NCF REGULATIONS AND POLICIES: REGULATIONS MANUAL

Transcription

NCF REGULATIONS AND POLICIES:
REGULATIONS MANUAL
New College of Florida is in the process of adopting regulations in accordance with the
Regulation Development Process adopted by the Florida Board of Governors. All of the
Regulations will be incorporated into the New College of Florida Regulations Manual.
The following sections of the Regulations Manual for New College of Florida have been
adopted by the New College of Florida Board of Trustees: Chapters 1, 2, 3, and portions
of Chapter 4, 5, 6, and 7. These regulations supersede and replace certain rules and
policies as set out in the Appendix to the Regulations Manual. The Board of Trustees
will continue to adopt regulations replacing the former rules and policies. Notice of
additional Regulation Development will be published on the New College of Florida web
site.
A complete set of the policies and procedures adopted previously by the New College of
Florida Trustees is found in the New College of Florida Policy Manual, approved by the
Trustees in 2003. Until these policies are superseded by replacement regulations, they
are in effect.
NEW COLLEGE OF FLORIDA
REGULATIONS MANUAL
Table of Contents
(As of March 24, 2005, all 6C-11 rules were adopted as regulations. Any remaining policies which are in effect are
noted in the bracket next to the specific regulation)
CHAPTER 1—General Provisions and Executive Affairs
1-1001 Mission Statement and Goals
1-1002 Definitions
1-1003 Regulation Development Process
1-1004 Emergency Regulation Adoption Process
1-1005 Regulation Challenge Process
1-1006 Authority to Sign Contracts
1-1007 Public Meetings
1-1008 Public Records
1-1009 Student Records
1-1010 Records Retention and Destruction
1-1011 NCF Publications
1-1012 Independent Student Publications
1-1013 Use of College Name and Symbols
1-1014 Naming of Buildings or Facilities
1-1015 Inventions and Works
1-1016 ADA
CHAPTER 2—The Board of Trustees
2-1001 General Provisions
2-1002 Membership
2-1003 Meetings
2-1004 Powers and Duties of the Board
2-1005 Officers of the BOT
2-1006 Committees
2-1007 Delegation of Certain Responsibilities
2-1008 Indemnity
2-1009 Adoption and Amendment of By-laws
2-1010 Miscellaneous
2-1011 Ethics and Conflict of Interest
2-2000 The President
2-2001 General Provisions—President
2-2002 Powers and Duties of the President
CHAPTER 3—Administrative Affairs
3-1000 Business Operations
3-1001 Write off of Unaccounted for Property Inventory
3-1002 Tuition and Fees Schedule
3-1003 Waiver of Tuition and Fees
3-1004 Assessment of Tuition and Fees RESERVED
3-1005 Payment of Tuition and Fees RESERVED
3-1006 Payment of Tuition and Fees in Installments RESERVED
3-1007 Deferred Payment of Tuition and Fees RESERVED
NCF Regulations Manual, Table of Contents
Updated 11-4-11
3-1008 Refund of Tuition and Fee Payment RESERVED
3-1009 Cellular Telephone Acquisition and Use
3-1010 Purchasing
3-1011 Central Receiving
3-1012 Mail
3-1013 Bulk Mail and Business Reply Mail Permits
3-1014 Identity Theft
3-2000 Finance
3-2001 Investments
3-2002 College Property and Disposal of Surplus Property
3-2003 Signature Authorization
3-2004 Control of NCF Revenues
3-2005 Accounts Receivable
3-2006 Central Billing
3-2007 Debt Management
3-2008 Electronic Funds Transfer
3-3000 Environmental Health, Safety, and Risk Management
3-3001 College Environmental Health and Safety
3-3002 Operation Alert
3-3003 Accident/Injury and Loss Control Prevention
3-3004 Environmental Regulatory Compliance Procedures
3-3005 OSHA Hazard Communication Standard and Chemical Hygiene Standard
3-3006 Canines on Campus
3-3007 Operation of Boats
3-3008 Vehicles, College (State)
3-3009 Fire and Security Monitoring System
3-3010 College Fireworks Policy
3-3011 Cart/Utility Vehicle Operation
3-3012 Risk Management and Insurance Programs
3-4000 Human Resources and Personnel
3-4001 Employment Classification
3-4002 Conflict of Interest
3-4003 Employee Security Checks and Screenings
3-4004 Employment of Relatives
3-4005 Seeking or Holding Elective Public Office
3-4006 Outside Activity
3-4007 Misconduct
3-4008 Employee Selection and Appointment
3-4009 Grievances
3-4010 Discipline
3-4011 Non-Reappointment
3-4012 Employee Recognition Program
3-4013 University Support Personnel Staff (USPS) Personnel Files
3-4014 Disciplinary Action
3-4015 Limited-Access Personnel Records
3-4016 [6-019] Appointment, Employment and Removal of University Police
3-4017 [0-006] Reprisals
3-4018 Discrimination/Harassment
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3-4019 [0-600] Observance of Religious Holidays by College Employees
3-4020 [0-601] Smoking in Buildings
3-4021 [0-603, 0-604] Drug- and Alcohol-Free Workplace
3-4022 Equal Education Opportunity
3-4023 Payroll
3-4024 NCF Set-Off Procedures
3-4025 Off-Cycle/Accounts Payable (AP)-Payroll
3-4026 Education Assistance Program
3-4027 Sexual Battery
3-5000 Facilities
3-5001 Use of College Space
3-5100 Planning and Construction
3-5101 [3-003] Campus Master Plan
3-5102 [3-004] College Land Use Planning and Utilization Policy
3-5103 [3-005] Campus Signage
3-5300 Operations and Maintenance
3-5301 Building Maintenance
3-5302 [3-002] Equipment Construction and Installation
3-6000 Safety and Security
3-6001 Parking
3-6002 Opening of Rooms and Other Facilities
3-6003 [6-002] Bomb Threat Policy
3-6004 [6-005] Transportation of Medical Emergencies
3-6005 Possession of Firearms and Weapons on NCF Property
3-6006 Bicycles
3-6007 Campus Access and Trespass Warnings
3-6100 Campus Police
3-6101 NCF Police Department
CHAPTER 4—Academic Affairs
4-1000 Registrar
4-1001 Student Registration
4-1002 [5-012, 5-013] NCF Identification Card
4-1003 [10-007] Academic Records from Other Institutions
4-2000 Academic Divisions
4-2003 Textbook Adoption
4-2004 [10-008] Observance of Religious Holy Days by Students
4-4000 Career Services & Off-Campus Study
4-4001 [10-006] Student Exchange Programs
4-5000 Information Technology
4-5001 Use and Protection of Information Technology Resources
4-5002 Information Technology Acceptable Use
4-5003 Information and Communications Security Program
Updated 11-4-11
4-5004 Technology Acquisition
4-5005 Copyright Infringement
4-5006 After Hours Support
4-5007 VPN Policy
4-5008 Hardware
4-5009 Software
4-5010 Password
4-6000 Research
4-6001 Institutes and Centers
4-6002 [0-301] Misconduct in Research
4-6100 Institutional Research
4-6300 Research Programs and Services
4-6301 Research and Research Grants
4-6302 Administration of Subcontracts and Subagreements
4-6303 [0-303] Sponsored Research, Exemptions from General Accounting and Purchasing
Procedures
4-6304 Fiscal Misconduct in Sponsored Research
4-6305 Use of Human Subjects in Research
4-6306 Use of Animal Subjects in Research
4-6307 Compensation from Sponsored Research Activities
4-6308 Responsible Conduct of Research (RCR) Training Policy
4-6309 Conflicts of Interest in Sponsored Research
4-7000 Resources
4-7100 [12-001] College Library
CHAPTER 5—Admissions and Financial Aid
5-1001
5-1002
5-1003
5-1004
5-1005
Mission Statement and Goals
Definitions
Regulation Purpose
Admissions
Financial Aid
CHAPTER 6— Student Affairs
6-1000 Counseling and Wellness/Fitness
6-2000 Student Activities
6-3000 Residence Life
6-3002 Residency Requirement
CHAPTER 7— Miscellaneous Provisions
7-1001 Alcohol and Other Drugs
Student Code of Conduct
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REGULATIONS MANUAL
1-1001 Mission Statement and Goals.
New College of Florida, with a campus in Sarasota County, Florida, serves a distinctive mission as the
four-year residential liberal arts honors college of the State of Florida. To maintain this mission, NCF has
the following goals:
(1) To provide a quality education to students of high ability who, because of their ability, deserve a
program of study that is both demanding and stimulating.
(2) To engage in undergraduate educational reform by combining educational innovation with
educational excellence.
(3) To provide programs of study that allow students to design their educational experience as much
as possible in accordance with their individual interests, values, and abilities.
(4) To challenge undergraduates not only to master existing bodies of knowledge but also to extend
the frontiers of knowledge through original research.
Originally adopted 9-29-01 as By-Law of the New College of Florida Board of Trustees; amended 11-301, 8-24-02, 2-5-05; adopted without revision as Regulation 11-5-05. Renumbered 6-29-10 with approval
of new table of contents.
NCF Regulations Manual, Chapter 1 – General Provisions and Executive Affairs
Updated 11-4-11
REGULATIONS MANUAL
1-1002 Definitions.
The following words, phrases and abbreviations shall have the indicated meanings throughout the New
College of Florida Regulations Manual.
(1) “BOT” means the New College of Florida Board of Trustees.
(2) “BOG” means the Florida Board of Governors.
(3) “NCF” means New College of Florida.
(4) “NCF employees” are those persons who have been hired by NCF and receive compensation to
perform services for NCF and whose work is directed and controlled by NCF. This includes the
following classes of employee: General Faculty, Executive Service employees, Administrative and
Professional employees, University Support Personnel System employees. The term does not include
volunteers or independent contractors.
(5) “Regulations” are policies or procedures adopted by the BOT in accordance with procedures
established by the BOG. Amendment, revision or repeal of a regulation shall constitute a regulation.
(6) “Select regulations” are regulations that pertain to student tuition and fees, admissions, and
articulation. Select regulations require review of the BOG before becoming effective.
(7) A “substantially affected person” is any natural person with an interest in an NCF regulation that
is within the zone of interest protected or regulated who suffers a real and sufficiently immediate
injury in fact as a result of the application of a regulation. A substantially affected person shall also
mean any association with a majority of natural persons as members satisfying the first sentence of
the subsection, as long as the subject matter of the regulation is within the association’s general scope
of interest and activity and the relief requested is of the type appropriate for a trade association to
receive on behalf of its members.
New 11-5-05. Renumbered 6-29-10 with approval of new table of contents. Revised 9-11-10.
Updated 11-4-11
REGULATIONS MANUAL
1-1003 Regulation Development Process. Regulations, other than emergency regulations, shall be
adopted as follows.
(1) Notice. Prior to the adoption, amendment or repeal of any regulation, except an emergency
regulation, the BOT shall give notice of its intended action. This notice shall be given at least 30 days
prior to any proposed BOT adoption or repeal of a regulation. Notice of a proposed regulation,
amendment or repeal shall be placed on a clearly marked area on the NCF internet website, and shall
include the following:
(a) Summary of the proposed regulation.
(b) The full text of the proposed regulation.
(c) Reference to the authority for the regulation.
(d) The NCF official initiating adoption of the regulation.
(e) The procedure for commenting upon the proposed regulation, with the name, electronic
address, facsimile number, telephone number, and street address of the regulation contact person
who will receive comments.
(2) Comments. Any person may submit written comments concerning a proposed regulation to the
contact person identified in the notice within fourteen (14) days after the date of notice on the NCF
internet website. In response, the BOT may solicit additional written comments, schedule a public
hearing, withdraw or modify the regulation, in whole or in part after notice, or proceed with adopting
the regulation.
(3) Adoption. The BOT is responsible for adopting regulations. Regulations, except select
regulations, are adopted upon approval by the BOT. The BOT will provide the BOG all regulations
adopted by the BOT.
(4) Adoption of Select Regulations. Select regulations adopted by the BOT shall be provided to the
BOG for review, and shall not become effective until the BOG has approved them.
(5) Filing.
(a) Place of Filing, Record and Effective Date. When adopted, the regulation shall be filed with
the NCF Clerk and posted on the NCF internet website. When a regulation is filed, certification of
compliance with this procedure shall be included, along with the record, including all notices,
written comments, written summaries of hearings, and responses submitted pursuant to this
regulation. The regulation shall become effective on the date of filing unless the regulation
provides otherwise.
(b) Accessibility to Regulations. Regulations adopted by the BOT are accessible through the NCF
internet website.
(6) Due Process. In implementing regulations that affect the rights of individuals, the BOT will honor
established due process principles to ensure that applicable due process rights are afforded to affected
individuals.
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REGULATIONS MANUAL
(7) Monitoring Regulations. The BOT will monitor the effects of new regulations and periodically
will review existing regulations to ensure they are current and consistent.
New11-5-05. Renumbered 6-29-10 with approval of new table of contents. Revised 9-11-10.
Updated 11-4-11
REGULATIONS MANUAL
1-1004 Emergency Regulation Adoption Process.
An emergency regulation may be adopted under a procedure which is fair under the circumstances if there
is an immediate danger to the public health, safety, or welfare. The action taken must be only that
necessary to protect the public interest in the emergency. At the time of, or prior to the BOT adopting an
emergency regulation, the BOT shall publish on its internet website the specific facts and reasons for
concluding that the procedure is fair under the circumstances. An emergency regulation shall not be
effective for a period longer than ninety (90) days. However, the BOT may take identical action under the
regular regulation development procedure set forth in NCF Regulation 1-1003.
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REGULATIONS MANUAL
1-1005 Regulation Challenge Process.
Challenges to regularly adopted regulations, unpromulgated regulations, and emergency regulations shall
be initiated and maintained in accordance with this regulation and the BOG Regulation Development
Process.
(1) Challenges to Regularly Adopted Regulations. A substantially affected person may seek a
determination of the invalidity of an existing NCF regulation any time after the adoption of the
regulation. The petition seeking such determination must state with particularity the grounds for
alleging that the regulation is an invalid exercise of authority, and a sufficient explanation of the facts
showing that the person challenging a regulation is substantially affected by it.
(a) A regulation is an invalid exercise of authority only if one of the following applies:
1. The BOT materially failed to follow regulation development procedures set forth herein;
2. The regulation does not comply with the law or contravenes the policies of the BOG as
specified in resolution, regulation, or strategic plan;
3. The regulation vests unbridled discretion in the BOT, or
4. The regulation is arbitrary or capricious.
(b) A petition challenging an NCF regulation shall be filed with the NCF Clerk. If the filed
petition is not of sufficient specificity or does not state sufficient grounds to challenge a
regulation, the petition may be dismissed, with or without leave to amend. If the petition is of
sufficient specificity and states sufficient grounds to challenge a regulation, the BOT shall assign
a hearing officer within fifteen (15) days after receiving the petition, if there are any disputed
issues or material facts. The hearing officer shall conduct a hearing within 60 days thereafter
unless the petition is withdrawn or a continuance is granted by agreement of the parties for good
cause shown. If there are no disputed issues of material fact, the matter shall be referred to the
BOT for resolution.
(c) The failure of the BOT to follow the regulation development procedures set forth in this
procedure or in the Regulation Development Process adopted by the BOG shall be presumed to
be material; however, NCF may rebut this presumption by showing that the substantial interests
of the petitioner and the fairness of the proceedings have not been impaired.
(d) Hearings shall be de novo in nature and shall be conducted pursuant to the Model Rules of
Procedure, Chapter 28-106, Florida Administrative Code, except if there is any conflict, this
procedure controls. The petitioner must demonstrate by clear and convincing evidence that a
regulation is invalid. The petitioner shall be adverse to NCF. Other substantially affected persons
may join the proceedings as interveners on appropriate terms which shall not unduly delay the
proceedings.
(e) Within 30 days after the hearing, the hearing officer shall issue a recommended order directed
to the BOT, which shall timely issue a final decision whether all or part of a regulation is invalid.
If a regulation is declared invalid in whole or in part notice of the decision shall be given on the
NCF internet website.
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REGULATIONS MANUAL
(2) Challenges to Unpromulgated Regulations. A petition challenging a statement of general
applicability to guide the conduct or action of constituents or the public that has not been promulgated
as a regulation shall be filed with the NCF Clerk. The petition shall include the text of the statement
or a description of the statement and shall state with particularity facts sufficient to show that the
statement constitutes a regulation as defined in this procedure and that NCF has not adopted the
statement by regulation development procedures adopted by NCF or by the BOG.
(a) Within fifteen (15) days after receipt of the petition, NCF shall assign a hearing officer who
shall conduct a hearing in compliance with paragraph (1) (d) and (e) of this regulation within
thirty (30) days thereafter, unless the petition is withdrawn or a continuance is granted by
agreement of the parties for good cause shown. If a hearing is held and the petitioner proves the
allegations of the petition, the BOT shall have the burden of proving that regulation development
is not feasible. Regulation development shall be presumed feasible unless:
1. NCF has not had sufficient time to acquire the knowledge and experience reasonably
necessary to address a statement by regulation development; or
2. Related matters are not sufficiently resolved to enable NCF to address a statement by
regulation development.
(b) Within thirty (30) days after the hearing, the hearing officer shall issue a recommended order
directed to the BOT, which may determine that all or part of a statement should have been
promulgated as a regulation under procedures set forth in this regulation. The decision shall be
published on the NCF internet website and all reliance on the statement or any substantially
similar statement as a basis for action shall be discontinued.
(c) If, prior to a recommended order of a hearing officer, the BOT begins regulation development
under this procedure to address the statement, a presumption is created that the BOT is acting
expeditiously and in good faith to adopt regulation(s) that address the statement, and reliance
upon the statement or any substantially similar statement as a basis for action shall be permitted.
(d) If the BOT fails to approve regulations that address the statement within one hundred and
eighty (180) days after publishing notice of proposed regulation(s), for the purposes of the
regulation challenge proceeding, a presumption is created that NCF is not acting expeditiously
and in good faith to adopt regulation, and the case should proceed to a final hearing.
(3) Challenges to Emergency Regulations. Within seven (7) days after receiving a petition from a
substantially affected person challenging an emergency regulation, if the petition complies with the
requirements of paragraph (1) of this Regulation, the BOT shall assign a hearing officer. The hearing
officer shall conduct a hearing in compliance with paragraph (1) (d) of this regulation within twenty
(20) days, unless the petition is withdrawn. Within Ten (10) days of the hearing, the hearing officer
shall issue a recommended order directed to the BOT, which shall timely issue a final decision.
(4) Appeals. Final decisions of the BOT may be challenged in a court of law pursuant to certiorari
review under Florida Rule of Appellate Procedure 9.030 (b) (2) only after exhausting the available
administrative remedies under this procedure.
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1-1006 Authority to Sign Contracts.
(1) Authority of the President. The President has the authority to approve and execute all contracts,
agreements, letters of understanding, and other documents regarding legal assurances, commitments,
and obligations on behalf of the BOT.
(2) Submission to General Counsel. All contracts, agreements, letters of understanding, and other
documents regarding legal assurances, commitments, and obligations shall be submitted to the
General Counsel for review and approval as to form and legality.
(3) Delegation of Authority. The President may delegate to the Provost and Vice President for
Finance and Administration (and their designee(s) in certain circumstances) the authority to sign
described contracts and other documents.
(4) Authority Limited to President and Persons Expressly Delegated. NCF employees must not sign
any contract, agreement, letter of understanding, or other document regarding legal assurances,
commitments, and obligations unless they have been expressly delegated the authority to do so.
Employees should contact the General Counsel for information and advice regarding authority to
execute documents.
Adopted 4-27-02 as NCF Policy 0-100. Revised and adopted as regulation 11-5-05. Renumbered 6-2910 with approval of new table of contents. Revised 9-11-10.
Updated 11-4-11
REGULATIONS MANUAL
1-1007 Public Meetings.
NCF is subject to constitutional and statutory requirements to conduct public meetings as open meetings
in accordance with section 286.011, Florida Statutes.
(1) Meetings Subject to Requirements. NCF shall conduct the following meetings as open meetings in
accordance with section 286.011, Florida Statutes:
(a) All meetings of the BOT, except meetings that are statutorily exempt from the requirements of
section 286.011, Florida Statutes.
(b) All meetings of Committees of the BOT, except meetings that are statutorily exempt from the
requirements of section 286.011, Florida Statutes.
(c) All meetings of any committee appointed by the BOT or the President that has authority to
make recommendations to the BOT or to the President, except meetings that are statutorily
exempt from the requirements of section 286.011, Florida Statutes. Committees subject to the
requirements include search committees established to make recommendations regarding hiring
new personnel, and evaluation or selection committees established to make recommendations
regarding purchasing of materials, contracting for goods or services, or selection of consultants.
(d) Any gathering of two or more members of a committee is subject to open meetings
requirements if a matter that will foreseeably come before the committee is discussed.
(2) Requirements for Open Meetings. All meetings subject to open meetings requirements as
described in Paragraph (1) of this Regulation shall be conducted as follows:
(a) Reasonable Notice. Reasonable notice shall be given of all such meetings. Normally, at least
seven (7) days notice should be given for any such meeting. Reasonable notice shall be satisfied
by publication of notice on the NCF internet web site, and distribution of the notice to faculty,
staff and students of NCF through the NCF electronic mail system. Meetings subject to these
requirements shall be notice using Form 12.01.
(b) Open to the Public. All such meetings shall be open to the public, including any person who
wishes to attend the meeting at all times.
(c) Minutes. Minutes of all such meetings will be taken, and shall be available for inspection and
copying upon request. Minutes of public meetings shall be filed with the NCF Clerk.
(3) Advice Regarding Application of Open Meeting Requirements. Anyone who has questions
regarding the application of open meeting requirements should contact the NCF General Counsel for
information and advice.
Originally adopted 4-27-02 as NCF Policy 0-103. Revised and adopted as Regulation 11-5-05.
Renumbered 6-29-10 with approval of new table of contents. Revised 9-11-10.
Updated 11-4-11
REGULATIONS MANUAL
1-1008 Public Records.
It is the policy of NCF that all public records in the custody of NCF shall be open for inspection by any
person, at reasonable times and under reasonable conditions, except records that are statutorily exempt
from disclosure or designated as confidential. All custodians of public records shall make public records,
except exempt or confidential records, available for inspection and shall furnish copies to anyone upon
request. Prepayment of a charge for the cost of duplication and labor may be required where authorized
by this regulation.
(1) Definition of Public Records. All documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of NCF are public records.
(2) Confidential Records or Records Exempt from Requirements to Produce. Certain records
maintained by NCF are exempt from requirements to produce public records. NCF shall carefully
analyze any request for public records to ensure that confidentiality is maintained and that no
statutory exemption from requirements to produce applies to the requested documents. Documents
that are exempt from requirements to produce public records include but are not limited to the
following:
(a) Student records.
(b) Medical or psychological records.
(c) Faculty evaluation records.
(d) Social security numbers.
(e) Certain information regarding NCF police and mental health workers and their families.
(f) Certain collective bargaining records.
(g) Certain Division of Sponsored Programs records.
(h) Certain Direct Support Organization records.
(i) Admission application records (in accordance with section 1006.52, Florida Statutes, subject
to repeal on October 2, 2014, unless reviewed and saved from repeal through reenactment by the
Florida Legislature)
(j) Evaluations and letters of recommendation related to admissions, employment applications
and receipt of honors, for which Right of Access has been waived.
(3) Procedures for Producing and Copying Public Records. When a member of the faculty or staff of
NCF receives a request to inspect or copy a public record, he or she must determine whether the
requested record is a public record and whether it is confidential or otherwise exempt from
requirements to produce. If requested material is a public record that is not confidential or exempt, the
faculty or staff member, within a reasonable time, shall:
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(a) Make the record available for inspection under reasonable conditions which may include
supervision of the inspection.
(b) Furnish copies of the records without charge where duplication and labor costs do not exceed
$10.
(c) Where duplication and labor costs are estimated to exceed $10, charge the requestor a
reasonable fee based on the actual cost of duplication and labor in accordance with the following
procedure using the NCF Public Records Charge Document (NCF Form 12.02):
1. Complete items 1-4 of the NCF Public Records Charge Document and ask the public
records requestor to sign the estimate.
2. Duplicate the requested records, then indicate actual costs of duplication and labor and
secure the accountable officer's signature on the NCF Public Records Charge Document.
3. Furnish the requested record copies to the requestor when he/she presents evidence of
payment in full.
(4) Location of Records. Questions concerning the location of particular records may be referred to
the NCF Clerk or the NCF General Counsel.
