Terms and disclaimer
Last Revision: 3/28/2023
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF BUTLER COMMUNITY COLLEGE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE WEBSITES LISTED HERE. USE OF THESE WEBSITES INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY BUTLER COMMUNITY COLLEGE.
These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
You should print a copy of these Terms and Conditions for future reference.
The Butler Community College website is comprised of pages of officially constituted academic departments, programs, centers, administrative departments, and student groups officially recognized by the college, and officially recognized college committees and affiliates. While every effort is made to maintain current and accurate information on the college website, all materials maintained on the Butler Community College web servers are provided "as is" with no warranties of any kind.
These pages were prepared on the basis of the information available at the time of publication. Therefore, specific statements, including fees, dates, course offerings, admission requirements, financial aid practice and policies, graduation requirements, and other procedures or policies may be subject to change without notice.
Butler Community College complies with The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. For more information, please refer to the U.S. Department of Education.
Notice of Nondiscrimination
Butler Community College is committed to nondiscrimination on the basis of gender, race, color, national origin, age, religion, mental or physical disability, marital or parental status, or status as a
veteran. This includes, but is not limited to admissions, employment, financial assistance, placement, recruitment, and educational programs or activities, as required by applicable laws and regulations. Lack of English language skill is not a barrier to admission and participation in educational programs and
activities. Any person having inquiries regarding special needs, support services, or Butler Community
College’s compliance with the regulations implementing Title VI, Title IX and the Americans with
Disabilities Act of 1990 is directed to contact the coordinators who have been designated to coordinate
the educational institution’s efforts to comply with the regulations implementing these laws.
Title IX Coordinator:
Director of First Year Experience
BOA Student Union Manager
715 E. 13th St.
Student Life Center, Office 5002C
Andover, KS 67002
Section 504 Coordinator:
Director of Disability Services
Office of Disability Services
901 South Haverhill Road
Hubbard Center, Office 603E
El Dorado, KS 67042
Title VI, Title IX and Section 504 ADA complaints may also be filed with the Regional Office for Civil Rights. Address correspondence to:
U.S. Department of Education, Region VII
Office for Civil Rights
1 Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106
This privacy statement applies to all websites hosted on servers owned and operated by Butler Community College. The privacy statement discloses our information gathering and dissemination practices for all Butler Community College websites.
IP Address and Authentication
We log all connections to our Web servers. Those log files include your IP address, general information about your location, your connection to the Internet, and the Internet Service Provider that is being used. We use your IP address to help diagnose problems with our servers and to administer the websites.
However, when you connect to any of our systems through the use of individual or pooled modems, wireless connections on our campuses, or residence halls' connections we ask you to authenticate using a user identification and password. We do this so that these resources are used only by authorized students, staff, and faculty of this institution. In this case the log files do provide personally identifiable information. This information includes a history of the websites and pages that you visit.
Butler Community College may collect personal information through various forms, surveys, or applications to allow us to contact you, improve our services, or create, complete, or update information about your records with Butler Community College. Information obtained via contact forms are only used for the defined purpose of contact and necessary college records. The user may be contacted through telephone, mail, or e-mail in response to the request being made.
We do not sell or rent your contact information to third parties. However, we do provide this when we are required to disclose such information by law or in response to a request from a law enforcement agency or authority.
Butler Community College is not responsible for personal information that is disclosed by users posting to discussion boards in Canvas. All users of Canvas are to exercise caution when disclosing personal information. Any information disclosed should be for educational purposes only.
Any personal information collected that pertains to financial aid is shared with specific third party loan agencies for the sole purpose of servicing student loans for Butler Community College.
By using our websites, you represent that you are not less than 13 years of age. Personal information that is collected is treated as though it was submitted by an adult.
Except with regard to any contact information you may provide us via the websites, all comments, feedback, information, or materials submitted to Butler Community College or in association with our websites will be considered non-confidential and the property of Butler Community College.
