Legal Matters
Western New England College is required by various state and federal statutes to publish information about certain legislation that may affect some or all of our students. That information is presented below.
Absence Dictated by Religious Beliefs
Under Massachusetts General Laws, Chapter 151C, Section 2B, any student in an educational or vocational training institution, other than a religious or denominational educational or vocational training institution, who is unable, because of his religious beliefs, to attend classes or to participate in any examination, study, or work requirement on a particular day shall be excused from any such examination or study or work requirement, and shall be provided with an opportunity to make up such examination, study, or work requirement which may have been missed because of such absence on any particular day; provided, however, that such makeup examination or work shall not create an unreasonable burden upon such school. No fees of any kind shall be charged by the institution for making available to the said student such opportunity. No adverse or prejudicial effects shall result to any student because of his availing himself of the provisions of this section.
Confidentiality of Student Records
The Family Education Rights and Privacy Act of 1974 (revised 1988, 1993) assures students the right to inspect and review all College records, files, and data directly related to them with the exception of medical and psychiatric records, confidential recommendations submitted before January 1, 1975, records to which a student has waived the right of access, and financial records of the student's parents.
The Privacy Act also prohibits the distribution of grades to parents or guardians without prior written consent of the student, or a statement of dependency from the parent when the student is a dependent under the criteria of the Internal Revenue Code.
The Privacy Act requires the College to respect the privacy of education records, but provides the right to make public at its discretion, without prior authorization from the individual student, the following personally identifiable information:
• Name of student;
• Local and permanent addresses and telephone numbers; (including cellular telephone numbers);
• Email address;
• Class year;
• School or division of enrollment;
• Major field of study;
• Enrollment status (i.e. full-time or part-time);
• Date and place of birth;
• Dates of attendance at Western New England College;
• Nature and dates of degrees, honors, and awards received;
• Weight and height of student athletes;
• Participation in officially recognized sports and activities; and
• High school and any institution of higher learning previously attended.
A student may limit the release of the above information by filing an information waiver form with Student Administrative Services (SAS) office each year, within the first week of the start of each fall semester.
Firearms Possession
The General Laws of the Commonwealth of Massachusetts prohibit the unauthorized possession of any firearm on the campus of any college or university within the Commonwealth. Students should be aware that the Commonwealth of Massachusetts strictly enforces its firearm laws. In Massachusetts, conviction for the illegal possession of a firearm carries a mandatory one-year jail sentence.
Hazing
Under Massachusetts General Laws, Chapter 269, Sections 17, 18, and 19, any form of hazing is considered to be a criminal offense punishable by a fine and/or imprisonment. Furthermore, persons who witness or have knowledge of hazing incidents and fail to report them are also subject to similar penalties. Each Western New England College student organization, at the beginning of the academic year, and every student, at the time of registration, is provided with a copy of the Massachusetts General Laws concerning hazing. The officers of student clubs and organizations are required to sign a formal statement acknowledging receipt of such regulations and verifying their adherence to refrain from any practice of hazing, harassment, or activities which may serve to cause embarrassment to prospective members, initiates, or pledges. Any student organization found to be involved in such hazing or harassment of members or prospective members will have its recognition immediately withdrawn and be required to disband. Individual organizers and participants in hazing will be subject to strong disciplinary action including possible immediate dismissal from the College.
Immunization Requirements
The laws of the Commonwealth of Massachusetts require full-time students born on or after January 1, 1957, to present evidence of immunization against measles, mumps, rubella, diphtheria, tetanus, and Hepatitis B series as a condition of registration for classes. Such immunization may be evidenced through an appropriate letter of verification from a licensed physician, by completion of the Immunization History section of the Report of Medical History form required of all new students entering the College, or in the case of students who graduate from high schools in Massachusetts, through forwarding a copy of the immunization transcript provided by Massachusetts high schools to students at the time of their graduation.
While in some cases, lack of immunization may be temporarily accepted, subsequent registration requires that immunization be obtained within 10 days of the first day of classes. All students are urged, therefore, to satisfy immunization requirements as soon as possible, preferably prior to registration.
In any circumstance, no full-time student born in 1957 or after may continue to be enrolled beyond 10 days after the first day of classes without the required verification.
