Legal Guidelines

Equal Opportunity and Non-discrimination

MCC declares and reaffirms a policy of equal opportunity and non-discrimination. The College will make all decisions regarding employment without discrimination on grounds of race, color, creed or religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disabilities, military status, sexual orientation, gender-related identity, pregnancy, unfavorable discharge from military service, or other factors prohibited by law. Decisions regarding employment include hiring, promotion, termination, wages or salaries, benefits, and other terms and conditions of employment.

Any person having questions regarding the above is directed to contact Rachel Boldman, Title IX Coordinator, Location: Crystal Lake Campus; Office A252, 8900 U.S. Highway 14, Crystal Lake, IL 60012, (815) 479-7572; or Michelle Skinder, Vice President of Human Resources: Location: Crystal Lake Campus; Office A244, 8900 U.S. Highway 14, Crystal Lake, IL 60012, (815) 455-8738.

Violence Against Women Act of 1994 (VAWA), Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act), and Title IX

In recognition of the severity of the crimes associated with domestic violence, dating violence, sexual assault, and stalking, Congress passed the Violence Against Women Act, as part of the Violent Crime Control and Law Enforcement Act of 1994. The reauthorization of VAWA (2000, 2005, and 2013), along with the Campus SaVE Act and the Clery Act, have worked together to improve the safety of college campuses and enhance the outlook for abuse victims. The 2013 reauthorization of VAWA also provides additional rights and services for victims of domestic violence, dating violence, sexual assault, and stalking.

Title IX

Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination based on sex and gender, which includes sexual harassment and sexual violence, in education programs and activities. “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 financial assistance…Title IX prohibits a recipient from discriminating on the basis of sex in admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment.”

Title IX and Gender Identity

MCC seeks to provide a safe and nondiscriminatory environment for all students. The College recognizes that a failure to treat students in a manner consistent with their gender identity may create or contribute to a hostile environment in violation of Title IX. Incidents of harassment that target a student based on gender identity or gender expression may be addressed by the procedures implementing the College’s Sexual Discrimination, Harassment and Misconduct Policies (Title IX) and/or other applicable policies such as the Student Code of Conduct. The College will take prompt and effective steps to end the harassment, prevent its recurrence, and, as appropriate, remedy its effects. Please see the section entitled “Title IX Complaint Procedure” for more information on reporting such incidents. For more information on how MCC supports students’ gender identity, please visit www.mchenry.edu/transgender.

Title IX Coordinator

The Title IX Coordinator is the College employee with major responsibility for Title IX oversight and compliance efforts. The Title IX Coordinator’s responsibilities are critical to the development, implementation, and monitoring of meaningful efforts to comply with Title IX. The Title IX Coordinator at McHenry County College is Rachel Boldman, Director of Crisis Intervention and Prevention Services (815) 479-7572, rboldman@mchenry.edu.

What’s Your Responsibility?

If you observe, hear of, or are subject to an act of sexual harassment, or discrimination based on sex, gender, or gender identity, please contact the Title IX Coordinator at (815) 479-7572 or rboldman@mchenry.edu. You may also report your concerns online at www.mchenry.edu/sexualmisconduct, under the “Filing a Report” section. Employees who have knowledge of such incidents are required to report them to the Title IX Coordinator.

Title IX Complaint Procedure

Complaints of sexual harassment, or discrimination on the basis of sex, gender, or gender identity should be made to the Title IX Coordinator. Complaints may be made in person in office A252, by phone at (815) 479-7572, by email to rboldman@mchenry.edu, or through the online reporting form at www.mchenry.edu/sexualmisconduct, under the “Filing a Report” section. Employees who have knowledge of such incidents are required to report them to the Title IX Coordinator. All reports will be investigated promptly according to the College’s procedures implementing the prohibition of sexual discrimination, harassment, and misconduct, available at www.mchenry.edu/sexualmisconduct. Supportive measures are available to all parties involved in the complaint resolution process. Supportive measures are also available to individuals impacted by incidents outside of the College’s jurisdiction. For more information, please contact the Title IX Coordinator.