Butler Community College websites have security measures in place to protect against the loss, misuse and alteration of the information under our control; however, Butler Community College does not guarantee the performance or adequacy of such security measures. Unauthorized attempts to access privileged data is strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 (18 U.S.C. § 1001 note) and the National Information Infrastructure Protection Act of 1996 (18 U.S.C. § 1030). Law enforcement officials may be contacted in the event of possible violations.
Links to Other Websites
The websites contain links to other websites that are not owned or operated by Butler Community College. The College is not responsible for the privacy policies or practices of third parties or the content or security of such websites.
Dissemination of Information
Butler Community College staff uses both personally identifiable information and non-personally identifiable information to aid them in diagnosing network and server issues and in planning for capacity and performance issues. Personally identifiable information is also used in diagnosing and attempting to solve problems of particular users at their request.
Butler Community College staff also uses personally identifiable information to aid in any investigation of unauthorized, inappropriate, illegal, or irresponsible use of computing resources. This information may be used internally to disable or remove accounts. Butler Community College will also cooperate with external agencies when required to disclose such information by law or in response to a request from a law enforcement agency or authority.
Butler Community College will not sell, rent, or otherwise disseminate information that it collects on its websites to other parties except as required by law and for financial aid purposes.
RELEASE OF LIABILITY
Butler Community College utilizes various software titles that may direct you outside of Canvas and the secure Butler Community College environment, to their external websites. As such;
- Some of these software titles may require parental acceptance of the End User License Agreement, if the end user is under the age of 18.
- IF you are under the age of 18, Butler Community College advises you to print this disclaimer and review with your parent or guardian.
- Some titles may require and collect Personal Identifying Information or PII such as; name, address, phone number, email, social security number, credit card, banking information and other information.
- IF you are under the age of 18, Butler Community College advises you to print this disclaimer and review with your parent.
- Some of the said software titles may require students to maintain enrollment in a minimum of 6 credit hours per semester.
- Some of the said third party software can potentially capture your Social Media account information.
I AGREE TO INDEMNIFY AND DEFEND BUTLER COMMUNITY COLLEGE AGAINST ALL CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGEMENTS, COSTS OR EXPENSES WHICH MAY ARRISE IF I AM UNDER THE AGE OF 18 AND ACCEPT SAID SERVICES WITHOUT PARENTAL CONSENT, AND/OR MY PII IS BREACHED BY A THIRD PARTY, AND/OR I MAINTANE LESS THAN 6 CREDIT HOURS PER SEMISTER.
KANSAS OPEN RECORDS ACT (KORA)
The Kansas Sunshine Laws
Sunshine laws require governments to function in the open, subject to public scrutiny. Kansas has two sunshine laws:
- The Kansas Open Records Act (KORA)
- The Kansas Open Meeting Act (KOMA)
KORA requires most records that are made or kept by public schools or community colleges, as well as other tax-funded entities such as county or municipal governments, to be open to the public. KOMA and KORA are designed to ensure public access to information that forms the basis for public decision making.
Each of the laws make openness the rule, but also recognizes that there are circumstances when individual privacy interests, or competing public interests, override the public right to know. Private individuals can bring an action in the district court to enforce their rights under KORA. Actions can also be brought by the county attorney, the district attorney, or the Kansas Attorney General. Though community colleges or schools may be fined for intentionally violating KORA, injunctions and other orders to enforce the purposes of KORA are the most common remedies.
Kansas Open Records Act
KORA begins with the presumption that all public records should be open to the public, but allows certain exemptions from the requirement. The law includes exceptions because the Kansas Legislature has determined that the public right to know is sometimes outweighed by another important interest. The following list provides examples of types of records which may be exempt under KORA. Not all exempt records are included in this representative list.
- Records exempted by other laws
- Records privileged under rules of evidence
- Medical and treatment records
- Personnel records, except for the name of the employee, his or her position, salary, and length of service.
