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College Policies

The administration, staff, and faculty of the Nebraska Indian Community College (NICC) are committed to a program of equal opportunity for education, employment,and participation in college activities without regard to race, color, sex, age, religious creed, political ideals, marital status, physical or mental handicap, national origin or ancestry.

The Nebraska Indian Community College complies with Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, as well as applicable federal, state, tribal, and local laws. The person charged with monitoring and coordinating Equal Opportunity and Affirmative Action matters, as well as compliance with the aforementioned laws is the Business Office Director.

The College retains the right to follow a policy of Indian preference in employment in line with the Title VI and Title VII of the Civil Rights Act of 1964, the Title IX of the Education Amendments of 1972 and any other applicable federal, state and tribal laws.

The College and its Board of Directors reserve the right to make changes in course offerings, policies, tuition and fees without notice.

Sexual and Gender Harassment

NICC is pledged to maintain a safe working and learning environment because sexual harassment can interfere with a student's academic performance and emotional and physical well-being, and that preventing and remedying sexual harassment in schools is essential to ensure nondiscriminatory, safe environments in which students can learn.

Current laws define various violent and/or non-consensual sexual acts as crimes. Additionally, Nebraska Indian Community College has a defined category of sexual misconduct for which action under this policy may be imposed. Generally speaking, NICC considers sexual intimidation or exploitation violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, NICC reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses, including intimate partner or relationship violence, nonconsensual sexual contact, and stalking based on the facts and circumstances of the grievance.

Complaints regarding sexual and gender harassment will be directed to the Human Resource Manager and/or Academic Dean. For additional information refer to: http://www.thenicc.edu/images/pdfs/2017-Annual-Security-Report.pdf

Discrimination

Fair, prompt, and impartial consideration of complaints involving discrimination on the grounds of race, religion, sex, age, national origin, or disability will be provided to students without fear of reprisal. Full cooperation will be provided to an individual who files a complaint of discrimination. Matters of discrimination can be directed to the Academic Dean.

Discipline

Students are to maintain orderly conduct that is consistent with an educational environment. An instructor may remove a student from the classroom for disciplinary reasons. The violation is then reported to the Academic Dean for review and action. Discipline is the responsibility of the Academic Dean who has the authority to act on any violation and take whatever action is deemed appropriate. The Academic Dean will review all complaints and may dismiss the allegations, make an administrative disposition, or conduct a formal hearing in conjunction with the grievance committee. Possible disciplinary actions can be found in the Student Rights section of this catalog. Students dissatisfied with findings of the Academic Dean should follow the Grievance Procedure.

College Sanctions

The exhibition of intoxication or drug impairment on Campus locations will result in the student being escorted out of the campus facilities. If the student does not have a ride the authorities should be called. Repeated offenses will result in expulsion from school.

Any alcohol or drug related incident that involves harassing or threatening statements that potentially endangers any student, staff, Faculty or Administrator will automatically result in the college calling the authorities and will result in expulsion from school.

Offenses that are managed internally may result in the loss of travel privileges and/or loss of Institutionally managed scholarships.

If a student under the age of 21 is involved in any of the above actions their parent or guardian will be notified. Any expulsion or termination related to alcohol abuse or drug use will result in the student or employee being required to complete a licensed treatment program and show proof prior to their review for reinstatement.
The drug penalty schedule is as follows:

POSSIBLE DRUG PENALTIES UNDER TRIBAL, STATE AND FEDERAL LAW*
(*not a comprehensive list)
Schedules-Drugs and other substances that are considered controlled substances under the Controlled Substances Act are divided into five schedules. For the most up to date and complete schedules, which are published annually see Title 21 Code of Federal Regulations (C.F.R.) §§1308.11 through 1308.15. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, the relative abuse potential, and likelihood of causing dependence when abused. Some examples are listed below:
Schedule I Controlled Substances
Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Examples of Schedule I substances are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone and 3,4-methylenedioxymethamphetamine (Ecstacy).
Schedule II/IIN Controlled Substances (2/2N)
Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Examples include: hydromorphone, methadone (Dolophine®), meperdine (Demerol®), oxycodone and fentanyl. Other Schedule II narcotics include: morphine, opium, codeine and hydrocodone. Schedule II stimulants include: amphetamine (Adderall®), methamphetamine, and methylephenidate (Ritalin®).
Schedule III/IIIN Controlled Substances (3/3N)
Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include: Narcotics products including not more than 90 milligrams of codeine per dosage unit and buprenorphine, and non-narcotics such as ketamine and anabolic steroids.
Schedule IV Controlled Substances
Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Examples are: alprazolam (Xanax ®), clonazepam (Klonopin®), diazepam (Valium®), lorazepam (Ativan®), and triazolam (Halcion®).
Schedule V Controlled Substances
Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. Examples include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®), and ezogabine.

