List of Regulations, Policies, and Data:

• System and Campus-Wide Electronic Channels for Communicating with Students
• Student Conduct Code
• Policy on Sexual Harassment
• Sexual Assault Policy
• Grievance Procedures
• The Family Educational Rights and Privacy Act
• University Policy on Nondiscrimination and Affirmative Action
• Notice to Students with Disabilities
• Residency Regulations for Tuition Purposes
• Return of Title IV Funds Policy
• Higher Education Tax Credits
• Average Graduation and Persistence Rates

System and Campus-Wide Electronic Channels for Communicating with Students

1. The University of Hawai`i shall provide students, throughout the system, cost-efficient electronic dissemination of information that is timely, accurate, and appropriate. The information shall be consistent with the University’s educational mission of teaching/learning, research and service; the laws, standards and regulations of the University’s use and management of information technology resources; and with related federal and state regulations, including those governing the individual privacy of students.
2. Overall responsibility for implementation shall reside with the President or his/her designee.
3. The University shall exercise appropriate control over dissemination of mass electronic communications to ensure appropriate and efficient usage consistent with its mission and policies.
4. The President or his/her designee shall establish the necessary procedures to implement the program.
5. The UH Username, i.e., username@hawaii.edu, shall be the official email address for email communications with students.
6. The University shall be responsible for ensuring that information provided through mass electronic communication channels is accessible.
7. Contact information for the disability services offices shall be readily available to all students so that students with disabilities may request accommodations, including receiving the information in an alternate format.
8. Students shall be responsible for protecting their own privacy.
9. Students shall be responsible for staying current with University communications through regular access to the University’s electronic communication channels.
10. Sensitive and confidential information shall be accurate and consistent with appropriate rules and laws governing the individual privacy of students and other individuals. Confidentiality regarding student records is protected under the Family Educational Rights and Privacy Act of 1974 (FERPA). All use of email shall be consistent with FERPA (codified in 20 U.S.C., section 1231g) as amended; Hawaii Revised Statutes, Chapter 708-891, 892, and 893; Hawai`i Administrative Rules, Protection of Educational Rights and Privacy of Students; and UH Administrative Procedure A7.022.
11. At their discretion, campuses may use email as an official means of communication within the University, including notifications such as legal action, financial notice and academic action.

Student Conduct Code

Conduct expected of students at Kapi`olani Community College is defined in the University of Hawai`i Board of Regents’ Statement on Rights and Responsibilities of the University of Hawai`i Community Student Conduct Code. Kapi`olani Community College has a Code of Student Conduct that defines expected conduct for students and specifies those acts subject to University sanctions.

Student Conduct Committee: Students should become familiar with the Code of Student Conduct. As UH/Kapi`olani Community College students, their conduct is subject to the policies and regulations of the University and its duly constituted bodies. Disciplinary authority is exercised through the Student Conduct Committee. The committee follows procedures for hearing allegations of misconduct. Copies of the Student Conduct Code are available at the Office of the Dean of Student Services, `Ilima 205.

Academic Dishonesty, Cheating, and Plagiarism: Academic dishonesty cannot be condoned by the University. Dishonesty includes cheating and plagiarism; it is a violation of the Student Conduct Code and may result in expulsion from the University.

Cheating includes but is not limited to giving unauthorized help during an examination, obtaining unauthorized information about an examination before it is administered, using inappropriate sources of information during an examination, altering the record of any grades, altering answers after an examination has been submitted, falsifying any official UH record, and misrepresenting the facts in order to obtain exemptions from course requirements.

Plagiarism includes but is not limited to submitting any document, to satisfy an academic requirement, that has been copied in whole or part from another individual’s work without identifying that individual; neglecting to identify as a quotation a documented idea that has not been assimilated into the student’s language and style, or paraphrasing a passage so closely that the reader is misled as to the source; submitting the same written or oral material in more than one course without obtaining authorization from the instructors involved; or dry-labbing, which includes (a) obtaining and using experimental data from other students without the express consent of the instructor, (b) utilizing experimental data and laboratory write-ups from other sections of the course or from previous terms during which the course was conducted, and (c) fabricating data to fit the expected results.