- Names of donors, if they have requested that their names not be released
- Some emergency or security procedures
- Sealed bids, until one is accepted or all are rejected
- Correspondence with a private individual
- Records containing information of a personal nature, where disclosure would constitute an unwarranted invasion of privacy
Your Right to Request Records
KORA grants the public the following rights:
- To have our Freedom of Information Officer respond to your questions about KORA
- To inspect any public record we have in our possession that is not exempt (We are not required to create a record for you if the record doesn't already exist.)
- To have copies of public records, though we can charge reasonable fees for making copies
- To be informed of the procedures you must follow in requesting access to or copies of our records during our regular business hours
- To have access to a record not later than three business days after you request it
- To a written explanation of the reason we are denying you access to a record, if we refuse to allow you access to a record
- To bring an action against us in the district court if you believe we are denying you access to a record you have a right to see
- To have your attorney's fees paid by us if the court determines we intentionally violated your rights under KORA, and had no reasonable basis for denying your request
Community colleges and public schools have a number of responsibilities under KORA. We must:
- Appoint a Freedom of Information Officer who can answer your questions and settle disputes under KORA
- Make facilities available to you for inspecting our records
- Allow you to make abstracts or have copies of our records made
- Adopt procedures for requesting access or obtaining copies of our records
- Act upon requests for records as soon as possible, or provide you an explanation for the reason for the delay. If there is a delay, we must tell you the earliest time and place at which the record you're seeking will be made available
- Have a records custodian available during all regular business hours, and have procedures for allowing access on business days when regular office hours are not maintained.
- Redact exempt information and provide you with a remainder of the record, if the record contains both exempt and nonexempt material
- Provide you with a written statement which cite the specific provision of the law under which we are denying access, if we deny you access to a record and you ask for an explanation. The statement must be provided within three business days after you request it
Procedures to Follow
Butler Community College Custodian of Records/Freedom of Information Officer
Vice President of Finance
In the event that the Vice President of Finance is not available, KORA requests should be directed to the Secretary to the Vice President of Finance or the Director of Accounting.
A request for access to the college records should be directed to the Custodian of Records in writing with the name and address of the requesting party and information necessary to ascertain the records to which the requester desires access and the requester's right of access to the records.
The college will make every effort to retrieve the record and provide it to you as soon as practical once the application has been received, reviewed, and approved. Access to college records is limited to regular business hours and subject to staff availability. You cannot remove a public record from the college's office. If you desire a copy of the record, that request shall be made in writing and a fee for copying and staff time will be charged.
EXPECTATION OF STUDENT CONDUCT
Butler Community College expects students to behave in a manner that supports a positive educational environment for all. Upon enrollment, each student accepts the obligations of performance and behavior imposed by the college relevant to its lawful missions, processes and functions. The Student Code of Conduct and Academic Integrity policies have been developed to achieve that aim.
STUDENT CODE OF CONDUCT
At Butler Community College students are expected to be responsible for reviewing all of the policies at the College. Specifically, students are required to understand the policies that relate to student behavior, academic honesty, and Butler’s timeless institutional values of quality, integrity, service, and care. All students are expected to adhere to all of these policies. Lack of knowledge of the policies is not an acceptable excuse for non-compliance.
When in the classroom, students must be fully engaged in any class. Any act of disrespect toward an instructor, sponsor or College official is unacceptable. Students are expected to immediately comply with directives from any College official. If a student feels that a request is inappropriate, they should voice their concern to the Vice-President for Student Services.
Butler Community College expressly prohibits any form of discrimination or harassment based on gender, race, color, religion, sex, sexual orientation, national origin, age, disability, veteran status, or status in any group protected by state or local law.
Student behavior that is contrary to adopted school policy will result in appropriate disciplinary action. Grounds for probation, suspension or expulsion include:
- Willful violation of any published regulation for student conduct adopted or approved by the Board of Trustees
- Individual or group behavior which substantially impinges upon or invades the rights of others, disrupts, impedes or interferes with the operation of any college class or activity. Such conduct includes (but is not limited to) assault, threats to the personal safety of one’s self or others, throwing objects, making excessive noise, unwelcome physical contact, or hazing/bullying.