Drug Trafficking is defined as the selling, manufacturing, growing, delivering, or possessing more than a certain amount of a controlled substance. The amount of the substance that needs to be involved in order to label it a trafficking charge depends on the substance. Below are the federal penalties for certain trafficking crimes (excluding marijuana):
FEDERAL TRAFFICKING PENALTIES FOR SCHEDULES I, II, III, IV AND V (EXCEPT MARIJUANA)
The following Substances and amounts are subject to a first offense penalty of not less than 5 years and not more than 40 years in prison. If death or serious bodily injury, not less than 20 years or more than life imprisonment and/or a fine of not more than $5 million if an individual and not more than $25 million if not an individual. They are subject to second offense penalties of not less than 10 years and no more than life. IF death or serious bodily injury then life imprisonment. A second offense may have a fine of not more than $8 million if an individual and not more than $50 million if not an individual.
Schedule I: Fentanyl Analogue 10-99 grams mixture, Heroin (100-999 grams mixture), LSD (1-9 grams mixture); Schedule II: Cocaine (500-4999 grams mixture), Cocaine Base (28-279 grams mixture), Methamphetamine 5-49 grams pure or 50-499 grams mixture), PCP (10-99 grams pure or 100-999 grams mixture); Schedule IV: Fentanyl (40-399 grams mixture).
The following Substances and amount are subject to a first offense penalty of not less than 10 years and not more than life imprisonment. If there is death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense penalty is also subject to a fine of not more than $10 million if an individual and not more than $50 million if not an individual. A second offense is subject to a penalty of not less than 20 years and not more than life imprisonment. If death or serious bodily injury the penalty is life imprisonment. A second offense penalty is subject to a fine of not more than $20 million in and individual and not more than $75 million if not an individual. If there are two or more prior offenses the penalty will be life imprisonment and a fine of not more than $20 million if an individual and not more than $75 million if not an individual:
Schedule I: Fentanyl Analogue (100 grams or more mixture), Heroin (1 kilogram or more mixture), and LSD (10 grams or more mixture); Schedule II: Cocaine (5 kilograms or more mixture), Cocaine Base (280 grams or more mixture), Methamphetamine (50 grams or more pure or 500 grams or more mixture), PCP (100 grams or more pure or 1 kilogram or more mixture); Schedule IV: Fentanyl (400 grams or more mixture).
OTHER DRUG TRAFFICKING PENALTIES FOR SCHEDULES I, II, III, IV AND V (EXCEPT MARIJUANA)
Any amount of other Schedule I & II Substances, Any Drug Product Containing Gamma Hydroxybutyric Acid, and Flunitrazepam (Schedule IV-1 gram). First Offense: Not more than 20 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment and/or a fine not less than $1 million for an individual and not more than $5 million if not an individual. Second Offense: Not more than 30 years imprisonment. If death or serious bodily injury, life imprisonment. Second offense is also subject to a fine of no more than $2 million if an individual or no more than $10 million if not an individual.
Any amount of Other Schedule III Drugs. First Offense: Not more than 10 years imprisonment. If death or serious bodily injury, not more than 15 years imprisonment. A first offense may also have a fine of no more than $500,000 if an individual and no more than $2.5 million if not an individual. Second Offense: Not more than 20 years imprisonment. If death or serious injury, not more than 30 years imprisonment. Second offense is also subject to a fine of not more than $1 million in an individual and not more than $5 million if not an individual.
Any Amount of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam). First Offense: Not more than 5 years imprisonment and/or a fine of not more than $250,000 if an individual and not more than $1 million if not an individual. Second Offense: Not more than 10 years imprisonment and /or a fine of not more than $500,000 if an individual nor more than $2 million if other than an individual.
Any Amount of All Schedule V Drugs. First Offense: Note more than 1 year imprisonment and/or a fine of not more than $100,000 if an individual and not more than $250,000 if other than an individual. Second Offense: Not more than 4 years imprisonment and/or a fine of not more than $200,000 if an individual and not more than $500,000 if not an individual.
FEDERAL TRAFFICKING PENALTIES FOR MARIJUANA, HASHISH AND HASHISH OIL, SCHEDULE I SUBSTANCES
Marijuana (1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants). First Offense: Not less than 10 years or more than life imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense is also subject to a fine of not more than $10 million if an individual nor more than $50 million if other than an individual. Second Offense: Not less than 20 years nor more than life imprisonment. If death or serious bodily injury than no more than life imprisonment. Second offense is also subject to a fine of not more than $20 million if an individual or more than $75 million if other than an individual.
