Expressive Activity Policy
- POLICY STATEMENT
Cape Fear Community College (CFCC) upholds the freedoms of speech and expression guaranteed by the First Amendment of the U.S. Constitution for all members of the College community. The College is a place where all ideas and opinions may be expressed freely. The right to free speech and expression does not include unlawful activity that endangers the safety or well-being of any member of the College community. Further, it does not include any activity that interferes with the education of other students or the mission of the institution.
The College has the right, under appropriate circumstances, to regulate the time, place, and manner of exercising these and other constitutionally protected rights.
Providing forums for expressive activity is important because members of the College community have a right to hear, see, and experience diverse intellectual and creative inquiry. Defending that right is a fundamental obligation of the College. Controversy cannot be permitted to abridge the freedoms of speech, thought, expression or assembly.
- NO ENDORSEMENT
Although expressive activity is allowed, it is not endorsed by the Board of Trustees or the College unless specifically approved as a College-sanctioned activity. No individual or group may claim approval or endorsement by the College except with prior written approval by the President or designee.
- FORUMS FOR EXPRESSIVE ACTIVITY
To facilitate the free exchange of ideas, the College has established space on the College’s premises that may be used by any person, including external groups and other campus guests, for expressive activities. Such activities are inclusive of literature distribution. This use may be without permission or approval from the College so long as the area has not been previously reserved or scheduled for a particular function; no sound amplification is used; and the participants do not violate other College policies. Although it is not necessary for a person using one of the designated outdoor spaces to obtain prior permission from the College, CFCC encourages such persons to contact the Office of Community Relations for scheduling purposes to minimize possible conflicts.
3.1 OUTDOOR LOCATIONS
The College has set aside outdoor areas for forums, rallies, demonstrations, and other similar activities. These areas may also be reserved through the College’s space reservation system (Community Relations Office). Organizations or individuals who reserve these areas have priority. The outdoor areas currently designated for expressive activity are:
3.1.1. Downtown Campus: The grassy area in front of the Burnett (W) Building on Water Street.
3.1.2. North Campus: The covered brick patio between the Eric B. McKeithan Center and the soccer field.
3.2 ADDITIONAL SPACES FOR EXPRESSIVE ACTIVITY
Members of the College community and external guests may also utilize other spaces on College premises for expressive activities on a first-come-first-serve basis such as: courtyards, walkways, grassy areas, and all other areas of the College’s premises (including without limitation hallways, lobbies, offices, classrooms, libraries, cafeterias, and auditoriums). Participants must not violate College policies or use sound amplification for expressive activities. Similar to the guidelines outlined in Section 3.1, CFCC encourages the College community and external guests to contact the Office of Community Relations for scheduling purposes to minimize opportunities for disruption to the College’s educational and administrative functions.
3.3 External groups and individuals also have access to those public forums that may exist on the city sidewalks, city parks, and other public non-College properties that are near or adjacent to the College campuses.
- POLICY EXPECTATIONS
At CFCC, anyone may distribute printed material, offer petitions for signature, make speeches, and hold protests or demonstrations on college premises. To ensure the safety of all members of the College community, and the functional integrity of the institution’s educational mission, the following points are emphasized as policy expectations:
4.1. All such activities must be peaceful, avoiding acts or credible threats of violence and preserving the normal operation of the College.
4.2. No event shall infringe upon the rights or privileges of anyone who disagrees with the content of expression conveyed.
4.3. No one will be permitted to harm others, damage or deface property, block access to College buildings, or disrupt classes.
4.4. The enforcement of these conditions will not depend in any way on the message or sponsorship of the act or event.
4.5. Members of the College community who engage in expressive activity shall continue to be fully responsible for their educational or occupational obligations.
If an expressive activity does not satisfy these policy expectations, disrupts College operations or creates a safety hazard, College officials will require the activity to be relocated or rescheduled. Students, employees, and or community visitors who do not abide by the established policy expectations may be subject to discipline by the College and/or law enforcement.
- SPACE RESERVATION PROCEDURES
The President or designee shall implement space reservation procedures that comply with this Policy.
5.1 CONSIDERATIONS FOR EVALUATING SPACE REQUESTS
CFCC administration and the Office of Community Relations will consider the anticipated size, required accommodations, noise levels, traffic, time, relationship to nearby areas, security needs, and the evaluation of other relevant scenarios to determine (a) whether a suitable location exists and (b) whether health and safety concerns require special precautions or arrangements.
For the purposes of this Policy, (1) “expressive activity” means public speech protected by the First Amendment to the U.S. Constitution, which includes, by way of example and not limitation, attempts to address all or portions of the College community with the intention of expressing social, political, religious, artistic, or other views; to disseminate written materials; or to request, accept, collect donations or contributions for a non-profit purpose and (2) “College premises” means property owned, leased, managed, or otherwise controlled by the College including without limitation green space, courtyards, walkways, buildings, and vehicles.
*Last updated: Approved 1/11/17*
Cape Fear Community College does not maintain health facilities or medical services. The responsibility for medical services rests with the student. In the case of illness or injury on campus, Emergency Medical Services may be called to assist individuals.
First aid kits are available in labs and the Student Services and Enrollment Management office.
Learning Resource Centers (LRC)
The Learning Resource Centers include the libraries, TV studio, and Online Learning. The Wilmington Campus LRC is located on the second floor of the Health Sciences/LRC building. The North Campus LRC is located on the first floor of the McKeithan Center (NA-113).
Additional information about the LRC is available at our website: http://cfcc.edu/lrc/.
The Wilmington and North Campus libraries provide resources, services, and instruction that directly contribute to student success. The libraries have approximately 54,000 books, 500 current print periodical subscriptions, and over 16,000 audiovisual items. A wide range of more than 100+ electronic resources, including NC LIVE, is accessible online through the libraries. These e-resources contain thousands of full-text articles from more than 15,000 newspapers, journals, magazines, and encyclopedias and access to 189,000+ ebooks and 2,500 evideos. Students may use the libraries’ 60 computers or their own computers to access these resources via the Internet. Students can also access the Surf CFCC wireless network from the libraries. A current CFCC ID is required to check out library materials. For individual reference or research assistance or to schedule an instruction session or tour for a class, contact the Reference Desk at (910) 362-7034 or via email: firstname.lastname@example.org. Library staff and resources will assist you with reference questions, help you meet your course objectives, supplement classroom assignments, and enable you to pursue topics of interest.
The TV studio provides students with a laboratory setting for learning the tools and tasks needed to produce television content. The studio also produces programming for broadcast on The Learning Network and creates promotional videos highlighting CFCC students and programs and provides video services in support of the curriculum.
Right to Know Act
Anyone wishing to obtain information about first-time students’ rate of persistence and/or graduation rates should contact the Office of the Director of Institutional Effectiveness and Planning.
Cape Fear Community College measures and reports retention, graduation and transfer rates, along with seven other institutional performance standards, on an annual basis and in accordance with definitions and standards established by the North Carolina State Board of Community Colleges. Establishment of these common performance measures of institutional effectiveness, along with definitions and standards for each, are the result of a mandate by the N.C. General Assembly to review past performance and define standards of performance to ensure quality and effectiveness of programs and services in all of the 58 community colleges. Please refer to CFCC’s performance report on these measures. Historical data and additional details may be viewed at http://cfcc.edu/ie/.
Extra-curricular activities are an important part of the total educational program at Cape Fear Community College and fulfill the College’s mission by providing a variety of activities that enrich students’ lives. The goal of Student Activities is to accommodate student diversity in backgrounds, abilities, interest, and career objectives; enhance academic success; and promote diplomacy, unity, self-discipline, physical and emotional well-being, and leadership skills. The Student Activities Office is located in the Health Sciences Building (L112) and offers space for the many clubs at CFCC to hold their monthly meetings and is the home of CFCC Athletics. Student Activities also provides services, programs, and facilities for the students, faculty, and staff of the College.
Athletics and Intramural Activities
Cape Fear Community College is a member of the National Junior College Athletic Association (NJCAA), competing in Region 10. College athletics include men’s and women’s basketball, women’s volleyball, men’s and women’s soccer, and cheerleading. Individuals participating in college athletics must be a high school graduate, or obtained a GED. The student athlete must be currently enrolled at CFCC and be in good academic standing. In addition, students participating in intercollegiate athletics must meet NJCAA eligibility requirements and standards. The goals and objectives of intercollegiate athletics are listed below:
- To enhance academic success of student athletes
- To provide opportunities for participation in competitive collegiate sports
- To promote the development of self-discipline and leadership skills
- Monitor the academic grade point average of collegiate student athletes
- Monitor the retention and graduation/transfer rates of student athletes
The CFCC Intramural Program is specifically designed to provide opportunities for students, faculty and staff to have fun, socialize, manage stress and improve personal health and wellness by participating in organized competitive sports and recreational activities.
The intramural program includes a wide variety of events. Past activities have included a table tennis tournament, 3 on 3 basketball tournaments, kick ball games, flag football leagues, volleyball games, and other competitive activities based upon the overall interest of the CFCC students, faculty, and staff. General information and registration materials for intramural sports may be obtained through the Student Activities Office (L-112).
Student Government Association
The Student Government Association (SGA) is the official organization authorized by the administration to represent all students at Cape Fear Community College. The SGA is a democratic organization and as such elects officers each year. The State Board of Community Colleges, the CFCC Board of Trustees, and the administration, faculty, and staff fully support the SGA. This support is most visible in the office of the SGA President who, upon election to that office, automatically becomes a member of the Board of Trustees and the College Council. Additionally, students have SGA representatives on standing college committees. These committees are charged with annually reviewing and recommending changes to the College.