- Conduct which results in violations of federal, state laws, and local city ordinances or conviction of the student of any offense specified in chapter 21 of the Kansas Statutes Annotated or any criminal statute of the United States.
- Disobedience of an order from a teacher, peace officer, college security officer or other school authority, when such disobedience can reasonably be anticipated to result in disorder, disruption or interference with the operation of any college class or activity is prohibited.
- Being under the influence, possessing, and/or consuming alcoholic beverages (3.2 beer included), illegal or unauthorized drugs on college property. (See Disciplinary Action for Drug and Alcohol Violations in the Student Handbook).
- Theft of any kind, including seizing, receiving or concealing property with knowledge that it has been stolen. Willful, intentional or negligent damage or destruction to any property belonging to the college, faculty or staff, visitor or student.
- Possession or use of unauthorized firearms or other weapons or violation of the Weapons Policy.
- Violations of any computer lab policy. Violations of ethical standards and unauthorized or inappropriate use of computer such as (but not limited): using other’s e-mail without permission, downloading or engaging in pornographic material, monopolizing hardware, software and/or printers for personal use (not college related), tampering with the college’s network security system, or any illegal activity that violates the laws of libel, copyright, trademark and the Buckley Amendment.
- Intentionally and/or maliciously violating the Academic Integrity policy or falsifying College documents or records (including financial aid, admissions and registration) or make a false report or statement to a College official. (See Academic Integrity)
- Participation in inappropriate sexual behavior or sexual harassment of College faculty, staff, or students. (See Harassment and Violence Policy)
- Use of cigarettes, chewing tobacco, electronic cigarettes or any other violation of the College Tobacco Free Campus Policy. (See Tobacco Free Campus Policy)
Students are expected to fully cooperate with any investigation affecting the College by local law enforcement or college officials. If a student participates in conduct which results in their conviction of any misdemeanor or felony offense, they may face disciplinary action from the College that may include being removed from school.
College officials including the President, Vice President of Academics, or Vice President of Student Services (or their designees) may impose sanctions including probation, suspension, dismissal, and expulsion of any student who violates College Policy including the Student Code of Conduct and Academic Integrity policies.
If a student disagrees with the sanctions set forth by a college official he/she has the right to appeal. To appeal sanctions resulting from violations of the Student Code of Conduct, except the Academic Integrity violations, the student should refer to the Student Disciplinary Process. For violations of the Academic Integrity policy and disagreements about grade assignments, the students should refer to the Academic Integrity and Academic Appeal Process.
STUDENT DISCIPLINARY PROCESS
Butler’s Student Disciplinary Process is a three-step model consisting of the following stages: Investigation and Initial decision; Appeal to the Student Review and Appeals Committee; and Appeal to the Vice President of Student Services.
Step 1: INVESTIGATION AND INTITAL DECISCION
Stage one of the disciplinary process begins with any college student, faculty, or staff member reporting or making a complaint of a student(s) of suspected violation of College Policy. Upon receipt of a complaint, the pre-adjudication investigation stage begins. During this stage the investigation may include interviewing witnesses and suspects of the before mentioned complaint. Most investigations are completed by the Department of Public Safety and/or other student services staff (i.e. residence life staff). The College shall determine appropriate disciplinary action(s) based on the type and severity of behavior or violation committed.
