Jul 15, 2019  
2019-2020 Catalog 
  
2019-2020 Catalog

Important Legal Information


 

Student Privacy Rights

The Family Educational Rights and Privacy Act of 1974 (FERPA), commonly known as the Buckley Amendment, affords students certain rights with respect to their education records. The Act helps protect the privacy of your records by requiring that PCC limits the disclosure of information from these records to third persons, as well as notify you of the right to review and correct your records.

Pueblo Community College (PCC) may release the following directory information about you to the public:

  • Student name
  • Major field of study
  • Dates of attendance
  • Degrees and awards received
  • Enrollment status (full time, part-time, etc.)
  • Most recent educational institution attended
  • Participation in officially recognized activities and sports
  • Height and weight (only for students in officially recognized activities and sports)

PCC Notification of Rights under the Family Educational Rights and Privacy Act (FERPA) of 1974. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. FERPA rights are afforded to the students at the time of admission. These rights include:

The right to inspect and review the student’s education records within 45 days of the day PCC receives a request for access. A student should submit to the Records Office a written request that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, staff shall advise the student of the correct official to whom the request should be addressed.

The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading or otherwise in violation of the student’s privacy rights. A student who wishes to ask PCC to amend a record should write the Registrar (who will notify the college official responsible for the record), clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The right to provide written consent before PCC discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to College officials with legitimate educational interests. A College official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted as its agent to provide a service instead of using college employees or officials (such as an attorney, auditor or collection agent); a person serving on the College Board; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. PCC has designated the National Student Clearinghouse as a College official. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. Upon request, the College discloses education records, without a student’s consent, to officials of another school, in which a student seeks or intends to enroll, or after enrollment. The College may share educational records to parents in the following circumstances: for a student who is dependent under IRS tax code; a student under 21 years old who has violated a law or the school’s rules or policies governing alcohol or substance abuse; and when the information is needed to protect the health or safety of the student or other individuals in an emergency.

FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use. As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records – including the Social Security Number, grades or other private information – may be accessed without your consent. First, the US Comptroller General, the US Attorney General, the US Secretary of Education or state and local education authorities (Federal and State Authorities) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain and share without your consent PII from your educational records, and they may track your participation in educational and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service and migrant student records systems.

The right to file a complaint with the US Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, SW Washington, DC 20202-5901.

In accordance with the Fair and Accurate Credit Transactions Act (FACTA) of 2003, Pueblo Community College adheres to the Federal Trade Commission’s (FTC) Red Flag Rule (a Red Flag is any pattern, practice or specific activity that indicates the possible existence of identity theft.), which implements Section 114 of the FACTA and to the Colorado Community College System’s Identity Theft Prevention and Detection Program, which is intended to prevent, detect and mitigate identity theft in connection with establishing new covered accounts or an existing covered account held by the Colorado Community College System (System or CCCS) or one of its thirteen (13) community colleges, and to provide for continued administration of the Program. If a transaction is deemed fraudulent, appropriate action will occur. Action may include, but is not limited to, canceling of the transaction, notifying and cooperating with law enforcement, reporting to the Student Code of Conduct Office, and notifying the affected parties. For more information on FACTA, Red Flag Rules and Identity Theft Consumer Information, please see the links provided below:

Solomon Amendment

Institutions of higher education receiving Federal grants and contracts are subject to the Solomon Amendment (10 U.S.C. 1983 § 549). It allows federal funding to be cut if military recruiters are prohibited from recruiting on campuses/sites or are prohibited from accessing student directory information for recruiting purposes.

Covered student directory information (“student recruiting information”) is defined as name, address, telephone listing, age or year of birth, academic major and level of education (e.g. freshman, sophomore, etc., or degree awarded). Where there is a conflict between the Family Educational Rights and Privacy Act of 1974 (FERPA), the Solomon Amendment would supersede FERPA. A student who has requested nondisclosure of directory information to any party under FERPA remains protected.

Institutions must respond to each of the separate branches of the military services, but only need to do so once per academic semester to each branch. Military recruiters can contact the Records office for more information on this student directory information.

Affirmative Action/Equal Opportunity

PCC is an equal opportunity educational institution and the College does not discriminate on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity or sexual orientation in its activities, programs or employment practices as required by Title VII, Title IX, Section 504, Age Discrimination Act, and Title II of the ADA. The College has designated the Director of Human Resources as its Affirmative Action Officer with the responsibility to coordinate its civil rights compliance activities and grievance procedures.

