In general, college jurisdiction and disciplinary sanctions will be applied to incidents and conduct which occur on the college campus or at college sponsored events or activities.  However, jurisdiction and disciplinary sanctions may also be applied at the discretion of the college to conduct that occurs off campus and which adversely affects the college.  Visitors on campus are also expected to abide by the prohibitions pertaining to student conduct and by all local, state and federal laws and ordinances.  Visitors failing to do so may be asked to leave campus and may be declared persona non grata.  The following prohibitions pertaining to student conduct are considered essential to the educational mission and community life of the college.

• Behavior which disrupts the learning environment.
• Use, possession, and/or distribution of weapons, firearms, firecrackers, explosives and/or chemicals.
• Use or possession of illegal or controlled drugs and/or alcohol.
• Gambling
• Abusive and/or disorderly behavior.
• Deliberate destruction and/or abuse and misuse of college property or facilities.
• Theft from an individual, organization or agency, and/or division of the college.
• Assault and battery, threats of violence, and/or intimidation.
• Written, verbal, sexual and/or physical intimidation or harassment.
• Violations of the college’s Acceptable Use Policy for computer access and use.
• Failure to comply with reasonable requests of a college representative.
• Any conduct which violates the laws of the United State, the State of West Virginia, Cabell County, and/or the City of Huntington.

This list of prohibitions is not a full listing of unacceptable behavior in a college community.  Other unacceptable behavior may also result in disciplinary action.  Academic dishonesty (such as cheating and plagiarism) or classroom behavior considered detrimental to the teaching-learning process will be addressed by the college’s academic offices.  A full statement on student academic dishonesty can be found in the Academic Definitions & Procedures section of the catalog.

The penalties for violation of student behavior and college conduct requirements are restitution, disciplinary warning, disciplinary probation, suspension, and expulsion.  These penalties do not preclude any legal action that may be taken as a result of violations of federal, state, county and/or city laws.

• Restitution– In case of damage, destruction, defacement, or theft of property, restitution is generally required.
• Disciplinary Warning– An official notice to the student that his or her behavior is in violation of the Student Code of Conduct or other college regulation. Further violations will result in more severe disciplinary action.  A student under disciplinary warning must meet those conduct requirements that may be determined in his/her case.
• Disciplinary Probation– A disciplinary sanction informing the individual that his/her behavior is in serious violation of the Student Code of Conduct or other college regulation. During the probationary period, the student may be barred from participating in extracurricular activities, denied the use of certain college facilities, and/or assigned special duties.  Any further violations during the probationary period may result in more severe action up to and including expulsion from the college.
• Suspension– A mandatory separation from the college for a specific period of time. Students who are suspended are barred from enrolling at or visiting Mountwest during the period of suspension.  Students who are suspended from the college and who continue to violate the Student Code of Conduct are subject to further disciplinary action (expulsion) during the period of the suspension at the discretion of the college.
• Expulsion– Termination of student status at Mountwest with no promise of future readmission. Students who are expelled are permanently barred from enrolling at or visiting Mountwest and from attending college-sponsored events.  Violations of the Student Code of Conduct and other non-academic regulations are brought before the Vice President of Student Services or his/her designee for review.  The VP will investigate the situation and make a decision regarding disciplinary action based on the outcome of the investigation.  If the student wishes to appeal the VP’s decision, see student grievance procedure.

In some instances, a student’s behavior may be egregious that immediate removal of the student from campus may be necessary to protect the campus environment.  In the event that a student is immediately removed from campus, the VP will conduct an investigation as soon as possible after removal of the student from campus.

The purpose of the grievance procedure is to provide students at the college access to due process for resolving any concerns related to their student rights.

Initial Resolution Process

1. The student must first present his/her grievance to the individual against whom the grievance exists.
2. If there is a program level grievance policy in place, the student must follow this procedure in seeking resolution. If presentation to Program Director is not applicable (e.g., a grievance filed against a non-program faculty member), then the grievance will be presented to the appropriate Chair.
3. If the grievance is not resolved at the program level and/or between the individuals involved, the student must notify all the concerned parties, in writing, that he/she is initiating the institutional grievance procedure (step two below). This action must be taken within 15 days of the original incident.

Initiation of Institutional Academic Grievance Procedure

Step One– If the grievance is not resolved initially, the student shall present, in writing, the grievance to the appropriate Dean.  If the grievance is directed against a Deans, the grievance shall be presented to that individual’s supervisor.  Notice of the institutional grievance must be given no later than 15 days of the original incident.  Grievance notifications outside such time frames are subject to dismissal at the discretion of the Dean.

Step Two– Upon receipt of a formal grievance, the Dean shall hold a hearing, within 10 days of receiving written grievance and both the grievant and the individual against whom the grievance is directed will be given the opportunity to present and be heard.

The Dean shall consider the merits of the grievance and either:

1. Dismiss the grievance at this point and provide the rationale for the decision in writing to all concerned parties within 10 days of the hearing, or
2. Refer the matter to the Chief Academic Officer (CAO) to convene a grievance committee.