While a disciplinary decision is pending, the Associate Vice President of Student Services (or designee) may immediately impose interim action(s) in the event that a student’s continued presence in class, program, activity or event or on any College-owned, College-operated or College-utilized facility poses a significant danger to themselves or others, and/or there is reasonable cause to believe that such interim action is required to protect lives or property or to ensure the maintenance of order. In imposing interim action, the Associate Vice President of Student Services (or designee) will give consideration to potential consequences of the action imposed, such as the student’s inability to attend classes. The College may allow for alternative means for the student to fulfill academic and other obligations. A student may request a review of an interim action while it remains in effect by submitting a written request to the Vice President of Student Services. The Vice President of Student Services will review the request and determine if the interim action will be upheld, modified or terminated. The decision of the vice president will be final, and the interim action process will be separate and distinct from the investigation and discipline procedure.
After the investigation is completed a written report is forwarded to the Adjudicator (in most cases the Associate Vice President of Student Services or designee) and the disciplinary process is initiated. The role of the adjudicator is that of fact finding, rule interpretation, and choice of sanction for policy violation(s). The Adjudicator will review, in person, with the student the nature of the complaint and render sanctions in writing to the student. In addition to or in conjunction with probation, suspension, or expulsion the following list of sanctions may be imposed by the College as part of disciplinary action: mandatory training, hold on student records, academic or personal counseling, restitution and fines, required administrative meetings, medical certification/evaluation, execution of a behavioral agreement, modifications to the academic schedule, issuance of a no-contact other in relation to another individual, mandatory project or assignment, denial of privileges, emergency suspension, ban from College campus or activities and/or community service.
No suspension or expulsion shall be imposed upon a student without notification of their right to an appeal to the Student Review and Appeals Committee. In cases of expulsion, students will first be placed on suspension in order to have the opportunity to appeal. A written notice of any decision to suspend or expel a student will include the charges upon which the decision is based. This notice shall be given to the student to be suspended or expelled and to his or her parents or guardians (if student is dependent and under 18 years of age). Such notice shall be accompanied by a copy of this procedural regulation.
Step 2: RIGHT TO APPEAL TO THE STUDENT REVIEW AND APPEALS COMMITTEE
If a student wishes to appeal any disciplinary action or decisions to suspend or expel, he or she must do so in writing to the Vice President for Student Services within two days of receiving disciplinary sanctions. Upon receipt of the letter requesting the appeal, the Vice President for Student Services must notify the student of the time, date, and place that the student will be afforded an opportunity for a formal hearing, and such date shall not be later than seventy-two (72) hours after the Vice President for Student Services has received the student's appeal. For the purposes of time notification, weekends and school holidays are excluded. The Student Review and Appeals Committee is comprised of four faculty members and four Student Services staff members, chaired by the Vice President of Academics.
Step 3: APPEAL TO THE VICE PRESIDENT OF STUDENT SERVICES
Should the student desire to appeal the decision made by the Student Review and Appeals Committee, they may do so, in writing, directly to the Vice President of Student Services. The Vice President of Student Services will review all of the documentation that was presented during the appeal to the Student Review and Appeals Committee. The Vice President of Student Services has the ability to support the decision made by the Student Review and Appeals Committee or make a decision to overturn such decision made by the committee. Students will be notified of appeal results in writing. The Vice President of Student Services’ decision is final.
Academic integrity is the development of knowledge and/or skills without any form of cheating or plagiarism. All Butler students, faculty, staff, and administrators are responsible for upholding academic integrity.
Examples of cheating include, but are not limited to:
- Giving, receiving, or using unauthorized help on individual and group academic exercises such as papers, quizzes, tests, and presentations through any delivery system in any learning environment
- Impersonating another student
- Sharing content without authorization
- Fabricating data
- Altering academic documents including records, with or without the use of personal and college electronic devices
- Utilizing an AI-content generator (such as ChatGPT), language translators (such as Google translate), or computer algebra systems (such as Photomath) to complete coursework without proper attribution or authorization
Examples of plagiarism include but are not limited to:
- Representing or turning in someone else’s work without proper citation of the source
- Unacknowledged paraphrase, quotation, or complete use of someone else’s work in any form
- Citing work that is not used
- Taking credit for a group project without contributing to it
- Permitting another person and/or organization to write or contribute to any portion of an assignment, which includes hiring a person or a company to author essays and drafts and/or other assignments (research-based or otherwise)
- Utilizing ChatGPT and/or other artificial intelligence without proper attribution or authorization
- Submitting the same written assignment for more than one class without securing prior permission from instructors
- Failing to cite oneself as a source when using work submitted in other assignments at Butler Community College or other educational institutions, including high school.