The Student Government Association is an active organization; it is the voice of the student body and has paved the way for good lines of communication between students and administration. Students receive practical experience in responsible citizenship through participation in a program of self-government.
The SGA is governed by its Constitution and By-Laws. Copies of these documents are available online at http://cfcc.edu/sga/.
The social development of the student is an important phase of the total educational program at Cape Fear Community College. Under the sponsorship of the SGA, social events include concerts, cookouts, holiday celebrations, charity events, tournaments, athletic events and various other student body activities.
Student Ambassadors Program
Each year, CFCC conducts interviews and selects Student Ambassadors to represent the school in various ways including but not limited to individual and group tours. Student Ambassadors also support Community Relations and CFCC Foundation events. These students are selected based on academics, leadership qualities, and their ability to represent the positive environment portrayed at CFCC. The program also provides the opportunity for Student Ambassadors to develop strong communication skills in both small and large group settings, and creates a positive, student friendly environment guided by the Director of Student Recruitment.
Student Ambassadors learn to be leaders and well-rounded representatives of CFCC by providing a firsthand experience of CFCC to both current and potential students and their families. They also develop skills to help them become successful in both their educational and future careers with emphasis on teamwork and responsibility.
Phi Theta Kappa
The Phi Theta Kappa International Honor Society encompasses the upper ten percent of all students enrolled in the two-year college system. Alpha Chi Sigma is the CFCC Chapter of Phi Theta Kappa. Membership in Phi Theta Kappa is extended by invitation only. Today Phi Theta Kappa is the largest honor society in American higher education with more than 2 million members and 1,200 chapters located in all 50 of the United States, U.S. territories, British Virgin Islands, Canada, Germany, Marshall Islands, Micronesia, and Palau. The innovative programs and services and array of membership benefits offered by Phi Theta Kappa are unequaled among honor societies. Programs and projects focus upon the Society’s Hallmark of Scholarship, Leadership, Service and Fellowship. To be eligible for membership a student must complete a minimum of twelve hours of associate degree course work and generally earn a grade point average of 3.5 or higher.
CFCC Honors Program
Mission Statement: The Honors Program at Cape Fear Community College is an academic enrichment program designed to increase the educational experience of students who demonstrate academic excellence. The program offers students distinctive coursework that provides an opportunity to engage in an academically rigorous experience with other outstanding students; and the program allows students to develop skills in effective communication, critical thinking, independent learning, and scholarly exploration. The Honors Program will assist the growth of students both academically and personally and help ensure their continued academic success at Cape Fear Community College and beyond.
Honors Program Eligibility
Students must be enrolled in an Associate in Arts, Associate in Science, or Associate in Fine Arts program and meet one of the following criteria:
- Current CFCC Student: If you are a current CFCC student with a 3.5 GPA in at least 12 Credit Hours completed at college level, then you are eligible for the Honors Program.
- Recent High School Graduate: If you are a recent high school graduate with a 3.5 GPA (unweighted) or a 3.75 GPA (weighted) in high school, then you are eligible for the Honors Program.
- Early College High School: If you are currently enrolled in an early college high school with a 3.5 GPA (unweighted) or a 3.75 GPA (weighted) in high school or a 3.5 GPA in at least 12 Credit Hours completed at college level, then you are eligible for the Honors Program.
- Career and College Promise (Dual Enrollment): If you are currently in high school and taking college courses through a Career and College Promise program with a 3.5 GPA (unweighted) or a 3.75 GPA (weighted) in high school or a 3.5 GPA in at least 12 Credit Hours completed at college level, then you are eligible for the Honors Program.
Benefits to Honors Students
- Honors designation on the degree/diploma
- Recognition at graduation as an “Honors Program” graduate after the successful completion of at least 12 SHC of honors work (4 honors designated academic courses)
- Transferability of CFCC honors credit to several honors programs at North Carolina four-year institutions
- Increased competitiveness and preparation for leadership roles
- Smaller class sizes
- Increased academic rigor
- Honors advising and mentoring
- Priority registration
To apply to the CFCC Honors Program or for additional information go to www.cfcc.edu/honors.
Clubs and Organizations (active)
Former Clubs and Organizations – (inactive)
- Align Your Sails
- Architectural Technology
- Boat Building
- Cardiovascular Sonography
- Christian Inquiry
- Collegiate Secretarial
- Creative Minds (Creative Writing)
- Criminal Justice
- Deaf and Hearing Impaired
- Dental Assisting
- Engineering Technology Club (ETC)
- Fellowship of Christian Athletes (FCA)
- F.O.C.U.S. (Film)
- Gender Studies
- French Club
- Global Diversity
- Green Building
- Industrial Electricity
- Interior Design
- Machining Technology
- Mechanical Engineering/Drafting and Design
- Metals Guild
- Nuclear Technology
- Nursing ADN and LPN
- Paralegal Technology
- Practical Nursing
- Sociological Society (CFSSS)
- SOAR (Success through Outreach, Access and Building Relationships)
- Spanish Community Interpreter
- Students for a Free Tibet
Student organizations and clubs that help fulfill the mission of CFCC, accommodate student diversity, enhance academic success, promote diplomacy, unity, discipline, physical/emotional well-being, and develop leadership skills are an important part of Cape Fear Community College.
New student organizations and clubs must be approved by the Vice President for Student Services and Enrollment Management, in consultation with the Director of Athletics & Student Activities, after written application is submitted to the Director of Athletics & Student Activities. The written application must state the proposed name of the organization, the names of all students proposing the organization, the name of at least one faculty/staff member (full-time CFCC employee) who has agreed to serve as a sponsor to the group, and a complete description of the proposed activities of the group including, but not limited to, (1) purpose statement, (2) goals, (3) complete description of the organization’s proposed activities, and (4) club constitution.
Once a student organization and/or club is approved, each activity must be individually approved by the Director of Athletics & Student Activities before it is undertaken. Student Activity Forms are available from http://cfcc.edu/sga/forms/. It is the primary responsibility of the proposing organization to provide accurate and complete descriptions of individual activities of the organization. Inactive student organizations and/or clubs may be disbanded at the College’s discretion.
Guidelines for Display or Distribution of Handbills, Posters, or Other Materials by Student Clubs, Community and Non-Profit Organizations, and Individuals
The College would like to provide educational opportunities to its students and others in the college community and believes that public expression through displays or distribution of handbills, posters, or other materials can play an important role in accomplishing this goal. The College also believes firmly in its obligation to college employees and its students to provide an environment that is conducive to learning. Public expression that enhances this environment by affording students and others in the college community exposure to a variety of ideas is encouraged. Subject to the terms and conditions set forth in these procedures, to any rules or regulations established by the College pertaining to display or distribution, and to other applicable laws, rules, and regulations, an organization or individual may display or distribute handbills, posters, or other materials that are aimed at providing information to students.
The following guidelines apply to materials posted on the campus of Cape Fear Community College, regardless of the source of those materials. They include:
- Posted information shall not contain obscene or libelous information or other information that is not protected by law.
- Information will not be placed over existing notices.Outdated material will be removed to make room for timely information.
- All event items must be removed by the sponsoring organization immediately following the event.
- All notes to be posted in stairwells, at doorways, or in other college locations not otherwise permitted in these guidelines, require approval by the Vice President for Student Services and Enrollment Management five work days (Monday through Friday) in advance of the proposed posting.
Due to extreme space limitations, information to be posted by student groups, community groups, or individuals in areas other than those reserved for Phi Theta Kappa and academically-oriented student clubs will be posted for a maximum of two weeks and must be no larger than 8.5” x 11”.
Items not approved in the prescribed manner will be removed and discarded.
Placement of information on vehicles of others on campus is prohibited.
The College reserves exclusive rights to re-arrange materials to accommodate the display of additional materials, to establish limits on the amount of information organizations may display, and to deny additional requests when all designated space is being used.
Failure by any organization or individual to abide by CFCC guidelines will be grounds for denying additional requests from the same organization or individual.
The College will grant access by an eligible organization or individual to areas of College premises, designated for public expression on a neutral basis, in accordance with these procedures. A grant of access to any particular organization or individual does not mean that the College endorses the beliefs, practices, or views expressed by that organization or individual, and outside organizations and individuals are expressly prohibited from stating, implying, or suggesting in any manner that they are endorsed by or associated with the College or that any publication, announcement, or other form of expression provided by the organization or individual has been approved by or is associated with the College. Areas of college premises designated for public expression will not be denied to any organization or individual on the basis of the content of information sought to be provided by or the convictions or affiliations of that organization or individual. Any organization or individual who believes that the opportunity to display or distribute handbills, posters, or other materials has been denied improperly may appeal the denial by providing written notice of the appeal to the Vice President for Student Services and Enrollment Management within three business days of the date on which the organization or group has been advised of the denial. Information supporting the appeal (which may include a written statement or, at the election of the individual or group, a conference with the College’s Judicial Board) also should be provided. As a general rule, the Judicial Board will make a final decision within five business days of receiving the appeal and any written information or, if a conference with the organization or individual has been scheduled, after conducting the conference.
