Administrative Procedures Manual

6.17 Child Maltreatment Reporting

Chapter Six: Statutory Compliance

Procedure Title: Child Maltreatment ReportingBased On: Board Policy 2
Procedure Number:6.17Date Adopted/Revised: August 5, 2013

1. Purpose

South Arkansas Community College strives to maintain a safe environment for children on all college owned or occupied property.

2. Definitions.

A. South Arkansas Community College – South Arkansas Community College (SouthArk) means all the campuses and site locations (including the Arboretum) within South Arkansas Community College now and in the future.

B. Child Maltreatment – Child maltreatment means abuse, sexual abuse, neglect, sexual exploitation, or abandonment as defined in the Arkansas Child Maltreatment Act.

C. School – For purposes of the System Child Maltreatment Reporting Policy, School means a technical institute or post-secondary vocational-technical school and a two-year or four-year college or university.

D. School Official. – School Official means any person authorized by a school to exercise administrative or supervisory authority over employees, students, or agents of the school. A volunteer exercising administrative or supervisory authority in a program conducted by a school is also considered a School Official.

E. Mandated Reporter – A School Official is a Mandated Reporter who must immediately notify the Child Abuse Hotline or law enforcement if he or she has reasonable cause to suspect that a child has been subjected to or died from child maltreatment, or who observes the child being subjected to conditions or circumstances which would reasonably result in child maltreatment. Other Mandated Reporters are listed in the Arkansas Child Maltreatment Act.

3. South Arkansas Community College (SouthArk) Child Maltreatment Reporting Policy

All employees, and all volunteers participating in SouthArk conducted programs on SouthArk owned or occupied property, will immediately report known or suspected child maltreatment to the State of Arkansas Child Abuse Hotline and the police department having jurisdiction over that campus.

4. Process

A. Report of Child Maltreatment – Any employee, or any volunteer participating in a program on SouthArk owned or operated property or on behalf of SouthArk, must immediately report known or suspected child maltreatment by contacting both the Child Abuse Hotline 1-800-482-5964 and the Campus Public Safety Department at 870-864-7125 or 870-665-1263. SouthArk will post the telephone numbers on their home web page under the heading Child Maltreatment Reporting.

B. Liability A School Official is subject to criminal and civil penalties for failure to report child maltreatment.

C. Immunity A School Official who in good faith makes a report of child maltreatment is immune from suit and civil or criminal liability.

5. Training Available

The website below provides a link for Arkansas Mandated Reporter training and to obtain a certificate for such training.

www.ar.mandatedreporter.org

College Supervisors shall be responsible for ensuring employees under their supervision receives the training and filing the completion certificate with the Human Resource Department.

The certificates of completion shall be maintained in the Human Resource Department.

6.16 Email acceptable use and electronic records retention

Chapter Six: Statutory Compliance

Procedure Title: Email acceptable use and electronic records retentionBased On: Board Policies 1 and 5Procedure Number:6.16Date Adopted/Revised: October 26, 2009

It is not acceptable to use the College’s computer equipment or facilities

for any illegal purpose or act;
to transmit harassing, indecent, obscene, discriminatory, or fraudulent materials or messages;
to transmit or receive any materials in violation of either state or federal laws (e.g. copyright laws);
to send fraudulent or forged email messages using the account of another person;
to use the account or password assigned to another person to gain access to college equipment, college files, or the college network;
to damage, destroy, interfere with, or disrupt the operation of college owned and operated program equipment;
for any partisan political purposes; or
for any commercial pursuits or activities.

Messages sent or received via the SouthArk email systems are public records, subject to public inspection, and are not confidential, unless specifically cited by statute. First Amendment rights do not apply and the College reserves the right to retain, review, and distribute any message regardless of content and without notice in order to comply with all federal and state statutes, regulations, or court orders.

Email messages and electronic documents supporting official College business are subject to the same retention policies as written correspondence or paper documents. All substantive correspondence (implementing a rule or internal procedure, supporting a significant decision) has significant administrative importance and must be retained for four (4) years. In contrast, non-substantive correspondence is temporary and unremarkable (setting up an agency meeting, discussing matters that do not relate to state policy) and can be deleted as soon as it has served its purpose.