Marijuana (100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants. First Offense: Not less than 5 years or more than 40 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense is also subject to a fine of not more than $5 million if an individual nor more than $25 million if other than an individual. Second Offense: Not less than 10 year nor more than life imprisonment. If death or serious bodily injury, not more than life imprisonment. Second offense is also subject to a fine of not more than $8 million if an individual or more than $50 million if other than an individual.
Marijuana (50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants), Hashish (more than 10 kilograms), and Hashish Oil (more than 1 kilogram). First Offense: Not more than 20 years imprisonment. If death or serious bodily injury, not less than 20 years nor more than life imprisonment. First offense is subject to a fine of no more than $1 million if an individual and no more than $5 million if other than an individual. Second Offense: Not more than 30 years imprisonment. If death or serious bodily injury no more than life imprisonment. Second offense is also subject to a fine of not more than $2 million if an individual and not more than $10 million if other than an individual.
Marijuana (less than 50 kilograms, 1 to 49 marijuana plants), Hashish (10 kilograms or less), and Hashish Oil (1 kilogram or less). First Offense: Not more than 5 years imprisonment and/ or a fine of not more than $250,000 if an individual and not more than $1 million if other than an individual. Second Offense: Not more than 10 years imprisonment and/or a fine not more than $500,000 for an individual nor more than $2 million if other than an individual.
Santee Tribal Code Provision
(The Santee Dakota Nation of Nebraska has adopted the criminal laws of the State of Nebraska)
Nebraska
(NE uses the federal schedule for classifying drugs)
Neb. Stat. 28-416. Except as authorized by the Uniform Controlled Substances Act (21 U.S.C. Chapter 13), is shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute or possess with intent to distribute a counterfeit controlled substance.
Anybody who violates the section above with respect to a controlled substance classified in Schedule I, II or III (except for cocaine, heroin and amphetamine) is guilty of a Class II felony. The penalty for a Class II Felony is between 1 and 50 years imprisonment.
Anybody who violates the section above with respect to a controlled substance classified in Schedules IV or V is guilty of a Class IIIA felony. The penalty for a Class IIIA felony is up to 5 years imprisonment or a fine of up to $10,000 or both.
Anybody who violates the section above with respect to cocaine or any mixture or substance containing a detectable amount of cocaine a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 year to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to base cocaine (crack) or any mixture or substance containing a detectable amount of base cocaine in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 year to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to heroin or any mixture or substance containing a detectable amount of heroin in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 years to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to amphetamine, its salts, optical isomers, and salts of its isomers or with respect to methamphetamine, its salts, optical isomers, and salts of its isomers, in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 years to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Marijuana
Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor which is punishable by up to three months in jail or a fine up to $500 or both.
Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony punishable by up to 5 years in prison or a fine of up to $10,000 or both.
Any person knowingly or intentionally possessing marijuana weighing one ounce or less or any substance containing a quantifiable amount of the substances, chemicals, or compounds of Schedule I shall:
(a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course if the judge determines that attending such course is in the best interest of the individual defendant.
(b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined $400 dollars and may be imprisoned not to exceed five days.
(c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven days.
Omaha Tribal Code Provision
Possession
SECTION 5-3-6
Unlawful Manufacture or Delivery of a Controlled Substance is a Class A offense.
Unlawful Possession of a Controlled Substance is a Class A Offense.
Class A offenses may be sentenced as follows: a term of imprisonment not to exceed one (1) year and a fine not to exceed $5,000.
SECTION 5-4-124
Possession of Marijuana can be a Class A, B, or C offense and is dependent of the amount possessed.
Class A possession under this section is subject to a fine of not less than $1500 or a term of imprisonment not to exceed 12 months, or both.
Class B possession under this section is subject to a fine of not less than $500 or a term of imprisonment not to exceed 90 days, or both.
Class C possession under this section is subject to a fine of not less than $300.
Referrals to community treatment agencies/centers may be made by college staff. Suggested agencies available in the area:
Jackson Recovery Centers (several locations in the same area)
https://www.jacksonrecovery.com/
800 5th St., Sioux City, IA. 51101 (main office)
712-234-2300
Substance Abuse, Mental Health