Step Three– The CAO will appoint a committee, within 10 days of receiving the Dean’s referral, of neutral and objective individuals from the following representative groups: administrators, faculty members and students.  The CAO will designate a chair for the committee from among the appointees.

Step Four– Each committee member will receive a copy of the written grievance with the supporting statements and evidence.  After receiving the written grievance, the committee chair will hold a hearing within 10 days of receipt and both the grievant and the individual against whom the grievance is directed will be given the opportunity to present and be heard. The grievant may have one advisor at the hearing; however, the advisor may not speak during the meeting.  The Committee Chair shall be responsible for informing the CAO and appropriate Dean (or appropriate supervisor) of the committee’s recommendation and the rationale for the findings in writing within 10 days of the committee hearing.

Step Five– The CAO shall then consider the committee recommendation and render a written ruling on the matter to the Dean (or appropriate supervisor).  The Dean (or appropriate supervisor) shall inform both parties of the decision in writing by certified mail within 10 days of receipt of the committee recommendation.  This notification concludes the grievance process.

NOTE: The grievant may withdraw his/her grievance at any phase of the process provided that all concerned parties are notified in writing.  In all instances “days” refer to working days.

This section is to serve as an overview of COVID-19 policies and procedures that are expected to be followed by each Mountwest student. Please note that the information may not be all inclusive of every situation, and additional information will be released as circumstances change. Please contact pellr@mctc.edu or grooms@mctc.edu for further questions.

Return to School:

ADA Accommodations – Accommodation requests should be made through the Office of Student Services. If a student with a disability who is at high risk requests an accommodation, Mountwest may discuss with the student:

• How the disability creates a limitation, up to and including requesting medical documentation of a disability, including health records or prescriptions;
• How the requested accommodation will effectively address the limitation;
• Whether another accommodation could solve the issue;
• How the proposed accommodation will enable the student to continue to actively engage and be successful in the course.
•  

Direct-Threat Standard:

• Direct-Threat Standard means that a student must pose a direct threat to him/herself or others to be excluded from the classroom. MCTC defines direct threat as, “a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation”.
• Any individualized assessment based on reasonable medical judgement about the student’s disability – not the disability in general – using the most current medical knowledge and the best available objective evidence.

An attempt will be made to make other types of accommodations before preventing a student entry. Prevention of entry will only occur if no reasonable accommodation can be made.

At Risk  – The CDC defines students with conditions that put them at a higher risk for severe illness from the coronavirus, which includes individuals who are immunocompromised, as well as people with:

• Chronic kidney disease who are undergoing dialysis.
• Chronic lung disease.
• Liver disease.
• Moderate to severe asthma.
• Severe obesity (body mass index of 40 or higher).

Mountwest acknowledges the possibility to accommodate students with these conditions. Mountwest will not ask a student if he or she has an underlying medical condition unless and until the student puts us on notice of the condition in question. If a reasonable accommodation is not requested, we are under no obligation to provide any accommodations. For more information, please visit https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws .

General Safety – Students are required to maintain social/physical distancing. Face coverings/PPE will be required when distancing is difficult to maintain.

Temperature Scans – Until such time as guided otherwise, security personnel may perform temperature scans of incoming occupants to monitor any significant deviation from “normal”. The temperature scans will be administered in compliance with EEOC and ADA guidelines. All information will be kept confidential. For students who may be experiencing higher than normal temperatures, you may be required to work with your instructor on alternative assignments.

Screening – Until such time as guided otherwise, general screenings may be conducted upon entrance of the building. The screening will remain confidential and will not require students to disclose any chronic health conditions or disabilities. The screening will be limited to generic questions regarding exposure and any symptoms of COVID-19 that employees may be displaying. These screenings are in compliance with EEOC guidelines.

Distance and Face Coverings – Students are expected to follow all CDC hygiene guidelines. Upon entering the building, occupants will be encouraged to maintain 6 feet of physical distancing. When such distancing is challenging, all occupants will be required to wear face coverings. A limited supply will be on hand to provide to those who request them. Specific distancing procedures are as follows:

• Lobby – The main floor lobby will remain closed for gathering space until further notice. Outdoor spaces may be created to allow for proper distancing guidelines so that there is adequate and safe space for students between class times.
• Elevators – A maximum of 2 per elevator; 3 with the usage of face coverings
• Stairs– Occupants are required to maintain single file; the West stairs are divided into “lanes” to indicate which side employees should move “up” or “down” on the staircase.
• Hallways- Where possible, hallways will have one-way traffic only.
• Bathrooms – All bathrooms will have signs to indicate social distancing or face covering recommendations.
• Access – At the main entrance of Mountwest, occupants are expected to use the East set of doors as an entrance ONLY. The West set of doors will be exit ONLY.
• Limitations on Classroom/Meeting Rooms – Social distancing will be required to maintained within any area in which multiple people are meeting. Classroom/Meeting room capacity will be limited and expected to be followed.

All of these items will be appropriately marked with directional signs to aid occupants in the navigation requirements of the building.

Compliance with Safety Protocols – All students are expected to be in compliance with safety protocols throughout the college. If a student does not reasonably adhere to safety protocol, the student will be in violation of the student code of conduct.