For information, contact the Director of Human Resources, 900 W. Orman Ave., Pueblo, CO 81004, telephone: 719.549.3220; or the Office for Civil Rights, US Department of Education, Region VIII, Federal Office Building, 1244 N. Speer Blvd., Suite 310, Denver, CO 80204, telephone 303.844.5695, TDD 303.844.3417.

Sexual Harassment Notice

PCC does not tolerate or condone sexual harassment in any form. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or of academic status in course, program or activity; or participation in a class or program.
  • Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the student or employee.
  • Creating an intimidating, hostile or offensive academic work environment; or unreasonably interfering with another’s academic performance or work.

Sexual harassment as defined may include, but is not limited to, the following:

  • Sex-oriented verbal “kidding,” abuse or harassment.
  • Unwelcome sexual advances or requests for sexual favors.
  • Repeated remarks to a person with sexual or demeaning implications or the use of vulgarity.
  • Unwelcome touching, such as patting, pinching or brushing against another’s body.
  • Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, employment status or similar personal concerns.
  • Unwelcome posters, letters or other writings or communications of a sexual nature.
  • Other verbal or physical conduct of a harassing nature.

Sexual harassment is illegal and is a violation of Title VII of the Civil Rights Acts of 1964, as amended, and Title IX, which prohibits sexual discrimination in educational programs or activities. PCC is committed to upholding this policy prohibiting sexual harassment. Violation of this policy may be grounds for dismissal. While it is the purpose of this policy to protect all persons associated with the College from sexual harassment, it is also a violation of this policy to knowingly make a false allegation of sexual harassment.

If you feel you have been subjected to sexual harassment and need information about what to do, contact the Director of Human Resources at 900 W. Orman Ave., Pueblo, CO 81004, telephone: 719.549.3220; or the College President. All matters involving sexual harassment complaints are taken seriously and will be investigated. Complaints will remain confidential to the extent possible. Filing of a complaint or otherwise reporting sexual harassment in good faith will not reflect upon your status or affect future employment, work assignments or grades.

Violence Against Women Act (VAWA), Section 304

On March 7, 2013, President Barack Obama signed a bill that reauthorized the Violence Against Women Reauthorization Act (VAWA). Included in the bill is Section 304, which addresses sexual violence in higher education. Pueblo Community College fully supports VAWA by educating, preventing and supporting the community about issues surrounding domestic violence, dating violence, sexual assault and stalking; defining consent; promoting options for bystander intervention; recognizing warning signs of abusive behavior; and promoting ways to avoid potential attacks. PCC offers mandatory Human Resources VAWA training for all staff and student-lead activities that bring awareness of these issues to the student community. Assistance for victims is available through a consortium of the Pueblo Rape Crisis Center and PCC Judicial/conduct office. Project ACCESS can offer students referrals of off-campus organizations should the need arise. For more information feel free to contact any of the following offices: Director of Human Resources/Title IX Coordinator, Chief Student Success Officer, Director of Student and Judicial Affairs and Director of Public Safety.

Title IX Statement

Pueblo Community College (PCC) is committed to providing a learning environment that promotes personal integrity, civility and mutual respect free of sex discrimination and sexual misconduct. Title IX of the Educational Amendment Act of 1972 states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal assistance. Sex discrimination violates an individual’s fundamental rights and personal dignity. PCC considers sex discrimination in all its forms to be a serious offense. This policy includes all forms of sex discrimination, including sexual harassment, sexual assault and sexual violence by employees, students or third parties. This policy has been developed to reaffirm individual rights and responsibilities and to provide recourse for those individuals whose rights have been violated. It should serve as a guide on the expectations we have for sexual communication, sexual responsibility and sexual respect. Visit the PCC website for more information about the policy and for complaint procedures and forms.

All College employees, including student employees in certain roles, are mandatory reporters of sexual misconduct and discrimination. Mandatory reporters must ensure that any sexual misconduct or discrimination that they become aware of is reported to the College’s Title IX Coordinator or designee. Reports may also be made to the College’s Department of Public Safety at 719.549.3355. This policy applies to all sexual misconduct, discrimination or harassment regardless of the gender, gender identity or sexual orientation of the complainant or respondent.