To comply with state regulations, all users of the SouthArk email system are required to retain all substantive electronic correspondence and documents on the College’s host systems. Users should follow good filing and document handling procedures to organize these electronic records in a manner that will facilitate any regulatory or court ordered document discovery and review.

Arkansas regulatory guidelines and statutes limit the use of SouthArk email to the academic, administrative, and service functions of the College. Use of the SACC-ALL distribution group is limited to official College business and may only be used to solicit donations or promote events sanctioned by the College or in direct support of College affiliated groups.

Users should avoid sending messages soliciting donations or promoting events unless the user has prior knowledge that the recipient would be interested in supporting the event, organization, or activity and it is part of the larger service role of the College within the community (i.e. an activity or service that would be included in the annual monitoring report detailing community service).

Upon separation from the College, all of a user’s email and electronic documents will be archived and copies made available to the user’s supervisor (in the event of a departing member of the president’s cabinet, copies will be made available to the appropriate administrative assistant to facilitate the ongoing operations of the College). Users will lose access to the College network and email systems at separation and are prohibited by state regulations from purging their email prior to their departure.

Departing users may, with their supervisor’s and the President’s approval, request that the College establish an automatic reply message in their SouthArk email account notifying senders of their separation from the College and their new email address for a period of sixty (60) days.

6.02 Americans with Disabilities Act

Chapter Six: Statutory Compliance

Procedure Title:Americans with Disabilities ActBased On: Board Policies 1, 3, and 29Procedure Number:6.02Date Adopted/Revised:June 25, 2001; November 21, 2006; May 15, 2007Whereas, the Congress has enacted the Americans with Disabilities Act, and whereas, providing access to persons with disabilities is a part of the mission of this institution, South Arkansas Community College resolves that compliance with the Americans with Disabilities Act is a priority of the College.I.Administrative ResponsibilityThe Administration is responsible for preparing and publicizing policy statements and procedures to comply with the letter and the intent of the Americans with Disabilities Act and to take action to implement the requirements of the act. Specifically, the Administration will:A.Appoint an individual to serve as the ADA Coordinator;B.Provide for continuous self-evaluation of the institution’s programs and activities;C.Recommend priorities for institutional compliance; andD.Prepare cost estimates for institutional compliance and for the provision of reasonable accommodations and services for persons with disabilities.II.Dissemination of InformationIn order to assure broad dissemination of information regarding the College’s commitment to the ADA, the following statement will be included in the College Catalog and Student Handbook, and may be disseminated in other ways: South Arkansas Community College does not discriminate on the basis of a person’s disability in the admission or access to, or treatment or employment in, its programs or activities.III.Grievance ProcedureThe following Grievance Procedure is provided to facilitate the prompt and equitable resolution of any complaint alleging a violation of the ADA.A.It is the intent of South Arkansas Community College that “No otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by the College.B.This procedure may be followed by any student, employee, visitor, or other member of the public for whom the College’s general Grievance Policy does not apply or appropriately meet the need.C.Complaints should be filed with the Chief Fiscal Officer (the designated ADA Coordinator) at South Arkansas Community College, P.O. Box 7010, El Dorado, AR 71731-7010; phone (870) 862-8131, according to the following guidelines:1.The complaint will be filed in writing or verbally, and will include the name, address, and telephone number of the plaintiff as well as a brief description of the alleged violation of regulations.2.The complaint should be filed within 15 days of the time when the plaintiff becomes aware of the alleged violation.3.Upon receiving the complaint, the ADA Coordinator will be responsible for thoroughly investigating the allegation; and affording all interested/involved persons and their representatives, if any, the opportunity to submit evidence relevant to the complaint.4.Upon completion of the investigation, the ADA Coordinator will submit a written report to document the validity of the complaint, and to recommend a proposal for resolution of the situation. This document will be forwarded to the plaintiff no later than 21 days after the complaint is filed, with a copy to the President.5.The ADA Coordinator will maintain files and records of all complaints, related documentation, and resolutions reached regarding ADA issues.6.The plaintiff may request a reconsideration of the case if he or she is not satisfied with the resolution. Requests for reconsideration must be made to the President within 30 days of receipt of the written report.7.A plaintiff’s right to prompt and equitable resolution of a complaint filed according to this procedure will not limit his/her ability to pursue other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Pursuit of remedy via this procedure is not a prerequisite to the pursuit of other remedies.D.This procedure is to be implemented to protect the rights of interested persons, to meet appropriate due process standards, and to assure that South Arkansas Community College fully complies with the ADA.

