Title: Mission Statement
Number: BP 1.01
Adopted: March 2012
Reviewed: February 2020
Revised:

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.

Title: Vision Statement
Number: BP 1.02
Adopted: March 2012
Reviewed: February 2020
Revised:

To be a model college recognized for educational excellence and valued as a vital resource by the people of Northern Wisconsin.

Title: Values
Number: BP 1.03
Adopted: March 2012
Reviewed: February 2020
Revised:

• 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.

Title: Core Abilities
Number: BP 1.05
Adopted: March 2012
Reviewed: February 2020
Revised:

Nicolet College has identified a set of core abilities central to a person’s future success.  They are incorporated into educational programs to enhance our students’ 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.

Build Community

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.

Communicate Effectively

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.

Live Ethically

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.

Title: Policy Adoption
Number: BP 2.01
Adopted: March 2001
Reviewed: November 2015
Revised: November 2015

The Nicolet Area Technical College District Board of Trustees (Board) provides leadership, guidance, and direction for the governance of the College.  Only policies relating to governance, fiscal responsibility, equal opportunity, and safety and security are the responsibility of the Board.  The Board policies shall require a majority of the Board membership for adoption.  The formal adoption of the policies shall be recorded in Board minutes.

The Board delegates the following Board responsibilities to the College:

• Apply for and spend grant funds from the Wisconsin Technical College System Board.
• Establish the handling and reporting requirements of State Aids consistent with s. 38.28, Wis. Stats.
• Oversee the sale of articles manufactured by the College at market value.
• Maintain accreditation.
• Establish admission requirements consistent with s. 38.22, Wis. Stats.
• Coordinate, with the Department of Public Instruction and local school boards, the responsibility for providing technical training to pupils attending high school and for providing education to persons who have dropped out of high school.
• Adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on College property or at a College sponsored event, that constitutes a violation of ch. 961, Wis. Stats., controlled substances.
• Develop and sign 38.14 contracts to provide educational and technical assistance services.
• Ensure compliance with qualifications of educational employees consistent with state and local Faculty Quality Assurance Standards and other applicable certification requirements.

Pursuant to Wis. Stats. § 38.12(2) and Board Policy 3.01 College Budget Process and Fiscal Accountability, the Board Treasurer shall be responsible for the receipt of all public funds of the District and is accountable for such funds.  Although the Treasurer must maintain responsibility for these funds, he or she delegates their custody to the President of the College.

As defined in Wis. Stats. § 66.0603(2), a technical college District may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state.

Title: Delegation of Authority to the President
Number: BP 2.02
Adopted: May 1992
Reviewed: November 2015
Revised: November 2015

The Nicolet Area Technical College District Board of Trustees appoints the President as Chief Executive Officer of the College, and directs the President to develop and implement administrative policies and procedures which advance the mission of the College.  The Board will instruct the President through written Board policies delegating implementation to the President.

The President is responsible for College personnel and assurance of their requisite qualifications, the College budget, including procurement of goods and services, and receipt, disbursement and investment of funds, for the physical assets of the College, and for delivery of education and other services in support of the College mission.  In order to effectively fulfill these duties, the President may delegate responsibilities and authorities to others.

General Guidelines:

The President is authorized to establish and implement administrative policies and procedures.

The Board will limit the latitude the President may take as cited in the General Executive Responsibilities and Expectations.

•     The Board will respect and support the President's decisions under the General Executive Responsibilities and Expectations section, but may change said policy as it deems necessary and appropriate.

•     The Board will act as a collective body and individual Board members may not direct the President except when the full Board has specifically authorized such direction.

•     The President shall request a waiver of a Board policy if the President believes a waiver is in the best interest of the College.

President's Responsibilities:

The President is:

•     The Chief Executive Officer of the College;

•     The Board's single official link with the College as an organization; and

•     Accountable to the Board acting as a collective body.

General Executive Responsibilities and Expectations:

The President shall act in an exemplary manner consistent with Board policies and with those practices, activities, decisions, and organizational circumstances which are legal, reasonable, prudent, and ethical.

1.   Provide leadership and direction so that the organization continuously and effectively follows Board policy, pursues the mission and the vision of the institution, and reflects its values.

2.   Provide leadership and direction so that College operations adhere to Board policies.

3.   Accomplish the responsibilities set forth in the President's position description

4.   Achieve annual goals and objectives as established jointly by the Board and President.

5.   Represent the College to the general public and all its diverse constituencies.

6.   The President shall ensure fiscal integrity, legal compliance, and market competitiveness including but not limited to operational budgets, purchases, compensation and benefits.

7.   The President shall keep the Board adequately informed on all matters within the area of Board responsibility.  In addition, the President may also inform the Board of relevant trends and material external or internal matters that may impact Board operation or policy.

The Board will assess presidential performance in meeting the above responsibilities through a formal review each year.

Title: District Board of Trustees Responsibilities
Number : BP 2.03
Election of Officers        
Adopted:    May 1992
Reviewed:    March 2017
Revised:    March 2017

Role of the District Board

The Nicolet Area Technical College District Board of Trustees (Board) ensures that the College is well-managed and supports an environment in which the College will accomplish its mission. The success of the Board depends on each individual Board Trustee exercising responsibility through positive action while performing the following functions:

• Be familiar with and supportive of the College mission and vision.
• Hire and evaluate the College President.
• Be knowledgeable concerning the organization of the Wisconsin Technical College System and applicable state statutes.
• Participate effectively at Board meetings through appropriate preparation, regular attendance, active participation in Board discussions and service on ad hoc committee or other Board tasks.
• Support decisions made by Board action.
• Set an example for the College by performing duties and fulfilling responsibilities in a manner that encourages excellence in all undertakings of the College.
• Be knowledgeable concerning College programs, organization, facilities, instructional programs, budget, and key processes.
• Be familiar with major district, state, and national issues affecting the College.
• Ratify all contracts to provide educational services (training and technical assistance) via a summary report.
• Ratify collective bargaining agreements.

Many opportunities exist for professional development. Appointees and other Board Trustees are encouraged to attend quarterly meetings of the Wisconsin Technical College District Boards Association, and other professional development activities or events related to Board duties and responsibilities.

Election of Officers

Nicolet Area Technical College has a nine-member District Board of Trustees (Board) with Trustees serving three-year staggered terms. Each year, three Trustees are appointed by a committee consisting of the county board chairpersons of the counties in the Nicolet College District. Wisconsin Statutes require a District plan of representation for the Board, which must consist of two employer Trustees, two employee Trustees, three additional Trustees, one elected official who holds a state or local office, and one school district administrator. In addition, the plan of representation shall give equal consideration to the general population distribution within the District and the distribution of women and minorities within the District. District Board appointments are reviewed by the Wisconsin Technical College System Board to assure compliance with the District plan of representation and Wisconsin statutes.

The Board shall hold its annual organizational meeting on the second Monday in July, at which time it shall elect from among its Trustees a Chairperson, Vice-Chairperson, Secretary, and Treasurer, who shall be the officers of the Nicolet Area Technical College District. No person may serve as Chairperson for more than two (2) successive annual terms.

The current Chairperson will convene the annual organizational meeting in July. The current Chairperson shall conduct the election by soliciting nominations from the Trustees for officers. In order for a name to be placed in nomination for any of the above-named offices, a motion is required. The Chairperson will call for the closing of the nominations and a vote will be taken. The votes will be tallied by the President or designee, and the results announced to the full Board.

The election of officers will be conducted in the following order: Chairperson, Vice-Chairperson, Secretary, and Treasurer. A majority vote is required; and in case of a tie, votes shall be recast. In the case of two consecutive tie votes, the nominations will be reopened.

At the conclusion of the elections, the newly elected officers shall assume their duties.

Role of Chairperson

The Chairperson is elected by the Board at the annual meeting. As the elected leader of the Board, the Chairperson shall maintain the integrity of the Board's process and represent the Board to outside parties.

• The Chairperson is the only Board Trustee authorized to speak for the Board (beyond simply reporting Board decisions), other than in rare and specifically authorized instances.
• The Chairperson shall ensure the Board and individual Board Trustees act consistently with the Board's own rules and policies and those legitimately imposed upon the Board from outside the College.
• The Chairperson shall preside at Board meetings in an efficient and effective manner and shall set the general tone for each meeting through positive leadership.
• Deliberation will be fair, open, and thorough, but also efficient, timely, orderly, and to the point, utilizing the most current version of Robert's Rules of Order.
• The Chairperson will stimulate discussion among Board Trustees prior to a decision being made by majority vote.
• The Chairperson will encourage regular attendance at Board functions and other College activities.
• The Chairperson shall serve as a Trustee of the Nicolet College Foundation Board and shall assign a designee in the event that he/she is unable to attend a meeting.
• The Chairperson is responsible for the Board/President relationship and shall communicate and interact with the President. However, since the President is responsible to the entire Board, the Chairperson has no authority to unilaterally supervise or direct the President.
• The Chairperson shall ensure that other Board Trustees are informed of current and pending Board issues and processes.
• The Chairperson shall work with the College President to arrange for orientation of new Board Trustees.
• The Chairperson may appoint members of ad hoc committees, if established by the Board.
• If needed, the Chairperson shall convene the Executive Committee (Chairperson, Vice Chairperson, Secretary and Treasurer) to act as an ad-hoc committee.
• The Chairperson shall ensure compliance with all required duties imposed by law including but not limited to:
• The Chairperson, or the Chairperson's designee, shall communicate with the public as required by law with respect to providing public notice of all meetings of the Board. The Chairperson may delegate the function of providing notice, but may not delegate the responsibility.
• The Chairperson, working with legal counsel, shall prosecute all necessary legal actions in the name of the District for the recovery of damages, money, penalty, or forfeiture.
• The Chairperson shall appoint Board Trustees to represent the College in the Wisconsin Technical College District Boards Association.

Role of Vice Chairperson

The Vice Chairperson is elected by the Board.

• The Vice Chairperson shall have all of the authority and duties of the Chairperson in the absence of the Chairperson.
• The Vice Chairperson shall have other authority and duties as the Board may determine.
• The Vice Chairperson shall create an annual Board Development Plan for approval by the entire Board.

Role of Secretary

The Secretary is elected by the Board.

• The Secretary is designated as the official custodian of all official records of the District. The Secretary delegates the day-to-day maintenance of the custody of the records to the Executive Assistant to the Board, but may not delegate the responsibility.
• The Secretary shall sign official documents and contracts on behalf of the District as determined by the Board.
• The Secretary shall ensure that a record and official minutes are maintained of all meetings of the Board.
• Where a function is assigned to the clerk of a governmental unit, and the District is designated as one of such governmental units, such function shall be performed by the Secretary.
• On or before the first Monday in March for expired terms, or within thirty (30) days of the date on which a vacancy on the Board occurs, the Secretary or designee shall ensure that each member of the Appointment Committee, each governing body having a member on the Appointment Committee, and the Board, are notified of the vacancy or of terms of office which will expire during the year.
• Annually by October 31 of each year, or within ten (10) days after receipt of the equalized valuations from the Department of Revenue, whichever is later, the Secretary shall ensure that a certified statement showing the amount of the levy and the proportionate amount of the tax to be spread upon the tax rolls for collection in each city, village, and town is filed with the clerk of each city, village, and town, any part of which is located in the District.
• In the absence of both the Chairperson and the Vice Chairperson, the Secretary shall call the Board meeting to order and shall serve as Chairperson while the Board elects a Chairperson Pro Tempore.

 

Role of Treasurer

The Treasurer is elected by the Board.

• The Treasurer shall be responsible for the receipt of all public funds. Day-to-day management of the College budget including procurement of goods and services, and receipt, disbursement and investment of funds shall be delegated to the President of the College.
• The Treasurer shall oversee the District Board’s annual operating budget.

Role of District Board Committee

The District Board shall operate as a committee of the whole.

• The Board may establish ad hoc committees when, in the judgment of the Board, such ad hoc committees are appropriate and required for the completion of a specific project or task. When such ad hoc committees are formed, the Board shall approve a statement of the committee's charge as well as a time-line for the completion of the committee's work.
• The Chairperson shall appoint the members of the ad hoc committees and name the committee's chair from among its members. When appropriate to the committee's task, its members may include persons from the staff or from the community.
• It is the responsibility of ad hoc committees to complete the assigned task and to prepare a written report or to deliver an oral report to the full Board. When this task is completed, the committee shall be discharged.
• Ad hoc committees do not exercise control or authority over the President or the staff.
• Ad hoc committees have no independent authority or power to act in lieu of the Board, except when formally given such authority for specific and time-limited purposes.

Title: Code of Ethics
Number: BP 2.04
Adopted: April 1989
Reviewed: September 2015
Revised: March 2012

Each Trustee of the Nicolet Area Technical College District Board of Trustees (Board) is an appointed representative of the entire District.  The Trustees’ obligations, as a group, are both legal and ethical.  Each Trustee promises to carry out his/her duties with the very highest ethical conduct, and to carry out the Board’s requirements under the applicable education code provisions of the State of Wisconsin and such other local, state, and federal laws as apply.  District Board Trustees:

• Assure that all actions and decisions are in the best interests of our students since this is the primary reason for the College's existence.
• Recognize that each Trustee is only one member of a team, and that all Board actions are taken as a group in such a manner that the best interests of the entire College community are advanced.
• Serve the interests of the community.  This accountability supersedes the personal interests of any Board Trustee.
• Help create and sustain an atmosphere in which controversial issues or different philosophical stances can be presented fairly and in which the dignity of each individual is maintained.
• Avoid any conflict of interest with respect to their fiduciary responsibility.
• Shall never act in excess of lawful authority or commit an act forbidden by law in the conduct of official business.
• Maintain confidentiality of privileged information and refuse to use his/her position on the Board in any way for personal gain.
• Must recognize the lack of authority of any individual Board Trustee or group of Board Trustees except as noted in Board policies, when dealing with the President, staff, public, press or other entities.
• Shall not discuss any personnel or performance issues in public.
• Shall not intentionally solicit or accept anything of value including, but not limited to, any gift, loan, favor, or services given for the purpose of influencing a decision or action in the discharge of official duties.
• Shall not vote on any matter before the Board which does or could result in personal financial gain or the financial gain of a family member, except as allowed in Section 946.13 of the Wisconsin Statutes or as otherwise permitted by law.  Each Trustee shall make a concerted effort to be aware of the details and scope of matters pending or brought before the Board so as to abstain from voting where a conflict or an unresolved potential conflict of interest may exist, and shall state publicly that the vote to abstain is because of a possible conflict of interest.
• Shall observe the Wisconsin Open Meetings Law and not knowingly participate in closed meetings except as permitted by the Open Meetings Law.
• Submit an annual economic interest statement to the Government Accountability Board.