Faculty members have discretion in handling student violations of the academic integrity policy, but faculty members must consult with their deans or administrators prior to removing a student from a course. Faculty members must inform students of violations and their consequences in writing. Students who violate the academic integrity policy will sustain academic consequences set by faculty members.
The consequences may include, but are not limited to, any of the following actions and may be imposed in any order or sequence:
1. A warning.
2. A zero or failing grade on the academic exercise with repetition of the exercise allowed for reduced or the same amount of original credit.
3. A zero or failing grade on the exercise with no repetition allowed.
4. A failing grade in the course and removal from it.
5. Students who violate the academic integrity policy are also subject to administrative consequences, which may include, but are not limited to:
a. Reduction or cancellation of a college scholarship.
b. Suspension from college activities.
c. Being barred from the course and/or program for a set time.
d. Being barred from the course and/or program permanently.
e. Suspension from the college for a set time.
f. Expulsion from the college.
Students will be informed of administrative consequences in writing. Students have the right to appeal any decision or disciplinary action as outlined in the Academic Appeal Process.
ACADEMIC APPEAL PROCESS
Butler’s Academic Appeal Process is a four-step model consisting of the following stages: Faculty/Student Resolution; Dean, Associate Dean or Site Director Appeal; Appeal to the Student Review and Appeals Committee; and Appeal to the Vice President of Academics.
The Butler Community College academic appeals process is to be used for violations of the academic integrity policy disagreements about grade assignments. If a student does not agree with a grade assignment, classroom procedures or related issues or disputes allegations of academic misconduct, the following procedures will be followed to ensure an appropriate resolution of the academic appeal:
Step 1: Faculty/Student Resolution
The student will attempt to resolve the issue with the faculty member by requesting a meeting and discussing the issue.
Step 2: Dean or Associate Dean or Site Director Appeal
If the issue cannot be resolved between the student and the faculty member, the student has the right to appeal to the appropriate academic dean or associate dean or site director. To initiate an appeal, provide a detailed written summary of the situation and any supporting documentation in writing to the appropriate academic dean, associate dean, or site director. The academic dean, associate dean, or site director will notify the student of his or her decision in writing. Grade appeals, the appeal must be submitted in writing within six weeks of the date the grade was officially posted by the Registrar’s Office.
Step 3: Student Review and Appeals Committee
If the student is not satisfied with the decision of the academic dean, associate dean, or site director, the student may appeal this decision within 10 days with the Student Review and Appeals Committee. The appeal must be made in writing to the Vice President of Student Services. The student should describe the initial concern; provide any supporting documentation; indicate the decision by the academic dean, associate dean, or site director; and explain why this decision is not satisfactory. The Student Review and Appeals Committee may request additional information from the instructor, academic dean, associate dean, site director, or others. Once all documents are received, the committee will review the information and notify the student of the committee’s decision in writing. In the case of suspension or expulsion, students will have the right to a formal hearing and procedural due process. Upon receipt of the letter requesting the appeal, the Vice President of Student Services must notify the student of the time, date, and place that the student will be afforded an opportunity for a formal hearing. The Student Review and Appeals Committee is comprised of four faculty members and four Student Services staff members, chaired by the Vice President of Student Services.
Step 4: Vice President of Academics
If the student is not satisfied with the decision of the Student Review and Appeals Committee, the student may appeal this decision within 10 days with the Vice President of Academics. The appeal must be made in writing. The student should describe the initial concern; provide any supporting documentation; indicate the decision by the academic dean, associate dean, or site director; indicate the decision by the Student Review and Appeals Committee; and explain why these decisions are not satisfactory. The Vice President of Academics may request additional information from the Student Review and Appeals Committee, instructor, academic dean, associate dean, site director, or others. Once all documents are received, the Vice President of Academics will review the information and notify the student of the decision in writing. The decision by the Vice President of Academics is final.