Disruptive Behavior: Kapi`olani Community College defines disruptive behavior as speech or action that (a) is disrespectful, offensive, and/or threatening; (b) interferes with the learning activities of other students; (c) impedes the delivery of college services; and/or (d) has a negative impact in any learning environment—including department and staff offices, the library, the Computing Center, the Learning Assistance Centers, labs, clinical sites, service-learning sites, etc. Disruptive behavior includes physically or verbally harassing, threatening, or abusing or acting abusively toward an instructor, staff member, or student in any activity authorized by the College.

Disciplinary actions that the College may impose include a formal warning, probation, suspension, and dismissal. An instructor referring a student for disciplinary action does so under the provisions of the Student Conduct Code. The code stipulates that the Chancellor may impose disciplinary sanctions upon a student only after a Student Conduct Committee hearing has taken place. However, disruptive students may be subject to immediate disciplinary action in an emergency situation. In such cases, the Chancellor may impose the sanction of suspension prior to a hearing. For further information, please refer to the Student Conduct Code available at the Office of the Dean of Student Services, `Ilima 205.

Lethal Weapons: Firearms, spear guns, and bows and arrows are prohibited on campus except with specific prior permission of the Chancellor.

Smoking: In accordance with the state’s No Smoking Act, Act 108, SLH 1976 and Act 245, SLH 1987, and University Policy, smoking is prohibited in all of the classrooms, laboratories, conference rooms, and other covered structures of the College.

Illicit Drugs and Alcohol: This official notice, by the University of Hawai`i Office of the President, is issued pursuant to the requirements of the federal Drug-Free Schools and Communities Act of 1989 and the Drug-Free Workplace Act of 1988.

In conformance with the existing law, University faculty, staff, and students are not permitted to manufacture, distribute, possess, use, dispense, or be under the influence of illegal drugs and/or alcohol as prohibited by state and federal law, at University-sponsored or approved events or on University property or in buildings used by the University for education, research, or recreational programs. Consistent with its mission, the University will cooperate with law enforcement agencies responsible for enforcing laws related to the use of illegal drugs and alcohol. Students found in violation of these laws shall be subject to the provisions of the Student Conduct Code. Faculty and staff found in violation of these laws are subject to disciplinary action as provided in collective bargaining agreements, University policy, and other applicable state laws and rules.

The University recognizes that substance abuse is a complex problem that is not easily resolved solely by personal effort and may require professional assistance and/or treatment. Students, faculty, and staff members with substance abuse problems are encouraged to take advantage of available diagnostic, referral, counseling, and prevention services. The University will not excuse misconduct by employees and students whose judgment is impaired due to substance abuse. The purchase, possession, or consumption of alcoholic beverages is regulated by state law. Students are expected to know and abide by these laws and University rules and regulations governing the use and consumption of alcoholic beverages on campus. For further information, students are referred to Board of Regents policy, executive policies, and campus guidelines regulating the use and consumption of alcoholic beverages on campus.

Students are not permitted to be under the influence of, possess, manufacture, distribute, or sell illicit drugs, as prohibited by state law, at University-sponsored events, on University property, or in buildings used by the University for its educational or recreational programs. Reasonable suspicion of possession or use of illegal drugs and substances on campus may subject the students involved to investigation.

Sanctions that may be imposed on violators of the alcohol and drug related sections of the Student Conduct Code include disciplinary warning, probation, suspension, expulsion, or rescission of grades or degree. Copies of the full text of the code and the Hawai`i Penal Code are available in the Office of the Dean of Student Services, `Ilima 205.

College-sponsored activities on campus that involve either the serving or selling of alcoholic beverages must be in compliance with applicable College/University policies and state law.