Nothing in this policy shall deny a Trustee of this Board the rights of a citizen under the Constitution of the United States of America, Constitution of the State of Wisconsin, Wisconsin Statutes, or any other bona fide regulations of this state.

Violation(s)

Violation of this policy will be subject to appropriate action as determined by the Nicolet Area Technical College Board of Trustees.

 

 

Title:    2.05 District Board of Trustees Meetings  
Number: BP 2.05
Adopted:    May 1992
Reviewed:    September 2015
Revised:    March 2012

Board Meetings

The proceedings of the Nicolet Area Technical College District Board of Trustees (Board) meetings shall be published within 45 days after the meeting as a class 1 notice, under ch.985 Wis. Stats., in a newspaper published in the district.  The publication of the proceedings shall include a statement of receipts and expenditures in the aggregate.  The Board shall make a detailed record of all receipts and expenditures available to the public for inspection at each Board meeting and upon request.

Closed Session

The Board may meet in closed session for the purposes outlined in and consistent with Wisconsin Statute Sec.19.85.

The Board shall publicly announce the general nature of the business to be considered at a closed session before adjourning into such session.

The President is appointed the custodian of the minutes of the closed session.

 

Title: Student Representation
Number: BP 2.06
Adopted: January 1987
Reviewed: September 2019
Revised: September 2019

Purpose

The Nicolet Area Technical College District Board of Trustees (Board) recognizes the important contributions Nicolet College students make to developing policy and representing the needs and interests of students from the entire community. Student representation provides a means of input into the disposition of student activity and incidental fees under Section 38.14 (9). Student representation on the Board brings student perspective to College decision making.

Student Representation on the Board

A student shall be selected to represent Nicolet students to serve a one-year term. The student representative must be continuously enrolled while serving in the position. The student is a non- voting appointed member of the Board. The student representative shall be seated at the Board table during all open Board meetings and shall serve as a liaison on behalf of the student body on educational matters, student life, and activities.

The President or designee seeks recommendations for Student Representative to the Board. Recommendations may be made by anyone, including self-nomination, but will typically be made by College employees whose positions involve significant interaction with students. Criteria for selection include interest, availability at regular Board meeting times, and intent to continue as a Nicolet student for at least two terms from appointment date.

The student representative may be appointed to committees of the Board (i.e., presidential search), provided no committee member objects in writing to the Board Chair. The student representative may not enter into any closed session of the Board or participate in discussion or voting on any resolutions or motions before the Board.

The student representative has the rights of any citizen in the District. However, they must clearly communicate to the Board when they are expressing views or opinions as a citizen.

Title: Board Travel
Number: BP 2.07
Adopted: September 2009
Reviewed: November 2015
Revised: November 2015

The Board Chair authorizes travel requests and ensures that sufficient funds are available for travel and expenses. Board members shall be reimbursed for travel costs and other expenses incurred in conjunction with the performance of job related responsibilities and authorized Board business. To be eligible for reimbursement, expenses must be claimed in accordance with established administrative procedures and shall reflect compliance with the following provisions:

Travel Requests and Prior Approval

All out-of-district, overnight in-district, and out-of state, and international travel by Board members must have prior approval by the Board Chair. In the case of the Board Chair requesting travel, the request to travel must be approved by the Board Vice Chair. Requests must be submitted to the Business Office a minimum of two weeks prior to travel if requesting a travel advance.

Reimbursement

Reimbursement is allowed for expenditures incurred for lodging and transportation costs while on official Board business. Reimbursement will be made only for expenses which are actual, reasonable, and necessary. Meal expenses will be reimbursed via the M&IE per diem rates established by the General Services Administration (GSA) of the federal government. These rates vary by geographic location and can be found on the GSA web page under Per Diem Rates. The Board Chair has final determination of reimbursable expenditures. Reimbursement for travel shall be reviewed by the Business Office to determine compliance with this policy.

Mode of Transportation

All transportation shall be planned with the principles of fiscal austerity and energy conservation in mind. Board members planning travel to the same destination must coordinate transportation arrangements; carpooling when auto travel is appropriate. Failure to carpool when applicable could result in non-reimbursement for transportation costs.

The selection of transportation used shall be the most efficient and least expensive means of reaching the intended destination (e.g. air, train, or auto). Reimbursement will be at the least expensive rate regardless of the mode of transportation selected.

Mileage Expense

Expenses for mileage will be reimbursed in accordance with rates established in Administrative Policy AP 5.03 Travel and Expense Reimbursement. Mileage that meets the criteria outlined in “Mode of Transportation” will be reimbursed at the approved mileage reimbursement rate.

Meal Expense

Expenses for meals will be reimbursed in accordance with GSA per diem rates as established in Administrative Policy AP 5.03 Travel and Expense Reimbursement.

Board members will not be reimbursed for any over expenditures. 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

If an overnight stay is not involved, reimbursed meals are taxable to the Board member, per IRS regulations. If a Board member pays for another person’s taxable meals, the payer will be taxed for the full amount that they are reimbursed, per IRS regulations. To avoid this situation, all Board members should pay separately and be reimbursed for their own meals.

Out of state meal per diems must follow GSA guidelines. The College does not reimburse for the incidental rates listed under the GSA guidelines.

Lodging Expense

The maximum lodging reimbursement rate for in-state travel without prior approval of the Board Chair is the GSA rate. Hotel costs within the state must be at the appropriate GSA rates unless attending a conference at a hotel with no state rate discount. Board members must present the Tax Exempt Form to hotels within the state. The College does not reimburse for taxes paid in-state.

The maximum lodging reimbursement rate for out-of-state travel must follow the GSA guidelines. A Board member will not be paid for any over expenditure unless prior approval is granted by The Board Chair.  Itemized receipts are required for lodging reimbursement.

Non-Reimbursable Expenditures Includes, but not limited to the following:

Alcoholic beverages

Spouse, family members, and guest travel costs

Cancellation charges (unless fully justified)

Lost/stolen cash or personal property

Personal items (e.g. toiletries, luggage, clothing, etc.)

Traffic citations, parking tickets and other fines

Mileage charges incurred for personal reasons (e.g. sightseeing, side trips, etc.)

Repairs, towing service, etc. for personal vehicle, regardless of whether it results from the Board Member’s act or acts of others

Additional charges for late checkout

Taxi fares to and from restaurants

Meals included in the cost of registration fees or airfare

Flight insurance

Pay for view movies in the motel room; personal entertainment

Child care and/or kennel costs

Political contributions or expenses

Gifts

Laundry

*This list is not all-inclusive

Expense Advances

Board members shall be entitled to receive advances for anticipated expenses with prior approval of the Board Chair. The minimum travel advance is $50. Advance requests must be in the Business Office two weeks prior to travel.

Reimbursements for Expenses Provided by Other Organizations

Reimbursements for expenses provided by other organizations for travel on Board business shall be disclosed on reimbursement claims and will not be reimbursed by the College.

Telephone

Board members shall be reimbursed for telephone expenses when incurred for Board purposes. Such calls shall be itemized. Personal phone calls charged to the hotel bills must be deducted from requested reimbursement or paid to the hotel directly.

Forms

Requests for travel and expense reimbursement shall be submitted on the approved “REQUEST TO TRAVEL” form and shall be signed by the person making the request certifying that these expenses are actual, reasonable and necessary; that they were incurred in the performance of official duties, and that no portion of the claim was provided free of charge, was previously reimbursed by the District, or was reimbursed by a person or organization other than the District.

All reimbursement requests must attach an agenda, registration, or other forms as documentation of meals provided by the event.

International Travel

All requests for international travel must be accompanied by a written letter specifying how attendance will benefit the District, along with supporting documentation. The Board Chair will provide approval or disapproval and inform all Board members of the decision.

Violation(s)

Violation of this policy will be subject to appropriate action as determined by the Nicolet Area Technical College District Board of Trustees.

Title: Public Records
Number: BP 2.08
Adopted: March 2015
Reviewed: February 2020
Revised: February 2020

Nicolet Area Technical College is a vocational, technical and adult education district created and established pursuant to Chapter 38, Wisconsin Statutes.  The College is subject to the requirements of the Wisconsin Public Records and Property Law (Sec. 19.31 – Sec. 19.39 Wis. Stats.), and recognizes that designated employees of the College should have the responsibility to provide access to information concerning the public records of the College.

The following policies relating to the release, inspection and reproduction of public records and property are as follows:

1. DESIGNATION OF PUBLIC RECORDS.  The College recognizes and designates public records as defined by Section 19.32(2), Wis. Stats., as public records and documents subject to release, inspection and reproduction as required by law.
2. DESIGNATION OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  The College designates the Vice President of Finance and Administration as the official legal custodian of the Public Records and the Registrar as the official legal custodian of Student Records.  It shall be the responsibility of these individuals to execute all duties and responsibilities of the College pursuant to Wisconsin’s Public Records and Property Law.

As the official legal custodians of the public records of the College, these individuals shall be responsible for timely response to any request for access to the public records of the College.  The custodians shall be responsible for the release of the public records of the College, the conditions under which public records may be inspected and the collection of costs for the location or reproduction of public records.

Written notification of the designated official legal custodians of the College public records and their corresponding duties will be provided to all College employees in the Public Records Release Policy Official Notice.

The College further identifies the positions of President, Executive Vice President of Academic and Student Affairs, Executive Director of Economic and Community Development, Vice President of Finance and Administration and the Chief Information Officer as Local Public Officers of the College.

3. POWERS OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  All requests for the release, inspection and/or reproduction of the public records of the College shall be directed or referred to the appropriate College official legal custodian.

The official legal custodian is vested with authority to make all necessary decisions relative to the release, inspection and reproduction of public records and is granted authority necessary to carry out all duties and responsibilities required by either the Wisconsin Public Records and Property Law (Sec. 19.31 – 19.39, Wis. Stats.).

4. PROCEDURE FOR THE RELEASE, INSPECTION AND REPRODUCTION OF PUBLIC RECORDS AND PROPERTY OF THE COLLEGE.  The College adopts the following Notice as the official procedure of the College in responding to requests for the release, inspection or reproduction of the public records and property of the College:  Official Notice Attached.

This Notice is intended to provide all necessary information which might be required by a member of the public in order to obtain access to the public records and property of the College.  Any questions in regard to this Notice shall be directed to the official legal custodian of the public records of the College.

It is the general policy of the College that all requests for any records of the College must be submitted in writing to the official legal custodian.  The requestor may remain anonymous and need not state the specific reason for the request.

This Notice may be modified from time to time, but absent such modification, the decisions of the official legal custodian of the public records of the College shall be in conformity with its provisions.

Copies of the Notice shall be prominently displayed in appropriate locations on campus and a copy of the Notice shall be made available to any member of the public upon a request for inspection or reproduction.

5. ADOPTION OF FEE SCHEDULE REGARDING THE COSTS FOR THE LOCATION AND/OR REPRODUCTION OF THE PUBLIC RECORDS AND PROPERTY OF THE COLLEGE.  The College adopts the attached fee schedule to cover the actual costs for the location and reproduction of any of the public records of the College.  It is intended that this fee schedule shall cover the payment of the actual, necessary and direct costs incurred in locating a document, or in providing any person with a reproduction of any of the public records of the College.
6. PUBLIC RECORD PRESERVATION.  The public records of the College shall be retained and preserved by the official legal custodian as required by all applicable laws and no public records shall be destroyed without the prior written approval of the custodian.

No record of the College shall be destroyed after the receipt of a request for such record until after the request is granted, or until any dispute concerning the request has been completely and finally resolved.

7. INDEMNIFICATION OF THE OFFICIAL LEGAL CUSTODIAN OF THE PUBLIC RECORDS OF THE COLLEGE.  Any costs or fees incurred by the official legal custodian of the public records of the College shall be directly reimbursed by the College to the custodian.

PUBLIC RECORDS RELEASE POLICY OFFICIAL NOTICE

This Notice has been adopted by Nicolet Area Technical College pursuant to Chapter 38, Wis. Stats.

Nicolet Area Technical College has placed this Notice in prominent and conspicuous locations on campus so that the Notice can be viewed and inspected by any member of the public.  In addition, individual copies of this Notice will be made available to any person who requests such a copy from the official legal custodian of the public records of this College.

The College is subject to the Wisconsin Public Records Law.  The following information is provided to the public to assist them in obtaining access to the public records of the College.

1. The following positions have been designated as Local Public Officers of the College:  President, Executive Vice President of Academic and Student Affairs, Executive Director of Economic and Community Development, Vice President of Finance and Administration and the Chief Information Officer.  The names of the individuals presently holding these positions can be obtained by contacting the Human Resources Office of the College which is located at the following address:

NICOLET AREA TECHNICAL COLLEGE
5364 College Drive
P.O. Box 518
Rhinelander WI 54501
(715)-365-4553

2. Any public record of the College will be made available for inspection at the office of the Vice President of Finance and Administration for College Records and the Registrar for Student Records during normal business hours (8:00 a.m. – 4:30 p.m.) upon proper request.  No original public records of the College shall be removed from the possession of the local public officers.  The local public officers shall be responsible for designating where, when and how the public records of the College may be inspected and copied.  However, the decisions of the official legal custodian of the public records shall be governed by this notice.
3. The policy of the College regarding the release, inspection and/or reproduction of public records is as follows:

It is the general policy of the College that all requests for any records of the College must be submitted in writing to the official legal custodian.  The requestor may remain anonymous and need not state the specific reason for the request.

After the receipt of any request for access to the public records of the College, the official legal custodian will attempt to make such public records available as soon thereafter as practical.  All responses will be provided in writing.