PROCEDURAL DUE PROCESS
When disciplinary action is administered for violations of College Policy, students have the right to appeal the disciplinary action, through the Student Disciplinary Process and in cases of proposed suspension or expulsion for Academic Appeals Process. Students who have been sanctioned for violating College Policies, the Student Code of Conduct or the Academic Integrity Policy are assured due process. The formal hearing described process described in the Student Disciplinary Process and the Academic Appeals Process, hereof shall afford procedural due process including but not limited to the following listed below. The student and the College administrator involved in this hearing may choose to be present during the entire presentation of evidence.
Rights of the Participants
- The right of the student and the College to have counsel of his/her own choice present and to receive the advice of such counsel or other person whom he/she may select.
- The right of the student and his/her counsel or advisor and the College to hear or read a full report of testimony.
- The right of the student and his/her counsel and the College to confront and cross-examine witnesses who appear in person at the hearing, either voluntarily or as a result of the issuance of a subpoena.
- The right of the student and the College to present their own witnesses in person or their testimony by affidavit.
- The right of the student and the College to testify in their behalf and give reasons for his/her conduct.
- The right of the student and the College to have an orderly hearing.
- The right of the student and the College to a fair and impartial decision based on substantial evidence.
For the purposes of this regulation "counsel" means any person a student or the College selects to represent and advise them at all proceedings conducted pursuant to the provisions of these regulations governing suspension and expulsion of students.
Powers and Duties of Person(s) Conducting the Hearings
Any person, hearing officer, or any member of a committee while conducting a hearing may:
- Administer oaths for the purpose of taking testimony.
- Call and examine witnesses and receive documentary and other evidence.
- Take any other action necessary to make the hearing in accord with procedural due process.
The Chairperson of the Student Review and Appeals Committee in holding an appeal hearing may, and upon the request of any student for whom such hearing is held or his or her parent or counsel, petition that the administrative judge of the judicial district court be authorized to issue subpoenas for the attendance and testimony of the principal witness or witnesses and production of books, records, reports, papers and documents relating to the proposed suspension or expulsion in the same manner as the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245. For the purpose of this paragraph, "principal witness" means any witness whose testimony is of major importance in support of the charges upon which the proposed suspension or expulsion is based or in determination of material questions of fact.
Reports of Hearing(s)
Upon the conclusion of any formal hearing, the Student Review and Appeals Committee shall make a decision and notify the student, in writing, of the decision. A copy of the decision will be kept with the Vice President for Student Services and shall be open to the inspection of the student who is suspended or expelled and, if the student has not attained eighteen (18) years of age, to his or her parents or guardians and counsel or other advisor. If the student has attained eighteen (18) years of age, such report shall be open to the inspection of his or her parents or guardians and counsel or other advisor only upon written consent of the student.
Whenever any such formal hearing results in suspension or expulsion, the Student Review and Appeals Committee conducting such hearing may make a recommendation to the Vice President of Student Services that returns the student to classes, pending any appeal or during the period allowed for notice of appeal, if such student is not reasonably anticipated to cause continued repeated material disorder, disruption, or interference with the operation of the college or substantial and material impingement upon or invasion of the rights of others. Whenever the committee fails to make a recommendation, the suspension shall continue until an appeal is determined or until the period of suspension or expulsion has expired, whichever is the sooner.
Under this regulation, whenever any written notice is required to be given to parents or guardians of any student, it shall be sufficient if the same is mailed to the residence of such parents or guardians at the address on file in the college records of such student. In lieu of mailing such written notice, the same may be personally delivered.