If an individual believes that the Title IX Coordinator is responsible for or has permitted harassment or discrimination to occur, they should report the matter immediately to the vice president of Human Resources, (815) 455-8738 or the vice president of Student Affairs at (815) 455-8584.

Discrimination, Harassment, And Anti-violence

The College seeks to maintain an academic and work environment free from harassment and discrimination for students, faculty, and staff. Harassment and discrimination are contrary to the standards of the College community; they diminish individual dignity, and impede equal employment and educational opportunities.

In compliance with all applicable laws, the College prohibits discrimination and harassment based on race, color, creed or religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disabilities, military status, sexual orientation, gender-related identity, pregnancy, unfavorable military discharge, or other factors prohibited by law in admissions, employment, participation in educational programs, or activities. Decisions regarding employment include hiring, promotion, termination, wages or salaries, benefits, and other terms and conditions of employment.

Intimidation, discrimination, and harassment, including sexual discrimination, can arise from a broad range of verbal, nonverbal, and/or physical behaviors. Discrimination, harassment, and/or intimidation can be perpetrated by employees, students, outside contractors, or other individuals on the College’s premises. The College strictly prohibits such misconduct and similar unacceptable activities that could become a condition of employment or a basis for educational or personnel decisions, or which create a hostile environment.

Any employee or student who engages in discrimination or harassment, or who retaliates against another individual for making or participating in the investigation of a report of discrimination or harassment, is subject to discipline, up to and including termination or expulsion from the College.

Individuals who believe they have experienced harassment or discrimination prohibited by the statements above are encouraged to contact the appropriate office. Students should contact the Office of Student Conduct, Office A252, at (815) 455-8696. Students may also contact the Title IX Coordinator in Office A252, at (815) 479-7572. Employees should contact Michelle Skinder, Vice President of Human Resources, Office A244, at (815) 455-8738.

Any student who believes that they have been harassed or discriminated against by another member of the College community may also contact the MCC Campus Police Department, Room B176, (815) 455-8733 (non-emergency) or 911 (emergency), to initiate a police investigation. The College will conduct its own investigation of any harassment/discrimination complaints independent of any criminal-related law enforcement investigation; however College and law enforcement investigations into harassment/discrimination may proceed simultaneously.

Student Rights and Responsibility

MCC recognizes that students are both citizens and members of an academic community. As a citizen, each student has the freedom of speech, assembly, association and the press, and the rights of petition and due process that are guaranteed by the state and federal constitutions. As members of an academic community, students have the right and the responsibility to participate in the formulation and review of all the College regulations and policies directly affecting them. Upon enrolling in the College, each student assumes an obligation to conduct him/herself in a manner that is compatible with the College’s function as an educational institution. If this obligation is neglected or ignored by the student, the College must, in the interest of fulfilling its function and meeting its total obligations, institute appropriate disciplinary action as allowed under Board policy.

Student Right-to-know

In compliance with federal Student Right-to-Know (SRK) legislation, the Drug-Free Schools and Campus Act, the Higher Education Act, and other federal regulations regarding consumer information, MCC provides the following information to current and prospective students:

• All Student Consumer Information - www.mchenry.edu/consumer
• Crime Statistics Report and Availability of Annual Campus Security Report - www.mchenry.edu/safety
• Registered Sex Offender Database - www.isp.state.il.us/sor
• Sexual Harassment Policy - www.mchenry.edu/sexualmisconduct
• Completion, Graduation and Transfer-Out Rates - www.mchenry.edu/sturight2know
• Drug and Alcohol Prevention Information - www.mchenry.edu/policy/drugpolicy.html
• Athletic Program Participation rates and Financial Support - Athletic tuition waiver scholarships are available to qualified and select student athletes as recommended by the head coach of each sport. Athletic prospects should contact the appropriate head coach to express interest in being considered for the program. For more information, visit the Athletics Office, Room A109, or call (815) 455-8580.
• Voter Registration Information-https://ova.elections.il.gov