If the official legal custodian determines that portions of any public records requested contain information which should not be released, the custodian will redact such portions not to be released and thereafter release the balance of the document.

Any requests for electronic public records of the College will be referred by the official legal custodian to the individual in charge of the technology and equipment involved to determine the cost of any computer search, printing charges, and availability of network system time to conduct the search. 

4. Any request for a record must reasonably describe the record or information sought.  If necessary, the custodian will seek written clarification from the requestor. If the official legal custodians cannot reasonably determine what public records or information are being requested, the request shall be denied in writing and the reason for the denial shall be stated.
5. Any person has the right to inspect the public records of the College, and the right to receive a reproduction of such public records.  In the event that a person files a request for reproduction of any of the public records of the College, that person shall be informed of the costs of locating and reproducing such public records.  Fees charged by the College relative to the costs of producing any of the public records of the College are as follows:  Fee Schedule Attached.

PUBLIC RECORDS RELEASE POLICY FEE SCHEDULE

1. COSTS OF LOCATING DOCUMENTS:

Some of the public records of the College are in storage, archived, or otherwise not immediately available.  The College may estimate in advance the cost of locating a record based on employee and other institutional costs.  The official legal custodian of the public records of the College may require payment in advance.

2. REPRODUCTION AND SHIPPING EXPENSES:

The College shall determine the cost and method used for reproduction and/or copying; however, fees may not exceed the actual, necessary, and direct cost of location, reproduction and transcription, and mailing and shipping of records unless otherwise specifically established by law.

1. Costs of copying and reproduction of public records:

a. Copying and reproduction costs are $0.25 per page for paper copies and $1.00 per page for copying and transmission of electronically imaged documents.

b. If equipment necessary for any reproduction is not available within the College, then the College will rent whatever equipment is necessary to perform the function and will bill the requestor for such rental fee.  The cost charged will be the actual costs paid by the College to the third party vendor.

c. The actual cost to the College of tape or other medium used for reproduction shall also be paid by the person making the request.

2. The actual cost of mailing or shipping will be charged.

 

Title: Advisory Committees
Number: BP 2.09
Adopted: May 1992
Reviewed: September 2015
Revised: March 2012

The Nicolet Area Technical College District Board of Trustees directs College administration to develop, manage, and publish policies, criteria and procedures by which degree program advisory committees shall be established

Title: New Program Approval and Program Suspension
Number: BP 2.10
Adopted: March 2012
Reviewed: September 2015
Revised:

The Nicolet Area Technical College District Board of Trustees (Board) delegates program approval, suspension, and discontinuation to the President.  The Board will be notified of all new, suspended, or discontinued occupational, vocational, and college liberal arts programs.

Title: PK-16 Partnerships
Number: BP 2.11
Adopted: March 2012
Reviewed: September 2015
Revised:

The Nicolet Area Technical College District Board directs College administration to collaborate with the eleven PK-12 districts that make up the College district, and to develop partnerships, alternative programming, and GED/HSED programs to meet stakeholder needs.

Title: Transportation Plan/Parking
Number: BP 2.12
Adopted: March 1995
Reviewed: September 2015
Revised: March 2012

The Nicolet Area Technical College District Board of Trustees (Board) directs College administration to work with the community to evaluate the transportation needs of the district’s population and develop a transportation plan for the district to effect energy resource conservation and efficient use of transportation resources.  The transportation plan shall detail parking management strategies and parking fee policies which encourage energy resource conservation.  The Board will approve the setting of fines and fees related to parking.

Title: Economic Development
Number: BP 2.13
Adopted: March 2012
Reviewed: September 2015
Revised:

The Nicolet Area Technical College District Board of Trustees (Board) supports and promotes the economic and workforce development mission of the Wisconsin Technical College System.

Business and Industry Partnerships.  The Board directs College administration to build successful partnerships with business, industry, and labor to exchange technical expertise, leverage resources, and ensure a rapid response to employers’ education and training needs.

Program Advisory Committees.  The Board recognizes the importance of business, industry, and labor participation on program advisory committees, which play a major role in program development, approval, continuous improvement, and evaluation processes.

Outreach Activities.  The Board directs College administration to engage in outreach activities to provide information to business, industry, and labor about education, training and technical assistance opportunities available through the College and the WTCS. Assistance in the development of commercial products shall be undertaken only in exceptional circumstances.  Such assistance should not include the use of the College’s facilities and equipment for the ongoing production of the commercial product.

Integrated Programming and Interagency Coordination.  The Board directs College administration to work with employers, education partners, labor, the Department of Workforce Development, and other local and state agencies to provide integrated education and training programs that meet the needs of the College’s district citizens and employers.

Training and Education for Employment.  The Board directs College administration to work with local and regional workforce and economic development entities in the delivery of workforce training and education for employment.  Job training and related activities undertaken by the College shall maximize opportunities for individuals to participate in both the regional and state labor force as productive citizens.

 

Title: Contracts to Provide Educational Services
Number: BP 2.14
Adopted: May 1992
Reviewed: January 2016
Revised: January 2016

The Nicolet Area Technical College District Board of Trustees (Board) directs College administration to provide customized training and technical assistance through contracts with private and public entities.   This policy delineates the requirements related to contracts to provide educational services to public and private educational institutions, federal and state agencies, local governmental bodies, industries and businesses, pursuant to s.38.14 (3), Wis. Stats., Administrative Rule TCS 8, and Wisconsin Technical College System (WTCS) Board policy.

Definitions

“Business or  industry  operating within the state” means a business or  industry subject  to personal jurisdiction of a court of this state under s.801.05 (1) (b) to (d), Wis. Stats.

“Contracts” are legal agreements between a district and a second party under which the district is selling specific goods or services to a particular buyer.

“Foreign government” means any government other than the federal government or any government of a state or a political subdivision of a state.

“Full cost,” for purposes of contracting, is the cost computed by using the total staff salary and fringe reported under the contract plus the indirect cost factor as computed using the methodology outlined in the WTCS Contracts for Services and Contract Reporting System Manual, and special equipment.

“Industry and business” means any organization or enterprise, including a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association, whether or not  operated  for  profit,  including  community-based  organizations,  foundations  and  other non-profit corporations.

“Local governmental body” means a local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or   order;   a   governmental   or   quasi-governmental   corporation,   including   Indian   Tribal Governments and Economic Development Corporations.

“Out-of-district  contract”  is  any  agreement  to  provide  educational  services  or  technical assistance to a local governmental unit or business or industry operating outside the geographic boundaries of the College. 

“Out-of-state contract” is any agreement to provide educational services or technical assistance to a foreign government, another state, a local governmental unit of another state, or business or industry not operating in this state.

“Private educational institution” means a private non-profit university, college or secondary school accredited by a nationally recognized accrediting agency.

“Public educational institution” means a university, college or school district operating high school grades supported by public taxation or appropriation and includes the University of Wisconsin System and technical college districts.

“Service recipient” means any industry, business, private educational institution, public educational institution or local governmental body receiving services from a district pursuant to a contract.

When a Contract Is Required

A contract is required and is subject to the reporting requirements of Administrative Rule TCS 8 if one or more of the following criteria are met:

•    The course or program is not open or formally advertised to the general public that would be eligible to participate in the course or program.

•   The course or section is developed or modified specifically for the service recipient.

•    The course or section is created solely in response to a specific request by the service recipient and is not open to the general public.

Types of Contracts

Contracts under s.38.14 (3), Wis. Stats. are limited to the types of activities outlined below:

•    Customized  instruction  –  Any  contract  intended  to  provide  instruction  resulting  in  the submission of course records to the system office under the Client Reporting System.  All instruction must be done under system office approved course numbers.

•    Technical  assistance  –  Non-instructional  activities  (non-credit  generating)  which  help  a service recipient accomplish an organizational purpose, goal or mission.  Examples of this are the design of a production line or employee testing.

•    Fiscal and management services – Contract activities of a fiscal or management nature which are not intended to result in the service recipient acquiring the skills necessary to conduct these activities in the future.  Examples are bookkeeping, accounting and data processing.  Such services cannot be provided to business and industry or provided out of state.     However,  these  services  can  be  provided  to  public  and  private  educational institutions, Wisconsin local government units, the state of Wisconsin, and the federal government.

•    Foreign services  contracts  – contracts for services provided to foreign students and a subcontracting relationship with a foreign government where the ultimate source of funding is a foreign government.

College Employees Performing a Contracted Service

College employees performing a contracted service shall be under the supervision of College administration.   Accordingly, such employees are subject to all College and WTCS Board policies and procedures, statutes, and administrative rules, including certification requirements of the WTCS Board.

No employee of the College may receive any additional salary, benefits, or reimbursement for expenses based on work performed in the delivery of a contract for services where that employee is currently being compensated by the College for that work under existing conditions of hire with the College.

Service Delivery Plan

The College shall have a written service plan consistent with WTCS Board Policy #321, Economic Development, which includes the following:

•    A  needs  assessment  process  identifying  potential  service  recipients  and  their  training needs.

•    An assessment of the College’s training delivery capability to meet client needs taking into consideration the finite College resources and the availability of staff.

•   Identification of other potential service providers in the District.

•    A strategy for service delivery, including prioritized educational services to be provided by the College under contracts, consideration of the availability and ability of other service providers to meet client needs, and criteria for client selection.

•    Provision for service plan review by the College’s private sector relations review committee created under Administrative Bulletin 99-09.

•   Targeting of College services to priority training needs.

Contract Approval

College personnel authorized to develop and sign contracts for educational services are approved by the Dean of Workforce & Economic Development. An up-to-date listing of authorized personnel is maintained, monitored, and on file in the College Business Office.

Contracts for educational services must be reviewed, approved, and signed by authorized College personnel prior to contract delivery, ensuring the consistent application of College policies and approved pricing.

The  Board  ratifies  all  contracts  to  provide  educational  services  (training  and  technical assistance) via a summary report at their regular meetings.

Foreign services contracts shall be reviewed by the Dean of Workforce & Economic Development to ensure compliance with state and federal statutes, and WTCS Board policies and administrative rules, as required in WTCS Board policy 320.  Copies of all foreign services contracts shall be forwarded to the WTCS Board upon the delivery of the contracted service. The Board will review and ratify foreign services contracts via a summary report at their regular meetings.

Non-Discrimination Certification

As part of every contract service agreement, the service recipient must certify that it does not discriminate on the basis of age, race, color, sex, creed, handicap, political persuasion, ancestry or sexual orientation against:

•    Any employee or applicant for employment, in regard to hire, tenure or term, condition or privilege or employment, except where there is a bona fide occupational qualification.

•   Any student or any applicant for enrollment in regard to admission or privilege or enrollment. No district resident on a waiting list to enter a program or course may be displaced by “slotting” an employee or student of a contracting agency into a regularly scheduled course or program.

Contract Pricing and Cost Recovery

Contract pricing for training and technical assistance is reviewed and established annually by the Board for the following academic and fiscal year.

The methodology specified in the WTCS Contracts for Services and Contract Reporting System Manual will be used to determine the full cost of a contract.  The Board is provided quarterly reports on contracts not meeting full cost recovery including the estimated full cost of each contract, the amount charged and the rationale for charging less than full cost.  The Board is provided the annual report generated by the WTCS Office indicating actual full costs compared to contract revenue.

When contracting for instruction, the College shall charge the service recipient an amount at least equivalent to the uniform program and material fees established under s.38.24 (1m), Wis. Stats.  All out-of-state contracts must be priced to recover full cost, as defined by the WTCS Contracts for Services and Contract Reporting Systems Manual, to ensure that no direct or indirect costs associated with the contract are funded by the district.

Exceptions to the Board-approved pricing for training and technical assistance can be made at the discretion of College administration.    Any pricing exceptions for clients or donation/consignment agreements resulting in contract pricing exceptions must be reviewed and authorized by the Dean of Workforce & Economic Development before a contract is finalized. In  any  case,  an  amount  at  least  equivalent  to  the  uniform  program  and  materials  fees established under s.38.24 (1m), Wis. Stats. must be charged to a client in an educational services contract.

All payments received by the College from a contract service recipient will be processed through the College’s Business Office.

Services Provided Outside the District

When contracting with a service recipient located outside the district, but within the state, the College shall follow the current WTCS protocol for delivery of contracted services over college district boundaries.  The College shall notify the district where the service recipient is located of the existence of the contract within 30 days of execution of the contract.

New Contract Services

When a new contracted service is being considered by an instructional division or administrative unit, the existence of alternative service providers in the district will be researched and considered.  The Board policy on Products and Services Provided by the District must also be carefully reviewed for compliance when considering new contract services.

Title: Products and Services Provided by the District
Number: BP 2.15
Adopted: July 2012
Reviewed: September 2015
Revised: November 2015

Any activity resulting in the provision of products or services by the College must be deemed important to fulfilling the institution’s education, training, and economic development functions; the activity must be needed to provide products or services necessary for College operations at a reasonable price, on reasonable terms, and at a convenient location and time; and the activity must be carried out for the primary benefit of the College community but with sensitivity to the impact on the broader community.

Criteria for Products and Services Provided by the District

All activities paralleling the private sector must be integral to the fulfillment of the College’s instructional, research or public service missions.  The Board delegates its authority to the President or designee to authorize an exception if any of the following pertain:

• There are compelling reasons of economic efficiency where district resources can be made available to the broader community at relatively little additional cost to the institution.
• The product or service is unavailable elsewhere in the community in either sufficient quality or quantity.
• Providing the product or service is a major convenience to the College community including students, staff, and members of the public participating in institutional activities.  Although other factors may be involved, convenience is typically defined in geographic terms (i.e. private sources are too far away to be, practically, the suppliers).
• The College’s offering of the product or service is of major importance to maintaining the quality of the institution’s operations and facilities.

Pricing

The pricing of products and services offered by the district shall recover full cost or be comparable to private sector prices, unless a reduced price is demonstrated to be necessary to fulfill a function integral to the mission of the institution.  The objective of the sale or resale of products that emerge as a result of an educational program is to recover or defray the cost of program operation.

