37. False information. Furnishing false information to a college official in the exercise of his/her responsibilities.

38. Engaging in commercial solicitation on College property. This does not apply to approved College organization sales when approved by the College.

39. Knowingly instituting a false charge against another.

40. Intentionally, without consent, limits or restricts the freedom of another to move about in a lawful manner.

41. Any action which interferes with or obstructs the College's hearing process, including failure to appear upon request of a Chair for a hearing panel at a hearing; failure to testify upon a request of a Chair of a hearing panel at a hearing; improper conduct at a hearing; knowingly making false statements at a hearing; disruption or interference with the orderly conduct of the hearing process; attempting to discourage an individual's proper participation in or use of the hearing process; attempting to influence the impartiality of a member of the hearing panel prior to and/or during the course of the hearing process; harassment (verbal or physical) and/or intimidation of a member of the hearing panel prior to, during or after the hearing proceedings; influencing or attempting to influence another person to commit an abuse of the hearing process; and/or failure to complete imposed sanctions. Nothing in this subsection shall be construed to compel self incrimination.

42. Conspiracy to commit violation of any of the above or aiding, abetting, assisting, hiring, soliciting, or procuring another in the violation of any of the above.

Students Threatening Harm

This Rule is implemented as a result of growing conduct throughout the United States, the State of Florida and Pinellas County, including the College, of students threatening physical harm to other students, instructors and/or staff with an unpredictable but growing frequency of a student carrying out the threat or causing harm which necessitates the implementation of this Rule in order to better provide a reasonably safe academic and work environment. Due process of the accused, suspected student is believed to be protected by the following.

Therefore, a student may be immediately suspended from classes and/or from the College and its grounds and premises upon the recommendation of the student's campus/center associate provost or designee upon approval of the provost or designee or the President or designee when one or more of the following circumstances exist:

A. A student is reasonably suspected of threatening and/or causing physical harm to a student, instructor and/or staff member and/or their property or property of the College.

B. A student is reasonably suspected of violating Sub Paragraphs 14, 25, 31, 32, 35 or 40 of the above Rule.

Any student alleged to have violated one or more of the foregoing shall be contacted by the associate provost or designee, if reasonably possible, and request that the student come in to share his/her side of the story in advance of their consideration of whether or not the suspension should be imposed. However, because such conduct threatens bodily harm, life and/or property, if the student cannot be reached or does not properly respond to the request, the associate provost or designee may recommend suspension if they reasonably suspect that any of the above violations have occurred. If the student does not come in and share his/her side of the story and the associate provost or designee still reasonably suspects that any of the above violations have occurred, the associate provost or designee may recommend suspension. If the suspension is approved by the provost or designee, or the President or designee, the suspension will be imposed.

When deemed appropriate, the associate provost or designee may, as an alternative to this Rule or in conjunction with this Rule, recommend that an evaluation be done pursuant to Board of Trustees' Rule 6Hx23-4.333.

Any student suspended pursuant to the foregoing shall be notified of the suspension and shall comply with the directed suspension. Notification may be by personal delivery or by regular mail to the student's last known address. The student shall be entitled to an informal preliminary hearing within three (3) working days after the suspension at which time the provost or designee will conduct an informal preliminary hearing to determine whether or not there is trustworthy information to support the student's violation and/or continued suspension. At the hearing, the associate provost or designee shall offer evidence and/or witnesses to the threat, or other proscribed conduct. The student shall be entitled to offer their side of the story including any other evidence and/or witnesses. The provost or designee shall promptly determine whether or not to continue their suspension. The suspension shall continue to be in effect during the time the matter is being considered by the provost or designee.

If the provost or designee determines that there is no trustworthy information to support the violation, the student shall be reinstated and shall be permitted to make up any coursework or testing that was missed as a result of the suspension. If the provost or designee believes that continuing the suspension is not appropriate, but that the student should be subject to further investigation and consideration for discipline, the suspension will be lifted and the matter referred to the associate provost or designee for further investigation and action as may be appropriate under Board of Trustees' Rule 6Hx23-4.35. If the provost or designee determines that the suspension is supported by trustworthy information and was appropriate, and continues to be appropriate, the provost or designee shall direct that the suspension continue and the matter be promptly referred to the Disciplinary Board for a full hearing in accordance with Board of Trustees' Rule 6Hx23-4.35. The student shall be notified of the provost's or designee's determination by personal delivery or mail to the student's last known address.