(5) Advice Regarding Public Records Requirements. Anyone who has questions regarding the
application of public records requirements should contact the NCF General Counsel for information
and advice.
Originally adopted 4-27-02 as NCF Policy 0-102. Revised and adopted as Regulation 11-5-05.
Updated 11-4-11
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1-1009 Student Records.
The policies and procedures outlined in this regulation are designed to implement the provisions of the
Family Educational Rights and Privacy Act ("FERPA"; 20 U.S.C. 1232g), and sections 1002.22 and
1006.52, Florida Statutes, pursuant to which NCF is obligated to inform students and parents of their
rights to review and inspect education records, to challenge and seek to amend education records, to
control disclosure of education records, and to complain to the Family Policy Compliance Office or to
Florida Circuit Court concerning alleged violations by NCF of any of such rights. NCF has placed the
responsibility for administration of this policy with the NCF Registrar, its FERPA Coordinator.
(1) Definitions. The following definitions of terms apply to the construction of this regulation:
(a) Student—an individual who is or has been registered for an on- or off-campus program for the
purpose of the award of academic credit from NCF.
(b) Education records—those records which are maintained by NCF employees/agents of NCF,
which contain information directly related to a student. "Record," as used herein, includes any
information or data recorded in any medium, including but not limited to handwriting, print,
magnetic tapes and disks, film, microfilm, and microfiche. "Agents," as used herein, means any
individual who, pursuant to express or implied authorization, represents and acts for NCF. The
following types of records are expressly exempt from the definition of "education records":
1. Sole possession records—personal record of NCF employees/agents which meets the
following test:
a. It was created by the NCF employee/agent as a personal memory aid; and
b. It is in the sole possession of the NCF employee/agent who created it; and
c. The information contained in it has never been revealed or accessible to any other
person, including the student, except the NCF employee's/agent's "temporary substitute."
"Temporary substitute," as used herein, means an individual who performs on a
temporary basis the duties of the NCF employee/agent.
2. Employment records—records which are used only in relation to an individual's
employment by NCF. However, the following are education records rather than employment
records:
a. Records relating to a student's employment by NCF if the status as a student is or was a
condition of employment.
b. Records relating to a student's employment by NCF if receipt of credit is or was based
on his/her performance as an employee.
3. Pre-attendance records—records relating to an individual's application for admission to
NCF prior to his/her actual attendance as an enrolled student in the program for which
application was made.
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4. Alumnae/i records—records created and maintained on an individual as an
alumnus/alumna of NCF.
5. Law enforcement records—records created and maintained by the NCF Police Department
which are used solely for law enforcement purposes, are maintained apart from education
records, and are not disclosed to individuals other than law enforcement officials of the same
jurisdiction; provided that, in addition, no member of the NCF Police Department shall have
access to education records where this policy authorizes release without the student's prior
written consent.
6. Health records—records of NCF’s Counseling and Wellness Center which are used only
for the provision of medical, psychiatric, or psychological treatment and which are kept
separate from education records.
(c) Personal identifier—any data or information that relates a record to an individual. This
includes the individual's name, the name of the individual's parents, or other family members, the
individual's address, the individual's social security number and any other number or symbol
which identifies the individual, a list of the individual's personal characteristics, or any other
information which would make the individual's identity known and can be used to label a record
as the individual's record.
(2) Annual Notification.
(a) NCF will publish annually in the NCF General Catalog a notice of student rights under
FERPA and sections 1002.22 and 1006.52, Florida Statutes.
(b) The notice will advise of the following:
1. A student has the right to inspect and review his/her education records.
2. NCF intends to limit the disclosure of information contained in a student's education
records to the following circumstances:
a. The student has given prior written consent to the disclosure; or
b. The disclosure is of directory information which the student has not refused to permit
NCF to disclose; or
c. The FERPA and Florida Statutes authorize NCF’s disclosure of the information
without the student's prior written consent.
3. A student has the right to request NCF to amend any part of his/her education record which
he/she believes to be inaccurate, misleading, or in violation of his/her privacy or other rights;
and, should NCF deny the student's request, that the student has a right to a hearing to present
evidence that the record is inaccurate, misleading, or in violation of his/her privacy or other
rights.
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4. There exists the right to report violations of FERPA to the Family Policy Compliance
Office of the U.S. Department of Education, and to bring an action in Florida Circuit Court
for violations of section 1002.22, Florida Statutes.
5. The locations where copies of this policy are available to students.
(3) Locations of Education Records.
(a) Pre-attendance admission records are located in the Office of Admissions and Financial Aid,
and the custodian for such records is the Dean of Enrollment Services & Information Technology,
New College of Florida, 5800 Bay Shore Road, Sarasota, Florida 34243.
(b) Cumulative academic records and some pre-attendance admission records are located in the
Office of the Registrar and the custodian for such records is the NCF Registrar, New College of
Florida, 5800 Bay Shore Road, Sarasota, Florida 34243.
(c) Medical records are located in the Counseling and Wellness Center, and the custodian for such
records is the Director, Counseling and Wellness Center, New College of Florida, 5800 Bay
Shore Road, Sarasota, Florida 34243.
(d) Psychological/Psychiatric counseling records are located in the Counseling and Wellness
Center, and the custodian for such records is the Director, Counseling and Wellness Center, New
College of Florida, 5800 Bay Shore Road, Sarasota, Florida 34243.
(e) Student employment records are located in the Office of Human Resources, and the custodian
for such records is the Director of Human Resources, New College of Florida, 5800 Bay Shore
Road, Sarasota, Florida 34243.
(f) Financial aid records are located in the Office of Admissions and Financial Aid, and the
custodian for such records is the Director of Financial Aid, New College of Florida, 5800 Bay
Shore Road, Sarasota, Florida 34243.
(g) Financial records are located in the NCF Business Office, and the custodian for such records
is the College Comptroller, New College of Florida, 5800 Bay Shore Road, Sarasota, Florida
34243.
(h) NCF records are located in the Office of the Provost, divisional offices, and in faculty offices.
The custodian for such records is the Provost, appropriate divisional chairperson, professor,
instructor or lecturer.
(i) Disciplinary records are located in the Office of Student Affairs, and the custodian for such
records is the Dean of Students, New College of Florida, 5800 Bay Shore Road, Sarasota, Florida
34243.
(j) Occasional records, student education records not encompassed within the above-enumerated
categories such as copies of correspondence located in offices not listed above, either shall be
collected and the student directed to their location by the FERPA Coordinator, or shall otherwise
be made available to the student for inspection and review.
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(4) Procedure to Inspect Education Records.
(a) Students who wish to inspect and review their education records should submit a written
request to the appropriate record custodian or to the FERPA Coordinator. The request should
identify as accurately as possible the specific records the student wishes to inspect and review. It
may identify records according to the types listed in subsection (4) of this policy, as records
located at specific places, or as records under the custodianship of specific NCF
employees/agents identified by title. Records listed in this policy as "occasional records" should
be identified in terms which will make it possible for the FERPA Coordinator to locate them and
make them available for the student to inspect and review.
(b) The FERPA Coordinator or the record custodian shall either permit the student to immediately
inspect and review his/her education records or advise the student when and where the records
will be available for inspection and review. Access to education records requested in compliance
with this policy shall be granted within a reasonable period of time, but in no case more than
thirty (30) calendar days after the FERPA Coordinator or the record custodian receives the
student's written request. The FERPA Coordinator or the record custodian or his/her designee
shall have the right to be present while the student inspects and reviews the records. Upon
reasonable request, NCF shall furnish the student with an explanation or interpretation of his/her
record.
(c) Upon reasonable request and demonstration to the FERPA Coordinator that the failure to
provide the student with copies of the requested education records will effectively deny the
student the right to inspect and review such records, NCF will arrange for the student to obtain
copies of such records. In the event that the student has an unpaid financial obligation to NCF,
he/she shall not be entitled to transcripts or copies of education records.
(d) When records contain personally identifiable information about more than one student, a
student may inspect only that information which relates to him/her.
(e) NCF reserves the right to refuse to permit a student to inspect and review the following
education records:
1. The financial records of the parents of the student or any information contained therein.
2. Statements and letters of recommendation prepared by NCF officials or submitted with the
student's application for admission which were placed in the student's records before January
1, 1975 or for which the student has waived his/her right of access in writing; provided,
however, that if such statements and letters of recommendation have been used for any
purpose other than that for which they were originally prepared, the student may inspect and
review them.
3. Those records which are excluded from the definition of "education records" under this
policy.
(5) Copies of Education Records.
(a) Fees. NCF will charge the following fees for copies of education records:
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1. NCF official transcripts $10.
2. FERPA required copies of education records—the fee for FERPA required copies of
education records shall be ten cents ($.10) per page, which reflects actual copying costs but
does not include the cost of search and retrieval. Copies of education records are required by
FERPA under the following circumstances:
a. A failure to provide such copies would effectively deny the student the right to inspect
and review his/her records; or
b. NCF has disclosed information from the student's education records under authority of
the student's prior written consent and the student requests a copy of the information
disclosed; or
c. The student requests copies of records NCF has disclosed to other schools where the
student seeks or intends to enroll.
3. Copies (not signed and certified) of education records will be available to students when
administratively possible, even though not required by FERPA, at a copying cost of One
Dollar ($1.00) per page plus the actual cost of search, retrieval, and mailing.
(b) When administrative costs of collecting fees exceed the amount which would be received, the
FERPA Coordinator shall be authorized to waive such fees.
(c) NCF reserves the right to deny transcripts or copies of records not required by FERPA in any
of the following situations:
1. The student has an unpaid financial obligation to NCF.
2. There is an unresolved disciplinary action against the student.
3. There is an unresolved litigation between the student and NCF.
(6) Directory Information.
(a) Designation of directory information. NCF hereby designates the following described
personally identifiable information contained in a student's education record as "directory
information" in order that NCF may, at its discretion, disclose the information without a student's
further prior written consent:
1. The student's name.
2. Date and place of birth.
3. The student's dates of attendance and enrollment status.
4. Date of graduation, degrees and honors awarded.
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(b) Student's refusal to permit disclosure of "directory information." NCF will publish in the
Schedule of Classes for each academic term the above list, or a revised list, of the items of
information it proposes to designate as "directory information." Students must notify the FERPA
Coordinator in writing if they refuse to permit NCF to disclose directory information about
themselves; such notification must be received by the FERPA Coordinator no later than the end
of the second week of classes of the academic term or the student will be deemed to have waived
his/her right of refusal until the next academic term. When the FERPA Coordinator receives a
student's refusal to permit NCF to disclose "directory information" about that student, the FERPA
Coordinator will notify the appropriate records custodians of the student's action. The records
custodians will not make any further disclosures of directory information about that student
without the student's prior written consent except to the extent authorized by FERPA and the
Florida Statutes.
(c) Publication of directory information in the NCF Directory. NCF proposes to publish for each
academic year a Campus Directory which will contain certain items of directory information
respecting students who are registered during the Fall Semester of such academic year. Students
registering during the Fall Semester must notify the Office of the Registrar in writing of their
refusal to permit NCF to disclose or publish directory information in the Campus Directory; such
notification must be received by the FERPA Coordinator no later than the end of the second week
of classes of the fall semester or the student will be deemed to have waived his/her right of refusal
with respect to the Campus Directory until the fall semester of the next academic year.
(d) Requests for directory information. All requests for directory information about students
should be referred to the FERPA Coordinator.
(7) Use of Education Records. All custodians of a student's education records and other NCF
employees/agents will follow a strict policy that information contained in a student's education record
is confidential and may not be disclosed to third parties without the student's prior written consent
except as otherwise provided in this section.
(a) College officials shall have access to student education records for legitimate educational
purposes.
1. "College official," as used herein, means:
a. A person currently serving as a member of the BOG.
b. A person under contract to the BOG/NCF in any faculty or staff position at NCF.
c. A person employed by the BOG as a temporary substitute for a staff member or faculty
member at NCF for the period of his/her performance as a substitute.
d. A person employed by NCF or the BOG or under contract to the BOG or State of
Florida Auditor General’s Office to perform a special administrative task for NCF. Such
persons may be employed as secretaries, clerks, attorneys, auditors, and consultants. They
shall be considered to be College officials for the period of their performance as an
employee or contractor.
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2. "Legitimate educational purpose," as used herein, means a College official's need to know
in order to:
a. Perform an administrative task outlined in the official's position description or contract;
or
b. Perform a supervisory or instructional task directly related to the student's education;
or
c. Perform a service or benefit for the student such as health care, counseling, student job
placement, or student financial aid.
(b) Under the following circumstances, College officials may make disclosures of personally
identifiable information contained in the student's education records without the student's consent:
1. To another college or university where the student seeks or intends to enroll.
2. To certain federal and state officials who require information in order to audit or enforce
legal conditions related to programs at NCF supported by federal or state funds.
3. To parties who provide or may provide financial aid to the student in order to:
a. Establish the student's eligibility for the financial aid;
b. Determine the amount of financial aid;
c. Establish the conditions for the receipt of the financial aid; or
d. Enforce the terms of the agreement between the provider and the receiver of the
financial aid.
4. To state or local officials in compliance with state law adopted prior to November 19,
1974.
5. To an individual or organization under written agreement or contract with NCF or the
BOG for the purpose of conducting a study on the College's behalf for the development of
tests, the administration of student aid, or the improvement of instruction.
6. To accrediting organizations to carry out their accrediting functions.
7. To parents of a student if the parents claim the student as a dependent under the Internal
Revenue Code of 1954. NCF will exercise this option only on the condition that evidence of
such dependency is furnished to the Office of the Registrar.
8. To comply with a lawfully issued subpoena or judicial order of a court of competent
jurisdiction. NCF will make a reasonable effort to notify the student before it makes a
disclosure under this provision.
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9. The result of a disciplinary proceeding may be released to the victim of the student's crime
of violence.
10. To the Auditor General or the Office of Program Policy Analysis and Government
Accountability, as necessary for such agencies to perform their official duties and
responsibilities; these agencies shall use and maintain the records in accordance with FERPA
(pursuant to section 119.15, Florida Statutes this shall stand repealed on October 2, 2014,
unless reviewed and saved from repeal through reenactment by the Legislature).
11. All requests for disclosure under the ten (10) circumstances listed above, where NCF may
disclose personally identifiable information without the student's prior consent to third parties
other than its own officials, will be referred to the FERPA Coordinator or appropriate records
custodian.
(c) College officials are authorized to make necessary disclosures from student education records,
without the student's prior consent in a health or safety emergency if the College official deems:
1. The disclosure to be warranted by the seriousness of the threat to the health or safety of the
student or other persons; and
2. The information disclosed is necessary and needed to meet the emergency; and
3. The persons to whom the information is disclosed are qualified and in a position to deal
with the emergency; and
4. Time is an important and limiting factor in dealing with the emergency.
(d) College officials may not disclose personally identifiable information contained in a student's
education record, except directory information or under the circumstances listed above, except
with the student's prior written consent. The written consent must include the following:
1. A specification of the information the student consents to be disclosed;
2. The person or organization or the class of persons or organizations to whom the disclosure
may be made; and
3. The date of the consent.
(e) The student may obtain a copy of any records the College discloses pursuant to the student's
prior written consent.
(f) NCF will not release information contained in a student's education records, except directory
information, to any third parties except its own officials, unless those third parties agree that they
will not redisclose the information without the student's prior written consent.
(8) Records of Requests for Access and Disclosures Made from Education Records.
(a) All requests for disclosures of information contained in a student's education record or for
access to the record made by persons other than College officials or the student or those requests
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accompanied by the student's prior written consent will be submitted to the FERPA Coordinator
or appropriate records custodian. The FERPA Coordinator or appropriate records custodian will
approve or disapprove all such requests for access and disclosures and, except for requests for
directory information, he/she will maintain a record of these actions.
(b) This record of requests/disclosures shall include the following information:
1. The name of the person or agency that made the request.
2. The interest the person or agency had in the information.
3. The date the person or agency made the request.
4. Whether the request was granted and, if it was, the date access was permitted or the
disclosure was made.
(c) NCF will maintain this record of requests/disclosures as long as it maintains the student's
education record.
(9) Procedures to Request Amendment of and Challenge Education Records.
(a) Students have the right to, in accordance with this policy, request amendment of and challenge
the content of their education records.
(b) Definitions.
1. The term "incorrect" is used herein to describe a record that is inaccurate, misleading, or in
violation of the privacy or other rights of students. A record is not "incorrect," for purposes of
this policy, where the requestor wishes to challenge the evaluation an instructor assigns for a
course.
2. The term "requestor" is used herein to describe a student or former student who is
requesting NCF to amend a record.
(c) Students who believe that their education records contain information which is incorrect
should informally discuss the problem with the record custodian. If the record custodian finds the
information is incorrect because of an obvious error, and it is a simple matter to amend it to the
satisfaction of the requestor, the record custodian may make the amendment.
(d) If the record custodian cannot amend the record to the requestor's satisfaction or if the record
does not appear to be obviously incorrect, the record custodian will:
1. Provide the requestor a copy of the questioned record at no cost; and
2. Ask the requestor to initiate and provide the record custodian a written request for the
amendment; such written request must identify the information which the requestor believes
is incorrect, must state why such information is incorrect, and must be dated and signed by
the requestor.
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(e) The FERPA Coordinator will examine each written request for amendment of education
records, together with the written explanation of refusal to amend the record to the requestor's
satisfaction. The FERPA Coordinator will discuss the request with appropriate College officials,
including the person who initiated the record, the general counsel, and other persons who might
have an interest in the questioned record. At the conclusion of this investigation, the FERPA
Coordinator will summarize his/her findings, make a recommendation for the College's action,
and deliver the request, the written explanation, his/her summary of findings, and his/her
recommendation to the President.
(f) The President will instruct the FERPA Coordinator whether the record should or should not be
amended in accordance with the request. If the President's decision is to amend the record, the
FERPA Coordinator will advise the record custodian to make the amendment. The record
custodian will advise the requestor in writing when he/she has amended the record and invite the
requestor to inspect the record.
(g) If the President’s decision is that the record is correct and should not be amended, the FERPA
Coordinator will prepare and send the requestor a letter stating the decision. This letter will also
inform the requestor that the requestor has a right to a hearing pursuant to section 120.57, Florida
Statutes to challenge NCF’s decision not to amend.
(h) In the event the education records are not amended to the requestor's satisfaction, the
requestor shall have the right to place with the education records a written statement explaining,
commenting upon, or disagreeing with information contained in the education records. This
statement shall be maintained as part of the student's education record for as long as NCF
maintains the questioned part of the record. Whenever the questioned part of the record is
disclosed, the student's written statement shall also be disclosed.
(10) Right of Waiver of Access. NCF may request a waiver of access to evaluations and letters of
recommendation related to admissions, employment applications and receipt of honors. While such a
waiver may be requested, requests for waivers do not constitute a pre-condition for admission,
financial aid, or any services or benefits. Upon request, students who have waived access to such
items can receive a listing of all individuals providing confidential recommendations or evaluations.
Originally adopted effective 12-24-03 as Rule 6C11-2.001, revised and adopted as Regulation 11-5-05.
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1-1010 Records Retention and Destruction.
All documents as defined in section 119.011 (12), Florida Statutes, shall be held by NCF in accordance
with section 119.021, Florida Statutes, until destroyed as provided hereafter. The record copy is NCF’s
official record. All duplicates of the record copy should be retained until obsolete, superseded, or
administrative value is lost.
(1) Abstracts: Property owned by the Board of Trustees. This record series consists of all College
sites and sites upon which the College has not been built.
(a) Retain record copy as long as the College retains property.
(2) Accident Records: Student/Employee. This record series consists of documentation of a student
or employee having an accident on NCF grounds, in a NCF building or during NCF activities.
(a) Retain record copy for five (5) years after report.
(3) Accreditation Records: Accreditation Report. This record series consists of the accreditation
report documenting the process and status of becoming accredited and/or activities associated with
reporting and/or confirming the accreditation status of NCF.
(a) Retain record copy for 5 fiscal years provided applicable audits have been released.
(4) Accreditation Records: Final Self-Study. This record series consists of the final self-study
accreditation report documenting the process and status of becoming accredited and/or activities
associated with reporting and/or confirming the accreditation status of NCF.
(a) Retain record copy for five (5) fiscal years provided applicable audits have been released.
(5) Accreditation Records: Southern Association Colleges and Schools. This record series consists of
accreditation records, visiting accreditation team reports, related correspondence, board reviews,
updates and status documentation.
(a) Retain record copy for ten (10) years after final action provided applicable audits have been
released.
(6) Accreditation Records: Supporting Documents. This record series consists of supporting
documents detailing the process of becoming accredited and/or activities associated with reporting
and/or confirming the accreditation status of NCF.
(a) Retain record copy for one (1) year after accredited.
(7) Admission Records: Registered Student. This record series consists of correspondence,
application, transcripts, equivalency diploma, residency affidavit, conditional enrollment form, and
letters of recommendation.
(a) Retain record copy for five (5) years after attendance provided applicable audits have been
released.
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(8) Admission Records: Students Denied Admission. This record series consists of correspondence,
(a) Retain record copy for three (3) years after application submitted.
(9) Admission Records: Unregistered Student. This record series consists of correspondence,
(a) Retain record copy for three (3) fiscal years provided applicable audits have been released.
(10) Annual Report of the President. This record series consists of reports created by the president
giving information and statistics on NCF.
(a) Retain record copy for three (3) years.
(11) Annual Reports. This record series consists of summaries of departmental, university or division
activities by year.
(a) Retain record copy for three (3) fiscal years.
(12) Annual Reports: Federally Funded Programs. This record series consists of IPEDS reports
(Integrated Postsecondary Education Data System); OCR reports (Office of Civil Rights); and EEOC
reports (Equal Employment Opportunity Commission), specifically the EEO-6 report.
(a) Retain record copy for three (3) years after termination of federal funds.
(13) Benefit Distribution Reports. This record series consists of monthly benefit distribution reports
of the cost to NCF for health and life insurance coverage.
(a) Retain record copy for two (2) fiscal years provided applicable audits have been released.
(14) Budget Transfer Forms. This record series consists of forms labeled “Interfund Budget
Transfers” which document interdepartmental payments.
(15) Class Rolls. This record series consists of all students enrolled in class during a particular
grading period.
(16) Class, Course, Room and Faculty Schedules. This record series consists of class meeting times
and days for each course, room assignments, teaching schedules including office hours.
(a) Retain record copy until end of semester.
(17) Committee Records. This record series consists of documents related to the service of individuals
on NCF committees and boards.
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(18) Course and Program Records. This record series consists of course descriptions, outlines,
program documentation, policies, plans for use of special media, outside instructional materials,
sampling of student evaluation tools, and other actions related to each course and program.
(a) Retain record copy until obsolete, superseded or administrative value is lost.
(19) Directives/Policies/Procedures: President/Provost. This record series consists of the official
management statements of policy from the president's or provost's office for NCF and the operating
procedures which outline the methods for accomplishing the functions and activities assigned to each
department. It includes all memoranda and correspondence generated relating to the policies and
procedures which are to be followed by employees.
(a) Retain record copy permanently; these records may have archival value.
(20) Discipline Records: Student (Final Action). This record series consists of final action minutes of
the discipline committee, student court, correspondence, and other supporting documents.
(a) Retain record copy for five (5) years after matriculation.
(21) Discipline Records: Student (Major Offense). This record series consists of minutes of the
discipline committee, student court, correspondence, and other supporting documents of a student
committing a major offense.
(a) Retain record copy until posted to permanent record.
(22) Discipline Records: Student (Minor Offense). This record series consists of minutes of the
discipline committee, student court, correspondence, and other supporting documents of a student
committing a minor offense.
(a) Retain record copy for five (5) years.
(23) Drop/Add Records. This record series consists of contract renegotiation forms submitted by
students for the purposes of dropping and/or adding academic activities. Drop/add documents are not
to be confused with withdrawal records.
(a) Retain record copy for one (1) semester after posted.
(24) Employee Fee Waiver Records. This record series consists of waiver forms on tuition given to
university employees.
(25) Expulsion Records: Student. This record series consists of suspension notices stating the reasons
therefore, investigative reports, notice of hearing, transcript, recommendations, and final outcome.
(a) Retain record copy for five (5) years after graduation, transfer or withdrawal.
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(26) Faculty Assignment Reports. This record series consists of computer generated reports issued
each semester documenting faculty workload in instruction and/or research.
(27) Fee Collection Reports. This record series consists of fee statements and amounts collected from
the students. The reports include all pertinent financial transactions made by the students for
registration in NCF.
(28) Financial Aid Records. This record series consists of student applications, award computations,
acceptance letters, student assignments and evaluations.