Ponca Tribe of Nebraska Behavioral Health Services
http://www.poncatribe-ne.org/Offices
125 6th St., Sioux City, IA 51101
712-258-0500
Behavioral Health

Transitional Services of Iowa
http://www.transitionalservicesofiowa.org/contact_us.html
1221 Pierce St., Sioux City, IA 51105
712-255-0204
Mental Health, Behavioral Health

Winnebago Tribe Behavioral Health
http://www.winnebagohhs.com/services/behavioral_health.html
225 Bluff St., Winnebago, NE 68071
402-878-2911
Behavioral Health

Chee Woy Na Zhee Halfway House
203 Maple St., Winnebago, NE 68071
402-878-2480
Substance Abuse

Omaha Suicide Prevention Resource Center
http://www.sprc.org/grantees/omaha-tribe-nebraska
312 Main St., Macy, NE 86039
402-846-5280
Mental Health

Chee Ponca Tribe Health/Wellness
http://www.poncatribe-ne.org/
249 Spruce Ave., Niobrara, NE 68760
402-857-3341
Substance Abuse

LIMPH
System of Care Indian Center
www.societyofcare.org
Niobrara, NE
(402) 857-2508 x304
Mental Health


H.E.A.R.T. Santee Clinic
Rez.sez.cl@gmail.com
110 South Visiting Eagle St.
Niobrara, NE
402-857-2508


ONCRT- Walthill
www.omahanationcrt.org
312 Main St. Fl. 2
Walthill, NE
402-846-5280

Services For Students With Special Needs

Nebraska Indian Community College is committed to serving qualified students with disabilities with reasonable accommodation under the Americans with Disabilities Act.

To comply with the mandate of Section 504 of the Rehabilitation Act of 1973, NICC ensures that comparable education programs and services offered to other qualified students are available to qualified students with disabilities. A “qualified student with disabilities” is one who, with reasonable accommodation, can meet all of an education program’s requirements notwithstanding the disability.

Reasonable accommodations are made in the instructional process to ensure appropriate education opportunity. This principle applies to teaching strategies and modes, as well as to institutional policies. It does not mean, however, that essential elements of a course or program will be deleted or substantially altered because of the disability. The objective is to assist the student in meeting established academic standards, not to provide a program different in substance from that provided to other qualified students.

In order for a student to receive disability accommodations under Section 504 of the Rehabilitation Act of 1973, he or she must schedule an individual meeting with their Faculty member before each semester or upon immediate recognition of the disability. It is the student’s responsibility to inform the instructor of the disability and the type of accommodation needed. If the classroom instructor is unable to provide the accommodation, or if the instructor refuses the student’s request, the student may request advocacy services from the Academic Dean.

Students with disabilities must provide written documentation from a medical physician and/or licensed clinician that verifies his or her disability with recommended accommodations. Documentation must be current (within 3 years) and will be filed in the student’s permanent record housed at the Macy Campus. Faculty will assist the student in notifying his or her Student Services Advisor about the recommendation for academic accommodation. Disability accommodation plans must be updated EACH SEMESTER.


In the event of a rejection of accommodation request, the student has the right to file a formal grievance by using the protocol currently in place. The Grievance Process is listed in its entirety in the Current College Catalog on page 24.

Release of Student Information

In general, the policy of the Nebraska Indian Community College is to keep student records confidential. It is the intention of the college to fully comply with the Family Education Rights and Privacy Act of 2002, Section 507 of Public Law 107-56; as amended April 12, 2002, in response to the terrorist attacks on the United States that took place on September 11, 2001. The college has established policies and procedures to implement compliance. Students requesting a third-party release will be required to have a signed document on file in their permanent student record. The Federal Law allows release of current address to institutions such as loan companies and other Federal requests for reporting.