College administration may also establish additional fees in the following areas, which are compliant with s. 38.24(1s), Wis. Stats.:

• A court-approved alcohol or other drug abuse education program offered to individuals under s.48.245 (2) (a) 4., 48.345 (13) (b), 48.347 (5) (b), 938.245 (2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g) (a), Wis. Stats.
• 38.24(1s)(b)A professional development, vocational-adult seminar or workshop, consisting of no more than 24 hours of instruction, offered to individuals who are employed in a related field.  The Board directs College administration to report to the WTCS Board the courses for which an additional fee was charged and the amount of the additional fee.
• 38.24(1s)(c)A vocational-adult course intended to improve an individual's skills beyond the entry level if the course is required by state or federal law, rule or regulation, or by a professional organization, to maintain licensure or certification in the individual's field of employment and the state director approves.  The additional fee may not exceed an amount equal to the full cost of the course less the program fees.

Review Committee

The Board, through the President, shall appoint a Review Committee when needed to review specific proposed product or service additions, and/or complaints of potential competition with the private sector.  Membership of the committee shall include representatives of the College, the private sector, and the general public.

Any proposed provision of products and services presented to the committee shall include full documentation of costs and pricing considerations.  The committee shall review the proposal for compliance with College guidelines.  The review shall include a determination as to whether the College pricing structure complies with the above guidelines.  The committee shall report its findings to the President or designee before the College acts upon the proposed offering of products and services.  The President or designee will provide the Board a summary of the final results of this process for their review and ratification at their general meetings.

The Private Sector Review Committee reviews any formal complaints made by private sector providers using the above guidelines and provides an advisory opinion to College administration.  A private sector provider will be notified in writing of the College’s decision in regard to a complaint within 30 days of receipt of a formal written complaint.  As an appeals process, the Board reviews the complaint if formally requested subsequent to the complainant’s notification of the College’s decision.

Title: Educational Services Below Postsecondary Level
Number: BP 2.16
Adopted: March 2012
Reviewed: September 2015
Revised:

The Nicolet Area Technical College District Board of Trustees (Board) directs the College to provide high school completion programs.  The College shall develop written protocols in which the roles and responsibilities of the College, the student, and the high school district or the Wisconsin Department of Public Instruction are clearly defined.  Current copies of these materials for each district shall be on file at the Wisconsin Technical College System (WTCS) Board agency office.

Title: Public Input Board Policy
Number: BP 2.17
Adopted: November 2016
Reviewed: November 2016
Revised:

In accordance with Wisconsin Statute §§ 19.81–19.98 Nicolet Area Technical College District Board meetings are open to the public. Meetings are to be conducted in accordance with the published agenda.

The Board may provide time for “Public Input” at a specific point in its regular meetings, and will notice such time on agendas and meeting notices.

Such “Public Input” periods are not considered to be public hearings or a forum for public debate. Statute prohibits the Board from discussing or taking action on an item raised during the “Public Input” period if the item does not already appear on the meeting agenda.

 The opportunity for “Public Input” follows a specified procedure and guidelines including:

• The Board Chair will determine the amount of time devoted to public input at any given meeting and may establish a maximum number of individuals to be heard.
• Prior to the start of the meeting, individuals who wish to address the Board must sign in with the Executive Assistant to the Board and complete all questions on the form provided.
• Only individuals signed in to offer public input will be invited by the Board Chair to speak.  Individuals will be required to identify themselves prior to their commentary and to limit their remarks to topics listed on the speaker’s form.  Comments on additional topics are not permitted and may be ruled out of order by the Board Chair.
• Individuals shall be limited to three minutes and speak only once during the public comment period. Additional time may be granted at the discretion of the Board Chair. Brevity will be appreciated.
• Individuals should not expect to engage in dialogue or discussion with members of the Board on any matters raised during the “Public Input” period. Board members have no obligation to respond to questions or statements.
• Individuals may not engage in debate or dialogue with any other person at the meeting.

Comments shall be respectful and courteous. Comments that are personal, threatening, attack others, are obscene or insulting, berate differing points of view, or are properly subject to closed session such as those relating to personnel matters, will not be allowed. Offending or disruptive individuals will be ruled out of order by the Board Chair, shall immediately stop speaking, and may be required to leave the meeting.  The Board Chair may require any attendee who displays disruptive or disrespectful behavior to leave the meeting.  If necessary, campus security or law enforcement will assist in removing such individuals.

Title: Board Professional Development
Number: BP 2.18
Adopted: March 2017
Reviewed:
Revised:

The Nicolet College District Board recognizes that ongoing education and development for its members is of value to the College. To that end, the Board encourages wide participation in Wisconsin Technical College District Boards Association activities. Participation in other appropriate development activities, including conferences, conventions, and workshops, is also encouraged. In order to responsibly manage the time and dollars invested in Board development, these principles and procedures are adopted:

• A calendar of Board conferences, conventions, and workshops will be maintained by the Executive Assistant to the District Board. The Board may periodically review development opportunities and identify those that appear likely to produce direct and substantive benefits to the College.
• Board members desiring to attend conferences, conventions, or workshops will indicate such interest to the Executive Assistant to the District Board or the President of the College, and provide a brief summary of objectives. The Board chairperson shall be informed of this interest and determine whether the request can be supported. Determining factors include, but are not necessarily limited to, the anticipated value to the College and the budget dollars available.
• Participation in out-of-state meetings and conferences will be limited to one or two Board members per function unless special circumstances exist or the Board chairperson determines that additional participation will significantly benefit the College.
• Board members shall be willing to provide a summary of their development activities at a subsequent Board meeting.
• In consultation with the Board chairperson, the President shall establish a budget or budgets for Board travel and development as part of the annual budget process. Participation in District Boards Association activities shall be given priority, but additional funding for other Board development activities may be allocated based on need and availability of funds.
• Travel, lodging, registration, and other necessary arrangements will be made through the Executive Assistant to the Board and the President's Office. Board members will be reimbursed for their travel expenses according to existing policy and state statute.
• Board members in their final year of service and who are not planning to apply for reappointment should ask to attend out of state meetings and conferences only with compelling justification.

 

Title: Board Conduct
Number: BP 2.19
Adopted: November 2018

1. Statement of Expectations. It is the policy and expectation that each Board Member shall provide leadership, guidance, and direction for the college by promoting the vision and mission, upholding the reputation, and fostering the economic well-being of the college. Each Board Member shall:
   • Act in the best interests of our students and the entire college community.
   • Exercise the duties and responsibilities with integrity, collegiality, and care.
   • Represent the college in a positive and supportive manner at all times on and off campus.    
   • Act according to Board policies and the laws of the United States and the State of Wisconsin, and local ordinances.
   • Create an atmosphere in which diversity of opinion is welcomed and respected, controversial issues or different philosophical stances can be presented fairly, and in which the dignity of each individual is maintained.
   • Cultivate a sense of group responsibility for collective rather than individual decisions.
   • Refrain from engaging in conduct that may embarrass the college or adversely affect its reputation or the Board’s governance.
   • Enforce upon itself whatever discipline is needed to govern with excellence.
   • Attend all regular and special Board meetings, unless excused from attendance.
   • Refrain from public comments on Board matters without Board authorization or according to Board policy.
   • Comply with policy governance.
2. Code of Ethics.  The Board expects ethical conduct by itself and its members. This includes proper use of authority.  Board Members shall carry out their duties with the highest ethical conduct and shall follow these policies and Sec. 19.45, Wis. Stat. entitled Standards of Conduct; State Public Officials and the Wisconsin Code of Ethics for Public Officials and Employees, Secs. 19.41-19.59, Wis. Stats.  Nicolet College Board Policy 2.04 https://www.nicoletcollege.edu/about/compliance/board-policies/20-governance/204-code-ethics  Board Members shall:
   • Maintain unconflicted loyalty to the interests of the College.  This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups and membership on other Boards or staffs. This accountability supersedes the personal interest of any Board Member acting as an individual consumer of college services.
   • Observe the Wisconsin Open Meetings Law, Secs. 19.81-19.98, Wis. Stats., adhere to agenda items for each meeting, and not knowingly participate in closed meetings except as permitted by the Open Meetings Law.  Board members shall observe the Wisconsin Public Records and Property Law, Secs. 19.21-39, Wis. Stats.  
   • Accept the responsibility of being informed of the major initiatives of the college, the global perspective of the Wisconsin Technical College System, and related national activities such that each Board Member is better able to make the necessary decisions that maintain or strengthen our commitment to students of the college.
   • Avoid any exercise of individual authority over the college except as explicitly set forth in Board policies or with specific Board authorization.   A Board Member’s interaction with the President, staff, public, press, and other entities must recognize the lack of authority in any individual Board Member or group of Board Members except as noted in Board policies or by specific Board authorization. No Board Member or Board Members may speak for the whole Board unless so designated by the Board.
   • Not use the Board Member’s position to obtain financial gain or anything of value for his/her private benefit or that of a family member for the purpose of influencing a decision or action in the discharge of the Board Member’s official duties. A “family member” is defined in Chapter 19, Wis. Stat. and in College policy.  
   • A Board Member seeking employment with the College must submit their resignation in writing to the Board Chair or designee prior to applying for employment.
3. Confidentiality. Board Members shall maintain confidentiality of privileged information and shall not use confidential information for personal gain or benefit or for the benefit of family or others.  Board Members shall maintain the confidentiality of discussions which occur at legally held closed meetings of the Board and shall not discuss personnel or performance matters in public except in accordance with Board policies or as may be required by law.  Nicolet College Board Policy 2.04 https://www.nicoletcollege.edu/about/compliance/board-policies/20-governance/204-code-ethics   
4. Conflict of Interest.
   • Board Members owe a duty of loyalty to the college and to the community. Board Members must avoid conflicts of interest or the appearance of a conflict of interest with respect to performance of their duties and fiduciary responsibilities.  Nicolet College Board Policy 2.04 https://www.nicoletcollege.edu/about/compliance/board-policies/20-governance/204-code-ethics    
   • A conflict of interest, or the appearance of a conflict of interest, exists when the Board Member is in a position to influence, directly or indirectly, college business or college-related decisions which does or could result in personal financial gain for the Board Member or that of a family member, subject to Sec. 946.13, Wis. Stat. Respectful to the Board Member’s responsibility to the College, and to aid in the protection of the College’s reputation and integrity, no individual may serve as a member of the Board while a family member is employed by the College (family is defined as: spouse, domestic partner, mother, father, son, daughter, brother, sister, mother/father/daughter/son/brother/sister-in-law, step family, grandparent, legal guardian or other person who lawfully stands in place of a parent). 
   • A Board Member shall timely disclose a conflict of interest to the Board, or for reasons of confidentiality, to the Board Chairperson. When the Board will consider a matter as to which a Member has an unavoidable conflict of interest, the Member shall absent himself/herself from that portion of the meeting at which the matter is considered and voted upon. The Member shall not participate in the discussion or vote on the matter.
   • Board Members shall not use their positions to obtain employment at the college for themselves or family members, as defined in Chapter 19 Wis. Stat. and in College policy. Board Members shall not use their positions to protect or maintain employment at the college for themselves or family members, as defined herein.
5.  Sexual Misconduct. The college has a zero tolerance policy for gender and sex-based discrimination, and seeks to create and maintain a campus free from sexual misconduct. https://www.nicoletcollege.edu/about/compliance/board-policies/40-equal-opportunity/402-anti-harassment-and-nondiscrimination. Board Members shall comply with this policy and avoid all prohibited activity.
6. Sexual Harassment.  https://www.nicoletcollege.edu/about/compliance/board-policies/40-equal-opportunity/402-anti-harassment-and-nondiscrimination. Board Members shall comply with this policy and avoid all prohibited activity.  
7. Harassment. https://www.nicoletcollege.edu/about/compliance/board-policies/40-equal-opportunity/402-anti-harassment-and-nondiscrimination. Board Members shall comply with this policy in their conduct with staff, students, Board Members, vendors, and the general public and shall avoid all prohibited activity.
8. Anti-Retaliation. 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 any form of harassment is prohibited. Retaliation constitutes a violation of this code, 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 adversely affect that person's educational, living, or work environment; or
   • similar conduct engaged in by a third party at another party’s request
9. Abuse of Power.  A Board Member shall not, by virtue of the position as Board Member, expect, demand or coerce special favors, attention or treatment from any other Board Member or employee or student of the college, or any other Entity or Individual.
    
10. Consensual Relationships.
    • A Board Member is strongly discouraged from engaging in a consensual relationship of a romantic or sexual nature involving another Board Member, employee or student.    Such relationship may constitute or create a situation of alleged abuse of power, sexual or other harassment, conflict of interest, or other conduct prohibited by these policies. 
    • A Board Member who is in a consensual relationship shall disclose the nature of the relationship to the Board Chairperson.
11. Board Member Reporting Requirements[A1] .
    1. The US Department of Education’s Office of Civil Rights defines a “responsible employee” as “any employee:
       • Who has the authority to take action to redress sexual violence
       • Who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or
       • Who a student could reasonably believe has this authority or duty.” See, OCR Questions and Answers about Title IX and Sexual Violence (April 29, 2014). https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf

In keeping with the definition of “responsible employee” noted within paragraph 3, Nicolet College deems the perceived position of authority, couched within the College’s Board of Trustees, meets an expectation that a students would “reasonably believe” that a member of College’s Board of Trustees has the authority to take action to redress sexual violence.

• A Board Member who has a reasonable basis to believe another Board Member has violated a Board Policy shall report the alleged violation to the College President, Chairperson of the Board, or any Officer of the Board.
• A Board Member shall report his/her own alleged violation of Board Policy according to the provisions of Section 10(a). This includes, but is not limited to, conduct that may embarrass the college or adversely affect its reputation or the Board’s governance  under Section 1(g) of this Policy, including, but not limited to, designation of sex offender status, pending charges under state or federal criminal law, or conviction under state or federal criminal law.