(a) Retain record copy for five (5) years after last enrollment provided applicable audits have
been released.
(29) Financial Obligation Clearance Records. This record series consists of forms that are maintained
by the Learning Resource Center and are completed whenever students are cleared of their library
fine. After clearance, the forms are sent to the Registrar's Office so that the hold can be lifted from the
student's file.
(a) Retain record copy for three (3) years after clearance provided applicable audits have been
released.
(30) Financial Reports: These records are maintained in Banner
(31) Follow-up Surveys. This record series consists of an annual survey of graduates and students that
leave NCF early.
(a) Retain record copy for one (1) year after superseded by new report.
(32) Food Service Records. This record series consists of reports of documents of operation of food
service program which includes deposits, monies collected, etc.
(33) Narrative Evaluation Records. This record series consists of instructor evaluations of students,
designations, and changes that are stored within the Student Evaluation System and used to create and
update the students' transcripts.
(a) Retain record copy permanently.
(34) Grant Files: Funded. This record series consists of financial, management and any other related
material which is generated subsequent to application for and/or expenditure of funded grant funds.
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(a) Retain record copy for three (3) years after completion of grant provided applicable audits
have been released.
(35) Grant Files: GEPA-Related. This record series consists of financial, management and any other
related material which is generated subsequent to application for and/or expenditure of GEPA-related
grant funds.
(a) Retain record copy for five (5) years after completion of grant provided applicable audits have
been released.
(36) Higher Education General Information Surveys. This record series consists of student records
containing the signed Statement of Educational Purpose; the signed Statement of Registration
Compliance, if required, and any documents used to verify the student's registration status. The
retention period for the record copy was established pursuant to Section 34 CFR 617.5(b).
(a) Retain record copy for five (5) years after final report provided applicable audits have been
released.
(37) Identification Records: Fee Paid. This record series consists of identification cards and
photographs for all employees and students which may include the employee's name, date of birth,
height, weight, sex, race, agency head's name and agency being represented by the employee and the
fee is paid.
(38) Identification Records: No Fee Paid. This record series consists of identification cards and
photographs for all employees and students which may include the employee's name, date of birth,
height, weight, sex, race, agency head's name and agency being represented by the employee and no
fee is paid.
(39) In-service Education Records. This record series consists of component name and I.D.,
objectives, description, evaluation, budget, participants, and performance records.
(40) Institutional Research Reports. This record series consists of copies of institutional research
reports generated by NCF and contains the complete file on each research project and report. In
addition, provides reports prepared routinely and by specific request to provide information about the
institution and its students.
(a) Retain record copy for ten (10) fiscal years provided applicable audits have been released.
These records may have archival value.
(41) Instructor Evaluations. This record series consists of evaluations of faculty members completed
by students each term.
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(42) Leave Index Records: Terminated (ten (10) years or more service). This record series consists of
a record of the total hours used and accrued for sick and vacation leave by employees with ten (10) or
more years of service. The leave balance is tabulated upon termination on the termination action form
AND THAT TABULATION IS MAINTAINED IN THE PERMANENT PERSONNEL FILE.
(a) Retain record copy for 25 years after separation or termination of employment.
(43) Leave Index Records: Terminated (less than ten (10) years service). This record series consists
of a record of the total hours used and accrued for sick and vacation leave by employees with less
than ten (10) years of service. The leave balance is tabulated upon termination on the termination
action form AND THAT TABULATION IS MAINTAINED IN THE PERMANENT PERSONNEL
FILE.
(a) Retain record copy for five (5) calendar years after termination.
(44) Need Assessment Records. This record series consists of results tabulated from survey
questionnaires or similar procedures in a particular program area. These results suggest to NCF what
should be done in developing or deleting these programs.
(45) Parking Tickets. This record series consists of copies of the parking citations issued on campus.
(a) Retain record copy for 180 days after ticket.
(46) Permits: Mail Service. This record series consists of bulk mailing permits.
(a) Retain record copy for one (1) year after expiration.
(47) Personnel Records: Activity Report. This record series consists of reports used for fiscal
purposes to determine time spent by academic and non-academic employees.
(48) Personnel Records: Evaluation Academic/Professional/Faculty. This record series consists of
contains a complete annual evaluation packet for A&P and faculty members and may include activity
or achievement reports plus supporting documentation such as correspondence, publications, annual
position descriptions, goals for the coming year, summary of the evaluation, etc.
(a) Retain record copy for five (5) years after termination of employment.
(49) Physical Plant Statistical Reports. This record series consists of statistical reports accumulated as
a result of new construction and major renovation projects of NCF.
(a) Retain record copy for five (5) fiscal years after superseded by new report, provided
applicable audits have been released.
(50) Plant Security Reports. This record series consists of reports of and action taken pertaining to
acts of vandalism, fire and theft prepared in accordance with policies of the district board of trustees.
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(a) Retain record copy for five (5) fiscal years after final disposition provided applicable audits
have been released.
(51) Plant Survey Reports. This record series consists of records which direct expenditure of State
funds.
(a) Retain record copy for five (5) fiscal years after superseded by new report provided applicable
audits have been released.
(52) Private Loan and Scholarship Records. This record series consists of letters and related
information concerning the terms of the loan or scholarship stipulating how the funds are to be used.
(a) Retain record copy for five (5) fiscal years after paid or declared uncollectable provided
(53) Procedure Manuals. This record series consists of published documents that provide the series of
steps to be followed in completing a specific task.
(54) Project Files: Priority Reports. This record series consists of reports required by the State Board
of Education giving status of construction projects—completed, in progress and projected.
(55) Project Files: Program Development. This record series consists of the evaluations and
improvement of existing programs, including the design of evaluation instruments to establish bases
for improvements, as we as the designing of new programs. Also, the project's records include
researching, planning, designing, and evaluating files; salary payments; and purchasing of
instructional equipment.
(a) Retain record copy for three (3) fiscal years after completion of project provided applicable
audits have been released.
(56) Project Files: Real Property Leases. This record series consists of correspondence, approvals and
authorizations, budgets, expenditures, revenues, plans and specifications, inspection reports and other
documents related to educational facilities real property leases.
(a) Retain record copy for fifteen (15) years after completion or termination of contract provided
(57) Promotion and Tenure Records: Denied. This record series consists of documentation for the
review process on denied promotions and tenure. This series contains forms, letters, and
accompanying data.
(a) Retain record copy for five (5) years.
(58) Promotion and Tenure Records: Granted. This record series consists of documentation for the
review process on granted promotions and tenure. This series contains forms, letters, and
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accompanying data. If granted, the complete file of the promotion and tenure documents is placed in
the permanent personnel file.
(a) Retain record copy for twenty-five (25) years after termination of employment.
(59) Real Property Acquisitions/Condemnation/Disposal Records. This record series consists of NCF
sites records since original acquisition, including all correspondence and contracts.
(60) Refund Records. This record series consists of refund authorizations received from the
Registrar's Office for withdrawal, cancellation, drop, application fees: from the Cashier's Desk for
over payments or double payments. All authorizations show the student's name, address, student
number, fees assessment number, amount of refund, reason for refund, check number, date issued and
date mailed or received.
(61) Registrations: Student. This record series consists of records for registration showing name,
validation number, and fees. The retention period for the record copy was established pursuant to
Rule 6A-14.051, Florida Administrative Code.
(62) Safety-to-life Inspection Records. This record series consists of reports and correspondence
related to safety-to-life inspections of NCF facilities conducted in accordance with Rule 2A-2.076,
Florida Administrative Code.
(63) Scholarship/Loan Records. This record series consists of complete files on state scholarship
recipients and student loans. These files include application, award letter, letter of acceptance,
renewal application, all correspondence, deferment form, cash payment receipts, certificate of service
receipts and account card. File established to maintain complete record of scholarship from
application until all notes are satisfied.
(a) Retain record copy for five (5) fiscal years after paid.
(64) State Student Assessment Records: Test Results/Reports. This record series consists of mastery
results and reports of minimum performance standards in reading, writing and mathematics and
demonstrated ability to successfully apply basic skills to everyday life situations as required by
section 232.246(1)(b), Florida Statutes. These include "CLAST," "ASSET," "ACT," "MAPS," and
"SAT."
(65) Student Advisement Records: Graduate. This record series consists of copies of transcripts,
evaluations, personal data sheets, correspondence and other documents pertaining to individual
students who have graduated.
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(a) Retain record copy for one (1) year after graduation, transfer or withdrawal.
(66) Student Advisement Records: Withdrawal. This record series consists of withdrawal records,
copies of transcripts, evaluations, personal data sheets, correspondence and other documents
pertaining to individual students that have withdrawn from school.
(a) Retain record copy for three (3) years after transfer or withdrawal.
(67) Student Appeal Records. This record series consists of appeals for evaluation changes,
withdrawal after deadline, refunds, graduation fees, and residency waivers.
(a) Retain record copy for 3 years after final appeal, provided posted to permanent record
provided applicable audits have been released.
(68) Student Counseling Records: Graduate. This record series consists of transcripts, evaluations,
personal data sheets, correspondence and other documents pertaining to individual students.
(a) Retain record copy for one (1) year after graduation, transfer or withdrawal.
(69) Student Counseling Records: Withdrawal. This record series consists of withdrawal records,
which includes transcripts, evaluations, personal data sheets, appointment and advisement slips,
correspondence and other documents pertaining to individual students.
(a) Retain record copy for three (3) years after transfer or withdrawal.
(70) Student Education Records: Supporting Documents. This record series consists of admissions
applications, correspondence, contract renegotiation forms, applications for degree, request for
Florida residence affidavit, registration information, applications to change undergraduate
classification, notice of admission, re-admission forms, credit by exam notes, transcript verification
forms, student petition records, student transcript flag notices, national test scores, and graduation
information. These records relate to the maintenance of the active student record.
(a) Retain record copy for five (5) years after graduation, transfer or withdrawal provided
(71) Student Employment Records. This record series consists of documentation for student OPS and
Work Study and may include but is not limited to the student assistant employment forms, W-4 card,
copy of the social security card, clearance for student employees' salary, justification letter, work
permits, and evaluative material.
(a) Retain record copy for three (3) fiscal years after termination of employment provided
(72) Student Newspapers. This record series consists of copies of materials submitted by
reporters/students/faculty, layout sheets and other materials used in production.
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(73) Student Newspapers: Supporting Documents. This record series consists of copies of materials
submitted by reporters/students/faculty, layout sheets and other materials used in production.
(a) Retain record copy for thirty (30) days.
(74) Student Profile Analysis Report. This record series consists of statistical service reports provided
to all administrative departments and considered transitory in nature.
(75) Student Transcripts. This record series consists of the official student record documenting
courses in which the student received satisfactory evaluations, and degrees awarded.
(76) Suspension Records. This record series consists of files and related materials created in
reviewing an adverse action or statement against a student, copy of the proposed adverse action with
supporting documents, statements of witnesses, reports, and decisions.
(a) Retain record copy for three (3) years.
(77) Tax Shelter Annuities. This record series consists of computer listing in alphabetical order
containing names of employee, social security number, and net amount of deductions taken during the
month.
(78) Tickets (sold) Reports. This record series consists of reports of tickets sold for various events
sponsored by NCF in accordance with policies and procedures of the district board of trustees.
(79) Training Records: Instructor. This record series consists of a record for each course that is
taught by NCF. It may include the schedules, course material and any development material.
(a) Retain record copy for two (2) years after training provided applicable audits have been
released.
(80) Transcript Release Forms. This record series consists of transcript release documents which are
required by section 228.093(3)(d), Florida Statutes. to be completed and signed by the student, or the
parent or guardian, if the student is under the age of eighteen. These forms contain written consent for
release of transcripts. Required for community colleges and institutions of higher learning within the
State University System, these forms document the release of transcripts to educational institutions, as
well as other entities.
(a) Retain record copy for one (1) fiscal year provided applicable audits have been released.
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(81) Veterans Records Educational Assistance. This record series consists of file for each veteran and
eligible person certified to receive Veterans Administration educational assistance. The retention
period mentioned below for the record copy was established pursuant to section 38 CFR 21.4209.
(82) Withdrawal Records. This record series consists of a withdrawal form submitted by the student
to the Office of the Registrar to withdraw from New College of Florida.
(a) Retain record copy for five (5) years after transfer or withdrawal.
(83) Disbursement Records: Detail. This series consists of records documenting specific expenditures
or transfers of agency moneys for the procurement of commodities and services and other purposes.
The series may include, but is not limited to, procurement records such as requisitions, requisition
logs, purchase orders, contracts, purchasing card (p-card) receipts, vendor invoices, receiving reports,
acceptances of contract deliverables, approvals, and related documentation; and expenditure records
for disbursements made through checks, warrants, electronic fund transfers (EFT), purchasing cards,
or other methods, such as payment vouchers, approvals, check registers, cancelled checks, check
stubs, cancelled warrants, disbursement ledgers, journal transactions, expenditure detail reports,
refund records, and other accounts payable and related documentation. Retention is based on section
95.11(2), Florida Statutes, Statute of Limitations on contracts, obligations, or liabilities.
(84) Disbursement Records: Summary. This series consists of records providing summary or
aggregate documentation of expenditures or transfers of agency moneys for the procurement of
commodities and services and other purposes. The series may include, but is not limited to, summary
records such as trial balance reports, check logs and registers, summary expenditure reports, federal
grant final closeout reports, summary journal transactions, and other accounts payable summary and
related documentation.
(85) Financial History Summary Records. This record series consists of records providing a periodic
summary of an agency’s receipts and disbursements over the course of an agency’s history. The series
may consist of annual summary general ledgers, annual financial reports, or equivalent records in
other forms.
(86) Purchasing records. This record series consists of copies of purchase orders which are retained
by the originating office while another is sent to the Purchasing/Business Office and the appropriate
vendor for action. The series may include, but is not limited to, copies of requisitions sent by the
originating office to supply, purchasing, graphics, duplicating, or other sections for action; copies of
receiving reports; and a log of outstanding and paid requisitions and purchase orders used for crossreferencing purposes.
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(87) Receipt/Revenue Records: Detail. This series consists of records documenting specific
receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit
and debit cards, or other methods. The series may include, but is not limited to, records such as cash
collection records and reports, cash receipt books, cash register tapes, deposit/transfer slips, EFT
notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers,
refund records, bad check records, and other accounts receivable and related documentation.
Retention is based on s. 95.11(2), F.S., Statute of Limitations on contracts, obligations, or liabilities.
(88) Receipt/Revenue Records: Summary. This series consists of records providing summary or
aggregate documentation of receipts/revenues collected by an agency. The series may include, but is
not limited to, records such as trial balance reports, bank statements, credit and debit card reports,
revenue reconciliations, collection balance sheets, and other accounts receivable summary and related
documentation.
(89) Automated Accounting System Reports. This record series consists of reports generated by an
agency’s automated accounting system, such as SCT Banner or other automated accounting system.
Included are such reports as a log of all updated transactions entered into the system and a financial
statement for each month for all divisions and/or bureaus of the agency.
(90) Bank Statements: Reconciliation. This record series consists of monthly statements of bank
accounts and reconciliations to show debits, credits, and cash balance in the account.
(91) Budget Records: Approved Annual Budget. This record series consists of the agency’s approved
annual budget and its amendments which are filed chronologically. This series does NOT include
working papers, agency staff analyses, drafts, budget requests, or other supporting documentation
relating to the development, modification, or implementation of an agency’s final approved budget.
(a) Retain record copy permanently. State agencies should contact the State Archives of Florida
for archival review after five (5) years.
(92) Budget Records: Supporting Documents. This record series consists of the agency’s approved
annual budget and its amendments which are filed chronologically. This series does NOT include
working papers, agency staff analyses, drafts, budget requests, or other supporting documentation
relating to the development, modification, or implementation of an agency’s final approved budget.
(a) Retain this record copy permanently. These records may have archival value. State agencies
should contact the State Archives of Florida for archival review after five (5) years.
(93) Expenditure Plans: Capital Improvement. This record series consists of capital improvement
expenditure plans detailing the long-term building and capital improvement needs of the agency.
These plans may demonstrate a priority listing for capital improvement expenditures as well as a time
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line for each project’s completion. Records may also include, but are not limited to, background
supporting materials and reports and related correspondence. "Capital Improvements" shall mean
improvements to real property (land, buildings, including appurtenances, fixtures and fixed
equipment, structures, etc.), that add to the value and extend the useful life of the property, including
construction of new structures, replacement or rehabilitation of existing structures (e.g., major repairs
such as roof replacement), or removal of closed structures.
(a) Retain record copy permanently. These records may have archival value. State agencies
should contact the State Archives of Florida for archival review after five (5) years.
(94) Financial Account Authorization Records. This record series consists of an authorization to
maintain a bank, investment, or other financial account and the names of those authorized to access
the account.
(a) Retain record copy for five (5) fiscal years after authorization superseded, expired, or
cancelled provided applicable audits have been released.
(95) Financial Reports: Annual (Local Government). This record series consists of a copy of the
annual financial report submitted to the Department of Financial Services by each local government
entity as required by section 218.32, Florida Statutes, Annual Financial Reports; Local Governmental
Entities. Per statute, the report must include, but is not limited to, total revenues and expenditures and
outstanding long-term debt.
These records may have archival value. Agencies should ensure appropriate preservation of
records determined to have long-term historical value.
(96) Financial Reports: Annual (Local Government) (Supporting Documents). This record series
consists of documentation supporting the information reported in the annual financial report
submitted to the Department of Financial Services by each local government entity as required by
section 218.32, Florida Statutes, Annual Financial Reports; Local Governmental Entities. This
documentation may include information utilized in compiling the report or may indicate how the
reporting entity arrived at the reported information.
(a) Retain record copy for four (4) fiscal years provided applicable audits have been released.
(97) Financial reports: Comprehensive Annual (Local Government). This record series consists of
the comprehensive annual financial report (C.A.F.R.) required under section 218.39, Florida Statutes.,
Annual Financial Audit Reports, and section 10.550 of the Rules of the Auditor General of the State
of Florida.
(a) Retain record copy for 10 fiscal years provided applicable audits have been released. These
records may have archival value. Agencies should ensure appropriate preservation of records
determined to have long-term historical value.
(98) Vouchers: Federal Projects Paid. This record series consists of vouchers paid for federally
funded projects. Check with applicable agency for any additional requirements.
(a) Retain record copy for 5 fiscal years after completion or termination of project.
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Authority: State of Florida, “General Records Schedule GS5 for Universities and Community
Colleges,” June 2002 (GS5); and “General Records Schedule GS1-SL for State and Local
Government Agencies,” November 1, 2006 (GS1-SL).
History: Newly adopted Regulation on February 20, 2010. Revised 9-11-10.
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1-1011 NCF Publications. UNDER REVIEW
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1-1012 Independent Student Publications.
(1) Purpose and Intent. The intent of this regulation is to establish clear responsibility for any
publications produced solely by the students of NCF.
(2) Declaration. NCF assumes no responsibility for any publications produced solely by the students
of NCF.
(3) Definition. The term “publications” includes, but is not limited to brochures, pamphlets,
newsletters, magazines, flyers, student websites, student radio station, and other similar printed, online, and on-air publications.
(4) Disclaimer. Students who produce such publications do so independently without direction from
or supervision by the faculty and/or staff of NCF. NCF is not responsible for independent student
publications.
Originally adopted effective 9-29-04 as Rule 6C11-6.003, revised and adopted as Regulation 11-5-05.
Renumbered 6-29-10 with approval of the table of contents.
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1-1013 Use of College Name and Symbols.
(1) Purpose and Intent. In order to promote goodwill in the business community and increase the
visibility of NCF, the BOT will generally grant revocable, renewable licenses which enable third
party entities to use the NCF name and symbols for approved commercial, promotional and product
purposes.
(a) The BOT does not permit the use of the NCF name or symbols in commercial or other
advertising or promotional materials where such use implies endorsement of the advertiser or
product or service unless approved by the BOT.
(b) All requests for the commercial use of the NCF name or symbols should be referred to the
President or his/her designee. All requests from non-NCF third parties for non-commercial use of
the NCF name or symbols should be referred to the President or his/her designee. Organizational
units of NCF, registered student organizations and official NCF faculty and staff groups do not
require permission to use the NCF name and symbols for non-commercial purposes.
(2) Procedures.
(a) Persons interested in acquiring a license to use the NCF name or symbols for commercial
purposes must apply to the BOT through the President or his/her designee. Applicants shall state
with particularity the symbols they wish to use and the use they wish to make of the symbols. If
the symbols are to be placed on a product, a copy, example or detailed description of the product
should accompany the application.
(b) If the President or his/her designee determines the requested use is permissible, an agreement
outlining the terms and conditions of the license will be forwarded to the requestor. Before the
license is issued, the requestor must sign and return a copy of the agreement indicating agreement
with its terms to the President or his/her designee. All licenses shall expire and are renewable in
accordance with the terms of the agreement.
(c) Persons interested in acquiring a license to use the NCF name or symbols for non-commercial
purposes must apply to the BOT through the President or his/her designee. Applicants shall state
with particularity the symbols they wish to use and the use they wish to make of the symbols. If
the symbols are to be placed on a product, a copy, example or detailed description of the product
should accompany the application. If the BOT determines the requested use is permissible, a
letter outlining the terms and conditions of the license will be forwarded to the requestor. Before
the license is issued, the requestor must sign and return a copy of the letter indicating agreement
with its terms to the President or his/her designee.
(d) All such licenses shall expire and are renewable in accordance with the terms of the letter of
agreement.
Originally adopted 4-27-02 as NCF Policy 0-201, revised and adopted as Regulation 11-5-05.
Renumbered 6-29-10 with approval of the table of contents. Revised 9-11-10.
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1-1014 Naming of Buildings or Facilities
NCF may recognize the significance of events, individuals, or groups by naming NCF buildings, facilities
and campus open space areas or parts thereof, including lobbies, courtyards, plazas, offices, classrooms,
laboratories, auditoriums or other parts of buildings, facilities, or campus open space areas in honor of the
event, individual, or group in accordance with the criteria and procedures set forth in this regulation. The
naming of any building, facility or campus open space area must be approved by the BOT as a noticed,
non-consent agenda item. The naming of any part of a building, facility or campus open space area is
hereby delegated to the New College Foundation, Inc. to the extent provided hereafter. The President, or
his designee, in consultation with the Chair of the BOT and the president of the New College Foundation,
Inc. has authority and responsibility for the administration of this regulation as provided hereafter..
(1) Criteria.
(a) Buildings, facilities and campus open space areas and/or parts thereof may be named for an
event, group or individual or individuals, living or deceased, who are not NCF employees, but has
or have distinguished itself, or themselves through significant contributions to NCF. These
contributions may be in the form of material gifts, special service, extraordinary achievement in a
scholarly discipline, or magnanimous dedication to the betterment of NCF or society.
In accordance with s. 267.062, Florida Statues, an NCF building , facility, campus open space area,
or part thereof may not be named for any living person except as specifically provided by law and
BOG regulation. The honorary naming of buildings, facilities and campus open space areas or parts
thereof is not allowed for an active State University System member, including staff, faculty,
students, or trustees unless an exception is approved by the BOT and BOG.
(b) NCF buildings, facilities, campus open space areas or parts thereof shall not typically be named
for current or former NCF employees, living or deceased, subject to the following exceptions
1. In special and limited cases, the BOT may decide that the contributions of a current or former
NCF employee, living or deceased, were of such extraordinary dimensions that appropriate
recognition would include naming of a building, facility, campus open space area or part thereof
for that individual. Exceptions from (1) (b) also require approval from the BOG in the case of
the honorary naming of a building, facility or campus open space areas after a current NCF
employee.
(c). Non-gift related naming should be reserved for individuals who have made significant
contributions to NCF or to the State of Florida or to the fields of education, government, science or
human betterment and who are of recognized accomplishment and character.
(d) Buildings or facilities may be named for a donor or donors to NCF in accordance with the
following guidelines:
1. A building or facility may be named for a donor who makes a significant gift toward the total
cost or value of the building or facility; or
2. Donors may establish endowments to provide for the perpetual maintenance of existing
buildings, facilities or campus open space areas. Naming opportunities for the recognition of
such gifts are subject to approval by the BOT and, where applicable, the BOG. Information
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regarding such naming opportunities is available from the President or the New College
Foundation.
(2) Procedures.
(a) Nominations for the naming of buildings, facilities or campus open space areas shall be made
in writing to the President, or his/her designee, who, in consultation with the Chair of the BOT,
Provost and the president of the New College Foundation, Inc., shall provide a recommendation to
the BOT for consideration. Subject to the provisions of (2)(b), each nomination shall be
acknowledged and acted upon by the BOT.
