, land, and equipment by community stakeholders. Providing access to these resources incurs additional costs for the College for maintenance, cleaning, and technical support.
If College administrations determines that additional staff may be needed to provide security, custodial, theatre, or other support service functions, these costs will be charged using standard service rates.
Notification of cancellation is required. Failure to provide a 48-hour notification of cancellation may result in additional charges and may compromise future ability to use College land, facilities, and equipment.
The College reserves the right to cancel any reservation for use of its land, facilities or equipment within 30 calendar days prior to the date of the scheduled activity or at any time should the organization’s use of College land, facilities, and equipment be in direct or indirect conflict with the College’s mission, values, and purposes.
501(c)(3) Nonprofit organizations will qualify for one half off the listed rates.
Managed and Restricted Use
Nicolet College is committed to the compliance with all state laws governing the sale, service, and consumption of alcohol on its campus. If a non-college organization wishes to serve alcohol at the event, permission must be requested from the President of the College. If alcohol beverages are to be served, the organization agrees to indemnify and save harmless the College against all losses, damages or liability growing out of the organization’s failure or default in the observance of compliance with all laws regulating the sale or provision of alcoholic beverages. Groups agree to carry insurance insuring the organization and the College against claims in a sum not less than $1,000,000 for any event at which alcohol will be served.
Nicolet Area Technical College will strictly enforce the prohibition of activities that conflict – or appear to be in conflict- with federal, state, and local laws and College regulations.
Nicolet College maintains a policy on non-discrimination with respect to race, religion, gender, national origin, political affiliation, marital status, disability or sexual orientation in compliance with all federal, state, and local laws. Nicolet College reserves the right to refuse facility to use for reason outlines above or for activities that conflict with the College’s mission, values, and objectives.
6.02 Inclement Weather/College Closing6.02 Inclement Weather/College Closing
Title: Inclement Weather/College Closing
Number: AP 6.02
Adopted: March 1995
Reviewed: June 2018
Revised: February 2017
Nicolet College remains open during inclement weather as long as it is reasonably possible to conduct work. However, safety in travel is paramount. The College recognizes individuals are the best judge of their own safety when deciding whether or not to travel during inclement weather.
In the event of weather or other events which would seriously impede the functioning of the College, the President or designee will determine whether the College will close, and will inform the College community of the closing.
Notification of Closure
Once the decision to close the College is made, the Director of Facilities or designee will make the following notifications (by 5:45 am if prior to the start of the business day), including text and email notifications via RAVE Mobile Safety Mass Notification System.
|WZAW||Channel 33.1 / 33.2 / 33.3||Wausau|
|WRJO / WERL||950 AM / 94.5 FM||Eagle River|
|WHRY / WUPM||
|WJJQ||810 AM / 92.5 FM / 100.7 FM||Tomahawk|
|WRIG||1390 AM / 93.9 FM||Wausau|
|WSAU||550 AM / 99.9 FM||Wausau|
6.03 Use of College Vehicles6.03 Use of College Vehicles
Title: Use of College and Personal Vehicles
Number: AP 6.03
Adopted: March 1995
Reviewed: June 2018
Revised: May 2017
Nicolet College maintains a fleet of vehicles for use in support of its programs and educational services.
Categories of Vehicle Assignment
- Temporary – means the vehicle is assigned for a specified period of time for business use only. Fleet vehicles are available on a first-come first-served basis, and must be reserved. The College reserves the right to deny the use of a fleet vehicle if the intended use is deemed inappropriate.
- Department – means vehicles operated by a specific department. Departments which operate College-owned vehicles shall develop guidelines and checkout procedures for the use of such vehicles.
- Vehicles not licensed for road use – means vehicles used for instructional purposes only, on the College premises.
Guidelines for the Use of College Vehicles
- District Board members, College employees, and student employees over the age of 18 will be permitted to use College vehicles for approved College business.
- All drivers and passengers of motor vehicles owned, leased, or rented by the College shall wear available safety belts at all times the vehicle is in operation, and obey all applicable laws.
- All drivers of motor vehicles owned, leased or rented by the College must possess a valid driver’s license for the type of vehicle(s) the driver will be operating.
- The College reserves the right to deny use of College vehicles based on an individual’s driving record or other factors.
- Out-of-state licensed drivers using College vehicles shall be required to sign an affidavit verifying that their driving record meets the above-listed criteria.
- All drivers of College vehicles are required to complete a defensive driving course, assigned by Human Resources. Any associated fees will be paid by the College.
- Only individuals on authorized College business are permitted to travel in any College vehicle.
- The use of tobacco products, or the operation of any College vehicle or equipment while under the influence of alcohol or any illegal substance is strictly forbidden.