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records:

• The right to review their educational records. Students may contact the director of Registration and Records and arrangements will be made to provide this information to the student.
• Students may request that their educational records be changed if the student believes the information is inaccurate or misleading.
• The right to permit disclosure of the student’s educational record. Students may sign a Release of Confidentiality Form in the Registration Office giving MCC permission to disclose information to any individual that the student designates.
• Students may request to have their directory information withheld. The following student information is designated as the directory information and may be disclosed or released by MCC at its discretion: Name, hometown, major field of study, image, dates of attendance, enrollment status, degrees and awards received, the most recent educational agency or institution attended by the student, participation in officially recognized activities and sports, and height and weight of members of athletic teams. To have all of the directory information withheld, the student must give written notice, in person, to the director of Registration and Records.
• The right to file a complaint with the U.S. Department of Education concerning the College’s violation of FERPA. The name and address of the office that administers FERPA is:
  Family Policy Compliance Office
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, DC 20202-4605

College officials of MCC are defined as all College employees, as well as contractors, consultants, volunteers, members of the Board of Trustees, student employees, students serving on an official committee, scholarship donors (for the sole purpose of evaluating scholarship recipients) and other outside parties providing services and performing functions for the College.

Education records may be disclosed to college officials without prior written consent if that College official has a legitimate educational interest. Legitimate educational interest means that the information or records are relevant and necessary to accomplish a task or determination AND the task or determination is a responsibility required for the person’s employment or is a subject matter for the person’s employment responsibility.

Visit www.mchenry.edu/ferpa for more information.

Crime Awareness and Campus Security Act of 1990

The primary goal of the McHenry County College (MCC) Police Department is to ensure the safety and well-being of all individuals on the campus and to provide protection for all College buildings, facilities and property.

MCC’s Campus Police Department staffs both trained police officers and security professionals, all of whom are able to assist students, employees and the community during campus emergencies. MCC police officers are fully trained and commissioned, and have met the requirements as mandated and regulated by the Illinois Compiled Statutes and the Illinois Law Enforcement Training and Standards Board.

On campus, the officers of the MCC Police Department enforce all rules, regulations and laws, both of the state and of the College community, including criminal and traffic laws, as well as those regulating the use of alcoholic beverages, the use of controlled substances and weapons violations. They also work closely with federal, state and local law enforcement agencies in the surrounding communities, assisting with incidents that may affect the College.

All in progress criminal activity, life threatening medical emergencies or similar situations should be reported immediately to the MCC Police Department by dialing 911. A campus police officer will be dispatched.

For all non-emergency calls, please dial x8733 from any campus telephone located in the halls and classrooms throughout the campus buildings, or by dialing (815) 455-8733 from an outside line.

Campus Police Department has an informative webpage displaying crime reporting, activity log, emergency procedures, crime tips, videos and more. The webpage can be accessed at www.mchenry.edu/safety.

Firearms

Possession of firearms on McHenry County College campus, on property controlled by the College, at College sponsored events, at events attended while on College business, or in College owned or leased vehicles is prohibited, except as permitted by the Illinois Firearm Concealed Carry Act (430 ILCS 66) (“Act”). A firearm includes any gun, pistol, rifle, assault rifle or shotgun from which a projectile is fired by gunpowder or other explosive action.

In compliance with the Act, an individual with a valid concealed carry license issued by the State of Illinois must properly store his/her firearm in his/her vehicle out of sight in a secure and closed container prior to entering any College facility, event or vehicle according to specific requirements of the Act.

The McHenry County College Police Department should be notified of any individual suspected or found to have a firearm on their person. Campus Police Officers will determine whether the individual has lawfully recognized authority to possess a firearm on College property. McHenry County College will pursue appropriate disciplinary and/or criminal action against anyone found in violation of this policy and/or the statute.