Furthermore, effective August 2005, recently enacted Massachusetts General Laws. Chapter 76, A7 15D and related regulations of the Massachusetts Department of Public Health (105 CMR 220.770) requires all new students at public and private residential schools that provide education to students in grades 9-12 and all new full- and part-time, undergraduate and graduate students in degree granting programs at postsecondary institutions that provide or license housing, to:
• Receive information about meningococcal disease and vaccine; and
• Provide documentation of receipt of one dose of meningococcal vaccine within the last five years, or qualify for one of the exemptions to immunization established by the statute.
Non-Discrimination Policy
Western New England College is committed to the principle of equal opportunity in education and employment. The College does not discriminate on the basis of sex, race, color, creed, national origin, age, religion, sexual orientation, gender identity, gender expression, veteran status, or disability in admission to, access to, treatment in, or employment in its programs and activities. The following person has been designated to handle inquiries regarding the College's nondiscrimination policies:
The Executive Director of Human Resources
and the
Career
CenterWestern New England College
1215 Wilbraham Road
Springfield, MA 01119
Inquiries concerning the application of nondiscrimination policies may also be referred to the
Regional Director
Office for Civil Rights
U.S. Department of Education
33 Arch Street, Ninth Floor
Boston, MA 02110
phone (617) 289-0111, fax (617) 289-0150.
Title III of the Americans with Disabilities Act, 42 U.S.C. 12182(a) provides that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. As a place of public accommodation the College adheres to the stipulations of this Act. Also please see Student Disability Services on p. 344. The Office of Student Disabilities Services is located in Deliso Hall.
Selective Service Registration
All male students who either have not served on active military duty or are not members of the Reserves and/or National Guard, or are not citizens of specific Federated States or Trust Territories, upon reaching their 18th birthday must register with Selective Service.
Furthermore, under Federal Regulations, Subpart C - Statement of Educational Purpose and Selective Service Registration Status, Sections 668.31, .32, and .33, appropriate registration with Selective Service is necessary before receiving any funds under Title IV, Higher Education Act Programs. Until the student has filed the appropriate Statement of Educational Purpose, he is ineligible to receive such funding, including Perkins Loans, Direct Ford Student Loans, Pell Grants, College Work-Study, and similar federal program monies.
An appropriate Statement of Educational Purpose/Registration Compliance form is included in the application for financial aid, available through the College Student Administrative Services. This compliance form must be completed before the student can receive federal program monies.
Sexual Harassment
It is the policy of the College to maintain a working and educational environment free from all forms of sexual harassment or intimidation. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are serious violations of College policy and will not be condoned or tolerated. Not only is sexual harassment a violation of College policy, but it may also violate Title VII of the Civil Rights Act. Any employee or student who is subjected to sexual harassment or intimidation should immediately contact the executive director of Human Resources and the CareerCenter, in the case of an employee, or the dean of students, in the case of a student. All complaints of sexual harassment will be investigated promptly and confidentially. Any employee or student who violates this policy will be subject to appropriate action up to and including dismissal from the College. The complete policy on sexual harassment is available in Human Resources.
Smoke-Free Environment
In accordance with the provisions of the Massachusetts Clean Indoor Air Act of 1998, all residence facilities are smoke-free environments. Smoking by students and/or their guest(s) is therefore limited to the exterior of the residential units. Care should be demonstrated when doing so, including the disposal of smoking materials.
Student Right-to-Know and Campus Security Act (Clery Act)
The College is in compliance with the federal Student Right-to-Know and Campus Security Act which requires colleges to disclose graduation rates for students and to make available certain statistics and campus security policies. According to the requirements, data in these areas were tabulated beginning July 1, 1991, and reported during the summer of 1992 and each summer thereafter. It is the College's policy to provide information concerning security services available on campus. The College also practices the policy of notifying the College community as soon as possible after the commission of any crime that might portend personal danger to either students or employees. Campus crime statistics are available from the College's Department of Public Safety. Also, Student Administrative Services makes available data on graduation rates, athletic participation rates, and financial support.
Pursuant to the Campus Sex Crimes Prevention Act, any member of the Western New England College community may obtain information provided by the Commonwealth of Massachusetts as to any registered sex offender who may be enrolled or working at the College by contacting the Department of Public Safety.
Universal Health Care
The Commonwealth of Massachusetts passed the Universal Health Care Act in 1988. Its provisions require that all full-time and three-quarter-time students be covered by health insurance that contains comprehensive, specified areas. Students must either enroll in the policy provided by the College or negotiate a hard waiver stipulating that the personal coverage already possessed contains all of the required coverage. No student can be admitted to class until one of the above options has been exercised.