Given the varying nature of different organizations and the wide-range of notices that individual students and/or college personnel may wish to post on occasion, additional guidelines apply to certain types of organizations and individuals, as noted in the following information:
Academically-Oriented Student Clubs
Academically-oriented student clubs that are directly linked in name, purpose, and practice to specific instructional disciplines or programs offered at CFCC may post discipline-related displays and materials, including announcements of upcoming club meetings, on College bulletin boards in their respective academic departments, subject to advance approval of faculty sponsors, department heads, and the appropriate division deans.
Other student clubs and community and non-profit organizations may distribute or display information relating to the approved purpose including announcements of upcoming meetings, in accordance with the following guidelines:
All items displayed by other student clubs in the category must be approved by the faculty/staff sponsor and the Vice President for Student Services and Enrollment Management. Items submitted by community and non-profit organizations must be approved for display by the Vice President for Student Services and Enrollment Management. The Vice President for Student Services and Enrollment Management will consider all requests for display and distribution in light of the availability of areas that are designated for such purposes and the availability of space for the proposed display or distribution within any designated area(s). Requests for access to distribute or display publications will be reviewed and granted on a first-come, first-serve basis. The College will communicate its approval or disapproval of access for distribution or display and any conditions of access to the requesting organization or group, generally within three business days after the request is submitted. Access for display or distribution of materials will not be provided if previously approved requests for access to display or distribute materials have resulted in space being unavailable for additional displays or distributions within any designated area(s). Approved materials may be displayed on the designated bulletin board(s). No one club may use a disproportionate amount of the allotted space unless other clubs do not elect to display information.
Committee organizations and individuals may display approved notices on designated bulletin board(s).
All student publications, printed and electronic, are supervised by the Director of Athletics & Student Activities, and the Vice President for Student Services and Enrollment Management. Students are invited to submit information to the Director for possible inclusion in printed material. All material must adhere to the canons of responsible journalism, including the avoidance of libel, indecency, vulgarity, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
The Vice President for Student Services and Enrollment Management has the authority to determine responsible journalism and to prohibit the publication of any material in violation of the canons of responsible journalism.
Student Participation in CFCC Activities
Student success at Cape Fear Community College is based upon academic excellence. Accordingly, students should attempt to attend all scheduled class and laboratory sessions. Participation in extra-curricular activities is also important to the total education and personal development of CFCC students. Occasionally, a student may be required to miss a class session in order to participate in college-sponsored activities such as athletics, Phi Theta Kappa Honor Society, CFCC Ambassadors, Student Government Association, program conferences and competitions, and other activities approved by the Director of Athletics/Student Activities.
College officials sponsoring such approved student activities are expected to provide advance notice to faculty of anticipated absences and the list of students who will be participating. In addition, participating students must also inform their instructors in advance of such anticipated absences and are expected to make advance arrangements for making up all missed assignments. In such cases, class time missed will not usually be counted as absences provided participating students are otherwise in good academic standing.
If a faculty member believes that missing class due to a student activity is detrimental to the academic success of a specific student, the faculty member may request that the Vice President for Student Services and Enrollment Management (or his/her designee) review that student’s overall academic and attendance records to determine if the student’s absence warrants exemption from the College’s regular attendance policy.
Students who disagree with the Vice President’s decision may appeal to CFCC’s Judicial Board according to the College’s Grievance Procedure.
Student Expectations, Rights, & Responsibilities
CAPE FEAR COMMUNITY COLLEGE RESPONSIBILITIES UNDER THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (THE BUCKLEY AMENDMENT)
Under the Family Educational Rights and Privacy Act of 1974, the rights of the student and the responsibilities of the institution concerning the various types of student records maintained by the institution are established. Consistent with this legislation, Cape Fear Community College establishes the following policy to ensure compliance. Failure to comply with standards prescribed in the Act could jeopardize federal funding received by the institution and its students.
Rights of Students
In compliance with the law, an individual becomes a student when he/she registers at the College. Upon reaching age 18 or attending an institution beyond the high school level, the student has the right to view his/her own school or college records. These records include the academic transcript of the College, post-secondary transcripts, high school transcripts, and other documents maintained as part of the students permanent file with the exception of confidential letters of recommendation. All permanent academic records are housed and maintained by the Registrar.
CFCC requires written authorization from the student prior to release of academic records. A minimum of 48 working hours will be required by the College to access the requested academic information. The student may inspect, copy, and review his/her records in the Registrar’s Office. There may be a charge for copies.
Rights of Parents
Parents of a child who is under the age of 18 and has never attended an educational institution beyond high school level have the right to inspect and review that child’s academic records. After a student reaches the age of 18 or enters a post-secondary institution, the parent will be denied access to the student’s academic record unless the student gives written consent to the Registrar’s Office. The College assumes that all students are independent adults attending an institution designed for adult education. Parents do have the right to review the academic records of their child if they are claiming the child as an income tax deduction; however, they must show proof of the claim.
Rights of Faculty
The faculty of the College has a legitimate educational interest in a student’s academic records. Therefore, access to those records is authorized by the institution. Along with this access comes certain obligations and responsibilities.
A faculty member shall not access educational records of any student for which he/she does not have a direct advisory responsibility. Those with direct advisory responsibility include the current instructors of the student, the student’s faculty advisor, and the appropriate department head and division chair. A faculty member not professionally associated with a student shall not access educational records of the student without the written consent of the student.
A faculty member shall not disclose any information from a student’s record to a third party (i.e., other students, other faculty members, employers, etc.) without the written consent of the student. Parents of the student do not have special access rights and should not be given information without the student’s written consent.
A faculty member shall be responsible for the security of all academic information in his/her possession. These records must not be accessible to students and unauthorized personnel.
A faculty member shall refrain from disclosing academic information by phone without the expressed written consent of the student.
Rights of Administration
Student Services and Enrollment Management and specifically the Registrar’s Office, has the responsibility of maintaining and safeguarding the academic records of all students of the College. Consistent with this responsibility, the personnel of Student Services and Enrollment Management will access student records as needed. However, these individuals bear the responsibility for ensuring that no unauthorized disclosure of student academic information occurs without the expressed written consent of that student.
The president, vice presidents and deans of the College may access student records when needed to facilitate the student’s educational pursuit. College administrators may disclose a student’s educational records to appropriate parties in connection with a health or safety emergency. Furthermore, College administrators have the right to contact parents of any student under the age of 21 that has violated a federal, state, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance.
Educational records of a student will not be accessed for employment decisions without the expressed written consent of the student. Information from student academic records may be shared in aggregate for educational research purposes.
Directory information includes name, major field of study, full time/part time enrollment, the most recent college attended, dates of enrollment, degrees and awards received, and the College assigned email address.
Students have the right to withhold disclosure of any directory information by completing a request for non-disclosure in the Registrar’s Office. Requests for non-disclosure must be filed annually. The College assumes that a student’s failure to file a request for non-disclosure indicates approval for disclosure.
Under the Family Education Rights and Privacy Act of 1974, commonly referred to as the Buckley Amendment, students are granted a certain level of privacy with respect to their educational records. The complete text of The Buckley Amendment is available for review in the Registrar’s Office.
Patent and Copyright Policy
Every invention, discovery, material, work, product, or any part thereof, that results from the efforts of a full or part-time employee, student, or outside consultant carried out while in the employment of, or under contract or agreement of any kind with, the College and that is produced or brought about in any fashion with the aid of the College’s facilities, staff, or through funds administered by the College shall, as between the College and the full or part-time employee, student, or outside consultant, be the property of the College. Any patents, trademarks, trade names, and/or trade secrets shall belong to the College and any legal protection applied for shall be applied for by the College or through an authorized agent, assignee, or licensee in the name of the College.
As a general rule, all rights to copyrightable material are the property of the creator. The creator shall be deemed to be the College where a specific contract so provides, where a full or part-time employee, student, or outside consultant is employed for the purpose of producing a specific copyrightable work, or where necessary to reflect the contribution of the College to the work, as in the case of software or audiovisual material of any kind.
As between the College and The State Board of Community Colleges, ownership of any of the above-described items shall be determined in accordance with applicable regulations of the State Board of Community Colleges.
The College may charge a reasonable rental fee for use of any of the above-described items and, further, if such item is a learned journal, work of art, book, publication, textbook, library book, form bulletin, or instructional supply, then it may, as allowed by the Umstead Act, be offered for sale by the College.
This policy shall be deemed to be a part of any existing and/or future employment or consulting agreements of the College. (approved by the CFCC Board of Trustees, March 17, 1994)
Computer Acceptable Use Policy
College owned or operated computing resources are reserved for the educational, instructional, research, and administrative computing needs of the faculty, students, staff, and other individuals authorized by the College. The College’s computing resources include but are not limited to all College computers and hardware, access to the Internet or access to any College intranet provided through College owned or operated computers, online and offline storage, and network and communications facilities. Access to these computing resources is a privilege and, therefore, it is essential that all users exercise responsible ethical behavior when using these resources. Users are expected to read, understand, and comply with the College’s Acceptable Use Policy.
The College monitors access to the computing resources and reserves the right, without prior notice to users, to access the College’s computing resources and to use any and all information retrieved from the computing resources. Users do not have an expectation of privacy regarding their use of the computing resources, and by accessing and using the College’s computing resources, users expressly consent to such monitoring, access, and use by the College. Further, information contained on the College’s computing resources and in College accounts, including but not limited to e-mail, may be subject to inspection under the Public Records Law of the State of North Carolina.