On sites where there is no provost and/or associate provost, the President shall designate the person(s) to undertake the duties of the provost and/or associate provost under this Rule.

Student Safety and Security

Nothing is more important than the safety and security of the students and employees of the College. Threats, threatening behavior, acts of violence, stalking, and/or use or possession of explosives, destructive devices, firearms and/or weapons, etc. will not be tolerated against students, employees, visitors, guests or any other individuals on College property or any one attending a College sponsored event. The College has zero tolerance for such conduct. Violations of this policy by a student or employee will lead to disciplinary action as provided in the Board of Trustees Rules, State Board of Education Rules and law, which may include suspension or dismissal.

This policy prohibits:

A. Any substantial threat--any threat to harm or endanger the safety of others or threat to damage or destroy property. It shall not be an excuse that the threat was false, unintentional or a joke.

B. Any threatening behavior--behavior or actions interpreted by a reasonable person as carrying the potential for violence and/or acts of aggression.

C. Acts of violence--any act(s) which a reasonable person would believe constitutes battery under Florida law and/or the intentional damaging or destruction of property.

D. Stalking as defined by Florida law.

E. Use and/or possession of an explosive(s), destructive device(s) and/or weapon(s), including firearms, as those terms as defined in Florida Statutes 790.001, by any person except those certain persons who may carry a weapon(s) or firearm, if authorized by the Board of Trustees' Rule 6Hx23-4.33.

F. Leaving unattended book bags or other item(s) wherein explosives, destructive devices, firearms and/or weapons, etc. may be located.

This policy is not meant in any way to curtail an individual's right to express himself/herself as long as that expression is not disruptive, inappropriate, unprofessional and would not cause a reasonable person to be put in fear of harm.

Any person who makes substantial threats, exhibits threatening behavior, engages in violent acts, stalks, and/or uses and/or possesses explosives, destructive devices, firearms, and/or weapons, etc. on College property shall be in violation of any right to be on College property or at a College sponsored event and shall be removed from the premises as quickly as safety permits. College personnel or security shall immediately notify the local law enforcement authority by calling 911 (9-911 from a College telephone) and request immediate assistance in the removal of the person. College personnel should also promptly notify College Security at (727)791-2560 and the site provost, associate provost or designee or the director of Human Resources.

Any book bag or other item(s), wherein explosives, destructive devices, firearms and/or weapons, etc. may be located, left unattended may be searched by College staff, security, and/or law enforcement personnel for inspection for explosives, destructive devices and/or weapons and firearms.

Should the prohibited conduct be committed by a College student or employee, an investigation shall be conducted and, if appropriate, disciplinary proceedings commenced. Whether the student or employee is entitled to return to the College for continuation of his/her coursework or employment during the pending investigation and disciplinary proceedings will depend upon the nature of the conduct and the best judgment of the site provost, administrator or designee consistent with the general policy described in BOT Rule 6Hx23-1.232. The site provost, administrator or designee shall attempt to provide the student or employee with an opportunity to tell their side of the story before imposing restrictions. The site provost, administrator or designee may impose restrictions consistent with said general policy on an employee's or student's return to the College. The student or employee will have an automatic review of the provost's, administrator's or designee's decision by the President or designee. The student or employee and the site provost, administrator or designee shall submit their position/evidence to the President or designee in writing within three (3) working days after the site provost's, administrator's or designee's decision. The President or designee may require more investigation or enter a decision based on the furnished information. A decision on this issue shall not necessarily affect whether or not the student or employee shall be subject to discipline.

In any disciplinary proceeding brought against the student or employee, the discipline may include limited access to College facilities, and other restrictions, reassignment, training, counseling, reprimand, probation, suspension, or dismissal of the student or employee as circumstances may indicate.

No existing College rule, policy, practice and/or procedure should be interpreted to prohibit decisions designed to stop a threat from being carried out, a violent act from occurring or a life threatening situation from developing.