Grievance Process

Pueblo Community College provides a grievance procedure for students, clients or volunteers who are providing a service to benefit the College under the supervision and control of a college employee (hereafter noted as grievant). A client or volunteer may only grieve a decision which bans him or her from the campus/site. A grievable matter is any alleged action which violates or inequitably applies written college policies or procedures. The grievant must be personally affected by such violation or inequitable action. Matters that are not grievable include those matters upon which the College is without authority to act, academic decisions (unless there is an allegation that the decision was motivated by illegal discrimination) and disciplinary actions.

For more information about the PCC grievance policy, refer to the PCC Student Handbook.

Complaints

Pueblo Community College welcomes comments, suggestions and feedback from students, clients or volunteers. Individuals are encouraged to provide feedback or seek resolution about any concern or complaint at the lowest informal level progressing through the appropriate chain of command at all PCC campuses/sites. If the concern or complaint is not resolved through an informal process, a written complaint may be submitted to the Chief Student Services Officer.

Complaint Procedures

If you are taking any Pueblo Community College courses and you have a complaint about your experience with PCC, you have two options:

  1. You can follow Pueblo Community College’s process for student complaints, which can be found in the PCC Student Handbook, or complaint procedure and forms, or you may contact the Higher Learning Commission, which is Pueblo Community College’s accrediting agency.
  2. If you are residing outside of Colorado while attending Pueblo Community College, in many cases you can file a complaint in the state where you are residing. As required by federal regulations, each state is required to share a list of agencies where complaints can be filed.

Before exercising either of the above options, you should know that most, if not all, external complaint processes require the student to exhaust all avenues of complaint internal to the institution before they will consider a grievance.

Surveys and/or Research at Pueblo Community College

While surveying students and conducting research can be important methods for advancing knowledge, Pueblo Community College reserves the right to endorse, allow or not allow surveys and research at the College, and the right to determine the timing of when surveys and research may be conducted as stated in PCC Policy 550. The Office of Institutional Research (OIR) is responsible for reviewing all proposed surveys and questionnaires; protecting the rights of human subjects; ensuring good survey methodology and design; preventing specific populations from being over-surveyed; avoiding the collection of duplicated information; and encouraging sharing of survey results with the PCC community. The OIR is authorized to review, approve, require modifications in or disapprove surveys or questionnaires conducted by or through the College. All survey, questionnaire and research activity/project requests must be approved prior to administration. Contact the Office of Institutional Research (OIR) and submit the Survey/Questionnaire Request Form.

Student Right-To-Know & Campus Security Act

PCC strives to provide a safe and healthy environment that enhances the learning process. All students and employees should be able to attend classes, work on campus/site and/or participate in activities with a feeling that they are in an environment that is safe and secure. PCC provides to all prospective students and employees the Campus Security Policies and Procedures and the most recent campus crime statistics. This is part of the Federal Law No. 101-542, the Student Right-to-Know and Campus Security Act of 1990.

The information addresses six (6) topics related to campus crime and statistics: 1) a summary of PCC Crime Statistics, 2) policies regarding security, access to buildings and campus law enforcement, 3) procedures for reporting crimes and other emergencies, 4) information about sex offenses, 5) policies about the use, possession and sale of alcoholic beverages, and 6) programs about alcohol and drug abuse education, crime prevention and campus security policies.

Disclaimer Notices

Disclaimer for All Students

PCC disclaims liability of any kind for injury, illness, theft or damage of personal property of any student as a result of participation in field trips, shop or laboratory work, or classroom activities. Every reasonable effort is made to provide safe conditions for these activities.

Background and Drug Checks

Criminal background and drug checks are required of students entering all health and public safety certificate and/or degree programs. Additionally, the automotive program requires an application process to include screening. Certain offenses will preclude you from enrolling in a health program. Students should check with the program chair for specific requirements and due dates. Passing the background check and drug screening for admission and continuation in any PCC Health and Public Safety program does not guarantee that a graduate will pass the background check and/or drug screening for licensing or employment

Student Malpractice & Liability and/or Health Insurance

If you are enrolled in health professions and service programs, you must carry malpractice and liability insurance. Personal health insurance coverage is strongly recommended and is required by some clinical affiliates. The malpractice insurance coverage is available at a nominal cost through a group policy arranged by the College. Speak to your program advisor or the PCC Cashier about this type of insurance coverage.