The College does not attempt to articulate all required or unacceptable behavior by its users. Therefore, each user’s judgment on appropriate conduct must be relied upon. To assist in such judgment, users will follow this policy:
- College computing resources are to be used only for educational, research, or instructional purposes for which access is provided, and are not to be used for any unauthorized purpose, including but not limited to commercial purposes, unauthorized access to remote computers or non-College related activities.
- An access account assigned to a user must not be used by any other individual. Users are responsible for the proper use of their accounts, including proper password protection and appropriate use of the College’s computing resources. Obtaining another user’s password, allowing friends, family, co-workers, or any other individual use of your or another user’s account, or other unauthorized use of an access account is a serious violation of this policy.
- Users may not attempt to impersonate another person or organization. Users may likewise not misuse or appropriate the College’s name, network names, or network address spaces.
- All computer software is protected by federal copyright law. In addition, most software is proprietary and protected by legal licensing agreements. Users are responsible for being aware of the licensing restrictions for any software used on the College’s computing resources.
- Users shall not download, reproduce and/or distribute copyrighted or licensed materials without proper authorization from the author or creator. Additionally, users shall not publish information, messages, graphics, or photographs on any web page, without the expressed permission of the author or creator.
- Users shall not engage in activities to damage or disrupt the hardware, software, or any communication associated with the College’s computing resources, such as virus creation and propagation, wasting system resources, overloading networks with excessive data, or any attempt to circumvent data protection schemes or uncover security loopholes.
- Users shall not waste, monopolize, interfere or misuse the College’s computing resources by, for example, requesting an excessive number of copies from a printer, playing games or participating in chain letters or Ponzi schemes.
- Users shall not access or damage any portion of the College’s computing resources or other College property, such as College records, applications or data. The College’s computing resources shall not be used for illegal activities.
- Users learning of the misuse of the College’s computing resources or violations of the Acceptable Use Policy must notify a faculty member of the College or other College official immediately.
- Any student identified as initiating or participating in the verbal, social, or physical bullying; whether in person, through social media or through electronic devices will be subject to disciplinary action as determined by the Office of the Vice President of Student Services and Enrollment Management.
Failure to follow the Acceptable Use policy and/or any misuse of the College’s computing resources may result in the suspension or revoking of access accounts, removal from the class with a grade of “F”, as well as other College disciplinary sanctions including but not limited to conduct warning, probation, suspension, or dismissal from the College. All College policies and procedures are applicable to users of the College’s computing resources. A violation of the Acceptable Use Policy is considered participation in an activity which disrupts the educational process of the College and is a violation of the Code of Conduct, as well as other applicable policies and procedures of the College. Any conduct, which violates local, state, or federal laws, will result in the immediate loss of all access to the College computing resources and will be referred to appropriate College offices and/or law enforcement authorities.
*Last updated: Approved 1/19/17*
Drug and Alcohol Policy
- Cape Fear Community College does not differentiate among unlawful users, sellers, or pushers of drugs or alcohol. Any employee or student who unlawfully uses, possesses, sells, gives, or in any way transfers alcoholic beverages or a controlled substance is subject to disciplinary proceedings by the College, and referred for prosecution.
- The term controlled substance means any drug listed in CFR part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of North Carolina General Statutes. Generally, these are drugs which have a high potential for abuse such as: Marijuana, Cocaine, PCP, Heroin, and Crack among others. They also include legal drugs that are not prescribed by a licensed physician. The term alcoholic beverage includes beer, wine, whiskey and any other beverage listed in Chapter 188 of the General Statutes of North Carolina. Persons within the College community are responsible for knowing about and complying with the Cape Fear Community College Drug/Alcohol Policy.
- Any employee or student who is convicted of violating any criminal drug or alcoholic beverage statute while in the workplace, on College premises, or as part of any College sponsored activity will be subject to disciplinary action by the College up to and including termination or expulsion and referred for prosecution. Specifically, any such person convicted of a felony, or a misdemeanor which results in an active prison sentence will, if a student, be expelled, or if an employee, be terminated from employment (subject to existing disciplinary policies applicable to state or federal law which may apply to employees). Other misdemeanors or convictions will be evaluated on a case-by-case basis and the specific penalties may range from written warnings with probationary status to enrollment expulsions and employment discharges. The College may also require the employee or student to successfully complete a drug abuse treatment program as a precondition for continued employment or enrollment. Persons charged with illegal drug/alcohol involvement may be suspended pending any legal proceedings, if it is determined by the president or designee that the persons continued presence within the College would pose a serious and immediate danger to the health or welfare of other persons within the College.
- Each employee or student is required to inform the Executive Director of Human Resources or the Vice President for Student Services and Enrollment Management, respectively, in writing within five (5) days after a conviction of any criminal drug or alcoholic beverage control statute where such violations occurred in the College workplace, on College premises, or as part of any College sponsored activity. A conviction means a plea or a finding of guilt (including a plea of nolo contendere) and the imposition of a sentence by a judge or jury in any federal or state court.
- College Administrators have the right to contact parents of any student under the age of 21 who has violated a federal, state, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance.
For those students or employees receiving or working under a federal grant, the College must notify the United States governmental agency from which a grant was made within ten (10) days of receipt of such notice from the grant employee, or otherwise after receiving actual notice of a criminal drug conviction. Appropriate disciplinary action will be taken by the College within 30 calendar days from the receipt of such notice. The law requires that all employees abide by this policy as a condition for continued employment on any federal grant.
The illegal use of drugs and alcohol constitutes a serious crime under federal, state and local laws. Convictions may result in imprisonment, fines and/or mandatory community service. A drug conviction can disqualify a student for federal student aid. A record of a felony conviction may prevent a person from entering a chosen career. North Carolina law makes it illegal to manufacture, to sell or deliver, to possess with intent to sell or deliver, or to traffic controlled substances.
Under North Carolina law, the minimum age to purchase, possess, or consume any alcoholic beverage is 21 years old. Consumption of liquor or fortified wine by anyone 18 years old and younger is a Class 1 misdemeanor. Those 19- and 20-year-olds who drink beer or wine will be charged with a Class 3 misdemeanor. A person convicted for the first time of selling or providing alcohol to someone under 21 will receive a minimum sentence of a $250 fine and 25 hours of community service. For a second or subsequent offense within four years, the penalty is no less than a $500 fine and 150 hours of community service. A person convicted of aiding and abetting the sale or provision of alcohol to someone under 21 for a second or subsequent offense within four years, the sentence is no less than a $1000 fine and 150 hours of community service. A driver may not consume any alcoholic beverages while driving. Driving after drinking with an alcohol concentration of .08 means a person is driving while impaired. No person may transport in the passenger area spirituous liquors in any container other than the manufacturer’s unopened original container. Violations may result in imprisonment, fine, mandatory community service and/or loss of driving privileges. Therefore, 19- or 20-year-olds who are convicted of an alcohol violation may have a criminal history that would affect professional organizations, and employers could use such a record to reject an applicant.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
21 U.S.C. 844(a) – 1st conviction: Up to 1 year imprisonment and fined at least $1000 but not more than $100,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
- 1st conviction and the amount of crack possessed exceeds 5 grams.
- 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
- 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
- 21 U.S.C. 853 (a)(2) and 881 (a)(7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack)
- 21 U.S.C. 881(a)(4) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
- 21 U.S.C. 844a Civil fine of up to $10,000.
- 21 U.S.C. 853a Denial of Federal benefits may apply, such as student loans, grants, contracts, and professional and commercial licenses.
- 18 U.S.C. 922(g) Ineligible to receive or purchase a firearm.
Miscellaneous: Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies. Note: These are only federal penalties and sanctions. Additional state penalties and sanctions may apply.
No illicit drug is free of health risks. Most carry the danger of psychological or physical addiction. All cause distortion of brain functioning and can alter thinking, perception, and memory, as well as, affect behavior. The use of intravenous drugs also presents the risk of infection with potentially deadly diseases (e.g. AIDS develop as result of damage to the respiratory, circulatory, and other body systems). Every illicit drug has the potential to result in death-whether from the body’s own reaction to the abuse of drugs or from accidents caused by persons who are impaired. Although alcohol is not an illegal substance when consumed by adults over the age of 21, it presents many of the same health risks as illicit drugs. Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increases the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions; severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
Many public and private resources are available for those needing assistance with drug or alcohol issues. In New Hanover County, call (910) 251-6530. In Brunswick County, call (910) 253-4485. In Pender County, call (910) 259-5476.
Another resource is the Alcohol/Drug Council of NC Information and Referral Service: (800) 688-4232. This is a drug abuse information and treatment referral line where individuals can get information and referrals to appropriate treatment facilities.
Counseling and Rehabilitation Services to Prevent Substance Abuse
Students, faculty, and staff may seek assistance with an alcohol or drug-related problem through Cape Fear Community College. A listing of available services and referrals will be provided in the Counseling Office of Student Services and Enrollment Management.
A copy of this policy is distributed annually to students and employees.
Zero Tolerance Statement
The College reserves the exclusive right to immediately suspend any activity that is not being conducted in exact accord with the college-approved description of the activity or any activity that substantially disrupts or materially interferes with the work, discipline, and/or educational activities of the College (e.g., by violating reasonable college rules and regulations, interrupting classes or other college programs or activities, or inciting or producing imminent violence or other lawless action on college premises) as adjudged by designated college officials. The College reserves the exclusive right to disband any student organization and/or club that; (1) conducts such inappropriate and/or unapproved activities; and (2) fails to follow the College guidelines.