Students and employees are responsible for notifying their site provost, associate provost or designee, or the senior vice president of Educational & Student Services or the director of Human Resources of any threats, threatening behavior, acts of violence or stalking in which they have been subjected to, witnessed or have been told that another person has witnessed or received, as well as any item left unattended wherein an explosive, destructive devices, firearms and/or weapons, etc. could be located. Even without an actual threat, students and employees should also report any behavior that they have witnessed which they regard as intimidating, threatening or violent in nature when that behavior is related to or might be carried out on College property or at a College sponsored activity.

Any individual who applies for or obtains a protective or restraining order that lists any College site as being a protected area must provide the provost, associate provost or designee or director of Human Resources at the listed site(s) a copy of the petition, the affidavit, if any, used to seek the order, a copy of any temporary or protective restraining order granted and a copy of any protective and restraining order that is made permanent. The provost, associate provost, site administrator or their designee or the director of Human Resources or security shall report any violation of any protective or restraining order to the law enforcement agency charged with the enforcement of said order. (Board of Trustees' Rule 6Hx23.123)

Student Organizations

Student organizations also are prohibited from engaging in the conduct listed above. Violations of this Rule by a student organization could result in the rescission of the authority for such organization to operate on college property or under the sanction of the College.

Student Records

An eligible student or eligible parent (collectively hereinafter referred to as "student") has a right to inspect and review the student's education records, and may request amendments to the student education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights. Disclosure of personally identifiable information contained in the student's education records will not be released without the student's consent, except to the extent that the law authorizes disclosure without consent. A student may file with the U.S. Department of Education a complaint under Regulation 99.64 concerning alleged failures by the institution to comply with the requirements of the law. You may obtain a copy of the College's policy on student records from the office of the associate provost on each campus.

By law, the College is authorized to release "directory information" without the student's consent. Directory information includes the name and dates of attendance of students; names of recipients of degrees conferred or to be conferred; names of recipients of honors or special awards; weight and height of athletic team members; students' addresses for use by the College's Foundation and Alumni Association, upon review by the President's Cabinet and the approval of the President; and student addresses, of students who have applied for graduation, may be provided to Florida public universities and independent colleges and universities of Florida. A student may request in writing that all or a portion of such directory information not be released. Such requests must be made prior to the end of the 3rd week after the beginning of classes for any session and shall be effective for 1 academic year and shall become a part of the student's records. Said written request should be made to the student's campus associate provost or designee. In addition to "directory information," the College is required by law to release to the United States Armed Forces the student's address, phone number, date and place of birth, level of education, prior military experience, major fields of study, and a student's or former student's degree and awards.

See BOT Rule 6Hx23-4.37 for further detail.

Student Grievances

Students have the right to appeal any of the following:

1. a violation of Rules and/or Procedures of the College;

2. arbitrary or capricious action by a College employee;

3. improper removal from the College or a program of the College for academic reasons;

4. improper denial of admission or readmission to the College or a program of the College;

5. information contained in the student's record (BOT Rule 6Hx23-4.27);

6. arbitrary and/or capricious action in the award of a final grade.

Such appeals are normally directed to the next level of authority above which the decision was made. If the student wishes to pursue the grievance, the matter would go to the associate provost or designee. The associate provost shall provide the student with a copy of BOT Rule 6Hx23-4.36. If the matter is not resolved to the satisfaction of the student at the informal level, the student shall timely file with the provost or designee of the campus or center where the alleged matter took place, the appeal in writing, stating the reasons and grounds for the appeal to the Campus/Center Appeals Committee with a copy to the associate provost or designee, on the appropriate campus/center.

See BOT Rule 6Hx23-4.36 for further detail.

Student Academic Appeals

Students have the right to appeal any of the following:

1. belated withdrawals;

2. deviations from graduation requirements;

3. changes to permanent records;

4. academic probation, suspension and dismissal under BOT rule 6Hx23-4.46;

5. changes from audit to credit;

6. inappropriate action by the student based on misleading advice by a College employee;

7. exclusion of course work from grade point average calculations and cumulative credit hours attempted;

8. extension of time to complete work when an "I" (incomplete) grade has been assigned;

9. all other academic rules and procedures except those referred to under Student Grievances.