 

12. Complaint Procedure.
    • This procedure applies to a Board Member who allegedly violates this Board Policy or any other Board Policy. The College President, Chairperson of the Board, or any Board Member or employee who has received a report of an alleged violation is responsible for determining the appropriate procedure to be followed which may include any procedure specified in the underlying Policy. 
    • A report of violation under Section 10 Board Member Reporting Requirements made to the College President, Chairperson of the Board or Officer of the Board shall be promptly referred to the Chairperson of the Board. An alleged violation which involves the Chairperson of the Board shall be referred to the Board Executive Committee or Officers of the Board, excluding the Chair. The process under subsections (c) through (f) shall be followed.
    • The Board Chairperson shall inform the Board Member against whom the allegation is made of the allegation. The[A2]  Board Chairperson, in his/her sole discretion, may meet with the Board Member at any time prior to, during, or following any investigation to discuss and resolve the matter.  If the matter is not resolved, the Board Chairperson shall refer the matter to the Board Executive Committee or the Officers of the Board. 
    • The Board Executive Committee or the Officers of the Board shall inform the Board Member against whom the allegation is made of the allegation if subsection (c) is not applicable. The Board Executive Committee or the Officers of the Board may meet with the Board Member to discuss and resolve the matter.  
    • The President, Board Chairperson, Board Executive Committee, or the Officers of the Board, at any time, may authorize an investigation of the matter by a qualified investigator, internal or external to the College.  The final report of the investigation, if any, shall be provided to the Board.  
    • If the matter is not resolved, the Board may vote, by a majority of the full Board, to refer the matter, with or without a recommendation, to the Board Appointment Committee as then constituted pursuant to Sec. 38.10(1) Wis. Stat.  The Appointment Committee may, by majority vote, remove the Board Member at pleasure pursuant to Sec. 17.13(1) Wis. Stat.
    • This policy acknowledges Sec. 17.13(3) Wis. Stat. which provides a Board Member is subject to removal by the judge of the appropriate circuit court, for cause.

Title: College Budget Process and Fiscal Accountability
Number: BP 3.01
Adopted: November 1988
Reviewed: September 2020
Revised: September 2015

The Nicolet Area Technical College District Board of Trustees (Board) shall be fiscally accountable.  Fiscal accountability will be demonstrated through fiscal responsibility, the annual budget, sound business practices, and an annual audit.

Fiscal Responsibility

The Board’s Treasurer is responsible for the receipt of all public funds of the District and shall be accountable for such action in accordance with applicable statutes.  The Board delegates the operational procedures relating to the fiscal operations of the District to the President or his/her designee.

The Board shall approve an annual budget at the June meeting which reflects sound cash-flow management and shall attempt to reduce the need for short-term borrowing by maintaining fund balance designated for operations at approximately 25 percent of budgeted general and special revenue fund expenses.

The Board shall approve gifts or grants that obligate the College to make future expenditures of funds or human resources beyond conditions outlined by the gift or grant.

Annual Budget

The District shall prepare an annual budget document in accordance with legal requirements, deadlines and the uniform budget document format specified in the Wisconsin Technical College System (WTCS) Financial Accounting Manual.

The budget shall be developed by soliciting information from various levels of the organization and shall accurately reflect projections of income and expenses, including a capital budget that meets the capital needs of the District.  Prior to adoption of the budget, the District shall hold a public hearing to solicit public input on the proposed budget. The public hearing shall be advertised through a Class 1 Legal Notice.  The President shall recommend an annual budget to the Board at the June meeting, and shall submit an approved copy of the annual budget document to the WTCS Board by July 1.

Subsequent budget modifications require Board approval and shall be implemented in accordance with appropriate statutes, rules, and regulations.

The District Board shall set and approve annual mill rates for operational and debt service tax levies during the October Board meeting.

Sound Business Practices

Sound business practices will be adhered to by the District. Such practices shall include, but shall not be limited to:

1. All District financial activity shall be accounted for through one accounting system to enhance internal controls.
2. District financial records shall be maintained on the budgetary basis of governmental accounting, as required and detailed in the Wisconsin Technical College System Financial Accounting Manual. The District will adhere to governmental generally accepted accounting principles, as codified in the Codification of Governmental Accounting and Financial Reporting Standards (published by the Government Accounting Standards Board), unless specifically required to deviate from those standards per regulatory pronouncements by the Wisconsin Technical College System Board.
3. Internal control procedures shall include cost-effective measures to protect the assets of the District.
4. The cash and investments of the District’s funds shall be pooled and managed together. Cash accounts of the District in excess of FDIC limitations shall be collateralized whenever possible. Cash in excess of immediate District operating needs shall be invested. Investment decisions of the District shall be determined by maximization of earnings and security of principal. The local Government Investment Pool of the State of Wisconsin will be one such means of investment.
5. Fixed asset records will be maintained by the District, and periodic inventories will be conducted.
6. Capital equipment will be purchased through the capital projects fund of the District, except enterprise or agency funds.
7. Enterprise fund managers shall update their budget plans annually.  The budget plan shall include an assessment of adequate fund balance requirements.  The funds shall strive to operate at a profit sufficient to return funds to the general fund of the college.
8. A monthly financial report summary shall be prepared and submitted to the District Board.  A check register showing all checks over $2,500 printed for the month shall be presented to the Board Treasurer.
9. The President will inform the Board Chair immediately of any suspected incidents of misappropriation of funds.  The District policy is to fully cooperate with appropriate legal authorities and violations of the law may be prosecuted.
10. District assets and resources may not be used for personal benefit. 

Annual Audit

The Board shall establish the period from July 1st through June 30th as its fiscal year.

An annual audit of all District funds shall be completed by an independent certified public accounting firm for each fiscal year.  The audit report shall be submitted to WTCS within six (6) months following the end of the fiscal year.  The goal of the audit will be the expression of a clean (unqualified) opinion.

The District’s auditing services will be competitively bid at least every five years.

Title: Cash and Investment Account Management
Number: BP 3.02
Adopted: November 1988
Reviewed: September 2020
Revised September 2015

The Nicolet Area Technical College District Board of Trustees (Board) delegates the President or designee to establish guidelines for deposits and investments and criteria for investment decisions.  It is the intent of this policy to provide a set of basic guidelines to assure that investments are safeguarded, yet provide the appropriate flexibility in meeting the District's investment goals and objectives within the parameters of statutory responsibility and authority.

Limitations and Guidelines

The policy applies to the financial assets of all funds of the District and assures that the fundamental principles concerning an investment program involving public monies have five basic concerns:

1. Legality:  All investments shall be made in conformity with Wis. Stats. § 66.04(2).
2. Safety:  Investments shall be undertaken in a manner that seeks to ensure the preservation of the principal of all invested funds. Speculation is prohibited.
3. Liquidity:  Investment maturities shall not extend beyond any recognized cash flow needs of the District.  When considering the appropriate maturities for investments, the investment officer shall assure that funds are continuously available to meet the immediate payment requirements of the District including payroll, accounts payable and debt service.
4. Return:  The investment of all funds shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and the cash flow characteristics and requirements of the District.
5. Full and timely investment of available funds.

Prudence Required

Investments shall be made with judgment and care, under prevailing circumstances, which persons of prudence, discretion and intelligence exercise in the management of their own affairs.  Investments shall consider the probable safety of their principal as well as the probable return to be derived.

The “prudent person” standard shall be applied in the context of managing the overall portfolio.  Investments shall be made in accordance with this policy.

Qualifying Institutions

The Board designates as public depositories all banks, savings and loan associations, and credit unions with an office in this state, plus the Local Government Pooled-Investment Fund.  Additionally, investment in bonds and securities of the federal government may be made through public depositories or broker/dealers or banks reporting to the Market Reports Division of the Federal Reserve Bank of New York, also known as “primary government securities dealers” (brokers).

All depositories and brokers shall agree to undertake reasonable efforts to preclude imprudent transactions involving the District’s funds and shall be required to familiarize themselves with the District’s investment policy.

Investment Instruments

The District may invest its funds not immediately needed in the following instruments:

1. Time deposits in any qualifying institution, if the time deposits mature in not more than one year.
2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
3. Bonds or securities of any county, city, drainage District, technical college District, village, town, or school District of this state.
4. State of Wisconsin Local Government Pooled-Investment Fund or the Wisconsin School District Liquid Asset Fund, also referred to as Pooled Investments.
5. Wisconsin Investment Series Cooperative (WISC).
6. Fixed income securities with a minimum long-term debt rating of Aa by Moody’s or AA by Standard & Poor’s with maturities of seven years or less at the time of purchase.  In the case of amortizing securities, final maturity will be measured in terms of average life.
7. Commercial paper of institutions incorporated in the United States with commercial paper ratings of P-1 from Moody's Investor Service and/or A-1 from Standard & Poor's Corporation.  Commercial paper may be purchased by an investment manager per Wisconsin Statutes and as part of pooled investments.
8. Other prudent investment approved prior to purchase by the Board, conforming to applicable Wisconsin Statutes.

Collateralization of Funds

All deposits will either be insured or collateralized with pledged collateral secured through third-party safekeeping and custody.

Currently, the FDIC provides $250,000 for all time accounts combined and $250,000 for all demand accounts combined of the same depositor in the same institution, and the State Deposit Guarantee Fund under Wis. Stats. § 34.08(2) and Wis. Stats. § 20.144(1)(a), is limited to the sum of $400,000 per depositor per institution.

Funds in excess of $400,000 may be placed in a qualified institution if the depository provides a surety bond or collateralization of the time deposit.

Accounts and Records

College accounting records shall:

1. Detail each investment as to purchase date, cost, maturity, and yield.
2. Provide any necessary internal controls.
3. Provide any other records that may be required to accurately reflect all investment transactions.

Risk Control

Liquidity shall be assured through matching investment maturities with anticipated cash flows.  Default risk will be controlled by the use of collateralization, registration and insurance.  In addition, the following specific controls will be observed:

1. The District’s banking services will be competitively bid at least every five years.
2. The District’s cash and investments will be included in the monthly financial report summary presented to the Board.

 

Title: Procurement
Number: BP 3.03
Adopted: March 1995
Reviewed: September 2020
Revised: March 2012

Purchasing procedures include all acquisitions, rentals, lease/purchases, rental/purchases, and contracts for services including personal and professional services.  All procurements should be made in compliance with state statutes, administrative rule TCS 6 and the Financial Administrative Manual (FAM).

Procurement Procedures for Capital Equipment

Nicolet College’s procurement practices are based on Administrative Rule TCS 6 and 34 CFR, paragraph 80.36.  All federal regulations apply unless State Board Policy, State Statues, or Administrative Rules are more restrictive.  These procedures apply to all District expenditures.

1. Nicolet employees authorized to make procurements for the College shall maintain ethical standards of conduct.
2. Nicolet encourages the use of state, federal, and local governmental contracts and cooperative purchasing agreements as an alternative to the competitive bidding procedure.
3. Nicolet encourages patronizing Wisconsin businesses, small and minority businesses, women’s business enterprises, and businesses in labor surplus areas.
4. All procurement transactions shall be conducted in a manner that provides maximum open and free competition.
5. Awards shall be made only to responsible contractors that possess the ability to perform successfully under the terms and conditions of the proposed procurement.
6. Proposals shall be solicited from an appropriate number of qualified sources.  Solicitations of offers shall include a clear and accurate description of the item or service being procured, and shall not contain features which unduly restrict competition.  When a clear and accurate description is impractical or uneconomical, a “brand name or equal” description may be used.  The specific features of the name brand, which must be met by offerors, shall be clearly stated.  Solicitations of offers shall include all requirements, which offerors must fulfill, and all other factors to be used in evaluating bids or proposals.

Construction-Related Procurement

For the purposes of procurement of construction, the Nicolet Area Technical College District Board of Trustees shall possess the powers conferred by s. 62.15 WI Statutes on the Board of Public Works and the Common Council.  All contracts for projects requiring bids under this section shall be made in the name of the District and shall be executed by the District Board Chairperson and District Board Secretary.

Title: Facilities Planning
Number: BP 3.04
Adopted: March 2012
Reviewed: September 2020
Revised:

Nicolet Area Technical College Administration shall ensure that facilities are safe and adequate to accomplish the mission of the College and shall cause College assets to be adequately maintained and protected from unnecessary risk.

Administration shall:

• Make decisions that include the considerations of life cycle costs, including preventative maintenance costs.
• Oversee capital spending on necessary purchases.
• Modify existing facilities with documented need.
• Recommend land purchase decisions which include the consideration of acquisition, construction, and transportation costs.
• Implement approved land purchases or permits, design, bid, or construction schedules that maintain or decrease costs or increase construction quality, except for reasons beyond the College’s reasonable control.
• Operate with clear priorities when recommending building, renovating, maintaining or repairing facilities within available resources.
• Prevent plant and equipment to be subjected to improper wear and tear or inadequate maintenance.
• Insure against theft and casualty losses in amounts consistent with replacement values or against liability losses to Board members, staff, or the College itself in amounts consistent with limits of coverage obtained by comparable organizations.

Planning and coordination of facilities, construction requirements, renovations and remodeling, and the evaluation of space utilization will be provided on a district-wide basis in accordance with Wisconsin Statute Sec. 38 and Chapter TCS 5.  All purchases, leases, and contracts transacted shall directly support the operation of the College.  Purchases, leases, or contractual agreements shall not be made on behalf of an employee or official of the District.

On an annual basis, Administration shall prepare, adopt, and submit a Three-Year Facilities Plan to the Wisconsin Technical College System Office.  The Three-Year Plan shall include specified information regarding proposed facilities development projects for the planning period and meet other requirements as described in the WTCS Administrative Bulletin on Three-Year Facilities Plan.

 

Title: Financial Aid and Lender Relationships
Number: BP 3.05
Adopted: March 2012
Reviewed: September 2020
Revised: September 2015

Nicolet Area Technical College Administration shall publicize and coordinate student financial aid programs and shall provide technical assistance to potential and enrolled students seeking student financial aid.

The ethical conduct of student financial aid staff in working with government and private student aid lenders and the criteria for identifying opportunities and providing this information to students, is subject to the following:

1. District employees are prohibited from:

• Soliciting, accepting, or entering into any agreement in which an educational loan lender provides fees, revenue sharing or material benefits to the College in exchange for a recommendation of the lender or its loan products.
• Soliciting or accepting financial aid staffing assistance from a lender.
• Soliciting, accepting, or entering into any agreement in violation of the ethics codes under Board Policy 2.03 Code of Ethics.