Moreover, Cape Fear Community College has “zero tolerance” when it comes to drugs and alcohol consumption while representing the College during college events. Any violation will result in immediate suspension from the College for one academic year and complete withdrawal from all current classes; no exceptions. In addition, the suspended individual will have a notation placed on their permanent CFCC record.
Cape Fear Community College does not differentiate among unlawful users, sellers or pushers of drugs or alcohol. Any student who uses, possesses, sells, gives or in any way transfers alcoholic beverages or a controlled substance is subject to disciplinary proceedings by the College and referred for prosecution. For more information refer to the Cape Fear Community College’s Drug and Alcohol Policy.
Tobacco Free Campus Policy
Cape Fear Community College:
- is committed to providing its employees and students with a safe and healthful environment.
- recognizes the use of tobacco products on campus grounds is detrimental to the health and safety of students, staff, faculty, and visitors.
- recognizes that it has the legal authority to prohibit tobacco use pursuant to G.S. 143-599.
Therefore, Cape Fear Community College has set the following 100% tobacco free campus policy, to be implemented on August 1, 2009.
- Use of tobacco is prohibited by students, staff, faculty, or visitors:
- in all campus buildings, facilities or property owned, maintained, or leased by Cape Fear Community College and outside areas of the campus;
- on campus grounds, facilities, or in vehicles that are the property of the college;
- in personal vehicles while on property owned or leased by Cape Fear Community College;
- at lectures, conferences, meetings, athletic, social, and cultural events held on college property;
- for the purposes of this policy, tobacco is defined as any type of tobacco product including, but not limited to, cigarettes, cigars, cigarillos, pipes, bidis, hookahs, smokeless or spit tobacco or snuff, e-cigarettes or any product simulating smoking instruments.
- except at a specific location(s) on the North Campus as approved by the president of the College, due to unsafe conditions going off-campus.
- The sale or free distribution of tobacco products, including merchandise, on campus or at school events is prohibited.
- Student organizations are prohibited from accepting money or gifts from tobacco companies, including:
- Events sponsored by tobacco companies and allowing them to distribute free, reduced-price, or fully priced tobacco products (T-shirts, hats, etc.) on campus.
- All tobacco advertising, such as billboards and signs in all campus buildings, facilities or property owned or leased and operated by Cape Fear Community College.
- Tobacco advertisements are prohibited in college-run publications and on grounds or facilities, including athletic facilities, owned or operated by Cape Fear Community College.
- Cape Fear Community College will provide access to tobacco cessation programs on campus.
These tobacco treatment programs shall be publicized regularly in student, faculty, and staff publications and academic buildings, through Student Services and Enrollment Management and through other appropriate means.
- A campus committee shall develop a plan for communicating the policy with students, staff, faculty, and visitors.
- The College ensures that appropriate signage and other physical indicators of our policy are provided.
- All tobacco waste management products such as ashtrays shall be removed.
- Those who violate the policy shall be given a citation for each policy violation.
1st Offense-Conduct Warning
2nd Offense-Conduct Probation
3rd Offense-Conduct Suspension from CFCC if deemed necessary
In accordance with the Code of Conduct, students who repeatedly violate the policy shall be referred to the Vice President for Student Services and Enrollment Management.
Faculty and Staff:
Staff and faculty who violate the policy shall be referred to their supervisor. Repeated violations by faculty and staff may result in further personnel action.
Visitors are expected to adhere to the College policies. Visitors who ignore the policy shall be asked to leave campus.
In compliance with the Department of Education, and as required by Title IX of the Education Amendments Act of 1972: “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.” CFCC prohibits sex discrimination and harassment in all operations of the college and will take immediate action and effective steps to respond appropriately. The Dean of Student Affairs at CFCC serves as the College’s Title IX Coordinator and has primary responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under Title IX, which prohibits sex discrimination and harassment in all the operations of this College, as well as retaliation for the purpose of interfering with any right or privilege secured by Title IX. Inquiries concerning the application of Title IX may be referred to CFCC’s Title IX Coordinator. CFCC’s Title IX Coordinator is Robert McGee, whose office is located at the downtown Wilmington Campus, Union Station Building, Room U-146. This office can be contacted by phone at 910-362-7191
or by email at email@example.com
Information in this section is being revised to follow the Department of Education regulations effective August 14, 2020. Until such time, to review a summary of the changes, see italicized information below.
“Note: The official version of this document is the document published in the Federal
Register. This document has been sent to the Office of the Federal Register but has not yet
been scheduled for publication.
DEPARTMENT OF EDUCATION
34 CFR Part 106
[Docket ID ED-2018-OCR-0064]
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal
AGENCY: Office for Civil Rights, Department of Education.
ACTION: Final rule.
SUMMARY: The Secretary of Education amends the regulations implementing Title IX of the
Education Amendments of 1972 (Title IX). The final regulations specify how recipients of
Federal financial assistance covered by Title IX, including elementary and secondary schools as
well as postsecondary institutions, (hereinafter collectively referred to as “recipients” or
“schools”), must respond to allegations of sexual harassment consistent with Title IX’s
prohibition against sex discrimination. These regulations are intended to effectuate Title IX’s
prohibition against sex discrimination by requiring recipients to address sexual harassment as a
form of sex discrimination in education programs or activities. The final regulations obligate
recipients to respond promptly and supportively to persons alleged to be victimized by sexual
harassment, resolve allegations of sexual harassment promptly and accurately under a
predictable, fair grievance process that provides due process protections to alleged victims and
alleged perpetrators of sexual harassment, and effectively implement remedies for victims. The
2 final regulations also clarify and modify Title IX regulatory requirements regarding remedies the
Department may impose on recipients for Title IX violations, the intersection between Title IX,
Constitutional protections, and other laws, the designation by each recipient of a Title IX
Coordinator to address sex discrimination including sexual harassment, the dissemination of a
recipient’s non-discrimination policy and contact information for a Title IX Coordinator, the
adoption by recipients of grievance procedures and a grievance process, how a recipient may
claim a religious exemption, and prohibition of retaliation for exercise of rights under Title IX.
DATES: These regulations are effective August 14, 2020”
Title IX of the Education Amendments of 1972 states: “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.”
Cape Fear Community College is committed to providing a learning, and working environment that promotes respect, responsibility, communication, collaboration, critical thinking, and accountability in an environment free of sexual misconduct and discrimination. Sexual discrimination violates an individual’s fundamental rights and personal dignity.
Cape Fear Community College considers sexual discrimination in all its forms to be a serious offense. This plan refers to all forms of sexual discrimination, including: discrimination against pregnant and parenting students, sexual harassment, sexual assault, and sexual violence by employees, students, or third parties. (Title 20 U.S.C. Sections 1681-1688)
Cape Fear Community College has a responsibility to ensure compliance by demonstrating that our education programs and other activities are operated in a manner consistent with Title IX regulations and provisions. Throughout the year there are several programs offered to the Cape Fear Community College community that provide knowledge to help prevent, avoid and respond to sexual misconduct.
If you feel you have been subjected to sexual harassment or discrimination, you should seek assistance as soon as possible. Please review the Sexual or Gender Misconduct Plan and the related Plan Explanations listed below.
How Can We Help?
Our plan helps to ensure the Cape Fear Community College’s community is free from discrimination based on sex or gender behavior. We are here to help assist you in an effective and efficient manner. If you feel you are or have experienced sexual misconduct or discrimination, the most important thing you can do is to get help.
Whom Should I Contact?
If you think you have been a victim of sex or gender discrimination, or if you are aware of its existence in any of our education programs or activities, or you have any questions about the sexual or gender misconduct policy, you can get help from any of the offices/individuals below:
- Faculty or Staff: Contact the Executive Director of Human Resources and/or Dean of Student Affairs/Title IX Coordinator, your supervisor, or Campus Safety Coordinator;
- Students: Contact the Dean of Student Affairs/Title IX Coordinator, Vice President for Student Services and Enrollment Management, any Student Services and Enrollment Management Director, Counseling Staff, Athletic Director, or Campus Safety Coordinator;
- Visitors or Applicants for employment: Contact the Executive Director of Human Resources or the Campus Safety Coordinator.
Sexual/Gender Misconduct Plan and Plan Expectations
I. Plan Statement
Members of the Cape Fear Community College’s community, guests, and visitors have the right to be free from sexual violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. Cape Fear Community College believes in zero tolerance regarding sexual or gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this plan, serious sanctions will be imposed to reasonably ensure that such actions are never repeated.
This plan has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This plan is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.
The college reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to; modification of class schedule, interim suspension from campus pending a hearing, and reporting the matter to the local police. Not all forms of sexual misconduct will be deemed to be equally serious offenses and the college reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The college will consider the concerns and rights of both the complainant and the person accused of sexual misconduct.
In campus hearings, legal terms like “guilt”, “innocence”, and “burden of proof” are not applicable, but the College never assumes a student is in violation of college policy. Campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources, to ensure a fair prompt and impartial hearing. All Title IX, sexual misconduct, violations are determined and based on the “preponderance of evidence” standard.
II. Expectations with Respect to Physical Sexual Misconduct
The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you do and do not want sexually. Consent to one form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence, without actions demonstrating permission, cannot be assumed to show consent.
Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity is a violation of this plan in the same manner as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.
Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent. They cannot fully understand the details of a sexual interaction (“who, what, when, where, why, and how”) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this plan, “No” always means “No” and “Yes” may not always mean “Yes”. Anything less than a clear, knowing and voluntary consent to any sexual activity is equivalent to a “No”.