CONSUMER INFORMATION
Nebraska Indian Community College complies with all federal, state, and local laws, which relate to student records including the Family Educational Rights and Privacy Act (FERPA) and pursuant regulations. The Registrar, Dean of Student Services and the Academic Dean are responsible for maintaining and controlling all student educational records. An individual who believes that the College has failed to comply with the requirements of FERPA may file a complaint with the:
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-1605

Under the law, directory information may be released by the College without the student’s consent. The following items are considered directory information: student’s name, address, telephone number, email address, major field of study, dates of attendance, honors and awards received, degrees and awards, photographs and the most recent previous institution attended by the student. If a student does not desire such directory information to be released, a request in writing must be filed with the Registrar’s Office.

Release of information other than directory information normally requires written permission from the student. The College may release non-directory information without consent in specific cases as outlined in College policies. Nebraska Indian Community College maintains records of all disclosures. Students have the right to inspect their educational records. The College will not withhold a student’s record from a student who has properly requested information under the conditions described in the College’s policies and present valid identification. A student has the right to request an amendment of their record, obtain a grievance hearing related to their record, or add statement to their record. An individual who believes that he or she has been denied the right to view appropriate records may appeal the decision with the Academic Dean through the academic appeal process.

If you would like assistance finding more information regarding alcohol/drug addictions there are numerous drug and alcohol counseling, treatment and rehabilitation centers located in Northeast Nebraska including both reservations. Please contact the Dean of Student Services for more information, or your local treatment facility.
Macy Alcohol Counseling Center, Macy ~ 402-837-4053
Santee Dakota Alcoholism Program, Niobrara ~ 402-857-2508
Valley Hope, O'Neill ~ 1-800-544-5101
Jackson Recovery Inc. ~ 712-234-2300

Our student enrollment data and campus security report are located at http://nces.ed.gov/ipeds/cool. The Campus Security Report is also posted on each campus site. More information regarding Consumer Information is located at http://www.thenicc.edu/index.php/en/current-students/consumer-information.
All Offices able to disseminate information are listed in the College’s catalog. They are as follows: Academic Dean, Dean of Student Services, Financial Aid, Registrar’s Office, and Student Billing.

Drug-Free College Community

NICC is committed to providing a healthy, safe, and secure educational environment. It is policy that reasonable measures shall be taken to establish and maintain a drug-free college community as required by the Drug-Free Schools and Communities Act (Public Law 101-226) and Drug-Free Workplace Act of 1988 (Public Law 101-690) and applicable state and tribal statutes. No person - student, faculty member, staff or visitor - shall be permitted on college premises in a state of intoxication, or under the influence of illegal substances. Neither alcohol nor controlled substances may be carried, consumed, manufactured or distributed at NICC college events, or on NICC premises. In the college curriculum, health and social risks of alcohol and drugs are addressed in the required courses of Health Education and Wellness. (Remove this sentence and replace with following paragraph.)


The use of illicit drugs and the abuse of alcohol carry significant social, physical, and emotional health risks. Users may suffer damage to key body organs such as the heart, liver, kidneys, and central nervous system. Drugs can kill the user, and the use of drugs and alcohol during pregnancy may cause birth defects or death of unborn babies. Drugs and alcohol abuse may cause difficulties with concentration and memory that impairs learning. Drugs and alcohol abuse can be instrumental in the deterioration of family units and the breakdown of friendships and other support systems.

Smoking Policy

Nebraska Indian Community College is a smoke-free institution and smoking is prohibited inside any of the buildings maintained, owned, and operated by the college. This policy applies to all employees, students, and visitors.

Cigarettes, tobacco, and devices such as e-cigarettes, pipes, and vaporizers will be allowed in designated smoking areas only outside of the buildings and must be at least 15 feet from any entrance, exit, or ventilation system.
Smoking is not allowed near the front entrances to any of the main campus buildings. The designated smoking areas are posted at each campus. There is no smoking in NICC Vehicles.