FORMAL COMPLAINT PROCESS
The Butler Community College nonacademic appeals process is to be used for issues other than disciplinary or academic matters, and provides you with protection against unwarranted infringement of your rights. A grievance may concern an alleged violation of college policies, infringement of your rights and other such problems dealing with other students, college staff and faculty and authorized college activities.
In any case where a grievance involves alleged illegal discrimination, including any claim that a student has been subject to illegal discrimination on the basis of race, sex, national origin, age, religion or disability, marital or parental status or status as a veteran, the Vice President of Student Services will notify the Section 504 Counselor or Title IX Coordinator in writing of the grievance. Claims of illegal discrimination will be investigated using the Notice of Nondiscrimination and/or the Harassment and Violence Policy.
The following procedures will be followed to ensure an appropriate resolution of a student grievance or complaint at the lowest possible level:
Step 1: The student will attempt to rectify the grievance with the supervisor of the area in which the alleged violation occurred within 10 business days. Every effort will be made to resolve the grievance at the lowest possible level.
Step 2: Where resolution is impossible or unsatisfactory to either party, the issue should be appealed in writing to the appropriate supervisor. The supervisor must inform the student in writing of any decision made and the reason for that decision within five business days.
Step 3: If the student feels the grievance has not been resolved, he/she may submit a written grievance to the Vice President for Student Services within 10 business days from the time the complaint was filed at the previous level and request a conference. The Vice President for Student Services must, within five business days following the conference, inform the student in writing of any decision made and the reasons for making that decision. The decision of the Vice President for Student Services is final.
Step 4: If the student feels the grievance has not been resolved, he/she may submit a written grievance to the Board of Trustees by email or mail at the addresses below. A committee will be appointed by the Board of Trustees to review the information and make a final decision. The Board of Trustees’ decision will determine if the college has a process for addressing the complaint, if the college process was followed and if the college resolution was reasonable.
These proceedings will occur in a professional manner and all efforts will be made to protect the rights of all parties involved.
If the student is not satisfied with the outcome of the complaint, after following the process explained above, a committee will be appointed by the Board of Trustees to review the information and render a final decision. Their decision will determine if the college has a process for addressing the complaint; if the college process was followed; and if the college resolution was reasonable.
To file a complaint, send a written complaint to:
Butler Community College - Board of Trustees
901 S. Haverhill Rd
El Dorado, KS 67042
The written complaint should include the following information:
1. Name, current mailing address, phone number of complainant
2. Email address
3. Dates of your enrollment
4. Details of your complaint
5. Expected outcome
The Board will reply to the student within 10 business days to let you know they have received your complaint and whether it requires any additional information. The Board will let you know their tentative plan for investigating and resolving the complaint, and will update you if it takes longer than originally planned. The Board will send a written response, usually within 45 days of receipt of the complaint, explaining the investigation and the resolution.
A record of all complaints and their resolution will be documented and the records will be kept in the Board Office, Clerk of the Board of Trustees, 901 S Haverhill Rd, El Dorado, KS 67042.
If the student feels the complaint has not been properly addressed, the student may follow the state complaint process by contacting the applicable state agencies:
- Consumer protection and/or fraud complaints may be filed with the Kansas Attorney General's office.
Kansas Attorney General’s Office of Consumer Protection:
Consumer Protection Hotline
Fax: (785) 291-3699
- Discrimination complaints may be filed with the Kansas Human Rights Commission, http://www.khrc.net/complaint.html.
- Complaints regarding State Authorization Reciprocity Agreement (SARA) courses delivered by SARA member community colleges may be filed by students enrolled in those courses with the Kansas Board of Regents office, http://www.kansasregents.org/academic_affairs/sara.
- Kansas Community Colleges are regionally accredited by the North Central Association of the Higher Learning Commission on Colleges and Universities (NCAHLC). Complaints regarding an institution's ongoing ability to meet the Criteria of Accreditation may be filed by following the guidelines at https://www.hlcommission.org/HLC-Institutions/complaints.html.