Expectations with Respect to Consensual Relationships
Romantic or sexual relationships between individuals in unequal positions (such as teacher and student, supervisor and employee) may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks.
Sexual Violence – Risk Reduction Tips
Below is a list of suggestions to help avoid and reduce the risk of experiencing a non-consensual sexual act:
- If you have limits, make them known as early as possible.
- Tell a sexual aggressor “NO” clearly and firmly.
- Try to remove yourself from the physical presence of a sexual aggressor.
- Find someone nearby and ask for help.
- Take affirmative responsibility for your alcohol intake/ drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views an impaired person as a sexual opportunity.
- Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.
Sexual Misconduct: Sexual misconduct, including sexual assault, is defined as deliberate contact of a sexual nature without the other person’s consent. Sexual misconduct may vary in its severity and consists of a range of behaviors or attempted behaviors that may be grounds for student conduct action under college policy. These behaviors, all of which constitute sexual misconduct include:
- Non-consensual sexual contact: Non-consensual sexual contact is any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner. It is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent and/or cognizance. It includes any non-consensual sexual contact, including any improper touching of intimate body parts. It also includes the non-consensual removal of another’s clothing, indecent contact (i.e., the unwanted touching of intimate body parts including, but not limited to; genitals, buttocks, groin, or breasts) or causing another to have indecent contact with them.
- Non-consensual intercourse: Non-consensual intercourse is any sexual intercourse (anal, oral or vaginal), with any object, by a man or woman upon another person without consent. It is defined as engaging in sexual intercourse (oral, anal or vaginal) with another person without that person’s consent and/or cognizance. Non-consensual intercourse may be accomplished by expressly or implicitly forcing or coercing another person to have sexual intercourse against his/her will, including the use or threat of physical force, or any behavior that is designed to intimidate and induce fear in another person. Non-consensual intercourse can also occur when another person is under the influence of alcohol or other drugs, is undergoing physical or emotional trauma, is less than 17 years of age, or is otherwise incapable of denying or giving consent (for example, when an individual is in an unconscious or semi-conscious state).
- Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or sexual advantage of another or his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
- prostituting another person;
- non-consensual video or audio taping of sexual activity;
- going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
- engaging in voyeurism;
- knowingly transmitting an STD or HIV to another.
Sex discrimination includes all forms of sexual harassment, sexual misconduct, and sexual violence by employees, students, or third parties against employees, students, or others on campus. Sex discrimination also includes stalking, dating violence and domestic violence. Students, college employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the college campus and whether or not the incidents occur during working hours.
Sexual harassment toward any member of the College, is a violation of both state and federal law, college policy, and will not be tolerated in the college community. All members of this college community are expected and instructed to conduct themselves in such a way as to contribute to an atmosphere free of sexual harassment. Sexual harassment is unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of sexual nature.
“Sexual Harassment” means:
(a) unwelcome, or unwanted, sexual advances;
(b) unwelcome, or unwanted, requests for sexual favors; or
(c) other behavior(s) of a sexual or gender-based in nature where:
(i) submission to, or rejection, of such conduct is made either explicitly or implicitly as a term or condition
of an individual’s employment or academic status, evaluation of academic work, or participation in a college sponsored
educational program or activity;
(ii) submission to, or rejection, of such conduct by an individual is used as the basis for an academic,
employment, activity or program participation decision affecting that individual; or
(iii) such conduct is sufficiently severe and pervasive from both a subjective perspective
(i.e., the recipient’s view) and an objective perspective (i.e., a reasonable person’s view) that it
unreasonably interferes with an individual’s academic or work performance or creates an intimidating,
hostile, humiliating, demeaning, or sexually offensive working, academic, or social
While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include, but is not limited to:
- Promising, directly or indirectly, a reward to an individual if the person complies with a sexually oriented request;
- Threatening, directly or indirectly, retaliation against an individual, if the person refuses to comply with a sexually oriented request;
- Denying, directly or indirectly, an individual employment or education related opportunity, if the individual refuses to comply with a sexually oriented request;
- Engaging in sexually suggestive conversation or physical contact or touching another individual;
- Displaying pornographic or sexually oriented materials;
- Engaging in indecent exposure;
- Making sexual or romantic advances toward an individual and persisting despite the individual’s rejection of the advances;
- Physical conduct such as assault, touching, or blocking normal movement;
- Retaliation for making harassment reports or threatening to report harassment.
Gender-based harassment is also prohibited. It includes, but is not limited to; acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature. This applies to any person regardless of sex, sexual orientation, sexual identity, gender, gender identity, gender expression, gender nonconformity, gender transition, or transgender status.
Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment sometimes involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered separately would not rise to the level of harassment.
Any student who believes that they have been subjected to sexual harassment and feel that it’s in violation of this policy should file a complaint to the Dean of Student Affairs or the CFCC Campus Safety Coordinator and/or may notify the appropriate authorities.
*Approved 1.19.2017/Last updated: 3.5.2020
Coercing someone into sexual activity violates this policy as much as physically forcing someone into sex. Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community and that application of pressure or oppression causes another individual to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation and the initiator’s knowledge that the pressure is unwanted.
Effective consent is the basis of the analysis applied to unwelcome sexual contact. Lack of consent is the critical factor in any incident of sexual misconduct and sexual violence.
- Consent is informed, freely and actively given, and requires clear communication between all persons involved in the sexual encounter.
- Consent is active, not passive. Consent can be communicated verbally or by actions. But in whatever way consent is communicated, it must be mutually understandable. Silence, in and of itself, cannot be interpreted as consent.
- It is the responsibility of the initiator of sexual contact to make sure they understand fully what the person with whom they are involved wants and does not want sexually.
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Previous relationships or consent does not imply consent to future sexual acts.
- Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.
- Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand who, what, when, where, why and how of their sexual interaction.
- Effective consent cannot be given by minors, mentally disabled individuals or persons incapacitated as a result of drugs or alcohol.
- Use of alcohol or other drugs will never function to excuse behavior that violates this policy. When alcohol or other drugs are being used, someone will be considered unable to give valid consent if they cannot appreciate who, what, when where, why and how of a sexual interaction. Individuals who consent to sex must be able to understand what they are doing.
- If you have sexual activity with someone you know to be, or should know to be, mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.
- This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc., is prohibited and administering one of these drugs to another person for the purpose of inducing incapacity is a violation of this policy.
If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:
- DO NOT MAKE ASSUMPTIONS about consent, about someone’s sexual availability, about whether they are attracted to you, about how far you can go or about whether they are physically or mentally able to consent to you.
- Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
- Understand that consent to some forms of sexual behavior does not necessarily imply the consent to other forms of sexual behavior.
- Mixed messages from your partner should be a clear indication that you should step back, defuse the sexual tension, and communicate better. Perhaps you are misreading them.
- Do not take advantage of someone’s drunkenness, impaired or drugged state, even if they did it to themselves.
- Realize that your potential partner could be intimidated by, or fearful of you.
- Silence and passivity cannot be interpreted by you as an indication of consent. Read your partner carefully, paying attention to verbal and non-verbal communication.
The college strictly prohibits retaliation against any person for reporting, testifying, assisting or participating, in any manner, in any investigation or proceeding involving allegations of discrimination or harassment. Any person who violates this policy will be subject to discipline, up to and including termination if they are an employee, and/or expulsion if they are a student. Retaliation is any action by any person that is perceived as: intimidating, hostile, harassing, a form of retribution, or violence that occurs in connection to the making and follow-up of the report.
The term “dating violence” means violence committed by a person (a) who is or has been in a social relationship of romantic or intimate nature with the complainant; and (b) where the existence of such a relationship shall be determined based on a consideration of the following: the length of relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
The term “domestic violence” includes felony or misdemeanor crimes committed by the current or former spouse of the complainant, by a person whom the complainant has a child with, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction.
The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.
CFCC Student Code of Conduct
The College makes every effort to maintain a safe and healthy learning environment for its students and employees alike. When a student is in violation of the Code of Conduct, they will be subject to disciplinary action by the College, and if warranted, referred to the appropriate law enforcement agency. It is expected that students are courteous, respectful, accountable, and conduct themselves as responsible members of the College community. Participation in any activity which, in the opinion of the administration, disrupts the educational process or functioning of the College may result in disciplinary action. Specific violations of the Code of Conduct and/or college policy include, but are not limited to the following:
Academic Integrity (cheating and/or plagiarism)
Bullying/Hazing (initiating or participating in verbal, social, or physical bullying; whether in person, through social media, electronic devices, or any other means)
Children on Campus
Computer Acceptable Use
Destruction of College Property
Drug, Alcohol and Controlled Substance
General Disruptive Behavior
Substance Abuse and/or Possession (any drug as defined under North Carolina General Statutes)
Tobacco Free Campus
Violation of Federal, State, or Local Law
Weapons on Campus (possess or carry, any weapon on campus, whether openly or concealed)
Violation of these rules of conduct and/or policy will not be tolerated in or on any part of the campus, its satellites, equipment it operates, or wherever its employees or students are required to be while performing their duties as employees or students. Any violation of these standards of behavior may result in disciplinary sanctions and/or dismissal from the College. Additional classroom rules may be designated by instructors or supervisors and must be followed at all times. College administrators have the right to contact parents of any student under the age of 21 who has violated a federal, state, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance.
Any person observing a conduct violation(s) should immediately contact the Dean of Student Affairs or the Vice President for Student Services and Enrollment Management.