- Fines imposed on employees while conducting official College business are the responsibility of the employee. Motor vehicle fines resulting from faulty equipment on College vehicles will be the responsibility of the College.
- College auto insurance will be primary in the event an accident occurs while using a College vehicle for College business.
Guidelines for the Use of Personal Vehicles
While on College business, all drivers and passengers of motor vehicles not owned, leased, or rented by the College shall possess a valid driver’s license, wear available safety belts, and carry vehicle liability insurance equal to or greater than the required limits for the State of Wisconsin. Personal auto insurance will be primary in the event an accident occurs while using a personal vehicle for College business.
Motor Fuel Supplies
The College purchases motor fuel of various types for use in its automobiles, trucks, and groundskeeping vehicles. The high cost of such fuels necessitates operating procedures which provide a high degree of control and accountability.
- Responsibility for managing the use of motor fuel supplies rests with the Director of Facilities.
- Use of College purchased motor fuel is limited to College-owned or leased vehicles operating on official business.
7.0 Information Technology7.0 Information Technology
7.01 Acceptable Use of Computers and Electronic Media7.01 Acceptable Use of Computers and Electronic Media
Title: Acceptable Use of Computers and Electronic Media
Number: AP 7.01
Adopted: March 2004
Reviewed: July 2017
Revised: October 2015
Nicolet College assigns and provides access to computer equipment, computing resources, and other electronic media to support College business. Use of computer equipment, computing resources, and other electronic media is limited to the purposes for which the access was provided.
Computer equipment, computer resources and other electronic media, employee accounts and transmissions, and all data stored on College systems are College property and subject to review and open records requests. Security analysis and maintenance systems may be used to identify and monitor unauthorized use of College computing equipment, systems and resources. With appropriate authorization, Information Technology staff may access data, accounts, and transmissions for troubleshooting, maintenance, or forensic purposes.
Ethical Use of Computers and Electronic Media
Employees hold a position of trust which imposes ethical obligations on the use of College computers, resources, and other electronic media.
- Employees will act as trusted agents in accessing, generating, and/or storing printed and electronic records/documents.
- Employees will use College computers and electronic media for College-related business. Use of College computers and electronic media for commerce, lobbying, or personal monetary gain is not permitted.
- Employees will not be a party to the misuse of computers, resources, or other electronic media.
Inappropriate Use of Computers and Electronic Media
Individuals using Nicolet computers and electronic media are prohibited from accessing/retrieving, saving, viewing, printing, disseminating, or displaying information including, but not limited to:
- Discriminating, harassing, insulting, or attacking others based on race, national origin, sex, sexual orientation, age, religion, disability, or any other legally protected status.
- Derogatory, demeaning, or offensive comments to or about any individual or group.
- Defamatory or threatening comments to or about any individual or group.
- Obscene, sexually oriented, pornographic, offensive, lewd materials, comments, or jokes. Any child pornography is a violation of law and will be reported to the appropriate authorities.
- Interference with computer or electronic media use or operations.
- Accessing or using College data that is available but not relevant to one’s current position, or manipulating College data for personal reasons.
- Conducting or participating in solicitations or promotions related to commercial ventures, religious or political causes, or solicitations or promotions other than those specifically approved by the President or a Vice President.
- Theft, accessing, copying, or saving electronic files without permission.
- Downloading, saving, or sharing music, videos, pictures, etc.
- Sending chain letters.
- Engaging in communications for any purpose contrary to College policy or interests or communicating on behalf of the College without consent.
- Use of another person’s password.
- Use which incurs any unauthorized expense to College.
The list above is intended to provide examples of communications or activities which are contrary to this policy and purposes. This list is not meant to be all-inclusive and may be modified at any time.
System Network Access and User IDs
Employees will be issued a User ID with network and system access and security appropriate to their duties. System credentials control access to valuable information and should be protected accordingly. System passwords should not be divulged to others.
Any observed or suspected breach of this policy should be reported immediately to the supervisor, the Director of Human Resources, or the Chief Information Officer.
Disposal of Equipment
All College owned computer equipment disposals will be performed by the Information Technology department. Contact the Help Desk for guidance.
Clear Desk Clear Screen
In order to protect information that has been entrusted to the College by employees, students and the community, the College promotes a clear desk and clear screen approach. Unattended computers must be locked or logged out and any print materials or electronic media containing operational or confidential information which is not currently being used must be securely locked away.
Other Violations of Electronic Privacy
Access to electronic files, network communications, and related data is protected by various state and federal statutes. Unauthorized access to an employee’s electronic data or transmissions is prohibited and may also subject the individual to civil or criminal penalties. Examples of specifically prohibited behaviors include:
- Unauthorized access, interception, monitoring, or diversion of electronic transmissions of another employee or third party.
- Accessing clearly operational or confidential files unless specifically authorized to do so.