Law enforcement officers authorized to carry a firearm may carry their firearm on College property and in College facilities, in accordance with the laws of the State of Illinois governing police officers and the Law Enforcement Officers Safety Act of 2004 (218 U.S.C. 926B and 926C). The College may request current/valid identification of the officer’s law enforcement capacity authorizing possession of a firearm and reserves the right to confirm the officer’s law enforcement capacity with proper authorities.

Campus Crime Awareness

The College recognizes that crime prevention on the campus is best served by an active effort to promote staff and student awareness of College policies and procedures and encourage employees and students to act in a responsible manner in regard to their own security and the security of others.

Many crimes are crimes of opportunity. Here are some tips on how to prevent certain crimes:

• Safety in numbers. If you have a concern for your personal safety while on campus, the Campus Police Department will provide you with an escort.
• Report any suspicious and unusual activity to the Campus Police Department immediately.
• Lock your car, remove and take the keys with you.
• Do not leave personal belongings unattended.
• If you ride a bicycle/moped or motorcycle, use a good chain and lock to better secure it. Consider high-security locks and chains for your bicycle/moped or motorcycle.

Campus Police officers can assist you with crime prevention on or off campus. If you have a question, contact Campus Police. Together, we can make crime prevention work for you.

Secure your vehicle:

• Always lock your vehicle on campus.
• Keep your vehicle in good operating condition.
• Record the make, model and serial number of all valuable items in your vehicle.
• Mount auxiliary electronic devices such as iPod’s, GPS’s and other electronic equipment so they can be removed and locked in your trunk.
• Consider installing an alarm system in your vehicle to guard against theft.
• When having your vehicle serviced at the auto shop, leave only the ignition and door keys.
• Check to be sure you always have an ample supply of gasoline.
• Always check the back seat before getting into your vehicle.
• Report any suspicious persons or vehicles to the Campus Police Department immediately.

Campus Crime Statistics

Crime Awareness and Campus Security Act of 1990: Campus Crime Statistics Report

The MCC Police Department is required by federal law to compile a Campus Crime Statistical Report to make it available to the public. The report is available on our website, in the Library (A212), and Student Success Center (A247). Individual copies are available upon request at the MCC Police Department (B176). Further information concerning compliance should be directed to the MCC Police Department.

Main Campus
(8900 US Highway 14, Crystal Lake, IL)

Crime Statistics by Category and Year

Shah Center
(4100 West Shamrock Lane, McHenry, IL)

Crime Statistics by Category and Year

Registered Sex Offender Information

The Illinois State Police provides a list of registered sex offenders which can be accessed online. The online database is updated daily and allows searches by name, city, county and zip code. Information about registered sex offenders may be obtained at www.isp.state.il.us/sor/. A link to this database may also be accessed thru the Campus Police webpage under the “Crime Information” at www.mchenry.edu/safety

This information is being provided under the mandates of the Campus Sex Crimes Prevention Act (section 1601 of public law 106-386, enacted October 28, 2000.)

Additionally, federal and state laws require sex offenders to take certain steps upon enrollment in an institution of higher education, regardless of whether their enrollment is full or part time. Pursuant to the Campus Sex Crimes Prevention Act, individuals are required to register as a sex offender in the jurisdiction where their residence is located, jurisdiction where the college they attend is located, and the College Police Department. In order to comply with federal and state registration requirements related to college enrollment each semester, a sex offender must register within three days of attendance at a college by reporting in person to the city police department or county sheriff’s office in the jurisdiction where the college is located, as well as the McHenry County College Police Department. Students who fail to register their status as a sex offender in each of these locations are in violation of the registration act and face arrest and expulsion from the College.

Within ten business days prior to the start of class or immediately upon registration, registered sex offenders are required to notify the Student Conduct Office of their class schedule. Failure to comply may result in an automatic administrative course withdrawal and/or denial of enrollment and access to campus and/or the decision of the College to contact local law enforcement authorities.