Conduct Warning, Probation, Suspension, and Expulsion
CFCC students are expected to conduct themselves in accordance with college rules, regulations, policy and/or local, state or federal law. Any student whose conduct or behavior becomes unsatisfactory may be placed on conduct warning, probation, suspension, or may be expelled from the college. If an act of misconduct threatens the safety, health or well-being of the College community or severely disrupts the educational process/learning environment, the Dean of Student Affairs or his/her designee, may impose an interim suspension, or campus ban, from the College and/or College premises until disciplinary proceedings are completed and due process is provided to the student. Interim suspension may result in exclusion from class and/or other College related privileges or activities until a final decision can be made concerning the alleged violation. A student is subject to immediate suspension and expulsion, if deemed necessary, by the Dean of Student Affairs or Vice President for Student Services and Enrollment Management. CFCC has the right and responsibility to protect the welfare of the college community and has the discretion to impose disciplinary sanctions under the CFCC Student Code of Conduct.
Warning – is a status of “conduct warning” through the duration at CFCC.
Probation – is a status of “conduct probation” for the duration at CFCC.
As part of conduct probation a student may have restrictions placed on specific student privileges or may be required to satisfy certain conditions to return as determined by an administrative hearing and/or the Dean of Student Affairs. In the event of a further violation of the Code of Conduct, or other College rules while on disciplinary probation, the College may seek the penalty of suspension or expulsion if warranted.
Suspension – is the status of “conduct suspension”, which involves immediate removal from campus, withdrawal from enrollment for a specific period of time, registration privileges revoked, and will remain on the student’s permanent record.
Expulsion – is the permanent dismissal of a student from the College. Expulsion will result in immediate removal from campus, withdrawal from enrollment, registration privileges revoked, and will result in a permanent notation on the CFCC official transcript.
Conditions to Return
Any student that is on conduct probation, suspension or removed from classes due to a code of conduct violation may be required to submit appropriate documentation or satisfy certain conditions to return as determined by an administrative hearing and/or the Dean of Student Affairs. Those conditions may include, but are not limited to, counseling, evaluation/assessment by a mental health provider, anger management, proof of rehabilitation and/or other required documentation.
All suspended students must meet with the Dean of Student Affairs or designee to make clear the terms of their suspension from the College. Re-enrollment after a suspension period requires that the student apply to the Dean of Student Affairs at the close of the imposed period, and the Dean will determine whether the student has met the conditions imposed and is otherwise eligible for re-enrollment. To ensure due process, a denial may be appealed to the Judicial Board.
Cape Fear Community College has the authority, exercised in its reasoned judgment, to ban students, employees, and visitors, using existing policies, and/or procedures (i.e. Code of Conduct suspensions, expulsions). Likewise, the college may ban a student on an interim basis if he or she is deemed to pose an imminent threat to college property or operations, to the safety or well-being of others, or otherwise has engaged in unacceptably disruptive conduct that disturbs the CFCC learning and working environment. During the term of suspension and/or expulsion, the student may not come onto campus (campus ban) and may be served with a No-Trespass Order. Failure to abide by this condition may result in arrest for criminal trespassing and/or referred for prosecution.
A student who is suspended or expelled after the deadline for withdrawal (“W”), shall be assigned a grade of “W” and administratively withdrawn regardless of academic performance.
Right of Appeal
If a student wishes to appeal a conduct sanction or action taken by the College, he/she may file a written appeal within five (5) weekdays of the incident to the Vice President for Student Services and Enrollment Management. Within five (5) weekdays of receipt of the written appeal, the Vice President for Student Services and Enrollment Management will convene the Code of Conduct Subcommittee of the Judicial Board to hear the appeal and make a determination regarding the issue. The Vice President for Student Services and Enrollment Management will then notify, in writing, the student and the Dean of Student Affairs of the Code of Conduct Subcommittee’s decision. The student may appeal the Code of Conduct Subcommittee’s decision to the President of the College or his/her designee. This appeal must be made within ten (10) weekdays of the student’s receipt of the Code of Conduct Subcommittee’s decision. The appeal process consists of the President of the College or his/her designee reviewing the written record submitted to date and does not involve an additional hearing. The President of the College or his/her designee will respond with his/her final decision to the appeal within ten (10) weekdays of receipt of the appeal.
Cape Fear Community College supports students’ constitutional right to due process. The Judicial Board is the vehicle to ensure the right of appeal.
The right of appeal is granted to any student who has a grievance concerning final grades, academic integrity (cheating/plagiarism), conduct suspension or expulsion, or feels he/she has been discriminated against or denied service on the basis of race, color, national origin, age, religion, disability or sex.
The Judicial Board will consist of seventeen (17) representatives from all areas of the College - faculty, staff, students and administration. The Judicial Board’s subcommittees will act on the following categories of student appeals. The Judicial Board will hear appeals concerning final grades, academic integrity, conduct suspension or expulsion, and charges of discrimination and/or denial of service on the basis of race, color, national origin, age, religion, handicap or sex. The subcommittee’s areas of responsibility of the Judicial Board are listed below.
Academic Subcommittee of the Judicial Board
The Academic Subcommittee will hear appeals in the matter of academic integrity (cheating or plagiarism) and grade appeal (final grades). The subcommittee will consist of members selected from the Judicial Board membership and others as deemed necessary by the Dean of Student Affairs. The committee will consist of three (3) or more representatives from the Judicial Board and will select its’ chair from the faculty membership.
Code of Conduct (Disciplinary and Sexual Misconduct) Subcommittee of the Judicial Board
The Code of Conduct (Disciplinary and Sexual Misconduct) Subcommittee will hear appeals concerning conduct from the college’s Office of Student Affairs. The subcommittee will consist of members selected from the Judicial Board membership and others as deemed necessary by the Dean of Student Affairs. The committee will consist of three (3) or more representatives from the Judicial Board. The chair will be selected by the Dean of Student Affairs.
If you believe that you have a legitimate grievance against another CFCC student or college employee, in a matter other than those covered by the aforementioned, or those outside the jurisdiction of the CFCC Code of Conduct, you may seek a resolution of that grievance through an informal written complaint to the Dean of Student Affairs, Robby McGee (firstname.lastname@example.org). If your grievance cannot be resolved at an informal level, you may file a formal complaint with the Vice President of Student Services and Enrollment Management to initiate a hearing with the Judicial Board to seek additional understanding and/or resolution.
Student Complaint Procedures
As a matter of practice, CFCC subscribes to the philosophy that student complaints are best resolved on an informal basis. When a student has a complaint he/she should attempt to resolve concerns with college personnel having responsibilities directly at the source of the complaint. When informal procedures do not resolve concerns, written student complaints should be sent to the Dean of Student Affairs who will determine the appropriate college personnel to review the complaint. The student should receive written acknowledgment of receipt of the complaint from the Dean of Student Affairs or designee within 24 hours.
The complaint will be reviewed and a collaborative effort will be made to resolve the complaint within twenty (20) working days of receipt of the complaint. The student will receive notification of the resolution of the complaint, or of the College’s position on the complaint.
CFCC also provides its students, employees, and guests with an on-line Grievance Form for reporting alleged incidents of harassment, discrimination, sexual misconduct and/or breaches of the CFCC Code of Conduct.
Public Complaint Procedures
Members of the public may also file a complaint by forwarding a written statement, signed by the complainant, to the Office of the President, Cape Fear Community College, 411 N. Front Street, Wilmington, North Carolina. CFCC will not entertain complaints that are not in writing or which are anonymous, nor will it consider complaints sent electronically or through facsimile transmission. The President, or the President’s designee, may require further information from the complainant and may seek information from appropriate college offices, as needed, to respond to the complaint.
Crime Awareness and Campus Safety Policies (Jeanne Clery Act)
The goal of Cape Fear Community College is to provide students, faculty, staff, and visitors with a safe educational environment. The Campus Safety Office is comprised of both sworn Law Enforcement and non-sworn Campus Security Officers, as well as, Parking Enforcement. CFCC works in conjunction with New Hanover County Sheriff’s Office, Pender County Sheriff’s Office and Surf City Police Department, along with Allied Universal Security Services to patrol and protect our students, employees, guests, facilities and properties.
II. College Safety
Sworn Deputies/Officers are armed and identified by their uniforms, shoulder patch and badge. They have full authority on College property under the provisions of Chapter 17C of the General Statutes of the State of North Carolina. Law enforcement commissions are granted under that statute by the Attorney General of North Carolina. Deputies/Officers possess all the powers to make arrests for both felonies and misdemeanors, as well as, charge for infractions within the agency’s jurisdiction.
Non-sworn Campus Security Officers are unarmed and identified by the yellow or blue and black uniforms with a distinctive white and blue shoulder patch and security badge. They perform tasks such as providing escorts to/from class and/or vehicles, notifying law enforcement of suspicious individuals or activities, etc. Security Officers do not have the power of arrest. An arrest (if necessary) will be referred to law enforcement.
Parking Enforcement Officers are unarmed and are identified by the white and black uniforms with a distinctive shoulder patch, and badge. They assist with parking management and enforcement throughout campus, to include: ticketing, booting, towing and other parking specific violations.
III. Reporting and Notifications
Students who are victim, or witness, to a criminal incident, or are aware of a potential threat on campus have the responsibility to report it immediately to law enforcement. Reporting a crime helps law enforcement agencies find and arrest a suspect, track criminal activity, recover stolen property and identify trends in various areas of the college and surrounding community to ensure a safe learning and working environment.