Copies of policies governing the possession, consumption, serving, and sale of alcoholic beverages on the University of Hawai`i Kapi`olani Community College campus are available in the Office of the Dean of Student Services, `Ilima 205.

Policy on Sexual Harassment

It is the policy of the College to provide a safe and comfortable learning and working environment for students and employees. Sexual harassment is a form of discrimination that can undermine the foundation of trust and mutual respect that must prevail if the University is to fulfill its educational mission. Sexual harassment will not be tolerated in any part of the University’s programs and activities. Sanctions will be imposed on members of the University community who violate this policy. Disciplinary actions against employees will be subject to the collective bargaining agreements. For more information, please contact the Office of the Dean of Student Services or the Personnel Officer.

Sexual Assault Policy

In conjunction with the University of Hawai`i Community Colleges’ commitment to ensuring a safe and secure environment of learning for all students and staff, Kapi`olani Community College recognizes the serious issues concerning sexual assault on the members of the campus community.

The College will not tolerate acts of sexual assault and has established a policy that specifies those acts subject to University sanctions. In addition, the College offers information on programs designed to inform students and employees about the prevention of crime and sex offenses.

As required by the Higher Education Amendments of 1992, the College has a Sexual Assault Policy that explains the College’s Sexual Assault Prevention Program presented to promote awareness of rape, acquaintance rape, and other sex offenses and the procedures for reporting offenses. A copy of the Sexual Assault Policy can be obtained at the Office of the Dean of Student Services. The procedure for the Sexual Assault Prevention Program can be obtained from the Office of the Dean of Student Services. For more information, please contact the Office of the Dean of Student Services `Ilima 205 (734.9522).

Grievance Procedures

The process of addressing allegations of misconduct or acts of discrimination is described in the Academic Grievance Procedures and in CCCM No. 2210 UH Community College Procedure and Guidelines Relating to Complaints of Discrimination. Copies are available at the Student Services Office, `Ilima 205.

Concerned students may first attempt to resolve the grievance on an informal level with the faculty member. Should the grievance not be resolved at this level, they then ask the appropriate department chair to review the case. If a satisfactory solution is not reached, appeal to the Dean of the academic program may be made. If satisfactory solution is still not reached, students have the right to request a hearing before the Academic Grievance Committee, a body of faculty and students. The decisions of the Academic Grievance Committee are final within the University.

Students may also file complaints of discrimination with the Seattle Office, Office of Civil Rights, U.S. Dept. of Education, 915 Second Avenue, Room 3310, Seattle, WA 98174-1099. Telephone: (206) 220.7900; fax: (206) 220.7887, email: ocr.seattle@ed.gov

The Family Educational Rights and Privacy Act

Pursuant to Section 99.6 of the rules and regulations governing the Family Educational Rights and Privacy Act of 1974 (hereinafter the Act), students in attendance at the University of Hawai`i Kapi`olani Community College are hereby notified of the following: It is the policy of Kapi`olani Community College to subscribe to the requirements of Section 438 of the General Education Provision Act, Title IV, of Public Law 90-247, as amended, and to the rules and regulations governing the Act, which protect the privacy rights of students. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.

Students should submit to the registrar, dean, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify them of the time and place for the inspection. If the records are not maintained by the University official to whom the request was submitted, that official shall direct students to the appropriate party.

2. The right to request an amendment to education records that a student believes are inaccurate or misleading.

Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested, it will notify students of the decision and advise them of their right to a hearing. At that time, additional information regarding the hearing procedures will be provided to the students.

3. The right to consent to disclosures of personally identifiable information contained in education records, except to the extent that FERPA authorizes disclosure without consent.

An exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting other school officials in performing their tasks. School officials have a legitimate educational interest if they need to review a record to fulfill a professional responsibility.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605

Directory Information: Certain personally identifiable information is considered by the University to be directory information and, in response to public inquiry, may be disclosed without prior consent—unless students inform the University that they do not want the information disclosed.