Once a registered sex offender is identified as an enrollee of the College (see information above), the following procedure will be followed:

• McHenry County College Police Department will notify the Conduct Officer or his/her designee when a student has completed the registered sex offender process with their office. The McHenry County College Police Department will advise the registered sex offender to contact the Student Conduct Office to schedule an initial meeting with the Conduct Officer or his/her designee. The registered sex offender may contact the Conduct Office by calling: (815) 455-8696. In the event that the sex offender has not yet registered with the Campus Police Department, the Conduct Officer will immediately direct them to do so prior to the meeting.
• The Conduct Officer will review the student’s class schedule and determine which restrictions should be put in place in accordance with state and federal law.
• During the meeting, the Conduct Officer will provide the student with a written letter containing the restrictions the student must abide by while on the College’s campus, and will discuss each restriction verbally with the student. During this meeting, the student will also be advised that his/her failure to comply with the restrictions outlined in the letter may result in an automatic course withdrawal and/or denial of enrollment and access to campus and/or the decision of the College to contact local law enforcement authorities.
• If a registered sex offender is enrolled in a course with a student who is under the age of 18, the Conduct Officer will determine if other course section(s) are available to the registered sex offender, or notify the class instructor of the student’s status as a sex offender.

The Conduct Officer will also determine if there are other College staff members who need to be notified of a student’s status as a registered sex offender in order to protect persons under the age of 18 on the College’s campus. In some circumstances, the registered sex offender may be required to enroll in a course section that does not contain minors.

If applicable, the Conduct Officer will notify appropriate College officials serving students under the age of 18 of all registered sex offenders enrolled in or employed by McHenry County College.

The College’s Campus Police Department will maintain access to a database of all registered sex offender students and employees. The database will contain identifier information as outlined in the Campus Sex Crimes Prevention Act. This information will be available or review by any person requesting information on registered sex offenders enrolled and employed by the College.

Drug and Alcohol Use Policy

The College has adopted a policy related to use of controlled or illegal substances on campus in accordance with the Drug-Free Workplace Act of 1988. The McHenry County Board of Trustees has adopted a policy regulating the possession and use of alcoholic beverages and drugs on the campus. Employees and students found to be in violation of such policies may have disciplinary procedures imposed in addition to prosecution under state and federal laws.

Tobacco-Free Campus Policy

To promote a safe, clean and healthy learning environment for students, employees, and community patrons, McHenry County College is a tobacco-free campus environment.

Learn about details and procedure information at www.mchenry.edu/policy/smoking.html

Student and Stakeholder Complaint Procedure

McHenry County College (MCC) is committed to service excellence, both in and out of the classroom. In order to continuously ensure quality and enhance our services to students and the community, we welcome your feedback about what is working, as well as those areas in which MCC may need to improve.

How to submit a complaint:

• Students/stakeholders may file a complaint in person, via email, phone, mail, comment cards (available on campus), or online at www.mchenry.edu/complaints. When a complaint is received, the employee directly responsible for the area the complaint is about will investigate the issue. Immediate action will be taken to resolve the issue, provide follow-up information if requested, and record the outcome.
• If a student/stakeholder does not agree with the resolution or feels that the issue has not been fully resolved, he/she may appeal to the next-level supervisor of that area/department in question. To appeal, please submit a written statement describing the issue to the next-level supervisor for review, and arrange a meeting if necessary. Appeals must be submitted within seven business days from the date the student/stakeholder received follow up from the initial employee. The next-level supervisor will respond to the student/stakeholder within 15 business days from the date of the appeal submission.
• If the results of the appeal are unsatisfactory, the student/stakeholder may appeal to the vice president of the area/department in question within 7 business days from the date of the previous response. To appeal, please submit a written statement describing the issue and arrange to meet with the vice president if necessary. The vice president will respond to the student /stakeholder within 15 business days from the date of the appeal submission. The decision of the vice president will be considered final.