Violence-Free Institution

The Nebraska Indian Community College has zero tolerance for physical or verbal violence of any kind. Anyone causing a situation which threatens the physical or emotional well-being of any NICC student, staff, faculty, administrator, or visitor will be removed, barred or dismissed from enrollment or employment from the campus. Any situation involving violence could also result in criminal prosecution. Local law enforcement will be summoned if the problem becomes persistent or if there appears to be an immediate threat to a person’s physical or emotional well-being. Campus Crime and Security Report will be compiled and distributed annually.

Student Rights

The following rights of the student are recognized as among those that the College has the responsibility to foster and protect.
● The right to pursue educational, recreational, social, religious, and cultural activities.
● The right to maintenance of a campus environment characterized by safety and good order.
● The right to organize, join, and maintain membership in associations to promote lawful interests the student holds in common with other students, subject to reasonable and non-discriminatory College regulations.
● The right to appropriate available services of the faculty, administrative offices, and support services of the College. ● The right to report grievances or complaints to college administration or staff, local police, Federal agencies, or Tribal authorities.
● The right to fair and impartial evaluation of the student's academic work.
● The right to have complete and accurate records maintained by the College of the student's academic performance and the right to review them.
● The right, through representatives of the student's choice, to voice his or her opinion and to participate in the formulation of regulations affecting student affairs.
● The right to have the College maintain and protect the student's academic conduct, financial information, and counseling records, as required by the Family Educational Rights and Privacy Act (FERPA). A copy of the FERPA Act may be requested through the Admissions/Advising/Records Office and can be viewed under Consumer Information at www.thenicc.edu. The student has the right to provide a written request for the disclosure of their records. If the student requests a copy of the records, a charge of $.10 per page will be assessed to the student’s account. See also Release of student information for more information.

Student Responsibilities

Students are bound by all rules, regulations, and processes of the College Catalog effective during their term of enrollment. Students should read the NICC College Catalog carefully, as it is their primary source of information on requirements and regulations. The College will not waive a regulation because a student pleads ignorance of it. This College Catalog should be retained as a permanent record for reference, transfer, and graduation information.

● Students are responsible for their own learning and development by becoming active learners through attending class, completing class and laboratory assignments, and preparing in advance for their scheduled classes.
● The final responsibility for planning courses, meeting requirements, and observing regulations lies with the student. It is the students' responsibility to know and observe all policies and procedures for their programs.
● Students should assume responsibility for their own verbal and non-verbal communications, writings, and behavior.
● Students shall maintain confidentiality when appropriate and indicated.
● Students are responsible for appropriate use of services provided by the College.
● Students are responsible to uphold the College's academic honesty policy.
● Nebraska Indian Community College students are expected to abide by local, tribal, and applicable state and federal laws, as well as college regulations.

Members of the student body will engage in reasonable behavior that promotes unity and ensures quality education to be the final result. The following are among the responsibilities recognized as incumbent upon every student:

Student Code of Conduct

NICC expects its students to abide by local, tribal, state, federal laws, and college regulations. The college will not tolerate unlawful behavior, which infringes upon or denies the rights and freedoms of others, or disruptive acts, which affect either the academic or the civil operation of the college. NICC standards of conduct clearly prohibit the unlawful possession, use, or distribution of illicit drugs and the possession, use or sale of alcohol by students on its property or as part of any of its officially recognized activities. If a student becomes disruptive and refuses to leave when asked, law enforcement officials will be contacted. Any student who fails to observe these laws and regulations may be denied the services of the college through due process.

Honesty Policy

The act of cheating, academic fraud, or plagiarism will not be tolerated at the Nebraska Indian Community College. Academic fraud is creating false documents, altering existing documents, or forging official signatures or credentials for academic purposes.

Technology Use Policy

PURPOSE & DISCLAIMER
● NICC computer systems are provided for use by students, faculty, staff, and library users for the purpose of furthering the educational mission of the College, this includes coursework, college-related educational endeavors, and business operations.
● The Internet is an immense global network, which is currently unregulated. It provides a wealth of materials that may be enriching to individuals. It also allows access to material that may be offensive or illegal. Patrons are encouraged to evaluate Internet sources carefully. NICC, the Santee Tribal Library, and the Omaha Tribal Library are not responsible for the material patrons’ access through the Internet. Patrons assume all responsibility for material accessed or copied from the Internet
● The College cannot assure that data or files downloaded by users are virus-free. The College is not responsible for damages to equipment or data on a user's personal computer from the use of data downloaded from the College’s Internet service.
● Computer use in the library is offered in 30-minute sessions on a first-come, first-served basis; each user is allowed one session--if there is no user waiting for the service at the end of a session, the user can have another session, but once having had the service for 30 minutes the user must abandon use of the Internet if another user requests use of the service.
● Copyright laws apply to Internet material, just as they apply to other information in the College. It is the patron’s responsibility to comply with copyright laws.