(b) The BOT has final authority to approve the naming of buildings and facilities on behalf of the
College. Except where the final authority to name a part of building, facility or campus open space
area is otherwise vested by law or regulation in the BOT and/or BOG, the New College
Foundation, Inc. is hereby delegated the authority to name parts of a building or facility or campus
open space areas pursuant to a list of naming opportunities that has been pre-approved by the BOT.
The president of the New College Foundation shall develop and periodically update the list and
associated recommended contribution levels in consultation with the President and the Chair of the
BOT.
The President, or his designee, shall review all nominations and proposed gifts, and, after
consulting with the Chair of the BOT and president of the New College Foundation, may reject a
nomination or proposed gift if it is determined that acceptance of such nomination or proposed gift
by NCF would not be in the best interests of NCF or the State University System.
(3) Recognition. If the naming of a building, facility or campus open space area or part thereof is
approved by the BOT as provided hereunder, the President or his/her designee or the New College
Foundation shall coordinate appropriate recognition activities and events.
Originally adopted 4-27-02 as NCF Policy 0-202, revised and adopted as Regulation 11-5-05.
Renumbered 6-29-10 with approval of revised table of contents. Revised in response to BOG Regulation
9.005 on 9-11-10, amended 11-4-11.
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1-1015 Inventions and Works.
This Regulation recognizes and promotes the creativity of employees. It serves to reflect on the
contributions of the creators of inventions and works and the contributions of NCF in determining the
rights of ownership and use, and the distribution of equity interests related to applicable intellectual
property.
(1) Definitions. For the purpose of this regulation, the following definitions shall apply.
(a) The term “applicable intellectual property” is defined as any invention, creation, process,
innovation, discovery, improvement, electronic or digital system for information transfer,
software, writing, trademark, or drawing, the rights to use of which can be protected by Florida or
United States law or treaty.
(b) The term “applicable intellectual property” is further defined as that which has not been
developed through the independent efforts of its creator(s). Excluded from the definition of
“applicable intellectual property” are works for which the intended purpose is to disseminate the
results of academic research or scholarly study or of artistic creativity (such as books, articles,
electronic media, pictorial, graphic, or sculptural works, and musical compositions) and
institutional works covered by written contract. Also excluded from the definition of “applicable
intellectual property” are textbooks and ancillary materials, where textbooks are defined as books
that present educational subject matter intended for use in academic instruction, and ancillary
materials are defined as materials that normally accompany academic texts including software or
online information, exercises, demonstrations, or illustrations that are used by students or
instructors to supplement the text, as well as sample test questions or test banks, sample syllabi,
lesson plans, and class activities.
(c) The term “creator(s)” is defined as faculty, staff, and other persons employed by NCF,
whether full-time or part-time, visiting faculty or researchers.
(d) Independent Efforts. A work or invention made in the course of independent efforts is the
property of the employee, who has the right to determine the disposition of such work and the
revenue derived from such work. As used in this Section, the term "independent efforts" means
that:
1. The ideas came from the employee;
2. The work or invention was not made with the use of NCF support; and
3. For works, NCF is not held responsible for any opinions expressed in the work.
(3) Exercise of Rights by NCF. NCF shall not execute any rights in anything other than that which
meets the definition of applicable intellectual property or that in which it has written contractual
rights to do so.
(4) Funding through Grants. Where development of applicable intellectual property has been funded
in part or whole through funds that NCF played a role in obtaining, the contract, grant, scholarship, or
award involved shall determine the legal intellectual property rights therein and the distribution of
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any proceeds flowing from the development. If such matters are not covered entirely in writing by
the contract, grant, scholarship, or award, the language of this regulation shall apply to the extent such
matters are not covered.
(5) Development of Contract.
(a) A written contract between NCF and the creator(s) shall be developed in accordance with the
standards and guidelines set forth in this regulation, prior to the disposition of any of the net
revenue from any applicable intellectual property or the division of any equity interests therein.
1. The contract shall cover the entire time period for which the rights to the use of the
applicable intellectual property may be legally protected, as well as the proportionate division
of equity interests in the applicable intellectual property or the proportionate distribution of
the net revenue from the applicable intellectual property in lieu of division of the equity
interests.
2. “Net revenue” is defined as that remaining after deducting all direct NCF expenses
incurred in developing, obtaining protection for, and licensing, applicable intellectual
property.
3. In the absence of a written agreement to the contrary, multiple creators shall receive equal
portions of the creator(s)’ share of net revenue under contract.
4. If the contract provides that NCF retains the entire equity interest in the applicable
intellectual property, any proceeds from the sale of such equity interest shall be shared in the
same proportion as the disposition of net revenue provided by the contract.
5. The provisions of the contract shall be the only provisions subject to interest arbitration
under the grievance and arbitration procedures set forth in any collective bargaining
agreement or regulations of NCF.
(b) Guidelines.
1. The development of a work of intellectual property of a seemingly patentable or (if
applicable, copyrightable) nature should be reported fully and in writing to the President.
Within 60 days after such disclosure, the President will inform the creator(s) whether NCF
seeks an interest in the work.
2. NCF and the creator(s) will develop an agreement for the shared development and
protection of the work and the allocation of any net income.
a. Creator(s) as used in these guidelines shall include creator(s)’ heirs, successors, and
assigns.
b. The agreement may apportion equity interests between creator(s) and NCF, or may
distribute net revenues in accordance with an agreed formula, with NCF retaining
ownership of the entire equity interest, in which case NCF shall have no fiduciary duties,
and shall not act as a fiduciary with regard to the creator(s) interests.
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3. If no agreement is reached within 60 days of the President’s notification to the creator(s)
that NCF seeks an equity interest in a work, and if NCF and the creator(s) do not agree in
writing to extend the negotiating period, equity interests and revenue will be apportioned with
50% assigned to the creator(s), and the remaining 50% assigned to NCF.
4. Until such an agreement is reached or interests are divided per these guidelines, creator(s)
shall not have the right to enter into any licensing agreement or assignment of the applicable
intellectual property without the written consent of NCF.
5. The proceeds received by NCF shall be used to support research and development
activities, and technology transfer activities.
(6) Limitation of Rights. NCF shall not make a condition of employment the signing of any
agreement that limits an employee’s rights in the employee’s works beyond the limitations imposed
by this Regulation.
Specific Authority section 1001.74 Florida Statutes. Law Implemented 1001.74(19) Florida Statutes.
New rule approved on 1-28-04 as 6C11-8.011. Approved as regulation 1-29-08. Renumbered 6-29-10
with approval of new table of contents. Revised 9-11-10.
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1-1016 ADA.
NCF complies with the requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101,
and all other Federal and State laws and regulations prohibiting discrimination on the basis of disability or
handicap. In order to comply with section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990, NCF strives to afford people with disabilities equal opportunity and full
participation in all aspects of college life. To that end, it is the policy of NCF to provide equal
employment and admission opportunity for, and to make reasonable accommodation to employ and admit
the disabled, and assist disabled students in independent living and self-sufficiency as required by law.
(1) Unlawful discrimination based on disability is unacceptable conduct that will not be tolerated at
NCF.
(2) The President or his or her designee is responsible for coordinating compliance with these
policies.
(3) Public Accommodations. Sponsors of programs and events, such as campus cinemas, lectures and
speakers, must advise potential attendees who may require reasonable accommodation to participate
that such accommodation must be requested of the program sponsor at least five (5) working days
prior to the event. Normally, the accommodation will be provided and funded by the program
sponsor; however, requests for assistance and questions may be directed to Student Disability
Services. Final decisions on public accommodations issues will be made by the Vice President for
Finance and Administration.
(4) Employees.
(a) Application.
1. NCF may consider the skills, knowledge and/or experience of an applicant with a disability
as attributes which could contribute to the diversity goals of NCF.
2 Applicants are entitled to request reasonable accommodation in the application process,
e.g., alternative application format or assistance in completion of the application, at least five
(5) working days prior to time accommodation needed.
3. NCF may make pre-employment inquiry as to an applicant's ability to perform essential
job functions with or without reasonable accommodation and invite an applicant to give five
(5) working days notice of any reasonable accommodation needed during the
recruitment/hiring process. Otherwise, NCF not make pre-employment inquiry as to
disability. Medical/Disability records are kept separate in Human Resources/Employee
Relations files.
4. Pre-employment physical exams may be required for those positions for which there is a
bona fide job related physical requirement, however, if such exams will be required of
persons with a disability then those exams must also be given to all persons seeking the
position after conditional job offers are made.
(b) Employment.
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1. NCF will not unlawfully discriminate against its employees on the basis of disability and
will provide accessibility and reasonable accommodation to its employees with regard to any
aspect of employment including fringe benefits, training, conferences, professional meetings
and recreational/social activities sponsored by NCF. To request a reasonable accommodation
under the Americans with Disabilities Act (ADA), an employee of NCF must:
a. Submit a written request outlining the requested accommodation(s) to his/her
immediate supervisor. Provide a copy of the request to appropriate Human Resources
staff.
b. Attach documentation to the written request, including diagnosis of a disability, from
the employee's primary health care practitioner. "Primary health care practitioner" is
defined as a medical doctor, psychiatrist, or licensed psychologist.
2. The employee's supervisor will provide the appropriate Human Resources staff with:
a. A copy of the employee's position description which enumerates the essential and
marginal functions of the job. Should the supervisor need assistance in determining the
essential functions of the position, the supervisor may consult with the appropriate
Human Resources staff.
b. A brief statement outlining the potential impact of the requested accommodation upon
the department.
3. In consultation with the supervisor, the appropriate Human Resources staff will:
a. Determine and, if appropriate, offer an appropriate and reasonable accommodation to
the employee and direct supervisor via memorandum.
b. Assign an "Accommodation Request Number" (ARN) for internal processing.
4. NCF employees scheduled for either domestic or international travel and who are
requesting an ADA reasonable accommodation for such should submit their request a
minimum of five (5) working days in advance of the scheduled travel.
5. The responsibility for funding the cost of a reasonable accommodation rests with the
employee's department. Should a department demonstrate that funds do not exist, the
department supervisor should then refer a request for co-funding to the next highest
administrative level. Final decisions on employee disability issues for will be made by the
Vice President for Finance and Administration.
(5) Students
(a) Applications
1. Disability Accommodation. To protect the individual’s legal rights, Admissions will not
make any pre-admission inquiries or documentation requests in regard to a disability unless
the student appeals a denial of admission.
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2. An individual with a documented disability may wish to be considered for admission on
the basis of a reasonable substitution for an admissions requirement so long as the
substitution does not alter the fundamental nature of the requirement (section 1007.264,
Florida Statutes and section 1007.265, Florida Statutes). In the case of applicants with
disabilities, NCF will grant reasonable substitution or modification of any admission
requirement pursuant to Board of Governors Regulation 6.018, where NCF’s Student
Disabilities Services coordinator reviews the documentation submitted by the applicant and
assesses that the failure of the applicant to meet the requirement is due to his or her disability,
and the Dean of Enrollment Services & Information Technology determines that substitution
or modification does not constitute a fundamental alteration of NCF’s academic program. The
applicant should submit evidence that any unmet requirement is due to his or her disability,
and would not constitute a fundamental alteration of NCF’s academic program.
3. The applicant may appeal the decision regarding substitution or modification to the
President. The President’s decision on appeal shall constitute NCF’s final decision.
(b) Academic and Student Affairs Accommodations
1. Student Disability Services (SDS) in the Counseling and Wellness Center, 5800 Bay Shore
Road, Sarasota, Florida, arranges accommodations for, determines the disability status of,
and, in conjunction with staff and faculty, identifies success strategies for disabled students.
2. Success strategies and accommodations include but are not limited to, extended time on
examinations, alternate formats for printed materials, and the services of interpreters.
3. Student Disability Services can be reached through the Counseling and Wellness Center at
941-487-4254.
4. Students with disabilities are invited to identify themselves as having a disability and are
responsible for registering with SDS by providing appropriate documentation of their
disabilities. Information received by SDS is confidential.
5. Once a student is approved for services, he or she will be provided with ways to access
accommodations.
a. An informational letter will be prepared for each of the student’s professors.
b. The student is then responsible for following up with the faculty.
c. Faculty cooperation is vital to institutional compliance with the Americans with
Disabilities Act of 1990.
(6) Miscellaneous.
(a) Confidential documentation prepared in connection with requests for accommodation will be
maintained apart from other personnel, student or other records.
(b) NCF may request any person seeking accommodation to provide documentation of a specific and
generally recognized physical or mental impairment that shows that the specific modification being
requested is appropriate and necessary for the diagnosed disability.
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(c)The General Counsel is available to assist with questions concerning ADA and the law and should
be notified in the event an accommodation requestor retains a lawyer or otherwise makes claims in an
external legal or administrative forum.
Approved as Policy 0-004 on 4-7-02. Renumbered 6-29-10 with approval of table of contents. Revised 911-10.
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2-1001 General Provisions.
The NCF BOT is vested with the authority to govern and administer NCF as necessary to carry out its
mission in accordance with law, and regulations and agreements of the BOG. Chapter 2 of the
Regulations of NCF shall constitute the By-laws of the BOT.
New 11-5-05. Originally adopted 9-29-01 as By-laws of the Board of Trustees of NCF, amended 11-0301, 5-25-01, 7-15-01, 8-24-02, 2-8-03, and 2-5-05; revised and adopted as Regulation 11-4-05. Revised
11-6-10.
NCF Regulations Manual, Chapter 2 - Board of Trustees
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2-1002 Membership.
(1) Composition. The BOT is composed of thirteen (13) citizen members dedicated to the purposes of
the State University System, six (6) of whom shall be appointed by the Governor, and five (5) of
whom shall be appointed by the BOG. The appointed members shall be confirmed by the Senate. The
BOT shall be a body corporate with the powers and duties established by Article IX, section 7 of the
Constitution of the State of Florida, and the BOG resolution dated January 7, 2003. In addition, the
student body president and the chair of the faculty senate, or the equivalent, shall be members. There
shall be no residency requirement for College BOT members, but the Governor shall consider
diversity and regional representation.
(2) Terms. BOT members will serve staggered terms of five (5) years as provided by law. BOT
members shall receive no compensation but may be reimbursed for travel and per diem expenses as
provided in section 112.061, Florida Statutes.
(3) Vacancy. A vacancy on the BOT is filled by appointment by the Governor for the unexpired term.
Members shall continue to hold office until their successors have been appointed and have qualified.
(4) Removal. BOT members may be removed by the Governor for cause or upon recommendation of
the BOG. Three (3) consecutive unexcused absences from regular Board meetings in any fiscal year
may be grounds for removal. If any BOT member fails to attend three consecutive regular meetings in
any fiscal year, the Chair shall notify the Governor of such failure to attend.
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2-1003 Meetings.
Meetings of the BOT are of two kinds: regular meetings (of which one is the Annual Meeting) and special
meetings.
(1) Regular Meetings. Regular meetings of the BOT shall be called by the Chair not less than four (4)
times a year for the purpose of approving the minutes of regular BOT meetings and Executive
Committee meetings, and for considering such other business as may properly be brought before it.
(2) Annual Meeting. The first regular meeting after July 1 shall be the Annual Meeting. The purpose
of the Annual Meeting shall be to receive a report on the state of NCF by its President, to elect
officers and the Executive Committee, and to conduct such other business as may properly come
before the meeting. At the meeting at which a Chair is selected, the retiring Chair shall preside pro
tempore if he/she is still a member of the BOT; if not, the retiring Vice Chair. If no officer or retiring
officer remains on the BOT, the first named BOT member is the temporary Chair and will call for the
election of a Chair pro tem. A Chair pro tem shall be elected by the BOT to preside at the election of
a new Chair.
(3) Special Meetings. Special meetings of the BOT may be called by the Chair or any three (3)
members at such dates, times and places as may be specified in the call for the meeting.
(4) Notice. Notice of the time and place of the Annual Meeting and all regular meetings of the BOT
shall be sent by the Secretary to each member at least one (1) week before such meeting accompanied
by an agenda of those matters scheduled to be raised for consideration and by the minutes of such
Executive Committee meetings as may have been held since the BOT’s last annual or regular
meeting. Written notice of all special meetings shall be sent by the Secretary at least three (3) days in
advance of the meeting. All notices of special meetings shall be sent to the address of record of each
member and shall include the item or items of business to be considered. No matter may be
considered at any special meeting that was not included in the call of that meeting except by a twothirds vote of the trustees present at the meeting.
(5) Quorum. Seven (7) members shall constitute a quorum for the conduct of business by the full
BOT, except in those instances where a different quorum may be required by other statutory
provisions. BOT members may participate via teleconference if they are unable to physically attend
the meeting.
(6) Vote. Approval of any proposal at any meeting of the BOT shall require the affirmative vote of a
majority of those members present. BOT members shall be required to vote on all proposals made at
any meeting; provided, however, that no member shall participate in any matter in which that BOT
member has a conflict of interest as set forth in section 112.3143, Florida Statutes, without first
complying with the disclosure requirements set forth therein.
(7) Open Meeting Requirements. All meetings of the BOT and its committees will be considered
open as provided in the Florida Government in the Sunshine Act.
(8) Agenda. For the Annual Meeting and each regular meeting, the President shall have prepared, in
consultation with the Chair of the BOT, an agenda comprising such matters as the BOT, the Chair,
the President and the chair of each standing committee shall refer for consideration. After receiving
the Chair’s approval, the Secretary shall mail a copy of this agenda to each member of the BOT at
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least one (1) week prior to the meeting of the BOT. Matters which arise subsequent to the sending of
the agenda and prior to the convening of the meeting of the BOT shall be presented to the BOT at the
time of the meeting as determined by the President in consultation with the Chair.
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2-1004 Powers and Duties of the BOT. Pursuant to Article IX, section 7 of the Constitution of the State
of Florida and BOG resolution dated January 7, 2003, BOT Regulation 1-1001 and the State University
System Governance Agreement dated march 24, 2010, the BOT shall have the following status, powers,
duties and responsibilities:
(1) The BOT shall be a public body corporate by the name of "The New College of Florida Board of
Trustees," with all the powers of a body corporate, including the power to adopt a corporate seal, to
contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or
equity, and to give and receive donations. In all suits against the BOT, service of process shall be
made on the Chair of the BOT or, in the absence of the Chair, on the corporate secretary or designee.
(2) The BOT is not a department of the executive branch of state government within the scope and
meaning of Article IV, section 6 of the Constitution of the State of Florida.
(3) The BOT is constituted as a public instrumentality, and the exercise by the BOT of the power
conferred by this section is considered to be the performance of an essential public function. The
corporation is subject to chapter 119, Florida Statutes, subject to exceptions applicable to it, and to the
provisions of chapter 286, Florida Statutes; however, the corporation shall be entitled to provide
notice of internal review committee meetings for competitive proposals or procurement to applicants
by mail, email, web posting, or facsimile rather than by means of publication. The corporation is not
governed by chapter 607, Florida Statutes. The corporation shall maintain coverage under the State
Risk Management Trust Fund as provided in chapter 284, Florida Statutes.
(4) No bureau, department, division, agency, or subdivision of the State shall exercise any
responsibility and authority to operate NCF except as specifically provided by law or regulation or
agreement of the BOG. This regulation shall not prohibit any department, bureau, division, agency, or
subdivision of the state from providing access to programs or systems or providing other assistance to
NCF pursuant to an agreement between NCF and such department, bureau, division, agency, or
subdivision of the State.
(5) The BOT shall be a corporation primarily acting as an instrumentality or agency of the state,
pursuant to section 768.28(2), Florida Statutes, for purposes of sovereign immunity.
(6) Whenever appointed by any competent court of the State, or by any statute, or in any will, deed, or
other instrument, or in any manner whatever as trustee of any funds or real or personal property in
which any of the institutions or agencies under its management, control, or supervision, or their
departments or branches or students, faculty members, officers, or employees, may be interested as
beneficiaries, or otherwise, or for any educational purpose, the BOT is hereby authorized to act as
trustee with full legal capacity as trustee to administer such trust property, and the title thereto shall
vest in said board as trustee. In all such cases, the BOT shall have the power and capacity to do and
perform all things as fully as any individual trustee or other competent trustee might do or perform,
and with the same rights, privileges, and duties, including the power, capacity, and authority to
convey, transfer, mortgage, or pledge such property held in trust and to contract and execute all other
documents relating to said trust property which may be required for, or appropriate to, the
administration of such trust or to accomplish the purposes of any such trust.
(7) Deeds, mortgages, leases, and other contracts of the BOT relating to real property of any such
trust or any interest therein may be executed by the BOT, as trustee, in the same manner as is
provided by the laws of the State for the execution of similar documents by other corporations or may
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be executed by the signatures of a majority of the members of the BOT; however, to be effective, any
such deed, mortgage, or lease contract for more than 10 years of any trust property, executed hereafter
by the BOT, shall be approved by a resolution of the BOG; and such approving resolution may be
evidenced by the signature of either the chair or the secretary of the BOG to an endorsement on the
instrument approved, reciting the date of such approval, and bearing the seal of the BOG. Such signed
and sealed endorsement shall be a part of the instrument and entitled to record without further proof.
(8) Any and all such appointments of, and acts by, the BOG as trustee of any estate, fund, or property
prior to May 18, 1949, are hereby validated, and said board's capacity and authority to act as trustee
until July 1, 2001, in all of such cases is ratified and confirmed; and all deeds, conveyances, lease
contracts, and other contracts heretofore executed by the BOG, either by the signatures of a majority
of the members of the board or in the board's name by its chair or chief executive officer, are hereby
approved, ratified, confirmed, and validated.
(9) Nothing herein shall be construed to authorize the BOT to contract a debt on behalf of, or in any
way to obligate, the State; and the satisfaction of any debt or obligation incurred by the BOT as
trustee under the provisions of this section shall be exclusively from the trust property, mortgaged or
encumbered; and nothing herein shall in any manner affect or relate to the authority of the State
Board of Education.
(10) The BOT shall be responsible for cost-effective policy decisions appropriate to NCF’s mission,
the implementation and maintenance of high quality education programs within law and rules of the
BOG, the measurement of performance, the reporting of information, and the provision of input
regarding state policy, budgeting, and education standards.
(11) The BOT is vested with the authority to govern NCF, as necessary to provide proper guidance
and direction to carry out its mission in accordance with law and with regulations, resolutions and
agreements of the BOG. The Board shall perform all duties assigned by law or by the BOG.
(12) The BOT shall have the power to take action without a recommendation from the President and
shall have the power to require the President to deliver to the BOT all data and information required
by the BOT in the performance of its duties.
(13) The BOT may adopt regulations pursuant to the regulation development procedure adopted by
the BOG on July 19, 2005 to implement the provisions of law conferring duties upon it. Such
regulations must be consistent with regulations, rules, and resolutions of the BOG.
(14) The BOT shall have the authority to acquire real and personal property and contract for the sale
and disposal of same and approve and execute contracts for the purchase, sale, lease, license, or
acquisition of commodities, goods, equipment, contractual services, leases of real and personal
property, and construction. The acquisition may include purchase by installment or lease-purchase.
Such contracts may provide for payment of interest on the unpaid portion of the purchase price. Title
to all real property acquired prior to January 7, 2003, and to all real property acquired with funds
appropriated by the Legislature shall be vested in the Board of Trustees of the Internal Improvement
Trust Fund and shall be transferred and conveyed by it. Notwithstanding any other provisions of this
subsection, the BOT shall comply with the provisions of section 287.055, Florida Statutes for the
procurement of professional services as defined therein.
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(15) The BOT shall have responsibility for the use, maintenance, protection, and control of NCF
owned or NCF controlled buildings and grounds, property and equipment, name, trademarks and
other proprietary marks, and the financial and other resources of NCF. Such authority may include
placing restrictions on activities and on access to facilities, firearms, food, tobacco, alcoholic
beverages, distribution of printed materials, commercial solicitation, animals, and sound. The
authority vested in the BOT in this subsection includes the prioritization of the use of space, property,
equipment, and resources and the imposition of charges for those items.
(16) The BOT has responsibility for the establishment and discontinuance of degree programs up to
and including the master's degree level; the establishment and discontinuance of course offerings;
provision of credit and noncredit educational offerings; location of classes; services provided; and
dissemination of information concerning such programs and services. Approval of new programs
must be pursuant to criteria established by the BOG.
(17) The BOT is authorized to create divisions of sponsored research pursuant to the provisions of
section 1011.411, Florida Statutes to serve the function of administration and promotion of the
programs of research.