1. Name of student
2. Local address, ZIP code, and email address maintained in the campus locator printout
3. Local telephone number maintained in the campus locator printout
4. Major field of study
5. Educational level
6. Facts of participation in officially recognized activities and sports
7. Weight and height of members of athletic teams
8. Dates of attendance
9. Most recent educational institution attended
10. Degrees and awards received
11. Email address
12. Enrollment status (full time and part time)

Students have the right to request that all of the above items not be designated Directory Information. Should they wish to exercise this right, they must, in person and in writing, not earlier than the first day of instruction no later than 14 calendar days from the first day of instruction for the academic term or semester, or the fourth day of a Summer Session, make this request for nondisclosure. Requests should be submitted to KISC in `Ilima 102 and are in effect at all University of Hawai`i campuses until rescinded in writing by the student. (Note: Even if nondisclosure is requested, student names will appear on the MyUH online class roster and WebCT; other students enrolled in the class will be able to view these rosters.)

A parent or spouse of a student is advised that information contained in educational records, except as may be determined to be directory information, will not be disclosed to him/her without the prior written consent of the son, daughter, or spouse.

Institutional policy and procedures required under FERPA have been published as Administrative Procedure A7.022 Procedures Relating to Protection of the Education Rights and Privacy of Students. Copies of Administrative Procedure A7.022 may be obtained from the Office of Dean of Students, `Ilima 205, Kapi`olani Community College.

University Policy on Nondiscrimination and Affirmative Action

The University of Hawai`i is an equal opportunity/affirmative action institution and is committed to a policy of nondiscrimination on the basis of race, sex, age, religion, color, national origin, ancestry, disability, marital status, arrest and court record, sexual orientation, or status as a covered veteran. This policy covers academic considerations such as admission and access to, and participation and treatment in, the University’s programs, activities, and services. With regard to employment, the University is committed to equal opportunity in all personnel actions such as recruitment, hiring, promotion, and compensation. Sexual harassment is expressly prohibited under University policy.

The University strives to promote full realization of equal opportunity through a positive, continuing affirmative action program in compliance with federal Executive Order 11246. The program includes measuring performance against specific annual hiring goals, monitoring progress, and reporting on good faith efforts and results in annual affirmative action plan reports. As a government contractor, the University is committed to an affirmative policy of hiring and advancing in employment qualified persons with disabilities and covered veterans. For information on policies or complaint procedures for the Kapi`olani Community College campus, contact:

Students:
Mona Lee
Dean of Student Services
`Ilima Building Room 205

Students with Disabilities:
Mary Joan Haverly
Counselor
`Ilima Building, Room 103

Employees (& Affirmative Action Plan):
Eileen Torigoe
Personnel Officer
`Ilima Building, Room 208

Kapi`olani Community College recognizes its obligation to provide equal access to programs, services, and activities to students with disabilities. Please call 808.734.9552 for accessibility information and services.

Notice to Students with Disabilities

In compliance with requirements relating to nondiscrimination on the basis of a disability (Section 504, Rehabilitation Act of 1973, rules effective June 3, 1977, and the Americans with Disabilities Act, 1990) Kapi`olani Community College prohibits discrimination on the basis of a disability and assures qualified students with disabilities access to all programs of the College.

Copies of Kap`olani Community College’s procedures for resolution of discriminatory complaints may be obtained from the Office of the Dean of Student Services. Support services and auxiliary aids are offered through the Special Student Services Office. Students desiring special services are advised to contact this office as early as possible so that services may be arranged on a timely basis. For further information, please contact Mary Joan Haverly, Counselor, `Ilima 103, Kapi`olani Community College, 4303 Diamond Head Road, Honolulu, Hawai`i 96816. Phone: 808.734.9552 (V/T) Services to Students with Disabilities: In accordance with Section 84.4 of the federal rules and regulations governing Section 504 of the Rehabilitation Act of 1973, no qualified individuals with a disability shall, on the basis of their disability, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.

Students with documented disabilities are provided appropriate classroom accommodations and other academic support services as needed.