Such appeals are normally directed to the next level of authority above which the decision was made. If the student wishes to pursue the grievance, the matter would go to the associate provost or designee. The associate provost shall provide the student with a copy of BOT Rule 6Hx23-4.36. If the matter is not resolved to the satisfaction of the student at the informal level, the student shall timely file with the provost or designee of the campus or center where the alleged matter took place, the appeal in writing, stating the reasons and grounds for the appeal to the Campus/Center Appeals Committee with a copy to the associate provost or designee, on the appropriate campus/center.

See BOT Rule 6Hx23-4.36 for further detail.

Student Affairs: Academic Honesty Guidelines

All students are required to subscribe to the following Academic Honesty Guidelines:

I understand that SPC expects its students to be honest in all of their academic work. I agree to adhere to this commitment to academic honesty and understand that my failure to comply with this commitment may result in disciplinary action, up to and including expulsion from the College.

See Academic Honesty (based on BOT Rule 6Hx23-4.61) for further information.

Student Ombudsman Office Rule

RULE 6Hx23-4.362: This Rule creates a Student Ombudsman's Office which is accountable to the President. The purpose of the Student Ombudsman's Office is to provide assistance and an appeal process for a student desiring to appeal a decision relating to the student's access to courses and credit granted toward his/her degree. The President shall establish a procedure by which a student may appeal to the Office of the Student Ombudsman an adverse decision related to the student's access to courses and credit granted toward their degree. The procedure shall establish minimum standards for the role of the Student Ombudsman and shall address the issue of notification of students of opportunities for assistance or appeal.

Student Ombudsman Office Procedure

PROCEDURE P6Hx23-4.362

I. Student's access to courses and credit granted toward the degree. A student who believes that his/her rights to access a course or to credit granted toward their degree has been wrongfully abridged may appeal to the Office of the Student Ombudsman provided:

A. The student has met with the appropriate program director or other appropriate administrator seeking resolution. The program director has denied the request. (The program director shall send the student a copy of this Procedure and a written denial of the student's request setting forth the reasons for the denial.)

B. That upon the denial by the program director of the student's request, the student seeks review of the program director's denial. The student must present in writing within 10 working days of after the denial his/her request and the reasons supporting the request to the associate provost or designee. The associate provost or designee shall, within 5 working days after the receipt of the written request, affirm or overrule the program director's decision. The associate provost or designee shall send the student and the program director a copy of the written determination by delivery, College mail or U.S. Mail. In the event the associate provost or designee affirms the decision of the program director and denies the student's request, the student may within 10 working days after the date of the associate provost's or designee's written determination, file a written appeal to the Office of the Student Ombudsman stating the reasons supporting the appeal and send copies of the written appeal to the program director and associate provost or designee by delivery or U.S. Mail.

C. If the student appeals to the Student Ombudsman, the program director and/or the associate provost or designee may file a written response to the student's written appeal with the Student Ombudsman within 5 working days after receipt of the student's written appeal. Any written response should be sent to the student, the program director or associate provost or designee by delivery, College mail and/or U.S. Mail. (The student, program director and the associate provost or designee shall be collectively described hereinafter as the "interested parties.")

II. The authority of the Student Ombudsman:

A. Assistance. The Office of the Student Ombudsman may assist a student any time in matters related to the student's access to courses and credit granted toward their degree.

B. Authority on Appeal. The Student Ombudsman shall have the authority to review the denial of the student's request for access to courses or for credit granted toward the student's degree as set forth in subparagraph D.1. or 2. below and may grant the students request provided:

1. That the student has complied with Paragraph I. above; and

2. The Student Ombudsman determines that one or more of the following reviewable grounds exist:

a. that there has been inappropriate disparate treatment of this student as compared to other students in the program;
b. that there is unlawful discrimination;
c. that the student previously received and had reasonably relied upon inappropriate or misleading information given by a College official who the student reasonably should have believed was qualified to give the information; and/or;
d. that the student has presented substantial evidence of undue hardship and the action taken by the Student Ombudsman would not substantially alter the program, its requirements and/or adversely affect the rights of other students.

