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.