Residency Regulations for Tuition Purposes (condensed)

Students who do not qualify as bona fide residents of the State of Hawai`i, according to the University of Hawai`i rules and regulations in effect at the time they register, must pay the nonresident tuition. An official determination of residency status will be made prior to enrollment. Applicants may be required to verify residency status. Once classified as a nonresident, a student continues to be so classified during his/her term at the college until he/she can present satisfactory evidence to the residency officer that proves otherwise.

Some of the more pertinent University residency regulations follow. For additional information or interpretation, contact the residency officer in KISC. The complete rules and regulations are available at KISC in `Ilima 102.

Definition and Determination of Hawai`i Residency: A student is deemed a resident of the State of Hawai`i for tuition purposes if the student (19* or older) or the student (under 19*) and his/her parents or legal guardian have:

• Demonstrated intent to permanently reside in Hawai`i (see below for indicia);
• Been physically present in Hawai`i for 12 consecutive months prior to the first day of instruction, and subsequent to the demonstration of intent to make Hawai`i their legal residency; and
• The student, whether adult or minor, has not been claimed as a dependent for tax purposes for at least 12 consecutive months prior to the first day of instruction by his/her parents or legal guardians who are not legal residents of Hawai`i.

The determination of residence requires a finding of objective fact, or physical presence, as well as subjective fact, which is the intent to establish domicile in Hawai`i while giving up any prior domicile.

The following actions are the most important. No single action is conclusive. The University will consider all actions to determine your residency status.

• Filing a Hawai`i resident personal income tax form
• Registering to vote and voting in Hawai`i
• Proof of employment (other than student employment) in Hawai`i
• Ownership or continuous lease of a residence in Hawai`i

Any other actions that could prove domicile in Hawai`i are also considered.

Other legal factors involved in making a residency determination include:

1. The 12 months of continuous residence in Hawai`i shall begin on the date upon which the first overt action (see indicia) is taken to make Hawai`i the permanent residence. Residence will be lost if it is interrupted during the 12 months immediately preceding the first day of instruction.
1. Absent any clear and convincing evidence to the contrary, a nonresident student may not satisfy the 12-month durational requirement during any period in which the nonresident student:
1. was enrolled for a total of 6 or more credits at all institutions of higher learning in Hawai`i;
2. was absent from the state for more than thirty days per year during school vacation periods;
3. received student financial assistance based on residency in another state; or
4. was a dependent of nonresident parent(s) or legal guardian.
2. Residency in Hawai`i and residency in another place cannot be held simultaneously.
3. Presence in Hawai`i primarily to attend an institution of higher learning does not create resident status.
4. The residency of unmarried students who are minors follows that of the parents or of the legal guardian. Marriage emancipates a minor.
5. The residency of a married person may follow that of the spouse. (This rule which allows a student to claim Hawai`i residency on the basis of a spouse, changes effective fall 2007, when students must then qualify for Hawai`i residency on their own.)
6. Resident status, once acquired, will be lost by future voluntary action of the resident inconsistent with such status. However, Hawai`i residency will not be lost solely because of absence from the state while a member of the United States Armed Forces, while engaged in navigation, or while a student at any institution of learning.

(*The age of majority is 18 years. However, a person between the ages of 18 and 19, unless emancipated, cannot claim residency solely on the basis of himself/herself because he/she does not have the minimum 12 months residency, which commences on his/her 18th birthday. Therefore, the applicant must claim a portion of the required 12 months on the basis of his/her parent or legal guardian.)