- Accessing confidential information about a person (e.g., education records, personal e-mail) without their consent or other authorization.
- Downloading or installing unauthorized software that does not support College business objectives.
- Disabling College anti-virus, anti-spam, or other filters.
- Breaching, testing, or monitoring computer or other electronic media security measures.
All public, operational, and confidential electronic data generated for College use must be stored on approved network locations or systems. Data should not be stored on a person’s local computer (C: Drive, Desktop or My Documents), as this area is not covered under the Enterprise Backup procedure.
Recognition of Copyrights
Employees and students must follow copyright laws. Copying proprietary software is theft and will not be tolerated. Illegally copied software subjects the College to risk of litigation and denies software authors the compensation they deserve.
Similarly, an employee must follow copyright law when using or making materials available for others to retrieve or use. In general, every document, image, or sound is covered by copyright upon creation and may only be used or redistributed with the permission of the copyright holder.
Exceptions to this policy must have prior authorization from the President or designee. Any violations of this policy may result in disciplinary action up to and including termination of employment.
7.02 Student E-mail7.02 Student E-mail
Title: Student Email
Number: AP 7.02
Adopted: March 1995
Reviewed: June 2017
Revised: June 2017
E-mail is an official method for faculty, staff, and student communication. Students receive an official Nicolet College e-mail address during the application/registration process. The College e-mail address is designated as the official communication vehicle to provide information to students regarding registration for classes, business transactions, advising, campus activities, and other information needed to enhance the college experience.
Guidelines for Student E-mail Accounts
- A user guide will be provided for basic e-mail accounts.
- E-mail message filtering support will be available, either automatically or user-selectable.
- Accounts will automatically be removed after two consecutive terms of no class activity.
- Account properties are as follows:
- E-mail addresses are generated using the following algorithm:
- E-mail address cannot be less than three characters
- First Name initial + Middle initial + Last name
- In the event of a duplicate, an integer will be added to the username
Expectations Regarding Student Use of E-mail
E-mail messages sent by faculty and staff to students are considered official communication. Students are expected to check their Nicolet College official e-mail account frequently in order to remain informed of College-related communications. Since faculty and instructional academic staff determine how e-mail is used in their classes, they can require students to check their e-mail on a specific schedule.
Appropriate Use of Student E-mail
E-mail is not appropriate for transmitting sensitive or confidential information. All use of e-mail will also be consistent with local, state, and federal law, including the Family Educational Rights and Privacy Act (FERPA).
Student e-mail use is subject to AP 7.01 Acceptable Use of Computers and Electronic Media and AP 1.06 Students Standards of Conduct.
7.03 Copyright Infringement7.03 Copyright Infringement
Title: Copyright Infringement
Number: AP 7.03
Adopted: December 2017
It is the policy of Nicolet College to comply with the United States Copyright Law of 1976, as amended (Title 17, United States Code). Thus, all faculty, staff, and students of Nicolet College are required to respect the proprietary rights of owners of copyrights and refrain from actions that infringe the rights of copyright owners.
The penalties for violation of United States copyright law can be severe. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, access costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
Employees and students may be personally responsible for the defense of a civil action for copyright infringement. In addition, members of the college who willfully violate this Policy are subject to disciplinary action by the college up to and including termination/expulsion, consistent with established college disciplinary procedures.
Nicolet College believes very strongly in promoting compliance with United States copyright laws and protecting the intellectual property interests of copyright owners. We are committed to educating our students and employees as to the importance of copyright compliance and the penalties associated with committing copyright infringement. All students and employees of Nicolet College are responsible for reviewing, understanding and complying with United States copyright laws. Information on such laws is available from the U.S. Copyright Office at:
Nicolet College is also in compliance with the Digital Millennium Copyright Act of 1998 (DMCA). The following policies and procedures have been adopted to ensure that Nicolet College remains in compliance with the DMCA:
- We will promptly investigate any complaints properly made pursuant to the DMCA by copyright owners regarding allegedly infringing activity by any student or employee of Nicolet College.
- We will notify the allegedly infringing user of the complaint by forwarding the complaint to the user and discussing the matter in person with the user. We will inform the user that such allegations, if true, constitute a violation of United States copyright laws.
- If we believe that the activity violates any applicable law, we will expeditiously take down or block access to any infringing material and/or require the student or college employee to permanently delete any infringing material from his or her computer hard drive and any other place in which such infringing material resides, and confirm in writing that such deletion has occurred.
- We will temporarily block the user's access to the college network.
- Upon the second occurrence by a user of any activity or activities that Nicolet College believes violates any applicable law, we will permanently block such user's access to the college network.
In addition, in order for Nicolet College to remain in compliance with the DMCA, its faculty or adjunct faculty members may not require, recommend, or make available online course materials that infringe on a copyright owner's interest.