C. Alternative Procedure/Election. The student in lieu of appealing to the Student Ombudsman may in the alternative use the appeal procedure for matters which are grievable under BOT Rule 6Hx23-4.36--Student Grievances and Appeals, Appeals to Waive Requirements of CLAST, Appeals to Exclude Coursework from Grade Point Average Calculations, Student Body Governance and Recommendations or P6Hx23-1.34--Procedure Discrimination Grievance. Once a student has filed an appeal with the Office of the Student Ombudsman pursuant to this Procedure or in the alternative has filed an appeal grievable pursuant to BOT Rule 6Hx23-4.36 and P6Hx23-1.34 with the chairperson of the respective Grievance Committee pursuant to the formal resolution process, the student shall be deemed to have made an election of which procedure is to be used and the decision of the student is final and the student shall not be permitted to thereafter pursue the other alternatives.

D. Procedure Before the Student Ombudsman. The student appeals to the Student Ombudsman, when:

1. The student has complied with Paragraph I. above; and

2. The Student Ombudsman determines that one or more of the foregoing (II. B. 2. a-d) reviewable grounds exist; the student may:

a. Request a hearing with the Student Ombudsman serving as the hearing officer and decision maker. The student and other interested parties may present evidence, cross-examine witnesses, and provide written or oral arguments of their position. The Student Ombudsman shall send all interested parties a copy of said Guidelines with the Notice of Hearing. The Student Ombudsman shall send all interested parties a copy of the written decision stating the reasons therefore by delivery, College mail or U.S. Mail within 10 working days after the conclusion of the hearing.

b. Or in the alternative, request the Student Ombudsman to investigate and review the matter and based upon the investigation and review, the Student Ombudsman shall have the right without holding a hearing to enter a decision. When the student chooses this alternate procedure before the Student Ombudsman, the Student Ombudsman shall investigate and review the matter and grant or deny the student's request in writing stating the reasons for the decision within 20 working days after the receipt of a timely request. The Student Ombudsman shall send the interested parties a copy of the decision by delivery, College mail and/or by U.S. Mail. The student waives any right to a hearing when choosing this alternate method of review and appeal to the Student Ombudsman.

c. The student must elect between the procedures set forth in Subparagraph 1. or 2. above at the time of filing the appeal to the Student Ombudsman, provided the student may withdraw the request for a hearing and request the Student Ombudsman proceed under Subparagraph 2. at any time before the date of the scheduled hearing.

III. Appeal to the President--The student, the program director, and/or the associate provost or designee may appeal the decision of the Student Ombudsman to the President, provided, however, the President shall not reverse the decision of the Student Ombudsman unless the Student Ombudsman's action is not supported by competent substantial information recorded in his/her file, is beyond the authority of the Student Ombudsman, is not based on one or more of the grounds set forth in Paragraph II. B.2 a.-d. above and/or the Student Ombudsman's determination is arbitrary and capricious and without rational basis.

A. Any party appealing to the President must file their appeal in writing stating the reasons the decision of the Student Ombudsman should be reversed or modified. The appeal must be filed with the President within 10 working days after the date of the Student Ombudsman's decision with a copy of the appeal request being sent to other interested parties (which shall include the student, program director, associate provost or designee and the Student Ombudsman) by delivery, College mail and/or U.S. Mail. Other interested parties may respond to the appeal request in writing to the President within 10 working days after the date the appeal is filed with the President and shall send copies of their response to other interested parties by delivery, College mail and/or U.S. Mail.

B. The record on appeal to the President shall consist of the student's request and reasons at each level of review and/or appeal, the program director's denial, the associate provost's or designee's denial, the Student Ombudsman's complete file, and any request for appeal or response.

C. The President's decision shall constitute final action. The President shall send a copy of the decision to the student, program director, associate provost or designee and Student Ombudsman by delivery, College mail and/or U.S. Mail.

IV. Time Limitations

A. For Review Or Appeal. The failure of the student, program director or the associate provost or designee to seek timely review or appeal as provided herein shall constitute a waiver of any rights of further review or appeal.

B. For Decisions. The person whose duty it is to make a decision shall do so within the time limitations set forth herein above, provided, however, the time may be extended at any level when reasonably necessary upon the approval of the President.

V. Appointment of the Student Ombudsman

The President shall appoint the Student Ombudsman, who shall be accountable to the President.
 