6.03 Substance Abuse/Drug Free Workplace

Chapter Six: Statutory Compliance

Procedure Title:Substance Abuse/Drug Free WorkplaceBased On:Board Policies 1 and 3Procedure Number:6.03Date Adopted/Revised: June 25, 2001; November 21, 2006; May 15, 2007South Arkansas Community College is committed to full compliance with federal, state and local laws regarding the unlawful possession, use or distribution of illicit drugs and alcohol. Offenses that violate this policy are violations of the Arkansas and federal criminal statutes, for which the violator may be prosecuted. In addition, the Administration is authorized to impose disciplinary action up to and including dismissal or expulsion.I.Administrative ResponsibilityThe Administration is responsible for preparing and publicizing policy statements and procedures to comply with the letter and the intent of these laws, and is authorized to take action when these laws are violated. Specifically, the Administration will:A.Ensure that policies that support a drug-free work and study environment are published and publicized; andB.Provide for continuous self-evaluation of the institution’s awareness and prevention activities.II.Dissemination of InformationIn order to assure broad dissemination of the College’s commitment to a drug-free work and study environment, the following statement will be included in the College Catalog and StudentHandbook, and may be disseminated in other ways:“South Arkansas Community College prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by employees and students of the College on College property or as a part of its activities, and further prohibits the abuse of prescription drugs or alcohol by employees and students if such use impairs effective performance of their responsibilities. The Governor’s Policy Directive Number Five states that “use of alcoholic beverages or any unlawful use of controlled substances is strictly prohibited during working hours and will be grounds for immediate dismissal.”In an effort to inform employees and students about the effects of drugs and alcohol, the College will provide educational programs, counseling, and activities designed to increase awareness of the dangers and consequences of substance and alcohol abuse. The College maintains a current directory of referral agencies that deal with problems related to substance and alcohol abuse, including:A.South Arkansas Regional Health Center 862-7921B.Prevention Resource Center 864-2497C.Alcohol Abuse Help Line (24 hour access) 1-800-930-9329III.DefinitionsA.Drug – any chemical substance that affects living systemsB.Drug Paraphernalia -The term “drug paraphernalia” means all equipment, products and materials of any kind that are used, intended for use, or otherwise produced for introducing into the human body a controlled substance.C.Counterfeit Controlled Substances – A “counterfeit controlled substance” is any legal or illegal substance, whether in a container or not, which is represented to be or bears a label falsely identifying it as a scheduled drug or marijuana.IV.Procedure for Reporting ViolationsAnyone who encounters violations of federal, state or local laws which prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on College property or as part of its activities is encouraged to report such violations or suspected violations immediately. All reports should be referred to the Vice President for Academic Affairs and Student Services who is the designated Grievance Officer.VI.Disciplinary ActionDisciplinary action will be taken against employees and students found guilty of violating the public laws and College policies that prohibit the unlawful possession, use or distribution of illicit drugs and alcohol on College property or as part of any of its activities. The Administration is authorized to impose disciplinary action to include, but not be limited to the following:A.In cases involving employees: Employees found guilty of policy violation may be disciplined as follows:1.Dismissal – termination of employment with the College2.Probation – An official warning that the employee’s conduct is in violation of College policy. Probation may be imposed for varying periods of time with restrictions and behavior guidelines as a condition of continued employment; such conditions may include drug and alcohol abuse counseling.3.Letter of Reprimand – A letter, of which a copy will be placed in the employee’s personnel file, stating that the conduct noted is not acceptable to the College.B.In cases involving students: Students found guilty of policy violation will be subject to disciplinary action in accordance with procedures outlined in the Student Handbook.