If an allegedly infringing user wishes to dispute the copyright owner's claim, the user must, within 72 hours, respond to Nicolet College with a statement containing the following information:
- Name, address, and phone number of the allegedly infringing user
- Identification of the material in dispute
- Statement that the allegedly infringing user has a good faith belief that either (i) the material is not, and never was, in the user's possession or located on any property owned or used by the user, or (ii) the material was mistakenly identified as infringing on the copyright
- A physical or electronic signature of the allegedly infringing user
Upon receiving this statement, we will immediately forward it to the copyright owner who submitted the complaint, and we will consider the matter resolved unless we hear otherwise from the copyright owner. We will attempt to resolve all disputes within 10 days after receiving the complaint.
Additional information regarding the Digital Millennium Copyright Act may be found at http://lcweb.loc.gov/copyright/circs/circ1a.html.
Information for Copyright Owners
If you are a copyright owner and are concerned that material viewed on our website may violate your rights under United States copyright law under the DMCA, please contact ("Nicolet College's Designated Agent to Receive Notification of Claimed Infringement"), Nicolet College, 5364 College Drive, Box 518, Rhinelander WI, 54501; telephone number 715-365-4615. Please provide the following information:
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that your claim has been infringed upon;
- Description and web link of where the alleged infringing material is located on the college website;
- Your address, telephone number and e-mail address;
- Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
8.0 Public Relations8.0 Public Relations
8.01 Publications, Promotional Materials, and Publicity8.01 Publications, Promotional Materials, and Publicity
Title: Publications, Promotional Materials, and Publicity
Number: AP 8.01
Adopted: March 1995
Reviewed: March 2018
Revised: March 2018
Nicolet College strives to effectively communicate with all of our audiences. This may include distribution of releases and images to media, postings on websites or social media, advertising, and publications (such as posters, brochures, newsletters, postcards, reports), or other promotional materials for internal-external audiences. The Executive Director, working with the Communications team, is responsible for reviewing and coordinating all materials.
Employees must seek permission from their supervisor to speak to the media, outside groups, and other organizations on behalf of the College. The supervisor will secure appropriate approvals. If and when an employee makes such presentations, the employee may not claim that they are representing the College unless authorized to do so.
Publications and Promotional Materials
Members of the College community must work with the Communications team in developing any publications or promotional materials for Nicolet College. Final drafts of documents must be approved in writing by the appropriate administrator and the Communications team prior to printing or distribution. The approval process will promote:
• Consistent use of the College visual identity
• Consistent use of key messages and content
• Consistent style and use of terminology
• Equal opportunity and diversity
• Best use of College resources
When requesting production of publications or other promotional materials, staff must use a Request for Promotion form.
Final drafts of documents must be approved in writing by the appropriate administrator prior to printing or distribution.
The Communications team maintains ongoing contacts with area and state news media. When staff members have news to publicize, they must use the Request for Publicity form. The Communications team will draft releases, submit to the appropriate administrator for approval, and distribute approved copy to the media.
Statements Made Using Electronic Media
Employees should remember that any electronic messages or information sent on College electronic accounts, applications, or resources are identifiable and attributable to the College.
The College recognizes that participation in some forums might be important to the performance of an employee's job. Because there is a connection with the College, all messages and information shared in these forums should promote College interests. Communications must not reveal confidential information and must not otherwise violate this or other College policies.
8.02 Campus Solicitation8.02 Campus Solicitation
Title: Campus Solicitation
Number: AP 8.02
Adopted: June 2006
Reviewed: June 2018
Revised: August 2012
Individuals on College property are prohibited from soliciting for the purpose of selling goods or services for personal, business, or commercial gain. Only authorized vendors may solicit sales or pursue purchases of any products or services.
Employees are prohibited from participating in any form of solicitation during work hours.
Recognized student clubs may conduct fundraising activities in accordance with student activity guidelines.
Exemptions to this policy can be granted only by the College President or designee.
8.03 Bulletin Board Posting8.03 Bulletin Board Posting
Title: Bulletin Board Posting
Number: AP 8.03
Adopted: August 1996
Reviewed: June 2018
Revised: August 2012
The College has two types of bulletin boards: Public and College.
On public bulletin boards, all items should be dated, and will be removed monthly. If the item is for an event, it will be removed after one month or immediately after the event has occurred. The College reserves the right to remove items from public bulletin boards.
College bulletin boards are located in each building and are used to communicate official government and College information. Examples may include information on:
- Equal employment opportunity, wage and hour, health and safety, and other issues;
- College policies;
- College business announcements such as job postings benefit programs, and events.
Informational items may only be posted on public bulletin boards. Items affixed to other surfaces (woodwork, windows, doors, etc.) will be removed daily, with the exception of office areas.