(18) The BOT has responsibility for: ensuring that students have access to general education courses
as identified in regulation and requiring no more than one hundred and twenty (120) semester hours
of coursework for baccalaureate degree programs unless approved by the BOG. At least half of the
required coursework for any baccalaureate degree must be offered at the lower-division level, except
in program areas approved by the BOG.
(19) The BOT has responsibility for policies related to students, enrollment of students, student
activities and organizations, financial assistance, and other student services. Specifically:
(a) The BOT shall govern admission of students pursuant to section 1007.261, Florida Statutes
and regulations of the BOG. The BOT may consider the past actions of any person applying for
admission or enrollment and may deny admission or enrollment to an applicant because of
misconduct if determined to be in the best interest of NCF.
(b) The BOT shall establish student performance standards for the award of degrees and
certificates.
(c) The BOT must identify its core curricula and work with school districts to ensure that its
curricula coordinate with the core curricula and prepare students for college-level work.
(d) The BOT must adopt a written anti-hazing regulation, appropriate penalties for violations of
such regulation, and a program for enforcing such regulation.
(e) The BOT may establish a uniform code of conduct and appropriate penalties for violations of
its rules by students and student organizations, including rules governing student academic
honesty. Such penalties, unless otherwise provided by law, may include fines, the withholding of
diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of
probation, suspension, or dismissal.
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(f) The BOT shall establish a committee, at least one-half of the members of which shall be
students appointed by the student body president, to periodically review and evaluate the student
judicial system.
(g) The BOT must adopt a policy pursuant to section 1006.53, Florida Statutes that reasonably
accommodates the religious observance, practice, and belief of individual students in regard to
admissions, class attendance, and the scheduling of examinations and work assignments.
(h) The BOT may establish intrainstitutional and interinstitutional programs to maximize
articulation pursuant to s. section 1007.22, Florida Statutes.
(i) The BOT shall approve the internal procedures of student government organizations.
(20) The BOT shall establish fees pursuant to the State University System Governance Agreement
dated March 24, 2010, BOG regulation and delegation, and sections 1009.24 and 1009.26, Florida
Statutes.
(21) The BOT shall submit an institutional budget request, including a request for fixed capital outlay,
and an operating budget to the BOG for approval in accordance with guidelines established by the
BOG.
(22) The BOT shall account for expenditures of all state, local, federal, and other funds in the manner
described by the BOG.
(23) The BOT shall develop a strategic plan specifying institutional goals and objectives for NCF for
recommendation to the BOG.
(24) The BOT shall develop an accountability plan pursuant to guidelines established by the BOG and
statute.
(25) The BOT shall maintain an effective information system to provide accurate, timely, and costeffective information about NCF, and shall ensure that all data and reporting requirements of the
Chancellor of the State University System are met.
(26) The BOT is authorized to secure comprehensive general liability insurance pursuant to section
1004.24, Florida Statutes.
(27) The BOT may provide for payment of the costs of civil actions against officers, employees, or
agents of the board pursuant to section 1012.965, Florida Statutes.
(28) The BOT shall establish the personnel program for all employees of NCF, including the
President, pursuant to the provisions of chapter 1012, Florida Statutes and, in accordance with rules
and guidelines of the BOG, including: compensation and other conditions of employment,
recruitment and selection, nonreappointment, standards for performance and conduct, evaluation,
benefits and hours of work, leave policies, recognition and awards, inventions and works, travel,
learning opportunities, exchange programs, academic freedom and responsibility, promotion,
assignment, demotion, transfer, tenure and permanent status, ethical obligations and conflicts of
interest, restrictive covenants, disciplinary actions, complaints, appeals and grievance procedures, and
separation and termination from employment. The Department of Management Services shall retain
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authority over College employees for programs established in sections 110.123, 110.1232, 110.1234,
and 110.1238 and in chapters 121, 122, and 238, Florida Statutes.
(29) The BOT may consider the past actions of any person applying for employment and may deny
employment to a person because of misconduct if determined to be in the best interest of NCF.
(30) The BOT shall appoint a presidential search committee to make recommendations to the full
BOT, from which the BOT may select a candidate for ratification by the BOG.
(31) The BOT shall conduct an annual evaluation of the President in accordance with rules of the
BOG and submit such evaluations to the BOG for review. The evaluation must address the
achievement of the performance goals established by the accountability process implemented
pursuant to section1008.46, Florida Statutes and the performance of the President in achieving the
annual and long-term goals and objectives established in the institution's employment equity
accountability program implemented pursuant to section 1012.95, Florida Statutes.
(32) The BOT constitutes the contracting agent of NCF.
(33) The BOT may enter into agreements for, and accept, credit card payments as compensation for
goods, services, tuition, and fees.
(34) The BOT may establish educational research centers for child development pursuant to section
(35) The BOT may develop and produce work products relating to educational endeavors that are
subject to trademark, copyright, or patent statutes pursuant to section 1004.23, Florida Statutes.
(36) The BOT shall submit to the BOG, for approval, plans for all new campuses and instructional
centers.
(37) The BOT shall administer a program for the maintenance and construction of facilities pursuant
to chapter 1013, Florida Statutes.
(38) The BOT shall ensure compliance with the provisions of section 287.09451, Florida Statutes for
all procurement and sections 255.101 and 255.102, Florida Statutes for construction contracts, and
rules adopted pursuant thereto, relating to the utilization of minority business enterprises, except that
procurements costing less than the amount provided for in CATEGORY FIVE as provided in section
287.017, Florida Statutes shall not be subject to section 287.09451, Florida Statutes.
(39) The BOT may exercise the right of eminent domain pursuant to the provisions of chapter 1013,
Florida Statutes. Any suits or actions brought by the BOT shall be brought in the name of the BOT,
and the Department of Legal Affairs shall conduct the proceedings for, and act as the counsel of, the
BOT.
(40) Notwithstanding the provisions of section 253.025, Florida Statutes, the BOT may, with the
consent of the Board of Trustees of the Internal Improvement Trust Fund, sell, convey, transfer,
exchange, trade, or purchase real property and related improvements necessary and desirable to serve
the needs and purposes of NCF.
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(a) The BOT may secure appraisals and surveys. The BOT shall comply with the rules of the
Board of Trustees of the Internal Improvement Trust Fund in securing appraisals. Whenever the
BOT finds it necessary for timely property acquisition, it may contract, without the need for
competitive selection, with one or more appraisers whose names are contained on the list of
approved appraisers maintained by the Division of State Lands in the Department of
Environmental Protection.
(b) The BOT may negotiate and enter into an option contract before an appraisal is obtained. The
option contract must state that the final purchase price may not exceed the maximum value
allowed by law.
The consideration for such an option contract may not exceed ten (10) percent of the estimate
obtained by the BOT or ten (10) percent of the value of the parcel, whichever is greater, unless
otherwise authorized by the BOT.
(c) This subsection is not intended to abrogate in any manner the authority delegated to the Board
of Trustees of the Internal Improvement Trust Fund or the Division of State Lands to approve a
contract for purchase of state lands or to require policies and procedures to obtain clear legal title
to parcels purchased for state purposes. Title to property acquired by the BOT prior to January 7,
2003, and to property acquired with funds appropriated by the Legislature shall vest in the Board
of Trustees of the Internal Improvement Trust Fund.
(41) The BOT shall prepare and adopt a campus master plan pursuant to section 1013.30, Florida
Statutes.
(42) The BOT shall prepare, adopt, and execute a campus development agreement pursuant to section
(43) The BOT has responsibility for compliance with state and federal laws, rules, regulations, and
requirements.
(44) The BOT may govern traffic on the grounds of that campus pursuant to section 1006.66, Florida
Statutes.
(45) The BOT has responsibility for supervising faculty practice plans for the academic health science
centers.
(46) The BOT shall prescribe conditions for direct-support organizations and NCF health services
support organizations to be certified and to use NCF property and services. Conditions relating to
certification must provide for audit review and oversight by the BOT.
(47) The BOT shall actively implement a plan, in accordance with guidelines of the State Board of
Education, for working on a regular basis with the other university boards of trustees, representatives
of the community college boards of trustees, and representatives of the district school boards, to
achieve the goals of the seamless education system.
(48) Notwithstanding the provisions of section 216.351, Florida Statutes, the BOT may authorize the
rent or lease of parking facilities, provided that such facilities are funded through parking fees or
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parking fines imposed by NCF. The BOT may authorize NCF to charge fees for parking at such
rented or leased parking facilities.
(49) The BOT may adopt rules and procedures related to data and technology, including information
systems, communications systems, computer hardware and software, and networks. Such policies and
procedures shall ensure that each institution participate fully and efficiently in statewide management
information systems.
(50) The BOT shall ensure that each institution participates fully in statewide programs that advance
articulation, access, equity, financial assistance and accountability as provided by law or rule.
(51) The BOT shall perform such other duties as are provided by law or by the BOG.
(52) In addition to the duties and responsibilities enumerated herein, NCF and the BOT shall have
those duties and responsibilities as may be specifically delegated by the BOG and as may be provided
by law or agreement and shall act consistent with those responsibilities.
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2-1005 Officers of the BOT.
(1) Officers. The Officers of the BOT shall consist of the Chair, the Vice Chair, and the Secretary.
(2) Election. At the Annual Meeting, the BOT shall elect from its own body a Chair, who shall
preside at meetings, a Vice Chair, and a Secretary. The President shall serve as Secretary of the BOT.
However, the BOT may appoint assistant secretary to assist the President or to serve in the President’s
stead.
(3) Term. The officers may serve two-year terms and may be reselected for one additional
consecutive term. Where any officer is unable to complete the entire two-year term, an election shall
be held to fill the unexpired portion.
(4) Chair. The duties of the Chair shall be as follows:
(a) To preside over all meetings of the BOT and, in that capacity, to fix the order of business, call
special meetings of the BOT, attest to actions of the BOT, appoint all standing and special
committees, require the proper preservation of records of the BOT’s proceedings by the
Secretary, and notify the Governor in writing whenever a board member fails to attend three
consecutive meetings in any fiscal year.
(b) Without diminishing the right of individual trustees to publicly express their personal views,
the Chair of the BOT, unless otherwise determined by the BOT or the Chair, shall act as
spokesman for the BOT.
(c) To sign all diplomas, certificates or degrees issued by the institution.
(d) To execute all deeds, contract, agreements or other legal documents authorized by the Board.
(e) To attend official functions of NCF as the representative of the BOT.
(f) To carry out such other acts and functions as the BOT may from time to time direct.
(g) Whenever the office of the President becomes vacant or a vacancy is impending, the Chair
shall appoint a Special Committee on the Nomination of a President to seek and recommend to
the BOT a person to fill the vacancy. This special committee shall be responsible to the Chair and
shall consist of no fewer than five (5) members.
(5) Vice Chair. The duties of the Vice Chair shall be as follows:
(a) In the absence of the Chair, to preside at meetings of the BOT.
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(b) To serve in the place and stead of the Chair upon the disability of the Chair or at such other
times and circumstances when directed by the Chair.
(c) To perform such other duties as the BOT from time to time may direct.
(6) The President. The President is the chief executive officer of the corporation and the corporate
Secretary of the BOT. The President is responsible for the operation and administration of NCF. The
President is responsible to the BOT, and shall be charged with carrying out the policies and plan of
the BOT in achieving the stated goals and objectives of NCF. In consultation with the Chair of the
BOT, the President shall set the agenda for meetings of the BOT, as set out more fully under these
By-laws. Specific duties of the President relating to the management of the affairs of NCF are set out
in 2-2001 to 2-2003 of these regulations.
(7) Other Personnel. In addition, the BOT shall appoint, upon recommendation of the President, such
other personnel of NCF as the BOT may from time to time deem appropriate.
(8) Selection and Removal of the President. The President shall be elected by the BOT and may be
removed only by assent of two-thirds of the whole number of trustees. The President shall attend all
meetings of the BOT and shall have notice of and the privilege of attending all meetings of its
committees.
(9) Presidential Review. The BOT shall adopt a statement of priorities for the year which shall
include the President’s initiatives and obligations. These statements, along with standards of
performance to be developed by the BOT, will become the performance plan by which the BOT
evaluates the President. At least once per year, the BOT will discuss the President’s performance. The
BOT will provide the President with a written summary of its evaluation.
(10) Secretary. The duties of the Secretary—who is also the President—shall be as follows:
(a) To attend all meetings of the BOT and to provide for preparation and maintenance of all the
minutes of the meetings of the BOT and of all other records or documents pertaining to actions of
the BOT. The BOT may prescribe appropriate regulations with respect to access to said records.
(b) To provide for the issuance of all notices required pursuant to these By-laws.
(c) To be custodian of the corporate seal of NCF.
(d) To carry out such other duties as the BOT may from time to time prescribe.
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2-1006 Committees. The committee system of the BOT shall be composed of the Executive Committee,
standing committees and special committees. In addition to the appointed members, the Chair of the BOT
shall be an ex officio member of all standing and special committees.
(1) Executive Committee. At each Annual Meeting, the BOT Chair shall appoint from among BOT
membership an Executive Committee composed of eight (8) members. These eight members shall
consist of the BOT Chair, who shall serve as Chair, BOT Vice Chair and the six (6) Chairs of the
BOT’s standing committees to be elected by the Board. Nominations for these six (6) positions on the
Executive Committee may be made by any trustee, and if there are more than six nominations, a vote
shall be taken and the results shall be announced jointly by the Chair of the BOT and the Secretary.
Any vacancy on the Executive Committee shall be filled for the unexpired term at the next regular
meeting of the BOT and by vote if there is more than one nomination. The President shall serve as an
ex-officio member of the Executive Committee.
(a) The Executive Committee shall meet upon the call of the Chair of the BOT. It shall consider
all matters referred to it by the Chair or the President and shall, in the interim between meetings
of the BOT, be vested with the powers and authority of the full BOT and shall take such action on
all matters that may be referred to it as in its judgment is required. All such actions taken by the
Executive Committee in the interim between meetings of the BOT shall be reported to the BOT at
the next regular meeting and shall be confirmed and approved by the BOT at that time.
(b) All BOT members may fully participate in Executive Committee meetings. However, voting
will be limited to members of the Executive Committee.
(c) The Executive Committee will act in the name of the BOT only on matters which need
immediate action or are of an emergency nature. The Executive Committee will authorize
expenditures only during times of emergency.
(2) Standing Committees. The standing committees of the BOT shall consist of the Finance and
Administration Committee, Audit Committee, Academic Affairs Committee, Student Affairs and
Athletics Committee, External Affairs Committee and the Strategic Planning Committee. The number
to be appointed to each standing committee shall be determined by the Chair of the BOT at the time
of appointment. However, no committee shall consist of fewer than three members. The Chair of the
BOT may appoint non-BOT members to any standing committee, except that no College management
or other employees may serve on the Audit Committee; provided, however, that only BOT members
shall chair standing committees.
(a) The standing committees shall be nominated by the Chair of the BOT and appointed at the
Annual Meeting of each year, and at the time of appointment, the BOT shall elect the chair of
each committee. A vacancy on any committee shall be filled by the Chair of the BOT for the
unexpired term, and the Chair of the BOT shall have the power to change the membership of any
standing committee at any time. Each standing committee shall meet at the call of the committee
chair, or the Chair or the Secretary of the BOT.
(b) The committee secretary shall prepare an agenda for each committee meeting in consultation
with the Chair and shall attend the meeting.
(c) In addition to the duties of the standing committees as listed below, each committee shall
consider such other matters as may be referred to it by the BOT, the Chair of the BOT, the
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President, or the committee chair, and shall make and report its recommendations as required to
the BOT and to the President. No standing committee has power or authority to commit the BOT
to any policy or action unless specifically granted such power or authority by the BOT.
(3) Finance and Administration Committee. The Finance and Administration Committee shall be
responsible for all matters relating to NCF’s financial affairs and business operations, including all
matters relating to buildings and grounds. The Committee shall continually analyze the various
financial operations, activities, and plans of NCF and make appropriate recommendations to the BOT
to ensure achievement of NCF’s stated goals and objectives. It shall be responsible for in-process
guidance, review and analysis of the preparation of NCF’s annual budget, capital outlay budget, and
other budget requests for submission to the BOG. The Committee shall conduct the same type of
review and analysis of the annual maintenance and operation budget.
(a) It shall review and make a recommendation to the BOT concerning the annual budget and the
setting of tuition rates, student fees, and other student charges. The Committee shall ensure that
budget materials are submitted to the BOT in a way that is timely and facilitates BOT review.
(b) On behalf of the BOT, it shall approve the investment of endowment and other funds, the
purchase of real and personal property, and it shall make progress reports to the BOT on its
actions.
(c) The Committee shall review the contractual policies of NCF to ensure conformance with State
regulations and with sound business and ethical practices. It shall review and make
recommendations to the BOT on proposed contracts or agreements which are major and/or not
routine and which the Committee shall consider to be of particular interest or concern to the BOT.
(d) It shall ensure that NCF complies with restrictions on gifts and report periodically to the BOT
on those gifts.
(e) It shall exercise oversight over the care, maintenance, and security of NCF’s buildings and
grounds; the selection of architects and the construction and naming of new buildings; the care
and preservation of all furnishings and equipment; and such other matters relating to the buildings
and grounds of NCF as may come before it.
(4) Audit Committee. The Audit Committee shall be responsible for all matters relating to NCF’s
financial reporting and internal controls. It shall provide oversight of the integrity of NCF’s financial
statements; the independence and qualifications of its Independent Auditor; the performance of
NCF’s internal audit process; interaction with the State Auditor General’s Office; and NCF’s
compliance with legal, regulatory and internal NCF policies. At least one member of the Committee
shall be designated as the Committee’s financial expert.
(a) The Committee shall be responsible for the appointment, compensation, retention, dismissal
and oversight of the work of any public accounting firm engaged (including the resolution of
disagreements between management and the auditor regarding financial reporting) for the
purpose of preparing or issuing an audit report or performing other audit, review or attest services
for NCF. The Independent Auditor shall report directly to the Committee.
(b) The Committee shall review the annual audited financial statements with management and the
Auditor General, including NCF’s disclosures; review with management and the Independent
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Auditor the scope of any audit and significant accounting policies and audit conclusions; provide
a basis for direct exchanges of views and information between the Committee and the
Independent Auditor or Auditor General concerning unresolved differences between management
and the Independent Auditor or Auditor General arising from any audit, any failure of internal
controls, or any other significant financial or accounting matters or any other matter which, in the
opinion of the Auditor, are not receiving adequate management attention.
(c) The Committee shall review and approve the audit plan prepared by the Independent Auditor
regarding objectives and activities, including any major changes to the scope of the audit plan.
(5) Academic Affairs Committee. The Academic Affairs Committee shall have responsibility in all
matters relating to educational policies and programs. Its powers shall include but not be limited to
appraising all proposed new programs and degrees and monitoring the conduct of existing programs;
reviewing policies concerning the selection, appointment, compensation, tenure, rights and
responsibilities, conditions, development and retention of the faculty; developing procedures
governing the appointment and promotion of faculty for use by the President; reviewing all proposals
for the organization of the academic structure of NCF; reviewing the adequacy of instructional
facilities; reviewing policies governing the admission of students to NCF and periodically reviewing
experience with application of such policies and such other matters relating to the policies and
programs as may be brought before it by the President or referred to it by the BOT.
(a) As a general matter, the Academic Affairs Committee will not sit in review of specific salary
complaints or other faculty grievances. Faculty members will be expected to follow the
procedures set out specifically for faculty to resolve such complaints.
(6) Student Affairs and Athletics Committee. The Student Affairs and Athletics Committee shall be
responsible in all matters relating to nonacademic student affairs and athletics. It shall exercise
oversight over student conduct, residential and social life, student government, student organizations
and extracurricular activities, student publications, food services, health and such other matters
relating to student affairs as may be brought to its attention. The Committee shall have oversight over
athletic policy and programs, both intramural and intercollegiate.
(7) External Affairs Committee. The External Affairs Committee shall have responsibility in all
matters pertaining to public communications. It shall consult and coordinate with the New College
Foundation in matters pertaining to College development, alumni affairs, and programs that promote
private donations to and alumni support of NCF, including related activities undertaken directly by
NCF offices on NCF’s behalf.
(8) Strategic Planning Committee. The Strategic Planning Committee shall be responsible for
defining and developing a strategic plan for NCF and recommending the plan to the full BOT, as
provided by law, specifying the institutional goals and objectives of NCF.
(9) Special Committees. The Chair of the BOT may appoint special committees of the BOT as
required for the benefit of the BOT and NCF. Such committees shall consist of no fewer than three
members appointed by the Chair of the BOT and shall have a life of not to exceed one year unless
renewed for a specific period by action of either the BOT or the Chair of the BOT. At the time a
special committee is created, its mission shall be specifically established either by action of the BOT
or written direction of the Chair of the BOT and the resolution shall specify the time the special
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committee is to make its report to the BOT. The Chair may appoint non-BOT members to any special
committees; provided, however, that only BOT members shall chair special committees.
(10) Quorum. A quorum for the Executive Committee and all standing and special committees of the
BOT shall consist of one-third of the appointed members of the Committee, except in no case shall
the number be fewer than two.
(11) Service on Committees. The maximum number of standing committees a trustee may serve on
shall be three. Unless otherwise stipulated, committee members shall be appointed for one year. No
BOT member shall be chair of more than one committee.
(12) BOT Discretion Regarding Committees. The duties and responsibilities and terms of
membership on committees of the BOT shall be defined by the BOT and may be changed from time
to time.
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2-1007 Delegation of Certain Responsibilities. The BOT may extend authority in writing to other
officers or entities pursuant to its statutory obligations. The BOT may, from time to time, amend or
withdraw any such authorization issued pursuant to this article.
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2-1008 Indemnity. The BOT may pay civil costs for actions against trustees.
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2-1009 Adoption and Amendment of By-laws.
(1) Amendment of By-Laws. The By-laws of the BOT may be amended by a two-thirds vote of the
BOT at the Annual Meeting or at any regular or special meeting provided that the proposed
amendments are conveyed to the members of the BOT at least ten days in advance of the meeting in
which they are to be acted upon. Certified copies of amendments or of the amended By-laws shall be
forwarded to the Governor.
(2) Subsequently Enacted Statues. The enactment of any statute by the Legislature, or the amendment
of any existing statute, inconsistent with these By-laws shall take precedence over the provisions
hereof.
(3) Service of Process. Service of process may be made on Chair of the BOT, or in the Chair’s
absence, on the Secretary.
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2-1010 Miscellaneous.
(1) Service of Process. Service of process may be made on the Chair of the BOT, or in the Chair’s
absence, on the Secretary or his or her designee.
(2) Meeting Procedures According to Robert’s Rules of Order. The BOT will conduct all business
according to the By-laws, as amended. All meetings shall be conducted in accordance with the
principles of procedure prescribed in Robert’s Rules of Order.
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2-1011 Ethics and Conflict of Interest.
(1) Purpose and Scope.
(a) Purpose. The purpose of this regulation is to establish clear policies for ethics and conflicts of
interest on the part of NCF Trustees and the BOT.
(b) Scope. Trustees are “state officers” as defined in section 112.313(1), Florida Statutes, and are
accordingly subject to the requirements of the Florida Code of Ethics for Public Officers and
Employees set out in sections 112.311-112.326, Florida Statutes. This regulation is intended to
supplement provisions of the Florida Code of Ethics for Public Officers and Employees.
(2) General Statement. The welfare of NCF shall at all times be paramount and take precedence over
any and all personal, parochial, and business conflicts of interest thereby ensuring that a Trustee’s
independence of judgment is not compromised, and that the public’s confidence and NCF’s
confidence for the integrity of the BOT are preserved, and that NCF’s public mission is protected and
served.
(3) Definition of Conflict of Interest. “Conflict of interest” means a situation in which regard for a
private interest tends to lead to disregard of duties related to NCF or the interests of NCF. A Trustee
shall be considered to have a conflict of interest if
(a) Such Trustee has existing or potential financial or other interests that impair or might
reasonably appear to impair such member’s independent, unbiased judgment in the discharge of
his or her responsibilities to the College, or
(b) Such Trustee is aware that a member of his or her family, or any organization in which such
Trustee (or member of his or her family) is an officer, director, employee, member, partner,
trustee, or controlling stockholder, has such existing or potential financial or other interests.
(4) Reporting and Prohibited Conduct.
(a) Any potential conflict of interest or uncertainty regarding a conflict of interest shall be
brought to the immediate attention of the BOT.