Statutory Exemptions: Nonresidents may be allowed to pay resident tuition if they qualify as one of the following:

1. United States military personnel and their authorized dependents (as defined by the Armed Services) during the period such personnel are stationed in Hawai`i on active duty.
2. Full-time employees of the University of Hawai`i and their spouses and legal dependents (as defined under Internal Revenue Service rules).
3. East-West Center student grantees pursuing baccalaureate or advanced degrees at the University of Hawai`i.
4. Native Hawaiians, descendents of the aboriginal peoples that inhabited the Hawaiian Islands and exercised sovereignty in the Hawaiian Islands in 1778.
5. Persons who are legal residents of any Pacific island or Asian district, commonwealth, territory, or insular jurisdiction, state, or nation which does not provide public institutions of higher learning. These currently include the following: American Samoa, Commonwealth of the Northern Marianas, Cook Islands, Federated States of Micronesia, Futuna, Kiribati, Nauru, New Caledonia, Niue, Republic of Belau, Republic of the Marshall Islands, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu, Wallis. (Effective fall 2007, eligible Pacific Island citizens will pay 150% of the resident tuition, rather than the resident tuition.)
6. Members of the Hawai`i National Guard and Hawai`i-based reservists.

Appeal Process: Residency decisions may be appealed by contacting the residency officer (in KISC) for information on how to initiate an appeal. Deadline to file appeals is 30 days after the first day of the semester.

Return of Title IV Funds Policy

Federal financial aid regulations require schools to utilize the Return of Title IV Funds policy when a Title IV funds recipient completely withdraws from school. A Title IV recipient is defined as a student who has received federal aid (excluding Federal Work Study funds).

The regulation makes clear that Title IV funds are awarded to students with the assumption that they will attend school for the entire enrollment/payment period. If a student receiving the above-mentioned assistance completely withdraws from school or ceases to attend classes up through the 60% point of the semester (as calculated by calendar days), the Financial Aid Section is required to calculate the amount of funds the student earned prior to his/her withdrawal and calculate the amount that was unearned and must, therefore, be returned to reimburse the appropriate Title IV programs. After the 60% point, the student is deemed to have earned 100% of the Title IV funds.

The withdrawal date is used to determine the point in time that the student withdrew or ceased to attend so that the percentage of the enrollment/payment period completed can be determined. A student’s withdrawal date will vary depending on the type of withdrawal. If a student officially withdraws, the date the institution would use would be the day the student started the withdrawal process or notifies the school of the intent to withdraw, whichever is earlier. However, the school may choose to use an earlier last date of attendance at an academically related activity as the student’s withdrawal date. If a student unofficially withdraws (does not notify the institution that he/she has withdrawn), the date that the student withdrew would be the date the institution became aware that the student ceased to attend classes.

In cases in which funds must be returned, the school will charge the student’s account to repay the respective Title IV programs. As a result, any tuition refunds due to the student will first be returned to reimburse the Title IV programs. Students who utilized a tuition waiver will be billed for the amount that the school must return to the Title IV programs. In addition, the student may be required to directly repay a portion of the Title IV funds that were received. In such cases, the Financial Aid Section will send the student a repayment promissory note which details the amount that must be repaid, the federal aid program that must be repaid, and the date on which the repayment is due. Any repayment outstanding or unpaid will be referred to the U.S. Department of Education for collection and legal disposition. Furthermore, a financial obligation will be placed on the student’s account, which will prohibit the student from registering in future semesters, receiving academic transcripts, or receiving any additional federal aid funds.

Higher Education Tax Credits

The Lifetime Learning and Hope Scholarship tax credits are a part of the Taxpayer Relief Act of 1997, which allows eligible taxpayers to claim a tax credit against their federal income tax for qualified educational expenses.

The Hope Scholarship Tax Credit provides for a credit of up to $1,500 for each eligible student’s qualified educational expenses paid in a given tax year. This credit may be claimed for only the first two years of postsecondary education.

The Lifetime Learning Tax Credit is for students not eligible for the Hope Credit. This credit provides for a tax credit of up to $2,000 per return. This credit may be claimed for as many years as qualified education expenses are paid.

For more information, please visit these websites:
IRS Publication 970: www.irs.gov/pub/irs-pdf/p970.pdf
University of Hawai`i: http://www.hawaii.edu/109

Average Graduation and Persistence Rates - click here