1. For students applying for financial aid, the College shall supply information in writing with available federal and state government loans and comparative information on government loans.  Students are encouraged to explore and weigh the use of federal loans that are guaranteed, regulated, and may be more advantageous, before pursuing private or alternative loans.

 

Title: Fee and Tuition Remissions
Number: BP 3.06
Adopted: March 2012
Reviewed: September 2020
Revised: September 2015

The Nicolet Area Technical College District Board of Trustees (Board) shall charge student fees as established annually by the Wisconsin Technical College System State Board.  Students 62 years old and over shall be exempted from program fees in vocational−adult courses.  Students enrolled in adult high school, including students enrolled under adult basic education and English as a  second language courses shall be exempted from program fees.  Students 60 years of age or older are permitted to audit a course, other than a community service program, without paying an auditor’s fee if the person is a resident of this state, space is available in the course, and the instructor approves.

The Board may establish student activity and incidental fees under Wisconsin Statute Sec. 38.14(9), to fund, in whole or in part, the cost of services and activities offered as support services for regular instruction.  Wisconsin Statute Sec. 38.145, empowers students to plan the use of student activity and incidental fees.  This authority is to be exercised in consultation with the College President and the resulting plans are subject to confirmation by the Board.

Fee remissions shall be granted to eligible veterans, survivors, and other individuals as outlined in Wisconsin Statute Sec. 38.24.

Fee exemptions for up to 6 credits within the same occupational program for which the degree or diploma was awarded shall be granted to a Wisconsin resident graduate of an associate degree program or vocational diploma program, provided the graduate applies for the exemption within 6 months of graduation and any of the following applies:

1. Within 90 days after his or her initial employment, the graduate’s employer certifies to the Board that the graduate lacks entry−level job skills and specifies in writing the specific areas in which the graduate’s skills are deficient.
2. The graduate certifies that all of the following apply:
3. The graduate has not secured employment in the occupational field in which he or she received the degree or diploma.
4. The graduate has actively pursued employment in that occupational field.
5. The graduate has not refused employment in that occupational field or in a related field.
6. The graduate has actively sought the assistance of the district placement office.

 

Title: Affirmative Action
Number: BP 4.01
Adopted: March 1995
Reviewed: September 2020
Revised: October 2018

As required in Chapter 38, Wis. Stats., and the Wisconsin Fair Employment Law (Sec. 111.31-111.395, Wis. Stats.), Nicolet Area Technical College maintains fair and impartial relations with employees, applicants for employment, and students without regard to race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.

Nicolet Area Technical College seeks continuous compliance with the following laws: Title VI and VII of the 1964 Civil Rights Act as amended, Age Discrimination in Employment Act of 1975, the Americans with Disabilities Act of 1990, Equal Pay Act of 1963 as amended, Title IX of the 1972 Education Amendments, Section 504 of the 1973 Rehabilitation Act, Wisconsin Fair Employment Law, the 1976 Vocational Education Amendments, and the Office of Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Career and Technical Education Programs (34 CFR, Part 100, Appendix B).

Discrimination by supervisors, co-workers, or students on the above mentioned personal attributes is an illegal practice and is prohibited.  Appropriate sanctions and preventive measures will be used to eliminate discrimination.

The principles and concepts of Affirmative Action will be integrated into all employment practices including, but not limited to, recruiting, hiring, transfers, promotions, training, compensation, benefits, layoff, terminations, retention, certification, testing, and committee appointments.  Affirmative Action will be utilized to achieve a work force with an appropriate balance of ethnic/racial minorities, women, and the disabled

Nicolet Area Technical College will ask for nondiscrimination assurance from contractors and suppliers of services and their assurance that they maintain reputable Affirmative Action practices.

Nicolet Area Technical College will maintain physical accessibility for disabled persons, and will provide other reasonable accommodations in response to requests.  Religious observances and practices will receive reasonable accommodations.

An Affirmative Action complaint procedure is used to process charges of discrimination on the basis of race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.  The procedure is administered by the District EEO Officer and can be found on the College website in Board Policy 4.07 Discrimination Complaint Resolution.

Nicolet Area Technical College appoints an Affirmative Action/EEO Officer whose responsibilities include developing and implementing the Affirmative Action Plan, and monitoring compliance.  Responsibilities of the Officer include: developing a written Affirmative Action Plan, monitoring internal and external communication procedures, collecting and analyzing employment and student data, identifying problem areas, setting goals and timetables, developing and implementing programs to eliminate discriminatory practices, designing and implementing an internal monitoring system, and submitting compliance plans and reports to the Wisconsin Technical College System Board Affirmative Action/EEO Officer.

The Vice President of Finance and Administration will establish an AA/EEO Advisory Committee for the purpose of active participation in the implementation of programs under the Affirmative Action Plan and outreach efforts for students and employees.  This committee membership will be reviewed annually and updated.  The Vice President of Finance and Administration will convene a meeting of the AA/EEO Advisory Committee as necessary to achieve this goal.

Nicolet Area Technical College reaffirms its policy of administering all educational programs and related supporting services and benefits in a manner which does not discriminate on the basis of a student's or prospective student's race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.  Organizational structures and procedures have been established to assure equal treatment and equal access to the facilities and educational benefits of the institution to all students.

Any questions concerning Affirmative Action or Equal Opportunity should be directed to the EEO Officer, Nicolet Area Technical College, PO Box 518, Rhinelander, WI 54501. Email: KAschenbrenner@nicoletcollege.edu Telephone (715) 365-4550; direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529

Title: Anti-Harassment and Nondiscrimination
Number: BP 4.02
Adopted: March 1995
Reviewed: September 2020
Revised: August 2020

Nicolet Area Technical College maintains fair and impartial relations with employees, applicants for employment, and students without regard to race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.

Nicolet Area Technical College seeks continuous compliance with the following laws: Title VI and VII of the 1964 Civil Rights Act as amended, Age Discrimination in Employment Act of 1975, the Americans with Disabilities Act of 1990, Equal Pay Act of 1963 as amended, Title IX of the 1972 Education Amendments, Section 504 of the 1973 Rehabilitation Act, Wisconsin Fair Employment Law, the 1976 Vocational Education Amendments, and the Office of Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Career and Technical Education Programs (34 CFR, Part 100, Appendix B).

All educational programs and related support services and benefits will be administered in a manner which does not unlawfully discriminate.

In compliance with Federal and State law, Nicolet Area Technical College will not tolerate harassment by its employees or non-employees. Pursuant to Title VII of the 1964 Civil Rights Act as amended, the following forms of harassment are prohibited.  Nicolet Area Technical College prohibits harassment by supervisors, co-workers, and non-employees on the basis of sex, race, color, national origin, disability, sexual orientation, gender identity, military status or any other protected status.

The College also prohibits sexual violence, unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

2. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment (i.e., performance appraisals, compensation, advancement, or any other term or condition of employment or career development); or

3. Such conduct, determined by a reasonable person that has the purpose or effect of creating an intimidating, or hostile, or objectively offensive working environment.

Also included is the prohibition of the introduction of unwarranted and harmful emphasis on the sex of a student in a formal student/institutional relationship, including but not limited to student/faculty, student/counselor or student/administrator, the intent or effect of which is to create an intimidating, hostile, or offensive academic environment.

Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following:

• Unwanted or offensive comments, slurs, jokes, letters, poems, or e-mail or voice-mail messages regarding race, color, religion, sex, national origin, age, disability, or any other legally protected status.
• Foul or obscene language.
• Sexually oriented or explicit remarks, including written or oral references to sexual conduct, gossip regarding one’s sex life, body, sexual activities, deficiencies, or prowess.
• Questions about one’s sex life or experiences.
• Repeated unwelcome sexual flirtations or repeated unwelcome requests for dates.
• Suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons.
• Inappropriate touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, brushing against another’s body, grabbing, groping, kissing, or fondling.
• Leering, staring, stalking.
• Sexual favors in return for employment rewards, or threats if sexual favors are not provided.

Sexual violence including rape, assault, battery, and coercion.

Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:

• A Nicolet College employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
• Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity;
• Sexual assault, including the following:
  • Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
  • Rape
  • Sodomy
  • Sexual assault with an object
  • Fondling
  • Incest
  • Statutory rape
  • Dating violence
  • Domestic violence
  • Stalking

Any employee who experiences any job-related harassment based on race, color, religion, sex, national origin, age, disability, or status in any group protected by state or local law, or believes that he or she has been treated in an unlawful, discriminatory manner should immediately report any such incident to the employee’s supervisor or the Vice President of Finance and Administration.  Employees filing discrimination or harassment complaints should follow the process in the Discrimination Complaint Resolution Policy.

The College treats all claims of harassment and discrimination seriously. All complaints will be investigated promptly and all actions taken to resolve such complaints shall be conducted as confidentially as possible. The College strictly prohibits any form of retaliation against any employee for filing a complaint or for assisting in a complaint investigation.  Any employee who believes that he or she has been subjected to retaliation in violation of this policy should immediately report the retaliation to the Vice President of Finance and Administration.

Any questions concerning Affirmative Action or Equal Opportunity should be directed to the EEO Officer,
Nicolet Area Technical College, PO Box 518, Rhinelander, WI 54501. 
Email KAschenbrenner@nicoletcollege.edu
Telephone (715) 365-4550; direct
TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529

Any employee who is found, after appropriate investigation, to have violated this policy will be subject to appropriate action, up to and including terminatio.

Title: Employee Complaint and Appeal Procedure
Number: BP 4.04
Adopted: October 2011
Reviewed: September 2020
Revised: November 2015

The purpose of this document is to establish an administrative complaint and appeal procedure with respect to discipline and workplace safety consistent with Sec. 66.0509 (1m) of the Wisconsin Statutes.  This document applies when an employee (“complainant” as defined below) believes that he or she has been subjected to unfair or illegal discipline and/or unsafe working conditions  (as  defined  below)  provided  the  alleged  wrongful  behavior  had  a  significant connection to employment of complainant and the activities of the College.

To the extent that the provisions of Sec. 118.22, Wis. Stats are applicable, those statutory procedures shall be followed as required by law.

Definition

“Discipline” for the purposes of this procedure is defined as disciplinary demotion, suspension without pay, or disciplinary termination.

“Discipline” under this policy shall not include:

• Voluntary termination;
• An employee’s termination from work which was temporary, or limited term;
• Retirement;
• Layoff or failure to be recalled from layoff;
• Termination due to lack of work or position elimination;
• Any action taken due to lack of qualifications or license/certification for the position (WTCS or occupation related);
• Medical inability to perform the functions of the position;
• Transfer;
• Change in assignment or location;
• Awarding, reassignment or assignment of work (including amount of work);
• Hiring or selection decisions;
• Reorganization;
• Administrative leave (unpaid or paid); however, any discipline related to an administrative leave may be appealed using this process and any remedy requested may address the period of unpaid leave; or
• Actions taken to address work performance including providing guidance, counseling, or evaluation.

“Workplace safety” is defined as conditions of employment affecting an employee’s physical health or safety, the safe operation of workplace equipment and tools, safety of the physical work environment, and personal protective equipment. This complaint procedure does not apply to an appeal of a determination by a state or federal agency or regulatory body relating to workplace safety involving a College employee.

“Complainant” is defined as a full-time, part-time, project, or limited term College employee, on the payroll of Nicolet Area Technical College who has a personal complaint as defined in this procedure. This procedure does not apply to student employees. At the College’s discretion, personal and individual written complaints with the same or sufficiently similar underlying facts and policy issues may be combined at any step in the proceeding.

“Complaint” is defined as any written allegation of impropriety regarding discipline or workplace safety as defined in this procedure.   The written signed complaint shall include a clear and concise statement of the facts upon which the complaint is based, the specific policies alleged to have been violated if any, and the relief sought.  If mutually agreed upon by both parties, written complaints with  the  same  or  sufficiently similar  underlying  facts  and  policy  issues  may  be combined at any time.

“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.

Procedure

Step 1

An issue related to employee discipline, or workplace safety as defined in this procedure should be discussed informally with the complainant’s immediate supervisor within ten (10) days after the facts upon which the complaint is based first occurred. The supervisor will meet with the complainant within seven (7) days, and provide his or her written response within ten (10) days of the meeting.  At the option of the College, a complaint relating to employee discipline may be referred to be initiated at Step 2.   In such case the complaint must be filed as specified in Step 2 within ten (10) days after the facts upon which the complaint is based first occurred.

Step 2

The complainant may, within seven (7) days after receipt of the written response of the immediate supervisor, request a review of the decision of his or her supervisor in writing to the Executive Vice President of Academic and Student Affairs or designee. The complainant shall provide, in writing, full and complete information on the facts underlying the complaint and the policy alleged to have been violated. The College may provide a written statement with supporting documents.

A.  Review of Complaint

The Executive Vice President or designee, within seven (7) days of receipt of the request for review, shall review the complaint to determine whether the complaint is valid. Validity is not a determination of whether or not the actions that gave rise to the complaint occurred, but whether or not the action underlying the complaint is within the scope of the complaint procedure.  The Executive Vice President or designee shall establish validity upon determining all of the following:

• That the complaint involves discipline or workplace safety as defined in this procedure;
• That the alleged conduct had a significant connection to the employment of the individual complainant and activities of the College;
• That the complainant is a College employee as defined in this procedure; and
• That the complainant was the party harmed by the activity or action set forth in the complaint.

If the Executive Vice President or designee concludes that the complaint lacks validity, he or she shall dismiss the complaint.  The complainant shall be notified of such dismissal within seven (7) days of such decision.

B.  Meeting Regarding Merits

If the Executive Vice President or designee concludes the complaint is valid, he or she may meet with the complainant and/or other College personnel within ten (10) days of receipt of the request for review to evaluate the merits. The Executive Vice President or designee shall provide a written decision on the merits of the complaint within fifteen (15) days after the meeting.

The written complaint may not be amended following this decision; however, the remedy requested may be modified at any time without prejudice to the complainant’s position in the appeal.