(b) A trustee is not prohibited from voting on any matter, however a trustee voting upon any
measure which would inure to the Trustee’s special private gain or loss, or the special gain or loss
of a relative or business associate of the Trustee, shall disclose the nature of his or her interest in a
public record in a memorandum filed with the Clerk, who shall incorporate the memorandum in
the minutes of the BOT meeting.
(c) The BOT has legal authority to give direction to the President of NCF. Unless specifically
referred by the President, Trustees shall not intervene in relations with other administrators,
faculty, staff or students. Complaints made to any Trustee shall be referred directly to the
President.
(d) Trustees are prohibited from soliciting or accepting gifts, loans, or anything of value based
upon the understanding that the Trustee’s official action(s) or judgment would be influenced by
such a gift. Further, a Trustee or a Trustee’s spouse or minor child may not accept any
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compensation, payment or thing of value when the Trustee knows or with exercise of reasonable
care should know is given to influence official actions of the Trustee.
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2-2001 General Provisions—The President.
The President is the chief executive and academic officer of the NCF and corporate secretary to the BOT.
The President is responsible for the operation and administration of NCF. The President is responsible to
the Board, and shall be charged with carrying out the policies and plan of the Board in achieving the
stated goals and objectives of NCF.
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2-2002 Powers. As the chief executive and academic officer of NCF and corporate secretary to the Board,
the President shall have the power and duty to:
(1) Recommend the adoption of regulations, as appropriate, to the BOT to implement provisions of
law governing the operation and administration of NCF, which shall include the specific powers and
duties enumerated in this section. Such regulations shall be consistent with the mission of NCF and
the rules, regulations, resolutions and policies of the Board of Governors.
(2) Prepare a budget request and an operating budget for approval by the BOT.
(3) Establish and implement policies and procedures to recruit, appoint, transfer, promote,
compensate, evaluate, reward, demote, discipline, and remove personnel, within law and rules and
resolutions of the BOG and in accordance with rules or policies approved by the BOT.
(4) Govern admissions, subject to law and rules, regulations, resolutions or policies of the BOT and
the BOG.
(5) Approve, execute, and administer contracts for and on behalf of the BOT for licenses; the
acquisition or provision of commodities, goods, equipment, and services; leases of real and personal
property; and planning and construction to be rendered to or by NCF, provided such contracts are
within law and rules, regulations, and resolutions of the BOG and in conformance with policies of the
BOT, and are for the implementation of approved programs of NCF. The President shall comply with
the provisions of section 287.055, Florida Statutes for the procurement of professional services and
may approve and execute all contracts on behalf of the Board for planning, construction, and
equipment. For the purposes of a President's contracting authority, a "continuing contract" for
professional services under the provisions of section 287.055, Florida Statutes is one in which
construction costs do not exceed $1 million or the fee for study activity does not exceed $100,000.
(6) Act for the Board as custodian of all College property.
(7) Establish the internal academic calendar of NCF within general guidelines of the BOG.
(8) Administer NCF’s program of intercollegiate athletics.
(9) Recommend to the Board the establishment and termination of undergraduate and master's-level
degree programs within the approved role and scope of NCF.
(10) Award degrees.
(11) Recommend to the Board a schedule of tuition and fees to be charged by NCF, within law and
rules and resolutions of the Board of Governors.
(12) Organize NCF to efficiently and effectively achieve the goals of NCF.
(13) Review periodically the operations of NCF in order to determine how effectively and efficiently
NCF is being administered and whether it is meeting the goals of its strategic plan.
(14) Enter into agreements for student exchange programs that involve students at NCF and students
in other postsecondary educational institutions.
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(15) Provide purchasing, contracting, and budgetary review processes for student government
organizations.
(16) Ensure compliance with federal and state laws, rules, regulations, and other requirements that are
applicable to NCF.
(17) Maintain all data and information pertaining to the operation of NCF, and report on the
attainment by NCF of institutional and statewide performance accountability goals.
(18) Adjust property records and dispose of state-owned tangible personal property in NCF’s custody
in accordance with procedures established by the BOT. Notwithstanding the provisions of section
287.55(5), Florida Statutes, all moneys received from the disposition of state-owned tangible personal
property shall be retained by NCF and disbursed for the acquisition of tangible personal property and
for all necessary operating expenditures. NCF shall maintain records of the accounts into which such
moneys are deposited.
(19) Have vested with the President or the President's designee the powers, duties, and authority that
is vested with NCF.
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Chapter 3—Administrative Affairs
3-1001 Write Off of Unaccounted for Property Inventory.
This regulation establishes guidelines for the proper handling of property inventory write-offs. It is the
responsibility of the department or division to ensure that property that is on NCF’s inventory is disposed
of appropriately with proper accountability. Occasionally property is deemed missing during our annual
physical inventory. When a property inventory item is unaccounted for, then it is submitted for approval
to be written off NCF’s inventory.
(1) Definitions. The following words shall have the indicated meanings for the purposes of this
regulation.
(a) “Unaccounted for Property” shall mean property of a custodian which cannot be physically
located by the custodian or custodian’s designee and which has not been otherwise properly
disposed of or accounted for during the physical inventory.
(b) “Property” shall mean all personal property of a non- consumable and non-expendable nature,
other than real estate, the value or cost of which is $5,000 or more and the normal expected life of
which is one year or more.
(c) “Physical Inventory” shall mean the assessment conducted once per year by the property
custodian’s designee with assistance from the purchasing staff, if needed.
(d) “Property Custodian” shall typically be the executive, dean, director, department head, or
chair who has signature authority for a department or division.
(2) Criteria for Recognizing Unaccounted for Property. If during the annual physical inventory
process an item is not located or scanned by any department or division at then that item is deemed
missing. The item will remain on that department or division’s college inventory records for the first
year it is unaccounted for. Departments and divisions have a responsibility to continue to actively
search for all items reported as unaccounted for property. During the subsequent year, if the item is
still not located nor scanned by any department or division at NCF then the item will be officially
deemed as unaccounted-for property. Prior to finally deeming the property to be unaccounted for or
missing, the custodian shall investigate whether violation of any applicable laws, regulations, or
policies contributed to the loss of property, and shall consult with the NCF Police Department.
(3) Write Off of Unaccounted for Property. The Business Office will compile a list of all such
unaccounted for property items for submission to the President or his/her designee for write off. The
President or the President’s designee may authorize the write off of any unaccounted for property of
NCF.
(4) Review and Responsibility. The Controller shall be responsible for implementing this regulation.
Approved as new regulation on 11-15-07. Revised 9-11-10; 9-10-11
NCF Regulations Manual, Chapter 3 – Administrative Affairs
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3-1002 Tuition and Fees Schedule.
(1) Purpose. This regulation establishes tuition and fees to be assessed at New College of Florida for the
2011-2012 Academic Year pursuant to Florida Board of Governors’ Resolutions adopted on January 7,
2003 and July 21, 2005; Section 1009.24, Florida Statutes (2003); and the Florida General Appropriations
Act (2011).
(2) Definitions.
(a) Tuition. Tuition shall be defined as fees assessed to students for enrollment in credit courses at the
College. Tuition consists of the following fees, depending on whether a student is a Florida resident
or non-resident:
1. Florida resident tuition, comprised of the following, shall be defined as the fees charged an
enrolled student who qualifies as a Florida resident as defined in Rule 6C-7.005, F.A.C:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Matriculation Fee;
Tuition Differential Fee;
Student Financial Aid Fee;
Capital Improvement Trust Fund Fee;
Building Fee;
Health Fee;
Athletic Fee;
Activity and Service Fee;
Technology Fee
Sustainability “Green” Fee
2. Non-Florida resident tuition, comprised of the following, shall be defined as the fees charged an
enrolled student who does not qualify as a Florida resident as defined in Rule 6C-7.005, F.A.C.:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Matriculation Fee;
Tuition Differential Fee;
Non-Resident Fee;
Student Financial Aid Fee;
Non-Resident Student Financial Aid Fee;
Capital Improvement Trust Fund Fee;
Building Fee;
Health Fee;
Athletic Fee;
Activity and Service Fee;
Technology Fee
(b) Fees. Fees shall be defined as assessments for particular services provided by the College that do
not relate directly to enrollment in credit courses. Fees include housing rental fees; housing room
fees and damage fees; meal plan rates; parking permit rates; parking fines; course material and supply
fees, including laboratory fees; technology fees; and special fees, fines and penalties.
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(3) Tuition for 2011-2012 Academic Year. The following tuition shall be levied and collected for the
fall semester 2011 and the spring semester 2012 for each student regularly enrolled, unless otherwise
provided for herein:
Fee per Student Credit Hour (SCH)
Florida Resident
Matriculation
Tuition Differential
Non-Florida Resident Fee
$103.32
21.42
—
$103.32
21.42
609.23
5.16
5.16
—
2.44
2.32
16.65
4.58
6.28
5.16
1.00
30.46
2.44
2.32
16.65
4.58
6.28
5.16
1.00
Student Financial Aid Fee
Non-Florida Resident Student
Financial Aid Fee
Capital Improvement Fee
Building Fee
Activities and Service Fee
Health Fee
Athletic Fee
Technology Fee
Total per SCH
$ 168.33
Tuition Calculation Example
Fall Semester – with individual study
(20 SCH)
Spring Semester (16 SCH)
Total Annual Tuition
Non-Florida Resident
Florida Resident
$3,366.60
$2,693.28
$6,059.88
$ 808.02
Non-Florida Resident
$16,160.40
$12,928.32
$29,088.72
(a) Each student enrolled in the same undergraduate college-credit course more than twice, shall be
assessed an additional $159.87 per credit hour charge in addition to the matriculation fees outlined
above for each such course.
(4) Housing Rental Rates. All housing contracts are inclusive of the Fall and Spring Terms. Rates set
out below are per person.
Room Type
Palmer B
Palmer B Preferred
Dort/Goldstein/New Halls
New Halls Studio Single
Pei Single
Pei Double
Pei Triple
Pei Resident Assistant (RA)
Palmer B RA
Dort/Goldstein/New Halls RA
Fall
$ 3,140.28
$ 3,343.34
$ 4,294.29
$ 4,934.93
$ 4,910.62
$ 3,266.12
$ 2,482.48
$ 819.39
$ 786.50
$ 1,075.36
Updated 11-4-11
Spring
$2,521.68
$ 2,718.90
$ 3,420.00
$ 3,950.10
$ 3,931.86
$ 2,634.54
$ 2,001.84
$ 660.06
$ 630.42
$ 856.14
Total
$ 5,661.96
$ 6,062.24
$ 7,714.29
$ 8,885.03
$ 8,842.48
$ 5,900.66
$ 4,484.32
$ 1,479.45
$ 1,416.92
$1,931.50
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(5) Housing Room Fees Including Damage Fees.
Description:
(a) Housing Deposit Fee
(b) Student Initiated Room Change Charge
(c) Improper Check-out Fee
(d) Failure to vacate room by designated checkout date
$200.00 plus appropriate daily rate
$100.00 plus cleaning
$4.33-27.21/day
$13.48-25.00/person/day
(plus applicable sales tax)
Conference Housing Rate, plus sales tax
$25.00-40.00/person/day
Grant-Funded Housing Rate
Rates will be determined on a grant by grant basis
Food Service Conference Rate, plus sales tax
Varies, based on
menu selected and quantity
Occupant Induced Fumigation
$25.00-50.00 for each treatment
Replacement Key (during the academic year)
$24.00
Replace Lock Core
1. Pei/Viking/Palmer B (includes 2 replacement keys)
$148.00
2. Dort/Goldstein (includes 4 replacement keys)
$196.00
Paint Room
1. Whole room, prorated otherwise
$640.00
2. High ceiling rooms
$640.00/wall
3. Extra treatment required
Materials plus labor
Slats for blinds (each)
$15.00
Damaged/Missing Furniture
Repair/Replacement Cost
1. Waste Baskets
$25.00
2. Smoke Detectors
$100.00
3. Screens
$175.00
4. Light Fixtures
$175.00-1,000.00
5. Toilet Tissue Dispensers
$60.00
6. Robe Hooks
$35.00
7. Closet Racks
$100.00
8. Door Signs
$25.00
9. Light Switch and Outlet Plates
$15.00
Damaged Carpet
Repair/Replacement Cost, $50.00/carpet square
Items on Doors/Windows/Mirrors (per item removed)
$5.00
Extra Cleaning
$25.00/hour, minimum $25.00
Trash Removal
$10.00/hour
Carpet Cleaning
Cost to clean, minimum $75.00
Broken/Cracked Window or Door Glass
Damaged Bathroom Fixtures
Room Door Damage
Graffiti/Art Removal – Cement/Brick Surfaces
Furniture Removal
1. Heavy
$25.00/hour, $75.00 minimum
2. Light
$25.00/hour, $25.00 minimum
(e) Unauthorized pet in room
(f) Winter Break Housing Fee
(g) Student Summer Housing Rates
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
$100.00
$20.00
$50.00
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(6) Meal Plan Rates. All meal plan contracts are inclusive of Fall and Spring Terms.
Meal Plan
First Year/Pei
B Dorm
Apartment Plan
Commuter
Fall
$1,470.63
$1,088.52
$ 472.35
$ 214.32
Spring
$1,226.40
$ 892.64
$ 384.16
$ 212.80
Total
$2,697.03
$1,981.16
$ 856.51
$ 427.12
Fees include buying power in the dining hall, 7 percent sales tax, and a 10 percent food service auxiliary
charge calculated on the buying power amounts.
(7) Parking Permit Rates.
Type
Staff – Annual
Staff – Semester
Student – Annual
Student – Semester
Motorcycle
Monthly Permits
Value Lot - Annual
Value Lot – Semester
Amount
$75.00
$37.50
$75.00
$37.50
$ 5.00
$10.00
$25.00
$12.50
The appropriate parking permit fee will be waived for staff and students showing proof of a currently
active NCF vehicle license tag issued by the Florida Department of Motor Vehicles.
Replacement Cost for Lost or Stolen Permits
First Replacement:
$10.00 or full permit price, whichever is less
Second Replacement:
$10.00 or full permit price, whichever is less
Third Replacement:
Full Permit Price
(8) Parking Fines.
Violation Description:
Amount
Unauthorized parking in disabled space
$275.00
Blocking access to disabled space or ramp
$275.00
Unauthorized parking in a reserved space – 1st time
$35.00
Unauthorized parking in a reserved space – 2nd time, subsequent offenses
$75.00, plus
immediate immobilization or tow
Unauthorized parking in a service drive
$25.00
Unauthorized parking on grass
$25.00
No current permit displayed
$25.00 w/ first citation dismissed
upon permit purchase
Unauthorized parking in state vehicle space
$30.00
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Parking out of assigned area during restricted hours
Blocking traffic
Parking in a “no parking zone” or barricaded area
Unauthorized removal and/or damage to a clamp
Displaying a revoked, altered, lost, stolen or counterfeit permit
Blocking a ramp
Double parked or parked over the line
Overtime violation
Improper parking permit display
Parking in an angled parking space facing traffic
Late payment of violation
All bicycle parking violations
$30.00
$30.00
$30.00
$125.00, plus replacement or repair
cost to device and parking privileges
restricted or revoked for one year.
$125.00, plus immediate
immobilization or tow and parking
restricted or revoked for one year
$75.00
$15.00
$15.00
$15.00
$15.00
$10.00
$15.00
(9) Facility Licensing Fees
Venue licensing fees are established as follows:
COMMERCIAL
Sainer
Isermann Gallery
PepsiCo Arcade & Forum
$150/hour, 2 hour minimum – 14 hour maximum
Classroom (various sizes/locations)
$50 - $100/hour, 2 hour minimum
Sudakoff
Entire Facility
Center Section
Classroom
College Hall – Music Room, Living Room
Patio and Bay Front: Weddings
July 1 – August 1
NCF Current Student/Employee
$700.00
NCF Alumni
$1,500.00
Non-Affiliates
$2,500.00
Wedding Rehearsal (all)
$150 for 2 hours
All Other Times
$700.00
$2,500.00
$3,500.00
$150 for 2 hours
College Hall – Music Room, Living Room, Patio, Excluding Bay Front (other events)
College Hall – Music Room
College Hall – Living Room & Patio
Set-Up/Clean-Up/Reset Services
Up to 200 people
200-300 people
Updated 11-4-11
$50.00
$150.00
REGULATIONS MANUAL
300-400 people
Additional Cleaning Fee when food is served
Chairs, Folding
Tables, 6’
$200.00
$100.00
$5.00 ea
$10.00 ea
Equipment Fee (apply to all spaces)
Remote/Laser Pointer
$25.00 ea
Podium w/Shure microflex mic
$45.00 ea
Michrophones/Shure microflex
$30.00 ea
Handheld Sennsheiser mics
$35.00 ea
Wireless Lavaliere
$50.00 ea
Overhead Projector
$50.00 ea
TV/VCR/DVD
$50.00 ea
Multimedia cart (with LCD or DLP projector, computer, DVD/VCR combo
$350.00 ea
Remote and pointer for multimedia cart
$35.00 ea
Easel, metal, tripod (4 max)
$5.00 ea
Services
On-site OPS personnel, parking, and support
$12.00/hour
On-site AV technician (outside normal hours)
$40.00/hour
NON-PROFIT
Sainer
Isermann Gallery
PepsiCo Arcade & Forum
Classroom (various sizes/locations)
Sudakoff
Entire Facility
Center Section
Classroom
$25-$50/hour, 2 hour minimum
$ 90/hour, 2 hour minimum – 10 hour maximum
Up to 200 people
200-300 people
300-400 people
Chairs, folding
Tables, 6’
Miscellaneous Non-Wedding Events
Bay Front at College Hall, with no building or dock access
Updated 11-4-11
$50.00
$150.00
$200.00
$5.00 ea
$10.00 ea
$150.00/hour
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STUDENT, STAFF & FACULTY FEES – COLLEGE HALL, NON-WEDDING EVENTS
Up to 200 people
200-300 people
300-400 people
Chairs, folding
Tables, 6’
Additional Services/Fee
On-site OPS personnel, parking and support
On-site AV technician (outside normal hours)
Miscellaneous Non-Wedding Events
Bay Front at College Hall, no building or dock access
$50.00
$150.00
$200.00
$5.00 ea
$10.00 ea
$12.00/hour
$40.00/hour
$100.00/hour
(10) Material and Supply Fees including Laboratory Fees. The following fees are assessed per
student per course.
(a) Organic Chemistry
$55.00
(b) Biochemistry
$135.00
(c) Physical Chemistry
$50.00
(d) Field Ecology
$12.00
(e) Cell Biology
$150.00
(f) Organismic Biology
$150.00
(g) Toxicology Lab
$35.00
(h) Advanced Physics Lab
$35.00
(i) Optics/Laser
$35.00
(j) Drawing I
$10.00
(k) Painting I
$50.00
(l) Painting II
$50.00
(m) Sculpture – Beginning
$65.00
(n) Sculpture– Intermediate/Advanced
$75.00
(o) Mold Making and Casting
$75.00
(p) Woodworking
$75.00
(q) Welding
$50.00
(r) Kinetic Art
$50.00
(s) Plant Physiology
$50.00
(t) All other labs
$25.00
(u) Entomology Lab (other lab)
$40.00
(v) Genetics – Part 1 & 2 (other lab)
$50.00
(w) Neurobiology/Behavior (other lab)
$35.00
(x) Chemistry Inquiry Lab (other lab)
$35.00
(y) Inorganic Lab (other lab)
$100.00
(z) Analog Electronics Lab (other lab)
$80.00
(aa) Thesis/Tutorial ISP (other lab)
$55.00
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REGULATIONS MANUAL
(11) Special Fees, Fines and Penalties. The following special fees, fines and penalties shall be levied
and collected as provided hereafter:
(a) Application Fee – Individuals who make application for admission to the College shall pay a nonrefundable Application Fee
$30.00
(b) Admissions Deposit Fee – Individuals who are accepted to the College shall pay a non-refundable
admissions deposit fee of $200.00 that shall be applied to the student’s tuition upon enrollment. If the
student does not enroll, the fee shall be applied to financial aid, scholarships, financial assistance or
student academic and career counseling services.
(c) Late Registration Fee – Students who fail to initiate registration in the regular registration
period shall be assessed a late Registration Fee
$100.00
(d) Late Payment Fee – Students who fail to pay, or make appropriate arrangements for payment
(installment payment, deferment, or third-party billing), of tuition by the deadline set by the College,
which shall be no later than the end of the first week of classes, shall be assessed a Late Payment Fee
$100.00
(e) Late Contract Fee
$100.00
(f) Returned Check Fee
$25.00
(g) Overdue Library Book – per book/unit, per day
(declared lost after 40 days)
$0.25
(h) Overdue Reserve Library Book – per item, per day
$5.00
(i) Overdue Recalled Book or Unit
$2.50 per item, per day
(j) Lost/Damaged Book or Unit $100.00 or replacement costs
(l) Security/Access/Identification Card
1. Initial
$10.00
2. All duplicates – free if original damaged and returned, otherwise
$10.00
(n) All breakage and lost library materials
Replacement Cost + overdue fine
(o) Overdue Laptop Computer (per hour)
$5.00
(p) Lost or Damaged Laptop Computer
(Repair/Replacement Cost not to exceed $2,000.00 plus $20.00 Service Charge)
(q) Lost key – (includes cylinder charge)
$124.00
(r) Equipment Damage or Loss
$50.00/hr labor + repair/replacement cost
(s) Interlibrary Loans (overdue out-of-state materials)
$10.00 + cost of item
(u) Transcript Fee
$10.00
(v) Diploma Replacement Fee
$10.00
(w) Failure to appear at a meeting scheduled to address student disciplinary issues or
failure to follow lawful instructions of College officials
$10.00
(x) Student disciplinary fines ranging from $5.00 to $100.00 may be assessed when a student
fails to perform disciplinary measures directed by the Office of the Dean of Students. In
determining the amount of an assessment, the Dean of Students or the Judicial Officer shall
consider the extent to which the disciplinary measure related to activities that threatened the
health and safety of others; resulted in property damage; insulted or threatened others on
account of race, national origin, religion, gender, sexual orientation, gender identity, or
gender expression; or was hostile or demeaning to another member of the College
community.
(y) Installment Payment Plan
$15.00
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Specific Authority: Article IX, Section 7(c), Constitution of the State of Florida; Florida Board of
Governors Resolutions dated 1-7-2003 and 7-21-2005; Sections 1001.74(2), (4), (41), 1009.24,
Florida Statutes.
Law Implemented: Section 1009.24, F.S.; Florida General Appropriations Act, 2011
History: Adopted as revised 6-18-11. Adopted 6-29-10 as revised 5-15-10 replacing the Tuition and
Fee Regulation for the 2009-2010 academic year adopted on June 13, 2009 adopted as a new regulation
on 10-30-05; previously adopted as Emergency Regulation 2005-01 and as Emergency Rule 6C-11 ER0501; rules setting tuition and fees at New College for prior years were published as Chapter 6C11-4.003,
Florida Administrative Code.
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REGULATIONS MANUAL
3-1003 [6C11 4.002] Waiver of Tuition and Fees
(1) Assessment of Tuition and Fees. Tuition and fees shall be assessed in accordance with State of
Florida Board of Education Rule Chapter 6C-7, F.A.C.
(a) Registration Procedures – In order to register:
1. The student must supply all information and satisfy all conditions of eligibility required by
New College of Florida.
2. The student must pay all assessed tuition and fees or arrange payment agreement to include
satisfaction of all amounts due and delinquent to the College.
(b) Registration Periods – These periods are defined in the New College of Florida Catalog and
other College publications. A student who initiates registration after an applicable registration
period shall incur a $100.00 late registration fee. Registration may be initiated, on an exceptional
basis, after the end of a late registration period if:
1. Requested by the student;
2. Justified by extraordinary circumstances including, but not limited to, administrative error;
and
3. Approved by the President or President's designee.
(c) Educational Contract Submission Period – The Educational Contract Submission Period shall
begin on the first day of classes for the term and end as specified in the College catalog, but not
later than the tenth day of classes. An educational contract may be accepted on an exceptional
basis after the end of the Educational Contract Submission Period if:
and
3. Approved by the President or President’s designee.
(d) Tuition and Fee Liability –
1. Tuition and fees for the term shall be based on the educational contract and independent
study projects remaining on the record at the close of the Educational Contract Submission
Period.
2. No tuition and fees shall be assessed, and no credit shall be awarded, for an educational
contract or independent study project dropped during the Educational Contract Submission
Period.
3. If a student adds an independent study project on an exceptional basis, tuition and fees for
the added independent study project shall be assessed.