POLICIES
● Patrons will be asked to sign a log-in sheet for computer use
● Library staff will provide workshops on Internet use and research techniques for students, faculty and staff of the college as well as the general public
● PRINTING: must get permission from library staff before printing.
● Absolutely no food or drinks are allowed by any computers. If you are asked to remove these items and do not comply, you will be asked to leave.

Acts of misconduct which will be the cause for disciplinary action up to and including discharge, as well as possible legal and/or civil action:
● Users will not access materials that are inappropriate. This includes information of a sexual or graphic nature. If users are found using the Internet for this type of material, they will be asked to leave.
● Users will respect and uphold copyright laws and all other applicable laws and regulations; they will not use it for illegal purposes.
● Users will respect the rights and privacy of others by not accessing private files
● Users agree not to incur any costs for the college through their use of the Internet service
● Users shall not create and/or distribute computer viruses over the Internet
● Users shall not deliberately or willfully cause damage to computer equipment, programs, or parameters
● Users shall not make, distribute, or use unauthorized copies of licensed software;
● Unauthorized copying of anything that is licensed or protected by copyright. This includes, but is not limited to any software (including operating systems, programs, applications, databases, or code), multimedia files (including music, movies, or audio), or text files is prohibited.
● Inappropriate or misuse of email is not allowed. This involves sending unsolicited email (including junk mail, jokes, or chain letters) to users of the College’s email system that is of a non-business nature.
● Sharing of assigned logins with anyone else for any reason. Unauthorized use of another person’s login or attempting to do so. Unauthorized use of a generic login outside of the context for which that login was created. Each student/employee will be responsible for all activities under his/her assigned login.
● On-line games are not allowed to be played on the computers

AUTHORITY

The Information Technology Department may access other's files for the maintenance of networks, computers and storage systems. Data, information, & files stored in electronic form on college owned equipment and/or transmitted across college owned networks is the property of Nebraska Indian Community College, and no right to privacy can be assumed. Information Technology staff may also routinely monitor and log usage data, such as network connection times, CPU and disk utilization for each user, security audit trails, and network loading. Data collected may be reviewed and further investigated should evidence of violation of policy or law occur. If necessary, staff may monitor the activities and files of specific users on the college computers and networks. Any staff member who believes such monitoring is necessary should discuss the problem and strategy for investigation with the Chief Information Officer.

Any student who violates the policies set forth in this document is subject to disciplinary action as defined in the College Handbook. Faculty and staff who violate these policies are subject to disciplinary action as defined in the Employee Handbook. All violators may be subject to arrest according to local, state and federal law.

SUMMARY OF CIVIL AND CRIMINAL PENALITIES FOR VIOLATION OF FEDERAL COPYRIGHT LAWS
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorney's' fees. For details, see Title 17, United States Code, Sections 504, 505.  Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

Plagiarism

Plagiarism is a special kind of cheating which often is poorly understood. It is defined as the conscious presentation of someone else’s ideas, words, or material as one’s own, without properly indicating by footnote or some other appropriate form of citation the source or origin of the material. Other author’s ideas, interpretations, and words are their personal and legal property. In the event that one wishes to use such material, one is required to give full credit to the original source. This also includes material that is paraphrased from another source or person. Plagiarism may be avoided by acknowledging, through some standard procedure, the sources for the ideas and interpretations as well as quoted phrases, sentences, or paragraphs. No matter the source of material used, whether quoted or paraphrased, acknowledgment of the source is required. Failure to give credit is plagiarism. The college reserves the right to place a student on academic probation and/or suspension if an instructor is able to sufficiently prove to the Academic Dean or the President that an incident has occurred. The instructor will submit a report to the students’ personal academic file. Appeals of such actions must be submitted following academic appeals process.