If you are, or feel like you’re in immediate danger, call 911. For any non-emergent situation, reporting, questions, or to request Security assistance, call 910-362-7855, Downtown Campus; 910-362-7580, North Campus; 910-362-7911, Burgaw Center; or 910-328-7711, Alston W. Burke Center.
Emergency “Blue Light” Telephones: Emergency phones are installed throughout CFCC campuses/centers, particularly in parking lots/decks and the more remote/secluded areas. Pressing the call button on this box will connect you immediately to the 911 Dispatch Center, which then notifies local law enforcement of an emergency.
Cape Fear Community College has an online incident reporting system where students may report concerns such as code of conduct violations, Title IX or sexual misconduct, concerning or threatening behavior, etc. This system is accessed by https://cm.maxient.com/reportingform.php?CapeFearCC&layout_id=0
In addition, on CFCC’s Campus Safety website (https://cfcc.edu/about/campus-safety/), Students may utilize the link to “Submit a Crime Tip.” This system directly links to the New Hanover County Sheriff’s Office.
*Of note, online reporting may be done anonymously, if desired.
Cape Fear Community College has an Emergency Notification System intended to rapidly disseminate emergency information about an incident or emerging situation in addition to providing instructions to Students, Faculty and Staff. In the event that a situation arises, either on or off campus, that, in the judgment of the President, his/her senior administrative staff, or Campus Safety Coordinator is a potential threat, a campus wide “timely warning” will be issued. The warning will be issued through the most effective and efficient means available and may include text messages, emails, voicemails, and/or social media.
Campus Sex Crimes Prevention Act
The federal Campus Sex Crimes Prevention Act enacted on October 28, 2000 requires all colleges to issue a statement advising the campus community where information on registered sex offenders who are employed, enrolled, or volunteering at Cape Fear Community College can be obtained.
Sex Offender Notification
Persons who have been convicted of an offense against a minor or a sexually violent offense are required by law to register with the Sheriff in the county where they reside. The law requires that they also inform the county Sheriff if they register for school.
Notifications of registered sex offenders are public knowledge and may be found at the following sites:
North Carolina Sex Offender and Public Protection Registry: http://sexoffender.ncsbi.gov
U.S. Department of Justice, National Sex Offender Public Website: https://www.nsopw.gov
Students and employees can do much to protect themselves from crime. Many crimes occur only because there was an opportunity for them to happen. For example, most crimes of theft are random, not calculated. They occur because personal property is left unattended. Locking doors and windows, securing valuables in your car trunk are methods of reducing temptation and opportunity which can result in a thwarted burglary or theft. Personal protection is also important. When walking, plan the safest and most well-lit route. Be aware of your surroundings including persons, places, and things. Remember, you can take steps to protect yourself from being the victim of a crime, educate yourself, protect yourself, and report all criminal activity or suspected criminal activity to local law enforcement agencies.
The Jeanne Clery Act
Cape Fear Community College seeks to protect the college learning environment and provide a safe campus for all students, faculty, staff and visitors while on college premises. CFCC complies with the Jeanne Clery Act that requires all colleges and universities who receive federal funding to share information publicly about crime on campus and their efforts to improve campus safety. Disclosure of the CFCC campus crime statistics (Clery Report) may be found at the following website for review: http://ope.ed.gov/security/.
Behavioral Intervention Team (BIT)
Cape Fear Community College is committed to providing the best possible and working environment that is free of discrimination, harassment and/or sexual violence. By establishing a Behavioral Intervention Team (BIT) at CFCC, formal lines of communication will be clear and efforts will be strengthened during heightened security threats at all college campuses and sites. The BIT will provide a college-wide, integrated approach to addressing extraordinary discipline and/or safety issues on campus. The ongoing development and coordination of a team of CFCC administrators to address crisis intervention situations will ultimately reinforce the college’s overall safety and security infrastructure.
Weapons on Campus
As stated in the North Carolina General Statute, G.S.14-269.2, it is unlawful for any person to possess or carry, openly or concealed, any weapon on campus, or any CFCC educational property. This includes any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other weapon of any kind on educational property or to a curricular or extracurricular activity sponsored by the College. Unauthorized weapons include, but are not limited to, bomb, grenade, mine, fireworks, or any explosive; any gun, rifle, air pistol/rifle, BB gun, stun gun, taser; bowie knife, dirk, dagger, switchblade knife; slingshot, leaded cane, blackjack, metallic knuckles, razors and razor blades, any sharp-pointed or edged instrument, or any other weapon of like kind. Exceptions may include instructional supplies; unaltered nail file or clips; ordinary pocket knife (closed position /carried in pocket or purse); tools used solely for preparation of food, instruction, and maintenance on the educational property.
The possession of a handgun by a person who has a concealed handgun permit valid under Chapter 14 Article 54B of the N.C.G.S., or is exempt from obtaining a permit according to that Article, as long as the handgun remains and is properly contained in the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle. Authorized possession includes unlocking, entering and exiting the vehicle as necessary to properly contain the handgun for storage, conceal the handgun on the person or allow a passenger to enter the vehicle, as more specifically provided in N.C.G.S. 14-269.2(k).
Authorized possession may only include persons in law enforcement, those in legislative, executive and judicial branches of the government, as permitted by North Carolina General Statute, G.S. 14-269 and 14-269.2.
Individuals in violation of this College policy may be subject to criminal prosecution and/or disciplinary action. Students may be subject to disciplinary action up to and including suspension or expulsion and employees may be subject to disciplinary action up to termination. Guests, visitors, and/or contractors found in violation of this policy may be permanently trespassed, or prohibited from returning to campus.
If you have any questions please refer to the North Carolina General Statute, G.S.14-269.2. Inquiries regarding the Weapons on Campus policy should be directed to CFCC Campus Safety.
Communicable Disease Policy
As required by the State Board of Community Colleges, 1C SBCCC 200.94, CFCC is committed to providing a safe and healthy learning environment. The purpose of this policy is to prevent and protect all students, faculty, staff and visitors from the spread of a communicable disease, while also prohibiting discrimination against persons with a reportable communicable disease.
A communicable disease is any condition that may be transmitted directly, or indirectly, to a person from an infected person whether via airborne or by physical contact. As defined, a communicable disease is an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal or reservoir, to a susceptible host, through an intermediate plant or animal host, vector, or the inanimate environment (Dictionary of Epidemiology, 2001). By definition and determination by the Centers for Disease Control and Prevention, and the NC Department of Health and Human Services - Epidemiology (NCDHSS), any reportable communicable disease or condition must be evaluated and assessed by a medical physician to protect the health and safety of the College.
Students who suspect, or have reason to believe, that they have a communicable disease are expected to seek expert medical advice about their health circumstances and are obligated, legally and ethically, to conduct themselves responsibly for the protection of themselves and others. Students who know that they are infected with a communicable disease are encouraged to contact the Dean of Student Affairs, so that the College can assist in the appropriate response to their health and/or educational needs and can make any reasonable accommodations, if necessary. As a general rule, individuals that have been diagnosed with a reportable communicable disease and have been cleared by a physician, and provide appropriate documentation, will be permitted to attend classes, access facilities, services, programs or activities provided by the College. Additionally, all inquiries will be handled on a case-by-case basis to ensure the appropriate measures have been executed.
Students of the College who may be infected with a reportable communicable disease, as defined by the NCDHHS, shall not be excluded from enrollment or restricted in their access to College facilities, services, programs, or activities, unless it has been determined by a healthcare professional and/or the NCDHHS that exclusion or restriction is reasonably necessary because the infected individual poses a significant risk of substantial harm to the health or safety of him/herself or others at the College that cannot be eliminated or reduced through other reasonable accommodations.
Specific health conditions and medical information will remain confidential, unless authorized by the individual in writing to be released, except when appropriate health care providers and/or College officials on a need to know basis and required by local, state and federal law to prevent and/or protect the surrounding community.
Procedure for Students with Exposure to COVID-19
- If a student suspects they may have COVID-19, or have come in close contact with someone who has these symptoms or has tested positive for COVID-19, the student should remain home and seek medical guidance. He or she must also notify the Dean of Students (Mr. Robby McGee, 910-362-7191) and consult with the instructors about staying on track in classes.
- If a student has taken a COVID-19 test and is awaiting the results of that test, the student should immediately notify the Dean of Students (Mr. Robby McGee, 910-362-7191) and remain home until the results of the test are determined.
- If a student tests positive for COVID-19, the student should remain home and must immediately notify the Dean of Students (Mr. Robby McGee, 910-361-7191). The Dean’s Office will consult with the student and, will contact local public health officials if necessary in determining what steps, if any, should be taken by the student and other affected parties.
Please refer to the Excused Absences due to Public Health Emergencies policy in the student handbook for further guidance if you need to remain at home due to one of the above circumstances.
Evacuation of Buildings
An evacuation diagram is located on each floor and in each room of every building. The primary route for evacuating a building is indicated by a solid red line. If, for any reason, the primary route is blocked, use the secondary escape route indicated by a broken red line on the diagram. All occupants will follow this procedure unless otherwise directed by law enforcement or security officials. Those persons needing assistance should wait in the designated Areas of Rescue for help.
Everyone must exit the building when the fire alarm sounds. IT IS NOT AN OPTION TO REMAIN IN THE BUILDING. Treat all alarms as the real thing. Students should take all personal belongings with them when evacuating the building.