VI. Notification to Students

The College catalog and student handbook shall outline availability of the Office of the Student Ombudsman to assist students with access to courses and credit granted toward their degree and of student's right of appeal to the Student Ombudsman of an adverse decision related to the student's access to courses or credit granted toward their degree.

Religious Accommodation

The College will accommodate the religious observance, practices and beliefs of an individual student in regards to admissions, class attendance, and the scheduling of examinations and work assignments. Students who are not satisfied with accommodation made may pursue a grievance in accordance with Board of Trustees Rule 6Hx23-1.34. Students must notify instructors in advance of absences to observe religious holidays in their faith. Such absences shall be permitted without penalty. Students are, nevertheless, responsible for the material covered during the absences but will be given a reasonable period of time in which to complete makeup assignments after such absences. See Board of Trustees' Rule 6Hx23-4.01 for further detail.

Discrimination

It is the policy of the college to provide equal access to and equal opportunity within all College programs and activities including admissions, without regard to race, color, religion, marital status, national origin, sex, age, or disability. The college will not discriminate in any services program or activity against any qualified individual with a disability. In the event a student feels that he/she received discriminatory treatment, the individual shall contact the College's equal access-equal opportunity officer within 180 days of the alleged discriminatory act or event. See Rule 6Hx23-1.34. The College's Director of EA/EO, Psalms Mack, can be reached at (727)341-3257 and/or (727)341-3261, by mail at PO Box 13489, St. Petersburg FL 33733-3489, or by email at eaeo_director@spcollege.edu. Sexual harassment is considered to be a violation of Rule 6Hx23-4.01 IV and 6Hx23-2.011.

Sexual Harassment

In the instructor/staff-student context, the fundamental element of sexual harassment is the inappropriate personal attention, including romantic and sexual relationships with a student by an instructor or staff member who is in a position to determine a student's grade or otherwise affect the student's academic advancement or conditions. Since the instructor/staff-student relationship is one of professional and client, the above inappropriate behavior is unacceptable in a college because it is in a form of unprofessional behavior which seriously undermines the atmosphere of trust essential to the academic setting and is subject to discipline.

The instructor/staff-student relationship should at all times be professional and any conduct by an instructor or staff member which creates a sexually intimidating, hostile or offensive environment is inappropriate and unacceptable and is subject to discipline.

An instructor having a consensual or non-consensual romantic and/or sexual relationship with a student, when the student is enrolled in the instructor's class at the time of the romantic and/or sexual relationship, violates this policy, notwithstanding that the instructor did not influence (positively or negatively) the student's grade or otherwise affect the student's academic advancement or conditions.

The student-student relationship, the student-instructor relationship, and the student-staff relationship should at all times be respectful of the rights of the other, and any conduct by a student which creates a sexually intimidating, hostile or offensive environment violates the College's Sexual Harassment Rule. For this purpose, staff not only include College staff, but all employees of clinics and agencies affiliated with a College clinical program or course.

Should you be confronted with sexual harassment, promptly notify the campus associate provost or provost, or the Director of EA/EO, Psalms Mack, at (727)341-3257 and/or (727)341-3261, by mail at PO Box 13489, St. Petersburg FL 33733-3489, or by email at eaeo_director@spcollege.edu.

See BOT Rule 6Hx23-2.011 for further details.

Sexual Misconduct

The College will not tolerate the act of sexual assault/battery, sexual harassment, public indecency or voyeurism. Any such sexual misconduct should be promptly reported to campus security, the associate provost, or provost. For more information on sexual assault and sexual misconduct, please refer to the College's sexual misconduct awareness and prevention materials published by the College.

See BOT Rule 6Hx23-4.332 for further detail.

Student Handbook Information

The College publishes a Student Handbook, which should be consulted by each student. The Student Handbook has further information regarding student rights and responsibilities, the College's policies on substance abuse, sexual assault, sexual misconduct and sexual harassment, as well as other important information that the student should review carefully. A copy of the Student Handbook may be obtained from the Counseling Center at each site.

In the fall of each year the College publishes information in compliance with the Students Rights-to-Know Act which includes graduation and placement rates and information regarding campus security and crime. Should you not receive the Supplement to the Faculty, Staff, and Student Handbooks, please obtain a copy from the Counseling Center at your campus or center.