If the Executive Vice President or designee finds that there was no violation, he or she will dismiss the complaint.  The Executive Vice President or designee shall uphold the decision if it was not arbitrary or capricious.

At any point in the investigation, the Executive Vice President or designee may attempt to conciliate the informal complaint through contact with all parties involved. Any agreement reached shall be in writing and signed by all parties involved.  This agreement shall be final and binding on the parties.

Step 3

The complainant or the College may submit a written request for a hearing on the Executive Vice President or designee’s decision with regard to merit within seven (7) days of the written response from the Executive Vice President or designee.  The written request for a hearing shall state the specific basis for disagreement with the decision of the Executive Vice President or designee and shall be submitted to the Vice President of Finance and Administration.  Upon receipt of the request, the College shall retain the services of an Independent Hearing Officer (IHO) and a hearing shall be scheduled within thirty (30) days.   After selection of the IHO, the hearing will be conducted according to procedures established by the College in advance.

A record of the hearing shall be made and any related cost will be equally shared between the College and the complainant.  The complainant shall have the burden of proof that the complaint is meritorious, which must be shown by evidence that is clear, satisfactory, and convincing.  In his or her written decision, the IHO shall make relevant findings of fact, shall decide for or against the complainant, and state his or her reasons.  The decision of the IHO shall be limited to the issues raised in the complaint.  The IHO shall overturn the decision of the College if the decision was arbitrary or capricious.  The IHO shall have no authority to add to, modify, or delete from the policies of the College. If the IHO rules in favor of the complainant, the IHO will determine the appropriate remedy.  The IHO’s decision will be provided in writing to the parties within thirty (30) days of the hearing.

Step 4

Either party may, within seven (7) days after receipt of the written decision of the IHO, appeal the decision of the IHO to the Nicolet College Board of Trustees by filing a written appeal specifically stating the basis for contesting the findings and/or decision of the IHO. The appeal shall be filed with the Executive Administrative Assistant to the President and the other party simultaneously.   The other party may submit a supplementary statement for Board consideration. No new evidence can be submitted by either party. Upon receipt of a request for an appeal, the College will provide a record of the IHO hearing for use by the Board. Upon receiving the record, the Board shall schedule a record review within thirty (30) days.  The deliberations will be conducted according to procedures established by the Board.  The Board shall overturn the decision of the IHO if the decision was arbitrary or capricious.

The Board shall issue its written decision within fifteen (15) days following the conclusion of the Board’s deliberations.   The decision shall be by simple majority vote and shall be limited to holding for or against the appealing party.   The decision shall be limited to the precise issue raised in the written appeal and shall be final and binding.

Timeline Requirements

If the College fails to give a written answer at Steps 1 or 2 within the designated timeframe, the complainant may immediately proceed to the next step.  Failure by complainant 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.

The written complaint must state the reason(s) why the appealing party disagrees with the action or decision in the underlying step of this procedure, or the complaint will not move forward.

Representation

Either party may utilize a designated representative at their own expense.

Confidentiality

All participants in all proceedings under this procedure shall observe confidentiality to the extent reasonably possible.

Nicolet College Board Complaint Hearing Procedures

Before the Independent Hearing Officer

A hearing of a complaint from a decision by the College will be conducted by the Independent Hearing Officer (IHO) designated by the College pursuant to Board policy Complaint Procedure – Discipline and Safety.

During the conduct of the hearing, all attendees will be required to refrain from in any way interfering with or disturbing the hearing.  Anyone interfering with or disturbing the hearing will be removed from the premises.

Appearances and attendance will be recorded.  A transcript will be prepared for the hearing, and the College and the complainant shall share the costs equally.

All witnesses will be sworn.

The rules of evidence to be applied shall be reasonably determined by the IHO.

All questions shall be directed to the IHO exclusively by the College and Complainant or designated representatives.

The parties will each be limited to a maximum of 2 hours to present their case including opening statements, direct-examination of witness, closing arguments and rebuttals.  Time limits may be altered at the discretion of the IHO but only for good cause.  The IHO will use his/her discretion in extending the length of time allowed for proceedings based on the testimony presented.

The order of presentation will be as follows:

1. Each side, if they choose, may make an opening and closing statement.
2. Any appropriate stipulation as to facts agreed to by the parties will be accepted by the IHO and made part of the record.
3. While neither party is required to present witnesses, if used they will be sworn. Any witness presented by the party proceeding will be subject to cross-examination by the opposing party at the conclusion of his/her testimony.
4. After the conclusion of the examination of each witness by each of the parties and/or their representative, the IHO may ask questions. The IHO may ask the parties if the IHO’s questions give rise to additional questions.
5. The opposing party may then call witnesses for his/her case in chief related to the issue in this proceeding. Thereafter, subsections 8(d) and (e) will be repeated.
6. Rebuttal witnesses will be allowed as necessary.

All exhibits which either party intends to use for its presentation must be submitted to the IHO and the opposing party or their representative at least seven (7) calendar days before the date of the hearing. The only other exhibits which will be utilized are rebuttal exhibits which have a direct relationship to the issue and were not anticipated.  A list of witnesses must also be submitted by both parties to the IHO, and the opposing party or their representative at least seven (7) calendar days before the date of the hearing.  In addition, the Independent Hearing Officer may require that the College and the complainant provide the nature of the witnesses anticipated testimony.

All documents referred to by either party or any witness during the course of the hearing will be marked as an exhibit and made part of the record.  Parties must pre-mark all exhibits in order to expedite the process.

Both the Complainant and the College may be represented by a designated representative and may compel the attendance of witnesses by subpoenas which shall be issued by the IHO on request. The designated representatives(s) are required to serve subpoenas no later than seven (7) calendar days prior to the first day of the hearing.  Proper service of subpoenas will be the responsibility of the requesting party. Copies of the subpoenas issued will also be served on the other party and the IHO no later than the time it is served on the other party.

Each party will designate one spokesperson to conduct various portions of the hearing (for example motions, correspondence, examination of witnesses, opening statement, closing statement, questions to the IHO, etc.)

After all the evidence has been presented concerning the complaint, the IHO may, at his/her sole discretion, allow parties to file written statements setting forth their respective positions. Written statements will only be allowed in those isolated circumstances wherein the IHO will require additional guidance.  A time frame for such filing and mutual exchange of written statements shall be established by the IHO.  The IHO must issue a written decision as provided in Step 3.  That is, consistent with the College policy, the decision of the IHO shall be based on a determination of whether the decision of the College at Step 1 was arbitrary or capricious.

All correspondence will be conducted via email unless otherwise agreed upon. The IHO may make changes to the mailing process as needed.

Nicolet College Complaint and Appeal Procedures for the District Board of Trustees

Per the Nicolet College Employee Complaint and Appeal Procedure for Discipline and Workplace Safety Issues Pursuant to Wis. Stats. Sec. 66.0509 Board Policy 4.04, either party may, within seven (7) days after receipt of the written decision of the Independent Hearing Officer (IHO), appeal the decision of the IHO to the Nicolet Area Technical College District Board of Trustees (Board) by filing a written appeal specifically stating the basis for contesting the findings and/or decision of the IHO.  The written appeal shall be filed with the Executive Administrative Assistant to the President. This record review procedure relates only to a complaint submitted under this policy.

Neither party in the appeal may engage in communication with any Board member(s) on any substantive issues. Board members must not discuss the complaint with any person prior to the review.

The Board may designate a person to handle all procedural issues and communications associated with this appeal.  The procedures below may be modified at the option of the Board, so long as they are consistent with Board Policy 4.04.

Procedures

1. Upon receipt of a written request for an appeal of the decision of the IHO to the Board, the College will provide a record of the IHO hearing for use by the Board.   Copies of all documents and the record from the proceedings before the IHO will be made available to the Board members at least ten (10) days prior to the meeting.

2.      Upon receipt of the record, the Board Chair shall schedule the review within thirty (30) days. Board deliberations will be conducted in closed session.  Only Board members and the Board’s legal counsel shall be present.

3.      The Board must consider only evidence submitted during the hearing before the IHO.

4.      At its sole discretion, the Board may request clarification from the IHO prior to the scheduled deliberations.

5.      The Board shall overturn the decision of the IHO if the decision was arbitrary or capricious.

6.      The decision shall be by simple majority vote of the Board and shall be limited to holding for or against the appealing party.  The decision shall be limited to the precise issue raised in the appeal and shall be final and binding

7.      The Board shall issue a written decision within fifteen (15) days following the conclusion of the Board’s review.

Title: Access for Students with Disabilities
Number: BP 4.05
Adopted: March 1995
Reviewed: September 2015
Revised: October 2018

It is the intent of Nicolet Area Technical College to fully comply with section 504 of the Vocational Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) by providing prospective and enrolled students with disabilities equal access to College services and programs.  Disability Support Services is responsible for the determination and provision of reasonable accommodations for prospective and enrolled students with disabilities.  The ADA/504 Coordinator will ensure that students with disabilities are provided access to and participation in Nicolet Area Technical College's educational environment.

Admission of a disability is voluntary and will be handled in a confidential manner as outlined in Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and the Family Educational Rights and Privacy Act of 1974, as amended.

Procedure for Accessing Reasonable Accommodations for Students with Disabilities

1. All prospective and enrolled students will be informed of the College policy of providing reasonable accommodations for persons with disabilities.  This information will be disseminated by the College.

2. Students will not be asked if they have a disability.  However, all students who voluntarily indicate that they have a disability may be asked follow-up questions regarding possible accommodations, or they may be referred to Disability Support Services for further assistance as needed.

3. Any student who becomes disabled during his/her enrollment or attendance at the College may request reasonable accommodations at any time.

Eligibility for Accommodation

Students with disabilities formally requesting accommodations must be referred to Disability Support Services. The Disability Support Services staff will work with the student to obtain specific documentation of their disability that is necessary to provide services. Reports from medical doctors, licensed psychologists, the Division of Vocational Rehabilitation, any licensed/certified social service agency, or high school Multi-Disciplinary Team Report (M-Team) are acceptable.  To ensure auxiliary aids are available to meet students' and prospective students' needs, students must contact Disability Support Services as soon as possible, but no later than ten (10) calendar days prior to the first day the service is needed.

Students in need of specialized personal care such as toileting, feeding, wheelchair pushing, and medicating will be expected to have these needs provided by an agent or agency other than Nicolet Area Technical College.

Types of Reasonable Accommodations

1. Reasonable accommodations at the College can include but are not limited to any or all of the following:  barrier-free design of facilities, academic modifications (reduced course loads, additional time to complete assignments/examinations, course substitutions), examination auxiliary services (interpreters, note takers, tutors, scribes, readers), access technology (large print, audible and/or Braille output devices), and alternative scheduling at various times and locations.

2. Designated faculty and staff in Disability Support Services are responsible for evaluating the type and amount of accommodations required for students with disabilities.  Referrals to Disability Support Services can be made by an instructor or through student self-referral after students have been admitted/registered in classes.  Disability Support Services staff will meet with the instructor and student to determine what services/accommodations will be provided.  All reasonable accommodations are provided at no charge to the student.

THE APPEAL PROCESS

If a student/prospective student disagrees with a decision regarding an accommodation request, he/she may appeal the decision to the ADA/504 Coordinator or designee within thirty (30) calendar days using the following procedure:

The appeal must be in writing, stating the reason for the disagreement.  This written appeal should be submitted to:

ADA/504 Coordinator-Students
Nicolet Area Technical College
PO Box 518
Rhinelander, WI 54501
Ph. 715-365-4448
Direct TTY/TDD calls to (715) 365-4560 through 711 relay or 1-800-947-3529
Email: ltushoski@nicoletcollege.edu

During the appeal process, reasonable accommodations will continue to be provided.

1. The ADA/504 Coordinator will re-evaluate the decision, considering any additional information or statements supplied by the prospective student or student (including any additional information from remedial or vocational rehabilitation experts).  It is the student's responsibility to provide all necessary documentation at his/her own expense in support of their appeal.

2. The ADA/504 Coordinator may elect to use the assistance of an appointed accommodations committee which may consult with outside agencies in the appeal process, taking care to provide confidentiality for the student/prospective student.

3. The ADA/504 Accommodations Committee will discuss its findings and make recommendations for appropriate action to the ADA/504 Coordinator, and he/she will make the final appeal decision.

4. The student/prospective student will be notified of the final decision in writing within thirty (30) calendar days after the appeal is filed.

By filing this appeal, the student/prospective student does not give up his/her right to pursue other appeal processes within the College or through outside regulatory agencies.

Title: Assistance for Employees with Disabilities
Number: BP 4.06
Adopted: March 1995
Reviewed: September 2020
Revised: October 2018

Nicolet Area Technical College is a postsecondary, technical and liberal arts/transfer institution engaged in the education and training of students in a variety of academic and technical fields.  Physical facilities have been modified to allow access for individuals with disabilities.  Nicolet Area Technical College provides reasonable and appropriate accommodations for individuals with disabilities.  Students in need of accommodations for a disability should refer to BP 4.05 Access for Students with Disabilities.

Employees who are in need of specialized personal care such as toileting, feeding, wheelchair pushing, and medicating will be expected to have these needs provided by an agent or agency other than Nicolet Area Technical College.

Employees in need of assistance or accommodations for disabilities should contact the Vice President of Finance and Administration.  Nicolet Area Technical College engages in dialogue with employees who may need accommodations, and the College will attempt to accommodate employees’ needs.  Employees requesting accommodation may be asked to provide the College with specific documentation of their disability.  Reports from medical doctors, licensed psychologists, the Division of Vocational Rehabilitation, or any licensed/certified social service agency are acceptable.

THE APPEAL PROCESS

If an employee disagrees with a decision regarding an accommodation request, he/she may appeal the decision to the ADA/504 Coordinator or designee within thirty (30) calendar days using the following procedure:

The appeal must be in writing, stating the reason for the disagreement.  This written appeal should be submitted to:

ADA/504 Coordinator-Employees
Nicolet Area Technical College
P.O. Box 518 Rhinelander, WI 54501
Phone: (715) 365-4550
Direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Fax: (715) 365-4460
Email: KAschenbrenner@nicoletcollege.edu

During the appeal process, the recommended accommodations will continue to be provided.