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(2) Payment of Tuition and Fees. Tuition and fees must be paid by the close of the late registration
period to avoid assessment of a $50.00 late payment fee unless appropriate arrangements for payment
of tuition and fees have been made in accordance with subsections (3) and (4) of this policy, i.e.,
installment payment and deferment respectively. Failure to satisfy this requirement will result in
cancellation of the educational contract and independent study project. Payment of tuition and fees
may be made in person during scheduled office hours published in the New College of Florida
Catalog and other College publications for each term. Payments that are made by mail must be
postmarked by a U.S. Post Office by the respective tuition payment deadline listed in the Academic
Calendar in order to be considered timely paid.
(3) Payment of Tuition and Fees in Installments. When a student experiences an unexpected financial
hardship that makes it impossible to make full payment of assessed tuition and fees by the payment
deadline, the student may request approval to pay in installments. Approval of this request will
require the payment of at least 50% of the tuition and fee liability and the execution of a promissory
note by the end of the late registration period. The remaining amount shall be paid no later than the
beginning of the second half of the academic term.
(4) Deferred Payment of Tuition and Fees.
(a) Recipients of VA Benefits – Upon application by the student, the President or President’s
designee may award to eligible VA benefit recipients one 60-day payment deferment each
academic year.
(b) Delay of Financial Aid – Students who have completed and submitted the required documents
for financial aid by the last day of the late registration period for the term and who appear to be
eligible for financial aid, may request a tuition and fees deferment contract.
(c) Third Party Agreements – Tuition and fees will be deferred for any student when a third party
has agreed in writing to pay them. The written agreement must identify the student, the third party
and billing address and amount(s) to be paid.
(5) Reinstatement of a Student’s Cancelled Educational Contract or Independent Study Project. A
student whose educational contract or independent study project has been cancelled for financial
reasons may request reinstatement through the fourth week of classes. Upon approval for
reinstatement, tuition and fees, the late registration fee, if applicable, the late payment fee and other
debts owed the College must be paid in full by cash, money order, or cashier’s check before
reinstatement will be effected. After the fourth week of classes, a request for reinstatement must be
made to the Registrar. Approval will be granted only when extraordinary circumstances warrant such
approval.
(6) Refund of Tuition and Fee Payment. The College authorizes certain refunds of tuition and fees,
less deductions for unpaid debts to the College. The late registration fee and late payment fee are nonrefundable fees.
(a) 100% of the applicable tuition and fees will be refunded if the student cancels an educational
contract or drops an independent study project or causes his/her enrollment at the College to be
terminated by the Registrar’s Office prior to the end of the late registration period and submits a
completed Refund Request Form.
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(b) 25% of tuition and fees, less building and capital improvement fees, will be refunded if the
student cancels an educational contract or drops an independent study project or causes his/her
enrollment at the College to be terminated by the Registrar’s Office prior to the end of the fourth
week of classes, or at an appropriate time as designated by the College for summer sessions, and
submits a completed refund request.
(c) 100% of tuition and fees will be refunded when a student withdraws or cancels an educational
contract or drops an independent study project due to circumstances determined by the
Registrar’s Office to be exceptional and beyond the control of the student. Determination will be
based on review of a completed written refund request submitted by the student to the Registrar’s
Office. These circumstances include but are not limited to:
1. Illness of a student of such severity or duration, as confirmed in writing by a physician, to
preclude completion of the course(s),
2. Death of the student or death in the immediate family (parent, spouse, child, or sibling),
3. Involuntary call to active military duty, or
4. A situation in which the College is in error.
(d) Written request for refund must be presented to the Registrar within six (6) months of the
close of the term to which the refund is applicable.
(e) Pursuant to Public Law 102-325, the Higher Education Amendments of 1992, students
attending the College for the first time who withdraw are entitled to a pro rata refund of tuition,
fees, room and board.
(f) A student, who receives financial aid and subsequently changes the enrollment status that
results in a refund in accordance with this section, will have the appropriate share of the refund
returned to the College’s financial aid programs in accordance with the Financial Aid Policy on
Refunds and Repayments.
(7) Cancellation of Registration for Nonpayment of Tuition and Fees and Returned Checks in
Payment of Tuition and Fees. Reasons for Cancellation:
(a) Current Term – A student’s current term registration may be cancelled for nonpayment of
tuition and fees and for returned checks in payment of tuition and fees, if financial aid or VA
benefits were not received for the term.
(b) The Registrar will attempt to notify students by certified mail of possible registration
cancellation for nonpayment of tuition and fees and for returned checks in payment of tuition and
fees. This notification must include the specific reason for proposed cancellation and the deadline
for payment before cancellation will be made. In addition, the notice of possible cancellation
must inform the student that cancellation of registration will result in his/her record appearing as
if he/she had never attended the College during that term and that he/she will receive no credit for
the educational activities engaged in during that term. Notice should be sent to the student’s last
Updated 11-4-11
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known address. Students will also be placed on pending for future registrations, transcripts,
diplomas, etc. until the Registrar’s office has completed the cancellation.
Specific Authority 1001.74 FS. Law Implemented 1001.74, 1010.03 FS. History–New 1-28-04. Deemed as
regulation by BOG on March 24, 2005.
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3-1009 Cellular Telephone Acquisition and Use.
The Internal Revenue Service considers cell phones to be “Listed Property” and treats employee provided
cell phones and monthly charges paid by the employer to be taxable income to the employee unless the
employee can show that the cell phone was used for business purposes pursuant to IRS Section 274(d)
(4). This requires the employee to maintain detailed records regarding each cell phone call, including the
amount of the expense, the time and place of each call, and the business purpose for each call.
The IRS can declare that all undocumented use of a cell phone is personal and treat the monthly cell
phone charges as wages even if the calls were for business purposes. Consequently, NCF will no longer
purchase cell phones for use by individual employees. Employees whose duties include using a cell
phone may receive extra compensation in the form of a cell phone allowance as reimbursement for
business-related costs of purchasing cell phones and paying monthly fees. All other employees may
submit infrequent business-related cell phone expenses for incidental reimbursement.
(1) Definitions.
(a) “Cell phone” shall mean any device that is used to make or receive wireless calls, including
any device that provides e-mail and Web functions such as a BlackBerry or Treo.
(b) “Authorizer” shall mean the President, Provost, Vice President for Finance and
Administration or their designees.
(2) Monetary Allowance for Employee Owned Cell Phones. NCF will provide authorized employees
with an allowance for the acquisition of a cell phone and payment of monthly service charges. This
allowance will be provided as taxable income to the employee, but it will not be considered part of
the employee’s base salary nor will it be considered in the calculation of retirement benefits.
(a) The authorizer may, at his or her sole discretion, authorize the payment of a taxable allowance
to an employee if the employee’s job duties necessitate the use of a cell phone for college
business.
(b) Each employee who will receive an allowance for the purchase of a cell phone or monthly
service charges must complete a Phone Allowance Request Form annually. The form must be
approved by the authorizer and forwarded to the Human Resources’ payroll department for
processing. The authorizing department must maintain a copy as documentation for audit
purposes.
(3) Transitioning from NCF-owned phones. To allow for a transition to personal ownership of cell
phones consistent with contracts already in place, all NCF-owned cell phone contracts shall be
transferred to personal accounts within six (6) months from the effective date of this policy unless
cancellation will result in a cancellation fee. In that event, the account shall be transferred
immediately following the expiration of the cancellation provision.
(4) Allowances. It is the intent of this regulation to provide fair allowances to employees for the
business use of their cell phones while maintaining proper budget control. Unless the employee can
demonstrate no personal use, the allowance should not cover the total cost of the equipment or service
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plan. Allowances will be provided in one or both of the following forms at the discretion of the
authorizer.
(a) Cell phone equipment purchase allowance. This allowance provides a periodic monetary
payment toward the employee’s personal acquisition of a cell phone and payment of initial
activation fees. A cell phone equipment allowance is permitted only once every three years. The
appropriate allowance should be determined and documented by the authorizer. The equipment
allowance may not exceed $300 without approval by the President, Provost or Vice President for
Finance and Administration.
(b) Biweekly cell phone service plan allowance. This allowance provides a biweekly payment
toward the cost of maintaining cell phone service for business purposes. The biweekly
supplement cannot exceed $55 without vice presidential approval. The supplement is provided to
the employee for as long as the authorizer determines that the employee qualifies for it. The
appropriate allowance must be determined and documented by the authorizer.
(5) Ownership of cell phones. A cell phone acquired according to the provisions of this policy is
considered to be the personal property of the employee, and any service contract entered into by the
employee is personal to the employee. NCF will have no obligation, make no guarantees with respect
to such contracts, and will not be held liable for misuse or abuse of any type. However, if the cell
phone provider will provide discounted or state rates, NCF will provide a letter to the cell phone
provider that the cell phone is to be used for the conduct of NCF business.
(6) Authorizer Responsibilities. The authorizer is responsible for:
(a) Determining whether the employee’s position requires a cell phone based upon his or her job
responsibilities and maintaining appropriate documentation to support this in the departmental
files;
(b) Ensuring that documentation supporting how the allowance was determined is maintained in
the departmental files;
(c) Processing the allowance through the payroll system; and
(d) Ensuring that the contractor or grantor has specifically authorized the expenditure and the
Office of Research Programs and Services has approved payment if a contract or grant account is
charged for cell phone charges.
(7) Business Office Responsibilities. NCF’s Business Office, in consultation with the authorizer, is
responsible for:
(a) Ensuring that employees are familiar with the requirements of this regulation; and
(b) Determining what percentage of an employee’s cell phone expense is business related and the
appropriate compensation for business use.
(8) Employee Responsibilities. Employees are responsible for:
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(a) Providing the authorizer with requested information or documentation to support the expected
business use and the amount of the allowance; this documentation may include, if requested,
copies of previous cell phone bills indicating the amount of minutes incurred on NCF business;
(b) Notifying his or her authorizer when there has been a significant change in the need for the
business use of a cell phone allowance;
(c) Paying all amounts due as agreed between the employee and the cell phone service provider;
(d) Providing NCF with the current access number or address of the cell phone within five
working days of activation; and
(e) Notifying the authorizer within five (5) working days of inactivation of the device; an
employee is prohibited from continuing to collect a cell phone service plan allowance when the
device is no longer active or needed for the performance of the employee’s job responsibilities.
(9) NCF Provided Cell Phones. This option provides NCF-owned cell phone equipment and service
to employees when a cell phone is considered a necessary business device to carry out an employee’s
duties as determined by the authorizer. This is the preferred method for providing service that is
associated with a very specific NCF business function (e.g. shared on-call cell phone or a cell phone
handed off daily from an employee on one shift to an employee on another shift). It is expected that
this option will be very limited in use. A cell phone acquired by this method is considered NCF
property and is for NCF business only. The authorizer shall request assistance from the Business
Office in acquiring equipment and service.
(a) In the rare circumstance that an employee must place or receive a personal call on a NCFowned cell phone, the employee must reimburse NCF for that call. The reimbursement rate shall
be 25 cents per minute and must be made within thirty (30) days after the department receives its
cellular phone bill.
(10) Reimbursement for Business Calls on a Personal Cell Phone. An employee may use NCF’s
reimbursement process for business calls made on a personally owned cell phone for which the
employee does not receive a cell phone allowance. A cell phone invoice and documentation showing
the business nature of the calls must accompany the reimbursement form. This method is preferred
when an employee needs to make NCF business calls on a personal cell phone of an infrequent and/or
emergency nature.
(11) Review and Responsibility. The Controller shall be responsible for implementing this
regulation.
History: Approved as new regulation on 3-1-08. Revised 9-11-10.
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3-1010 Purchasing.
By establishing this regulation, the NCF BOT intends for NCF to acquire quality goods and services
within reasonable or required time frames, while promoting fair and open competition in the public
procurement process. The process will reduce the appearance and opportunity for favoritism, ensure that
contracts are awarded equitably and economically, and establish effective management oversight in the
acquisition of commodities and contractual services in order to preserve the integrity of public purchasing
and contracting. The opportunity to bid on NCF contracts is a privilege, not a right.
(1) In order to support NCF’s mission, it is the responsibility of the Purchasing Department to acquire
quality commodities and contractual services while promoting fair and open competition in the public
procurement process. NCF purchasing officials shall be protected from improper pressures of
external political or business interests. The process shall reduce the appearance and opportunity for
favoritism, ensure that contracts are awarded equitably and economically, and establish effective
management oversight in the acquisition of commodities and contractual services in order to preserve
the integrity of public purchasing and contracting.
(2) Definitions.
(a) Artistic Services. Services provided by an individual or group of individuals who profess and
practice a skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture,
photography, graphic arts, web design, craft arts, industrial design, costume design, fashion
design, motion pictures, television, radio or tape and sound recording or in any other related field.
(b) Change Orders. The document used by the Director of Purchasing to change items, quantities,
specifications, etc. on the purchase order, as needed or as requested by the initiating department
as appropriate.
(c) Commodity. Any of the various supplies, materials, goods, merchandise, food, equipment,
software or other personal property, including a mobile home, trailer or other portable structure,
which are purchased, leased, lease-purchased or otherwise contracted for by NCF. “Commodity”
also includes interest on deferred-payment contracts entered into by NCF for the purchase of
other commodities. Printing of publications shall be considered a commodity.
(d) Competitive Solicitation. An Invitation to Bid, Request for Proposal or Invitation to
Negotiate to competitively select a contractor/vendor. Competitive Solicitations are required for
purchases exceeding $50,000 or more, and for purchases of printing as specified in chapter 283,
Florida Statutes. The competitive solicitation documents shall contain all the legal terms and
conditions necessary to protect NCF’s best interest in purchasing transactions.
(e) Contractor/Vendor. A person or firm who contracts to sell commodities or contractual
services to NCF.
(f) Contractual Service. The rendering by a contractor of its time and effort rather than the
furnishing of specific commodities. The term applies only to those services rendered by
individuals and firms who are independent contractors. “Contractual service” does not include
labor or materials for the construction, renovation, repair or demolition of facilities.
(g) Extension. An increase in the time allowed for the contract period.
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(h) Independent Contractor. A person or firm who provides a service to NCF.
(i) Invitation to Bid. A written solicitation for competitive bids for commodities, groups of
commodities, or contractual services defined, for which bids are sought.
(j) Invitation to Negotiate. A written solicitation to define the specifications, terms and
conditions of a contract for commodities or contractual services. Cost shall not be the sole
consideration in the initial stages of negotiating.
(k) Lease Agreements. The Lease Agreement form is a legal document approved for lease of offcampus space. The Coordinator of Purchasing handles execution of the agreement with the
lessors.
(l) Minority Business Enterprise. A business concern as defined in section 288.703(2), Florida
Statutes.
(m) Payment of Membership Fees or Dues Form. A Public Records Statement form, informing
the organization that its records are public records and subject to section 119.07, Florida Statutes
pursuant to section 119.012, Florida Statutes shall be attached and forwarded with the requisition
for purchase order approval for payment of membership fees or dues.
(n) Property Items. Fall into two categories, those that are capitalized (have a value of $5,000 or
more and a useful life of at least one year), and other property items that are not capitalized, but
are tracked for insurance purposes.
(o) Purchase. An acquisition of commodities, contractual services or licenses obtained by
purchase order or contract whether by rent, lease, installment- or lease-purchase or outright
purchase.
(p) Purchase for Resale. The purchase of commodities or contractual services acquired for the
purpose of selling them for the benefit of NCF.
(q) Purchase Orders. A document authorizing a vendor to deliver commodities or contract
services with payment to be made at a later date. Purchase Orders are required for the acquisition
of commodities and/or services. The Coordinator of Purchasing will forward the Purchase Order
to the vendor, the initiating department, accounts payable, receiving departments and property
department.
(r) Purchasing Department. The NCF department or division responsible for the acquisition of
commodities and contractual services.
(s) Renewal. Contracting with the same contractor for an additional period of time after the
initial contract term, provided the original terms of the agreement specify an option to renew.
(t) Requisitions. A written request for a purchase order to be issued. Requisitions are initiated by
departments or divisions and submitted to the Coordinator of Purchasing for the purchase of
commodities and/or services. Requisitions are also used for reimbursements and prepayments.
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(u) Request for Proposal. A written solicitation for competitive proposals for commodities or
contractual services when the scope of work is not clearly defined.
(v) Responsive and Qualified Bidder or Offeror. A contractor/vendor who has submitted a bid or
proposal that conforms in all material respects to a competitive solicitation.
(w) Sole Source Certification. Sole Source Certification request is initiated by a department for
obtaining approval from the Coordinator of Purchasing in order to acquire a commodity or
service that is available from only one vendor.
(x) Term Contract. An indefinite quantity contract for the purchase of commodities or
contractual services during a prescribed period of time.
(y) Tax Exemption Certificate. Consumer’s Certificate of Exemption form utilized by the
Coordinator of Purchasing as verification of NCF’s State and Federal tax exemption status,
pursuant to the sales and use tax law. This tax exemption is to be used only by the Coordinator of
Purchasing for purchases solely from NCF funding.
(z) Vendor Ombudsman. The position within the Business Office whose responsibilities include,
but are not limited to, review and recommendation for disposition of vendor complaints regarding
NCF purchasing functions.
(3) Delegation of Authority.
(a) Authority is delegated to the Coordinator of Purchasing to act as the central procurement
officer for NCF and as designee for purposes of administering NCF’s procurement process.
(b) Authorization limits to approve and execute any single procurement contract for any
commodities or contractual services in a single fiscal year which is expected to fall within the
range of the below listed amounts are as follows:
1. Up to and including the amount of $250,000: the level at which signature by the
Coordinator of Purchasing is required for acquisition.
2. $250,001-$500,000: the level at which countersignature by the Vice President for Finance
and Administration is required for acquisition.
3. $500,000 to $1,000,000: the level at which countersignatures by the Vice President for
Finance and Administration and the President are required for acquisition.
4. In excess of $1,000,000: requires approval of the NCF BOT.
(c) Emergencies. In the event of a bona fide emergency, as declared by the Chair of the BOT.
(d) For the purposes of this section, contracts are constructed to include, but not be limited to,
agreements, purchase orders, change orders, licenses, lease-purchase agreements, leases, and
contract extension and renewals.
(4) Purchasing Department Duties and Responsibilities include, but are not limited to:
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(a) Procuring contractual services for NCF in any manner, including purchase by installment or
lease-purchase contracts. Installment or lease-purchase contracts can provide for the payment of
interest on unpaid portions of the purchase price.
(b) Removing any contractor from NCF’s competitive vendor list that fails to fulfill any of its
duties specified in a contract with NCF (or another State university) and to reinstate such
contractor when satisfied that further instances of default will not occur.
(c) Planning and coordinating purchases in volume and negotiating and executing agreements and
contracts for commodities and contractual services under which NCF has the option to make
purchases.
(d) Evaluating contracts for commodities or contractual services entered into by other
governmental or educational entities (including the Federal Government, other state governments,
political subdivisions, or any public or private college or university or educational cooperative or
educational consortium) as a result of a competitive solicitation. Approving NCF’s use of such
contracts (in lieu of issuing a competitive solicitation) for the procurement of the same
commodities and contractual services, when it is cost-effective and in the best interest of NCF to
do so.
(e) Awarding contracts for commodities and contractual services to multiple suppliers, if such is
determined to be in the best interest of NCF. Such awards may be made on behalf of NCF or a
consortia of NCF and other governmental entities, and the contracts may be for multiple years.
(f) Rejecting or cancelling any or all competitive solicitations when determined to be in the best
interest of NCF.
(g) Authorizing payment of deposits or advance payments for a commodity or contractual
services when the Coordinator of Purchasing determines that it is in the best interest of NCF.
(h) Managing NCF’s Property Records program, including overseeing proper disposal of surplus
property.
(5) NCF Division/Department Duties and Responsibilities. Each NCF division or department is
assigned responsibility for initiating procurement requests and for providing information and
assistance with the procurement, as requested by the Purchasing Department. Duties and
responsibilities include:
(a) Ensuring support, review, funding adequacy and approval for the procurement by the pertinent
division or department authorities before a procurement request is submitted to the Purchasing
Department.
(b) Obtaining and completing all steps necessary for submission of proper documentation to the
Purchasing Department.
(c) Providing assistance and information regarding the procurement, if and as requested by
Purchasing personnel.
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(d) Evaluating, monitoring, and ensuring satisfactory performance by the vendor or contractor, in
accordance with the terms and provisions of the procurement documents.
(6) Standards of Conduct.
(a) All NCF personnel engaged in purchasing and related activities shall conduct business
dealings in a manner above reproach in every respect. Transactions relating to expenditure of
public funds require the highest degree of public trust to protect the interests of NCF and the
taxpayers of Florida. All NCF personnel engaged in the purchasing cycle are bound by the
standard of conduct for public officers and employees set forth in chapter 112, part 3, Florida
Statutes, and shall file a Statement of Financial Interest annually.
(b) Purchasing officers shall be protected from improper pressures of external political or
business interests. It shall also be a breach of ethical standards for any contractor or potential
contactor to offer an employee of NCF a gratuity of any kind, form or type to influence the
development of a contract or potential contract for commodities or contractual services. The
Purchasing Department shall adhere to the Code of Ethics of the National Association of
Educational Buyers.
(c) It shall be a breach of ethical standards for any person to offer, give or agree to give any
employee or former employee or for any employee or former employee to solicit, demand, accept
or agree to accept from another person, a gratuity of any kind, form or type, in connection with
any decision, approval, disapproval, recommendation, preparation of any part of a program
requirement or a purchase order, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing or in any other advisory capacity in any
controversy or other particular matter pertaining to any program requirement or a contract or to
any solicitation or proposal therefore. It shall also be a breach of ethical standards if:
1. The employee or any member of the employee’s immediate family has a financial interest
pertaining to the procurement.
2. A business organization in which the employee or any member of the employee’s family,
spouse, children, parents, brothers and sisters, has a financial interest pertaining to the
procurement.
3. Any other person, business or organization with which the employee or any member of the
employee’s immediate family is negotiating or has an arrangement concerning prospective
employment is involved in the procurement.
(7) General Purchasing Provisions.
(a) Purchases of commodities/services/printing of less than $50,000 shall be made in accordance
with sound purchasing practices as follows:
1. $10,000 and below. It shall be the Director of Purchasing’s discretion on purchases of
$10,000 or less. Additional quotations are not required but are encouraged.
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2. $10,001 to $25,000. An attempt shall be made to obtain written price quotes from three or
more vendors. The quotes can be obtained via documented written quotations received by
mail, telephone, fax or email.
3. $25,001 to$50,000. An attempt shall be made to obtain written price quotes from three or
more vendors. The quotes must be submitted on the vendors’ stationery/fax cover and signed
by their authorized representative.
4. Waiver of Competition. In the event the number of quotes noted in section (7)(a) 2. and 3.
above cannot be acquired, the Purchasing Department may waive the need for competition if
a “Request to Waive Additional Quotes” is properly justified. Such request must accompany
the requisition. In any event, sole source justification is not required below $50,000.
5. Purchases greater than $50,000 require a formal process such as sealed Invitation to Bid,
Request for Proposal, Invitation to Negotiate, or an approved exemption such as Sole Source,
Sponsored Research Exemption or Emergency Purchase.
(b) Purchases of commodities/services/printing in excess of $50,000 shall be awarded pursuant to
a competitive solicitation, unless otherwise authorized.
1. When only one response is received to a competitive solicitation for commodities or
contractual services exceeding $50,000, NCF has the option to review the solicitation
responses to determine if a second call for a competitive solicitation is in the best interest of
NCF. If it is determined that a second call would not serve a useful purpose, NCF can
proceed with the acquisition.
2. When multiple responses that are equal in all respects are received to a competitive
solicitation, NCF will give preference, in the following order of priority, to the responses:
responses that include commodities manufactured in the State of Florida, responses from
Florida businesses, responses from businesses with a drug-free workplace program, responses
from foreign manufacturers located in the State of Florida, in order to award. If the use of
these preferences does not result in a determination of who should be awarded the contract,
the toss of a coin shall be used to award the contract.
3. The award of a competitive solicitation shall be publicly posted by the Purchasing
Department, located at 5800 Bay Shore Road, PMD, for 72 hours, excluding Saturdays,
Sundays or NCF holidays. The notice may also be posted on the New College of Florida
website, and/or fax on demand.
4. Nothing in this section shall be construed as limiting the number of bids solicited.
(c) No purchase may be divided or sub-divided for the purpose of circumventing required
informal or formal competitive solicitation.
(d) Advance Payments: NCF funds cannot be used for advance payments, except for the
following:
1. Rent for leased space, up to fourteen (14) days before due date.
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2. Newspaper or magazine subscriptions, up to six (6) weeks in advance of renewal date.