Student Records Management

One of the most valuable items that many people pursue in life is an education. A higher education can open doors to different aspects of the world. While the benefits are many, some responsibilities are also implied. Many items need to be filed in a secure location throughout your educational and professional life, such as course syllabi, financial aid papers, bills, registration materials, etc. A brief outline of some of the most important documents every learner should save follows.

Catalog – The catalog that you are admitted under is vitally important. You can find it at http://www.thenicc.edu/images/pdfs/2018-2019-NICC-CATALOG-FINAL.pdf. It contains the policies, procedures, and degree requirements that were in place when you registered. As long as you remain enrolled and you do not change your major, the catalog that you initially enrolled with is your contract with the institution.
Registration materials – Registration materials, such as copies of your registration form and declaration of major, should be saved for your personal records. These records may be valuable to find your correct rooms and classes, information on what courses you should take, and information to formulate your correct billing statement.
Financial Aid materials – All of your financial aid materials should be retained, including copies of your Free Application for Student Aid, Student Aid Reports, Award letters, your official PIN, loan documents from other institutions, and other documents. These documents are important because you can use them to determine how much financial aid you will be able to receive, the amount of your scholarships, and possible complications that can be foreseen and corrected.
Course information – Copies of all course information should be kept such as the course syllabi, handouts and research papers/final projects. This information should be kept because things like your papers and handouts may be utilized at a later date for information. The course syllabi are especially important if you plan on transferring your credits to a different institution. The institution you are transferring to may require you to present the syllabi for specific courses to determine what knowledge was gained.

Incident Reports

Students who are observed violating college policies and regulations by a college employee will receive an incident report. The student will be told verbally at the time of the observed violation that an Incident Report will be issued. The report will be signed by the witnessing college employee. The signed Incident Report will be turned in to the Academic Dean within one business day of the alleged violation for review. The Academic Dean will take actions deemed appropriate to the incident, which may include academic probation or suspension. These incident reports will be kept in the student’s permanent file.

Grievances

Nebraska Indian Community College students, staff, faculty, and administration have certain rights that must be respected. If any party feels that their rights have been violated, a process has been established by which the alleged wrongful act be addressed.

GRIEVANCE PROCEDURE 

Informal Resolution: Any dispute or disagreement not involving academic grades, rights or decisions is eligible for the grievance procedure. Often these disputes are simple misunderstandings that can be cleared up with an informal meeting. If any party involved is not satisfied with the resolution reached at this meeting or feels too uncomfortable to meet with the other party, a grievance form should be filed.

  1. Grievance Action: Every feasible informal means of resolution should be attempted prior to the filing of a grievance form. The grievance form can be acquired from the Advisor or Academic Dean and should be submitted to the Academic Dean.
  2. Academic Dean Review: The completed grievance form should be filed with the Academic Dean within ten (10) calendar days after meeting with the instructor or Academic Dean in the informal resolution step. The appeal must include the following items: 
    • Name, address, email, and phone number of the person filing the grievance.
    • Explanation of the efforts the student has made to resolve the appeal informally. 
    • Nature of the grievance in full detail. 
    • Place, date, and time of alleged incident. 
    • Name of the person(s) accused of the violation.
    • Requested remedy. 
    • Any background information or documentation the student filing the grievances believes to be relevant. 
      • The Academic Dean will provide written response to the applicant within ten (10) working days of the date of submission. If the Academic Dean is unable to obtain a resolution of the grievance, it proceeds to step 3.
  3. Grievance Committee Review: Within ten (10) working days of the Academic Dean’s response, a grievance committee meeting will be called. The grievance committee will include minimally, an administrator, a faculty member, and a Student Senate representative, all of whom are not reflected as a party of the grievance. The Academic Dean will attend to present the findings. The Committee will meet and review the appeal and all documentation at this meeting with both parties of the grievance and their advocates. The committee may also meet privately to discuss information presented. Written finding will be issued within three (3) working days of the Committee meeting. If any party remains dissatisfied with the resolution obtained by the committee they may proceed to the next step.
  4. President Review: Within three (3) working days of receipt of the grievance committee’s findings, any party may request a review by the President. After reviewing the request and all documentation, the President will issue a decision within ten (10) working days of receipt of the request for appeal. If any party remains dissatisfied with the resolution obtained by the President, they may proceed to the final step.

 

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I have seen that in any great undertaking it is not enough for a man to depend simply upon himself. – Lone Man