Disclaimer for Criminal Justice Majors

Many criminal justice and related agencies require certain standards of prospective employees at the application stage. Job applications ask applicants if they have ever been arrested for any offense, either misdemeanor or felony. An affirmative response or finding on the part of a prospective employer may be grounds to deny employment. A second requirement may require applicants to take psychological tests, lie detector tests and medical tests in order to determine if applicants are suited for a particular position.

With respect to the above, the Criminal Justice Department and the Pueblo Law Enforcement Academy of PCC advise that entrance into any CRJ course of study or subsequent graduation is no guarantee, explicit or implied, that a student is employable. Further, should a student be unable to be placed and/or remain in the course CRJ 280, Cooperative Education/Internship, after two good faith attempts at placement, neither PCC nor its employees accept responsibility in respect to the student’s fulfillment of this program.

In an attempt to appropriately advise prospective students, a prior arrest and/or drug and alcohol history should be discussed with a Criminal Justice advisor prior to the student’s admission into the Criminal Justice Program. Neither PCC nor Criminal Justice advisors will be held liable for a student’s decision to continue in the program.

Disclaimer for Dental Hygiene Majors with a History of Felony

The State of Colorado Board of Dental Examiners requires licensing dental hygienists to answer questions concerning felony history, excessive use or abuse of controlled substances/alcoholic beverages (within the last five years), and any physical or mental condition that may affect the ability to practice dental hygiene. Other questions asked by the State Board pertain to an applicant’s history of malpractice judgment and any disciplinary action by any government or private agency. The PCC Department of Dental Hygiene assumes no responsibility for the denial of licensure by the Colorado State Board of Dental Examiners.

Disclaimer for Emergency Medical Services Majors with a History of Felony

The Colorado Department of Public Health and Environment – Prehospital Division, which is responsible for certification of emergency medical technicians in Colorado, requires a criminal background check. Certain felonies or misdemeanors may prevent you from obtaining certification. The Emergency Medical Services programs at PCC assume no responsibility for the denial of certification by the Colorado Department of Public Health and Environment. For further information, contact the CDPHE-Prehospital Division at 303.692.2980.

Disclaimer for Nursing Majors with a History of Felony

The Colorado State Board of Nursing, which is responsible for licensing nursing personnel in Colorado, has varied restrictions which may affect those with a history of a felony conviction. The PCC Department of Nursing assumes no responsibility for the denial of licensure by the State Board of Nursing. Prospective students are responsible for contacting the State Board of Nursing at 303.894.2432 concerning any questions regarding their eligibility for licensure.

Disclaimer for Surgical Technology Majors with Criminal History

The State of Colorado Board of Regulatory Agencies requires licensing surgical technologist applicants to answer questions concerning felony history. The PCC Surgical Technology Program assumes no responsibility for the denial of licensure from the State of Colorado Board of Regulatory Agency. For further questions, you may contact the agency at 303.894.7800.

Disclaimer for Occupational Therapy Assistant Majors with a History of Felony

The National Board for Certification in Occupational Therapy (NBCOT) requires applicants to answer questions concerning felony history. This information is then available to states with licensure. The PCC Occupational Therapy Assistant Program assumes no responsibility for the denial of licensure in states in which there are such requirements. For further information, contact the NBCOT at 301.990.7979.

Disclaimer for Radiologic Technology Majors with Criminal History

Applicants are advised that persons with a prior felony, gross misdemeanor or misdemeanor may be declared ineligible for registry certification. The program assumes no responsibility for the denial of registry eligibility due to prior criminal conviction. Applicants who have any questions concerning registration restrictions due to a prior felony, gross misdemeanor or misdemeanor convictions are encouraged to undergo a Pre-application Review of Eligibility for Certification through the American Registry of Radiologic Technologists, 1255 Northland Drive, Mendota Heights, MN 55120; telephone, 651.687.0048.

Disclaimer for Respiratory Care Practitioner Majors with a History of Felony

The State of Colorado Board of Regulatory Agencies requires licensing respiratory therapy applicants to answer questions concerning felony history. The PCC Respiratory Therapy Program assumes no responsibility for the denial of licensure from the State of Colorado Board of Regulatory Agency. For further questions, you may contact the agency at 303.894.7851.