1. The ADA/504 Coordinator will re-evaluate the decision, considering any additional information or statements supplied by the employee (including any additional information from remedial or vocational rehabilitation experts).  It is the employee's responsibility to provide all necessary documentation at his/her own expense in support of the appeal.
2. The ADA/504 Coordinator may elect to use the assistance of an accommodations committee.  The ADA/504 Accommodations Committee may consult with outside agencies in the appeal process, taking care to provide confidentiality for the employee.
3. The ADA/504 Accommodations Committee will discuss its findings and make recommendations for appropriate action to the ADA/504 Coordinator, and he/she will make the final appeal decision.
4. The employee will be notified of the final decision in writing within thirty (30) calendar days after the appeal is filed.

By filing this appeal, the employee does not give up his/her right to pursue other appeal processes within the College or through outside regulatory agencies.

Title: Discrimination Complaint Resolution
Number: BP 4.07
Adopted: March 1995
Reviewed: September 2020
Revised: April 2018

Nicolet Area Technical College maintains fair and impartial relations with employees, applicants for employment, and students without regard to race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation or any other protected status. Discrimination by supervisors, co-workers, or students on the basis of race, sex, national origin, disability or any other protected status is prohibited by the Board of Trustees. Affirmative Action efforts will be required for individuals with protected statuses, and persons with disabilities in educational programs and in job categories. Appropriate sanctions and preventive measures will be used to eliminate discrimination.

Nicolet Area Technical College seeks continuous compliance with the following EEO/AA laws and executive orders: Title VI and VII of the Civil Rights Act of 1964 as amended, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act, the Americans With Disabilities Act of 1990 as amended, the Civil Rights Act of 1991, the Carl D. Perkins Vocational and Technical Education Act, the Equal Pay Act of 1963 as amended, the Age Discrimination Acts of 1967, 1975, and 2010, the Civil Rights Restoration Act of 1987, the Wisconsin Fair Employment Law, other appropriate laws and executive orders and/or administrative directives and codes including the Office for Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, national Origin, Sex, and Handicap in Career Technical Education Programs (34 CFR, Part 100, Appendix B).

Equal opportunity as required in Chapter 38 of the Wisconsin Statutes and the Wisconsin Fair Employment Law under Sec. 111.31-111.395 Wis. Stats. is for all persons regardless of political affiliation, age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender identity, arrest or conviction record, service in the armed forces, genetic testing, and the use or non-use of lawful products off the employer's premises during non- working hours.

Discrimination is defined as disparate treatment in any service, program, course or facility of Nicolet Area Technical College based on any protected status. Employees and students of Nicolet Area Technical College wishing to file a complaint alleging any act of discrimination in violation of equal employment or education laws or policies shall do so directly with the Vice President of Finance & Administration (EEO/Affirmative Action Officer). For employment purposes, this policy covers all personnel transactions in job classification, placement, assignment, training, promotion, termination, salary, conditions of work, leave and other employment policies.

Students are covered by this policy in all educational programs and activities, recruitment, admissions, financial aid, counseling, access to course offerings, instruction, athletics, facilities, and student employment.

Complaints involving alleged rape, acquaintance rape, sexual assault, sexual harassment, domestic violence, dating violence or stalking may be handled per AP 3.07 Title IX and Violence Against Women Act/Clery Compliance.

Discrimination Complaint Procedure:

1. Discrimination complaints must be filed in writing and include the following information:
2. Name
3. Contact information (address, phone, email)
4. Date of the alleged incident
5. Persons involved in alleged discrimination
6. Description of the alleged incident
7. Witnesses to the alleged discrimination
8. Relief sought
9. Written discrimination complaints should be sent to: Vice President of Finance and Administration

Nicolet Area Technical College
P.O. Box 518 Rhinelander, WI 54501 Phone: (715) 365-4550
Direct TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Fax:  (715) 365-4460
Email: KAschenbrenner@nicoletcollege.edu

If the discrimination complaint involves a member of the Vice President of Administration, the written complaint should be sent to the Executive Vice President of Academic and Student Affairs or designee.

Retaliation against anyone filing a discrimination complaint under this policy is prohibited. While the most effective and timely remedies are available through this College process, the filing of a complaint under this policy does not preclude a person's right to seek remedies through avenues outside the institution.

The College encourages reporting of any discrimination complaint within 30 days to facilitate a prompt and thorough investigation of the facts and circumstances involved. Under Wisconsin Law, any staff member or student who believes he/she has been discriminated against or who alleges discrimination has occurred in violation of this policy may also file a complaint with the Equal Rights Division of the Wisconsin Department of Workforce Development within 300 days of the alleged violation.

Notification:

Within five (5) working days after a discrimination complaint is filed, the Vice President of Finance and Administration will notify the President and the respondent that a complaint of discrimination has been filed, and of his/her intent to investigate the complaint.

Investigation & Decision:

1. Within ten (10) days of receiving a discrimination complaint, the Vice President of Administration will investigate the allegations and issue a written notice of his/her findings to the parties involved.
2. If the complainant is not satisfied with the decision, he/she may appeal the decision to the Executive Vice President or designee within ten (10) days of that determination. The appeal must be in writing and specify in detail what findings, recommendations, or other aspects of the determination are being appealed.

Appeal to the Executive Vice President:

The Executive Vice President or designee will meet with the relevant parties and will issue a decision within ten (10) days of receiving the appeal. Copies of the decision will be sent to the parties involved and the Vice President of Administration. The decision of the Executive Vice President or designee is final, and there shall be no further appeal of the matter internally.

Consequences of Discrimination:

Employees who discriminate against students or other employees will be subject to appropriate disciplinary action up to and including termination pursuant to relevant policies. Students who discriminate against other students will be subject to disciplinary action pursuant to student disciplinary processes.

Title: Accommodation of Student Religious Beliefs
Number: BP 4.08
Adopted: March 1995
Reviewed: September 2015
Revised: November 2015

Nicolet Area Technical College directs the College to reasonably accommodate a student's sincerely held religious beliefs with regard to examinations and other academic requirements.  It is the responsibility of all Nicolet employees to be sensitive to and accommodate the religious beliefs of students.

The Executive Vice President of Academic and Student Affairs will be responsible for notifying all students, parents or guardians of minor students, and instructors of the existence of this policy.  New students will be notified of this policy by information in the Nicolet College catalog or on the Nicolet College website.

Students must notify instructors of a potential conflict with scheduling an examination or other academic requirement relating to their sincerely held religious beliefs at least five (5) days in advance of anticipated absence by sending or handing an instructor a confidential letter outlining the potential conflict.  Instructors who receive such information regarding potential conflicts shall permit a student to make up an examination and/or other academic requirement at a different time or by alternate means without any prejudicial effect upon the student. The student must fulfill the missed academic requirement within thirty (30) days of the date which the potential conflict with religious beliefs occurred.

PROCEDURE

Students who allege they have not been reasonably accommodated concerning their religious beliefs may file a complaint following the procedure in the Discrimination Complaint Resolution Policy.

 

 

Title: Safety and Security
Number: BP 5.01
Adopted: March 1995
Reviewed: September 2020
Revised: March 2012

The Nicolet Area Technical College District Board of Trustees (Board) is committed to maintaining a safe and secure environment of the College community and authorizes all appropriate measures to carry out this commitment.  The Board does hereby direct the administration of the College to ensure oversight of the development, implementation, and review of the College’s safety and security functions.  The Board also gives administration the authority to exercise the necessary measures to maintain individual safety and the security of properties under the control of the College.

The Board authorizes College administration to organize and codify policies and procedures related to the safety and security of the College.  The safety and security policies and procedures need to assure the College is in compliance with all mandated measures in Federal law (i.e., Jeanne Cleary Act).  The safety and security policies and procedures will not supersede or override any ruling of any Federal, or State Agencies, nor shall such policies and procedures be applicable if contrary to law.

Emergency Response

The Board directs College administration to develop an Emergency Response Plan to assist in the College’s safety and security functioning.  College administration also appoints an Emergency Response Team (ERT) to assist in the College’s safety and security functioning.  The ERT has the following responsibilities:

• In the event of a College emergency, available ERT members will assemble quickly to assess the situation and decide on appropriate action.
• In a situation prohibiting team assembly, individual ERT members may take appropriate steps to ensure safety.
• Any member of the ERT may call for evacuation of a building, send students and staff to emergency shelters, take other appropriate actions outlined in the College’s Emergency Response Plan, or initiate contact with law enforcement or emergency personnel.

Campus Safety and Security

The Board directs College administration to develop a Campus Safety Program in compliance with OSHA, NFPA, and Wisconsin requirements to assist in the College’s safety functioning.  College administration also appoints the Director of Risk, Compliance, and Safety to be charged with oversight of the College’s safety and security.  The Director of Risk, Compliance, and Safety reports directly to the Executive Leadership Team (ELT), making recommendations to the ELT on all safety and security compliance issues.

The primary purpose of the Safety and Security Committee is the prevention of injury, illness, loss of life, and loss of property.  The Safety and Security Committee has the following responsibilities:

• Monitor all pertinent state and federal safety and security standards and recommend compliance action when needed.
• Recommend appropriate training for staff and students on various safety and security issues.
• Ensure the College is in compliance with the Americans with Disabilities Act and Title 504 accessibility standards and requirements.
• Ensure that identified risk-loss prevention issues are addressed.
• Ensure that all security issues are also addressed.
• Review and recommend changes and/or additions to all safety and security policies.
• Review all information forwarded from the Emergency Response Team regarding the handling of incident responses.
• Review the Emergency Response Plan and Campus Safety Program annually and recommend any changes and/or additions to the plan and program.
• Develop a communication plan to disseminate information related to timely warnings of potential emergency safety and security issues.
• Develop various methods to ensure the communication of the safety and security policies, and recommended emergency procedures to employees of the College.
• Address ways to disseminate the appropriate content of the policies, and recommended emergency procedures to the students and the general public.

CARE Team

The Board directs College administration to appoint a CARE Team, which will be chaired by the Administrator responsible for oversight of the College’s safety and security.  The CARE Team has the following responsibilities:

• Provide for the welfare, safety and security of all of students, faculty, and staff.
• Provide an environment where individuals are free to work and learn unencumbered and uninhibited by threats of intimidation and harm.
• Serve as a group that receives reports of all concerning behaviors from students and/or staff, and determine whether there may be an issue to monitor and/or address.

The safety and security policies, procedures, programs, and plans shall be continuously updated to reflect changes incorporated by the Board, State, and Federal legal rulings.

Title: Possession and Use of Weapons
Number: BP 5.02
Adopted: October 2011
Reviewed: September 2020
Revised: November 2015

This policy is part of the College’s commitment to provide a safe working and learning environment for all members of the College community including visitors. To that end, the College exercises its rights to prohibit the possession of weapons as allowed under Wisconsin State Law.

Definitions

“College buildings” include all buildings that the College owns, leases, occupies or controls, whether on a temporary or permanent basis.

“Special events” means an event that is open to the public, is for a duration of not more than three (3) weeks, and either has designated entrances to and from the event that are locked when the event is closed, or requires admission. [943.13(1e)(h)]

“Weapons” means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm, any electric weapon, as defined in [941.295(4)]; or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

“Illegal weapons” means items that are illegal to possess as defined by Wisconsin State Statutes.  These include the following:

• switch blade knives (941.24)
• short barreled shotguns and rifles (941.28)
• machine guns (941.27)
• firearm silencers (941.298)
• teargas, mace or similar substances except for pepper spray [941.26(1)(b)]

Illegal Weapons

The use, concealment, creation, manufacture, or possession of illegal weapons on any College grounds, facilities, College buildings, or at College sponsored functions held on public or private property is strictly prohibited.

Weapons in College Buildings and College Vehicles

The use, concealment, creation, manufacture, or possession of weapons in College buildings and College vehicles is strictly prohibited.

Prohibition of Weapons at Special Events

The use, concealment, creation, manufacture, or possession of weapons at special events is strictly prohibited.

Possession of Weapons by Employees

Employees are prohibited from possessing weapons while acting as an employee, except while in their own personal vehicle as allowed under Wisconsin State Statute.

Storage of Weapons in Unattended Vehicles on Campus Grounds

Weapons which are left unattended in vehicles in parking lots controlled by the College should be out of sight in a locked car:

• unloaded and encased: or
• in a locked gun rack.

Certain Individuals Prohibited from Possessing Weapons

Individuals who are prohibited from possessing firearms and/or other weapons by Local, State, or Federal laws or by a court order are strictly prohibited from possessing said weapons (as defined in the applicable law and/or court order) on any College grounds, facilities, or College buildings, or at College sponsored functions held on public or private property. This applies  even if the individual is participating in a College sponsored course or program that has a component of the instruction authorizing the use of weapons.

Compliance with Applicable Laws

Individuals who are in possession of weapons in areas not prohibited must comply with applicable Local, State, and Federal laws.

Possession of Weapons at Non-College Controlled Locations

Employees and students must adhere to all applicable Local, State, and Federal laws, and all applicable policy and procedures of other entities related to the possession of weapons of any other employer or property owner at any alternative site.

Exceptions

The general prohibitions above do not apply to:

1. sworn law enforcement officers, whether on or off duty;
2. members of the armed forces on active duty;
3. instructors and students for training purposes, consistent with specific program practices  and procedures, when authorized;
4. individuals authorized by the College President or designee.

Right to Search

The College reserves the right to search employee desks, lockers, and any other work areas. Law enforcement will be engaged for individuals believed to be in violation of this policy.

Violation of this Policy

Any and all students, employees or guests who are found to be in violation of this policy will be referred to campus security and/or local law enforcement authorities.

Security staff will notify the Director of Risk, Compliance, and Security/Title IX Coordinator and/or the Emergency Response Team of the reported incident immediately.

Violators may be banned from any College grounds, facilities, or College buildings, or at College sponsored functions held on public or private property.

Any student or employee involved in a violation of this policy will be subject to the College’s disciplinary procedures up to and including termination of employment or expulsion from the College.

The State of Wisconsin revised or amended statutes may supersede this policy and the current laws shall be adhered to at that time.