3. Costs for reserving space for meetings or conferences that will take place in the next fiscal
year, if required by the vendor.
4. Annual maintenance agreements.
5. Payments to state or federal agencies, if delivery of products or services will be expedited.
6. Specialized or proprietary goods or services, if the vendor requires advance payment.
7. Benefits of cost savings resulting from advance payment.
8. Purchase of real property, up to seven days before closing date, if NCF delivers the
warrant on or after the closing date.
9. Library books and materials, if necessary, for efficient library operation.
10. Any other advance payment that can be justified as necessary and to further of a
legitimate public purpose.
(e) The Purchase Order is the normal instrument by which goods and contractual services are
acquired. It is the vendor's authority to ship and to invoice for the items, terms, and pricing
specified on the order. The Purchase Order is a legal instrument and once accepted, establishes a
mutuality of agreement. It has the force of a legal, binding contract.
1. The One Time Purchase Order. This document consists of the official Purchase Order
number, the complete description shown on the requisition, and is for delivery of a one time
purchase for goods, equipment, and/or contractual services.
2. The Standing Order. This is a simplified method of filling needs for small repetitive
quantities by establishing open accounts with qualified vendors. Standing Orders are used to
expedite the delivery of needed items and reduce administrative costs in accomplishing small
orders by eliminating the need of Issuing individual purchase orders over the course of a
fiscal year period.
a. Standing Purchase Order. Authorizes the purchase and delivery of small dollar value
commodity items as requested by the issuing department. This order cannot exceed
$49,999.99, unless pricing has been based on an existing bid or contract or there is an
approved sole source certification on file.
b. Standing Order Restrictions. No property items shall be purchased on a Standing
Order. Special Standing Order purchases shall not be used to purchase goods or
contractual services from other vendors if they are already available on State or NCF
contracts.
c. Requests for increases, decreases, cancellations, etc., of a Standing Order should be
submitted to Purchasing (see the section on Change Orders). Standing Orders should be
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for a minimum period of six (6) months within the fiscal year and should be opened for a
minimum of $200.
(f) Maintenance Agreements: Purchases for maintenance agreements are similar to Standing
Orders in that the service period is for an extended period of time. However, they are not
considered Standing Orders under the procedures described above because, in most instances,
payment is made at one time. Maintenance agreements that have monthly or quarterly payments
may be referred to as Blanket Maintenance Orders and are treated the same as a Standing Order
for accounting purposes. Requisitions for maintenance agreements should include the following
information.
1. Description of item(s), model number, serial number, property decal number, and location
of machine.
2. Beginning and ending dates of the maintenance period.
3. Advance payment requirements are to be justified by a separate attached memorandum to
the requisition.
4. A copy of the maintenance agreement should be attached to the requisition.
5. All Purchase Orders for maintenance agreements should contain a thirty-day (30-day)
cancellation clause.
(g) A Change Order is used to materially alter a Purchase Order after it has been encumbered and
issued to the vendor. All Change Order notice requests must be submitted to the Purchasing
Department. A Change Order is required to:
1. Decrease or increase purchase order quantities.
2. Substitute comparable acceptable items for those on the original purchase order.
3. Make any substantial changes on a purchase order that will result in a cost differential.
4. Terminate the purchase order.
5. Adjust the purchase order price to conform to the vendor’s invoice.
6. Departments may initiate requests for Change Orders in writing stating the reasons for the
change(s).
7. Signatures are required on all Change Order requests, in the same manner as the signature
requirements for requisitions from which Purchase Orders are issued.
8. Unless otherwise authorized by the bid or proposal documents, Change Orders are not
valid until the vendor has accepted the terms thereon.
(h) Vendors. It is NCF’s policy to utilize State Contracts and vendors, when available and
appropriate. It is the intent of the Purchasing Department to utilize vendors who are reputable
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and financially responsible. NCF encourages participation from any and all vendors to provide
goods and services.
(i) Minority Business Enterprises. NCF is committed to seek out, identify and utilize Florida
Certified Minority Businesses, and Small Businesses/Small Disadvantaged Businesses that
provide services and/or commodities, which are purchased by NCF. It is also the mission of the
Purchasing Department to provide technical assistance to small and minority businesses to ensure
a competent pool of vendors to address NCF’s procurement expectations.
(j) Purchasing actions not subject to the competitive solicitation process include:
1. Emergency Purchases. When the President or designee determines, in writing, that: a
condition exists that threatens the health or safety of person(s) or animal(s) or the
preservation of property or the continuance of a vital NCF function; NCF shall proceed with
an emergency purchase. The emergency purchase is limited to the purchase of only the type
of items and quantities of items necessary and for only the time period necessary to meet the
immediate need.
2. Sole Source Purchases. Commodities or contractual services available from a single
source are exempt from the competitive solicitation process. Sole Source document shall be
publicly posted by the Purchasing Department at the NCF campus for 72 hours, excluding
Saturdays, Sundays, and NCF holidays.
3. Purchases from contracts of other governmental or educational agencies resulting from
their competitive solicitation process and Negotiated Annual Price Agreements established by
the State of Florida are not subject to further competitive solicitations.
(k) Types of commodities and contractual services that are not subject to the competitive
solicitation process include:
1. Artistic services.
2. Academic reviews.
3. Lectures.
4. Auditing and accounting services.
5. Legal and lobbyist services, including attorney, paralegal, expert witness, appraisal,
arbitrator or mediator services.
6. Health services involving examination, diagnosis, treatment, prevention, medical
consultation or administration. Prescriptive assistive devices for medical, developmental or
vocational rehabilitation including, but not limited to prosthetics, orthotics, and wheelchairs,
provided such devices are purchased on the basis of an established fee schedule or by a
method that ensures the best price, taking into consideration the needs of the client.
7. Services provided to persons with mental or physical disabilities by not-for-profit
corporations organized under the provisions of section.501(c)(3) of the Internal Revenue
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Code or services governed by the provisions of the Office of Management and Budget
Circular A-122.
8. Medicaid services delivered to an eligible Medicaid percipient by a health card provider
who has not previously applied for and received a Medicaid provider number from the
Department of Children and Family Services. This exception will be valid for a period not to
exceed ninety (90) days after the date of delivery to the Medicaid recipient and shall not be
renewed.
9. Family placement services.
10. Training and education services.
11. Advertising.
12. Commodities or contractual services provided by governmental agencies, other State of
Florida universities or other public or private colleges and universities.
13. Programs, Conferences, Workshops or Continuing education events that are offered to the
general public for which fees have been collected to pay all expenses associated with the
program or event.
14. Programs, conferences or events that have been specified by a grant, can include, but are
not limited to items such as lodging, meeting rooms, services and food.
15. Purchases from firms or individuals that are prescribed by state or federal law or specified
by granting agency.
16. Regulated utilities and governmental franchised services.
17. Extension of an existing contract.
18. Renewal of an existing contract if the terms of the contract specify renewal option(s).
19. Purchases for resale.
20. Commodities or contractual services provided by an affiliate of or direct support
organization of NCF.
21. Direct owner purchases for construction or renovation projects.
22. Leases of space by NCF for 5,000 square feet or less in a privately owned building.
(l) No individual or firm who performs a feasibility study for potential implementation of a
subsequent contract, participates in drafting of a competitive solicitation, or develops a program
for future implementation shall be eligible to contract with NCF dealing with the same subject
matter.
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(m) Individuals taking part in the development of criteria for evaluation, the evaluation process or
the award of the contract for any purchase shall be independent of and have no conflict of interest
in the entities evaluated and awarded the contract. NCF has the option to require the individuals
to attest to such in writing.
(n) Items requested that are of a personal nature or for personal convenience of employees shall
not be purchased. Examples include but are not limited to:
1. Coffee pots.
2. Flowers.
3. Refreshments such as coffee and doughnuts.
4. Decorative items (globes, statues, potted plants, picture frames, etc.).
5. Alcoholic beverages.
6. Christmas or other greeting cards and postage for such cards.
7. Personal subscription to magazines, trade journals, etc.
8. Desk pen sets.
9. Refrigerators.
10. Microwaves.
11. Picture frames.
12. Wall hangings.
13. Smoke/air filters.
14. Personal gifts or expenditures other than expenditures for employee service awards and/or
safety awards not exceeding $50 per award.
15. Fees, taxes or professional dues, unless directly related to the job duties of NCF
employee.
(o) Legal Review. Documents containing terms and conditions with legal import will be routed
through the NCF’s General Counsel for legal review before execution. The Office of the General
Counsel may approve uniform contracts, which, thereafter, may be used without additional
review and approval by the General Counsel.
(8) Insurance Purchases. NCF has the authority to purchase insurance as deemed necessary and
appropriate for the operation and educational mission of NCF. Examples of insurance coverage that
can be acquired by NCF include:
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(a) Physical damage on vehicles and boats.
(b) Inland marine on property owned, leased, or loaned to or by NCF.
(c) Building and property damage.
(d) Equipment losses due to theft.
(e) Loss of rental income.
(f) Commercial general liability insurance for scientific equipment.
(g) Excess general liability coverage.
(h) Health Insurance.
(i) Camps Insurance.
(9) Purchase of Printing. Printing shall be purchased in accordance with chapter 283, Florida
Statutes.
(10) Bonds.
(a) Competitive Solicitation Bond/Security. NCF is authorized to require a vendor to submit to
NCF, as a condition for participating in the solicitation, a bid bond, certified cashier’s or
treasurer’s check or bank draft with their responses to the solicitation when NCF is reasonably
uncertain about the vendor’s ability to perform and to ensure that vendor will honor and secure
any required payment and/or Performance Bond if awarded the bid.
(b) Payment and Performance Bonds. NCF is authorized to require any contractor providing
commodities, or commodities, which include installation, to furnish a payment and performance
bond, with good and sufficient securities, to NCF prior to the issuance of the contract when the
total value of the contract is greater than $200,000. NCF has the option to require a payment and
performance bond from contractors providing commodities, or commodities that need
installation, when the total value is greater than $100,000. In either instance the reason for this
requirement is under such conditions when NCF is reasonably uncertain about the vendor’s
ability to perform and in particular, but not limited thereto, when installation of research,
scientific, medical and other like equipment is required.
(c) Competitive Solicitation Protest Bond. Any contractor that files an action pursuant to section
120.57(3)(b), Florida Statutes protesting a decision shall at the time of filing of the formal written
protest, post with NCF a bond payable to NCF in an amount equal to: 10% of the estimated value
of the protestor’s bid or proposal; 10% of the estimated expenditure during the contract term;
$10,000; or whichever is less. The bond shall be conditioned upon the payment of all costs that
can be adjudged against the contractor filing the protest action. In lieu of a bond, NCF has the
option to accept a cashier’s check or money order in the amount of the bond. Failure of the
protesting contractor to file the required bond, cashier’s check or money order by the time of
filing the formal written protest shall constitute a waiver of proceedings under chapter 120,
Florida Statutes, and NCF shall summarily dismiss the petition.
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(11) Purchase of Motor Vehicles
(a) The term “motor vehicle” includes any automobile, truck, watercraft, construction vehicles,
equipment, or other vehicle designed primarily for transporting person.
(b) NCF has authority to:
1. Establish standard classes of motor vehicles to be leased, purchased or used by NCF
personnel.
2. Obtain the most effective and efficient use of motor vehicles for NCF purposes.
3. Establish and operate facilities for the acquisition, disposal, operation, maintenance, repair,
storage, control and regulation of NCF-owned motor vehicles.
4. Acquire motor vehicles by purchase, lease, installment-purchase, or loan or by any other
legal means and can include a trade-in. All motor vehicles purchased or leased shall be of a
class that will safely transport NCF personnel and adequately meet the requirements of NCF.
5. Contract for specialized maintenance services.
(c) Motor vehicles owned, leased or operated by NCF shall be used for official NCF business
only.
(12) Acquisition of Leases of 5,000 or More Square Feet
(a) NCF will use a competitive solicitation process when entering into lease for space of 5,000 or
more square feet in a privately owned building. However, competitive bidding is not required
where such a lease:
1. Is the renewal of an existing lease.
2. Has a term of less than twenty-one (21) consecutive days.
3. Is for nominal or no consideration.
4. Is for the purpose of providing care and living space for persons, provided that the
President or designee certifies that the space is to be used for that purpose.
5. Is an extension of an existing lease of 5,000 square feet or more, provided that such
extension is in the best interest of the State and is for a period not to exceed eleven (11)
months. If at the end of the period granted by the extension, the time of all such extensions on
the lease equals eleven (11) months, NCF shall proceed with a competitive solicitation.
(b) NCF shall not enter into a lease for space of 5,000 or more feet in a privately owned building
when suitable space is available in a state-owned building located in the same geographic region,
unless it is determined by the Purchasing Department that lease of non-state property is in the best
interest of NCF.
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(13) Vendor Ombudsman and Dispute Resolution
(a) The Controller or his/her designee will act as vendor ombudsman to work with vendors and
NCF division/department representatives to resolve problems and issues. Ombudsman contact
information will be provided to contractors and vendors via purchase orders and/or the NCF
website.
(b) Protests will be handled in accordance with section 120.57(3), Florida Statues.
(14) Review and Responsibilities. The Controller is the party responsible for oversight and
enforcement of these regulations.
Adopted as Policy 5-001 on 2-7-04. Revised and combined with Policies 5-002, 5-003, 5-004, and 5-011
and approved as regulation 9-11-10. Revised 9-10-11.
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3-1011 Central Receiving
This regulation provide guidelines and controls for all incoming and outgoing shipments and for
deliveries to departments via Central Receiving on the NCF campus.
(1) Upon receipt of package(s), receiving personnel make a preliminary inspection for apparent
damage and identify the shipment against the purchase order(s).
(2) NCF employees or may not use State vehicles to deliver personal packages, and personal
shipments should not be addressed in care of NCF.
(3) All freight addressed to NCF is presumed to be official business unless otherwise determined on
inspection.
(4) Delivery of goods is normally made within twenty-four (24) hours to the ordering department and
a member of the Central Receiving staff signs the shipment’s invoice or shipping document
acknowledging receipt. United Parcel Service and Roadway Parcel Service will deliver items directly
to the ordering department if the package bears a complete delivery address.
(5) Central Receiving is responsible for reporting damaged shipments to the shipping service.
(6) To avoid liability issues, shipments of chemicals, radioactive materials, prescription drugs, art,
scientific equipment, live animals, specimens, computers and medical equipment are not unpacked by
Central Receiving personnel. These shipments are delivered intact to the ordering division or
department.
Approved as policy 5-005 on 4-27-02. Approved as regulation 11-6-10.
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3-1012 Mail.
This regulation identifies those eligible to use campus postal services; provides brief statements on mail
preparation, and how postage is purchased; and places responsibility for initially redirecting mail.
(1) Eligibility to Use Campus Postal Services
(a) Campus postal services are available for conducting the business of NCF. Eligibility in this
instance is defined as those departments, units or organizations which maintain an NCF account
number for the purpose of carrying on official NCF business. NCF postal services are not for
personal use.
(b) With the exception of dormitory residents, campus mail is not for personal use. Faculty and
staff should ensure that their personal mail is addressed to their residence or post office box
number.
(c) Chain letters are prohibited in campus and U. S. Postal Services mail.
(2) Preparation of Mail
(a) All outgoing mail must include NCF’s standard return address format in order to facilitate its
prompt return if undeliverable and to provide accurate information for billing.
(b) Official NCF mail destined for off-campus must be accompanied by identification of the
account to be charged and the classification of the mail (i.e., first class, third class, parcel post,
etc.).
(c) Mail should be marked "confidential" if it is desired that it be opened by the addressee only.
(d) NCF retains the right to refuse service to any individual or group failing to follow the detailed
procedures issued by the NCF Post Office.
(3) Postage
(a) The NCF Post Office will affix proper postage to outgoing official NCF mail according to a
division or a department's request when picked up. Postage charges will be billed to departments
via Central Billing.
(b) Stamp stock for official NCF business may be purchased by State warrant payable to the U. S.
Postmaster.
(4) Forwarding of Official Mail
(a) The NCF Post Office does not maintain a record of forwarding addresses; therefore,
departments and offices must maintain forwarding addresses for faculty and staff who leave their
area. The U. S. Postal Service requires that change of address records are to be kept for one year;
thereafter, the forward expires and mail will be returned to sender through the NCF Post Office.
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Address corrections must be made by divisional or departmental secretaries or clerical staff. If the
forwarding address is unknown, the secretary or clerical staff must note on the letter "Return to
Sender. Forwarding address unknown at New College of Florida."
(5) Request for Change in Mail Delivery. Personnel involved in any change in mail delivery should
contact the NCF Post Office prior to making the change.
Approved as Policy 5-006 on 4-27-02. Revised as regulation 9-11-10.
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3-1013 Bulk Mail and Business Reply Mail Permits.
This regulation identifies two NCF mail accounts and the NCF-affiliated divisions and departments
entitled to use NCF’s non-profit permits. Use of these permits is an economical method of mailings
printed matter.
(1) Bulk Business Mail Permit #686.
(a) Bulk Business Mail covered by Permit #686 is defined as a minimum of 200 pieces or fifty
(50) pounds of printed matter. It includes only publications that are not individually typed or
handwritten.
(b) NCF Office of Admissions is the authorized user of Permit #686.
(c) Limitations on Use of Permit #686:
1. No authorized user may delegate or lend the use of NCF’s permit to another group.
2. No profit-making organization or individual on the campus will be allowed to use the
permit.
3. Approval to use Permit #686 must be obtained prior to use by contacting the Manasota
Post Office.
(2) Preparation. Upon approval to use Permit #686, all outgoing third class bulk business mail must
be prepared in accordance with current Manasota Post Office memoranda and the U.S. Postal Service
Regulation Article 134.43. Detailed instructions are available from the Manasota Post Office.
(3) Business Reply Mail Permit. Members of the campus community also have access to the
Business Reply Mail (BRM) Permit 1407000. Each division or department that uses BRM must pay
a fee for the service.
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3-1014 Identity Theft
(1) Pursuant to the Federal Trade Commission's (“FTC”) Red Flags Rule, which implements Section
114 of the Fair and Accurate Credit Transactions Act of 2003, this regulation will help College staff
to detect, prevent and mitigate identity theft in connection with the opening of certain accounts or
existing accounts through the Identity Theft Prevention Program (“Program”.) An identity can be
stolen with nothing more than a stolen string of numbers and malicious intent. With a few pieces of
personal identifying information, an identity thief can easily secure an account in someone else’s
name. This information can be obtained from a variety of sources, including stolen mail, computer
hacking, fraudulent address changes and other schemes.
(2) Definitions.
(a) Identity Theft - A fraud committed or attempted using the personal identifying information of
another person without authority.
(b) Red Flag - A pattern, practice, or specific activity that indicates the possible existence of
identity theft.
(c) Covered account – Account used mostly for personal, family, or household purposes, and
that involves or is designed to permit multiple payments or transactions. A covered account is
also an account for which there is a foreseeable risk of identity theft.
(d) Program Administrator - The individual designated with primary responsibility for oversight
of the program. See Section 7 below.
(e) Identifying Information - Any name or number that may be used, alone or in conjunction
with any other information, to identify a specific person, including: name, address, telephone
number, social security number, date of birth, government issued driver’s license or
identification number, alien registration number, government passport number, employer or
taxpayer identification number, student identification number, computer’s Internet Protocol
address, or routing code, credit card number, credit card expiration date, pay check, pay check
stub, medical information.
(3) Fulfilling Requirement of the Red Flags Rule. Under the Red Flags Rule, the College is required
to establish an “Identity Theft Prevention Program” tailored to its size, complexity and the nature of
its operation. Each program must contain reasonable policies and procedures to:
(a) Identify relevant Red Flags for new and existing covered accounts and incorporate those Red
Flags into the Program.
(b) Detect Red Flags that have been incorporated into the Program.
(c) Respond appropriately to any Red Flags that are detected to prevent and mitigate identity
theft.
(d) Ensure the Program is updated periodically to reflect changes in risks to students or to the
safety and soundness of the student from identity theft.
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(e) Administer the Program. The College must obtain approval of the initial written program by
the governing body or an appropriate committee of the governing body. Annually, the designated
administrator of the College’s Program is to report to the governing body on the effectiveness of
the program and compliance with the regulatory requirements.
(4) Identification of Red Flags. In order to identify relevant Red Flags, the College considers the
types of accounts that it offers and maintains, methods it provides to open its accounts, methods it
provides to access its accounts, and its previous experiences with identity theft. The College identifies
the following Red Flags in each of the five listed categories of Red Flags:
(a) Notification, Alerts and Warnings from Credit Reporting Agencies or Service Providers. Red
flags include:
1. Report of fraud or credit alert accompanying a credit report.
2. Notice or report from a credit agency of a credit freeze on an applicant.
3. Notice or report from a credit agency of an active duty alert for an applicant.
4. Receipt of a notice of address discrepancy in response to a credit report request.
5. Indication from a credit report of activity that is inconsistent with an applicant’s usual
pattern or activity.
(b) Presentation of Suspicious Documents. Red Flags include:
1. Identification document or card that appears to be forged, altered or inauthentic.
2. Identification document or card on which a person’s photograph or physical description is
not consistent with the appearance of the person presenting the document for identification.
3. Other information on the identification document is not consistent with existing student
information on account with New College.
4. An application for service that appears to have been altered or forged or gives the
appearance of having been destroyed and reassembled.
(c) Presentation of Suspicious Personal Identifying Information. Red flags include:
1. Identifying information presented that is inconsistent with other information the person
provides (example: inconsistent birth dates).
2. Identifying information presented that is inconsistent with other sources of information
used by or on the College’s records. For instance, an address not matching an address on a
loan application.
3. Identifying information presented that is the same as information shown on other
applications that were found to be fraudulent.
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4. Identifying information presented that is consistent with fraudulent activity (such as an
invalid phone number or fictitious billing address).
5. Social security number presented that is the same as one given by another person.
6. An address or phone number presented that is the same as that of another person.
7. A person fails to provide complete personal identifying information on an application
when reminded to do so.
8. A person’s identifying information is not consistent with the information that is on file for
the student.
(d) Suspicious Covered Account Activity or Unusual Use of a Covered Account. Red flags
include:
1. Change of address for an account followed by a request to change the person’s name, or a
replacement ID Card
2. Payments stop on an otherwise consistently up-to-date account.
3. Account used in a way that is not consistent with prior use on the account.
4. Mail sent to the person is repeatedly returned as undeliverable, although transactions
continue to be conducted in connection with the account.
5. Suspicious address changes are submitted.
6. Notice to the College that a person is not receiving mail sent by the College.
7. Notice to the College that an account has unauthorized activity.
8. Breach in the College's computer system security.
9. Unauthorized access to or use of student account information.
10. An account that has been inactive for a reasonably lengthy period of time is used.
(e) Alerts from Others – Persons, Victims, Law Enforcement Authorities. Red flags include:
1. Notice to the College from anIdentity Theft victim, law enforcement or other person that
the College has opened or is maintaining a fraudulent account for a person engaged in
identity theft.
(5) Detecting Red Flags.
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(a) Student Enrollment. In order to detect any of the Red Flags identified above associated with
the enrollment of a student, College personnel will take the following steps to obtain and verify
the identity of the person opening the account:
1. Require certain identifying information such as name, date of birth, academic records,
home address or other identification.
2. Verify the student’s identity at time of issuance of student identification card (review of
non-expired driver’s license or other government-issued photo identification). The
identification should be scrutinized to verify that it has not been altered or forged.
(b) Existing Accounts. In order to detect any of the Red Flags identified above for an existing
Covered Account, College personnel will take the following steps to monitor transactions on an
account:
1. Verify the identification of students if they request information (in person, via telephone,
via facsimile, via email) by ensuring that the information given is consistent with other
information on file at the College.
2. Verify that the picture on the identification provided matches the appearance of the person
presenting the identification. This includes accepting in person address changes.
3. Verify the validity of requests to change billing addresses by mail and provide the person
a reasonable means of promptly reporting incorrect billing address changes.
4. Verify that request for information updates have not been altered or forged or that the
paperwork gives the appearance of having been destroyed and reassembled.
5. Notify the Program Administrator immediately if the College is notified by a victim of
identity theft, a law enforcement agency, or any other person that it has opened, discovered,
or manipulated a fraudulent account for a person engaged in identity theft.
6. Ensure that persons who call are not given information on an account if they cannot
provide the NCF ID number and name. Be cautious about callers who attempt to get
financial information without providing any substantive knowledge about the account.
(c) Consumer (“Credit”) Report Requests. In order to detect any of the Red Flags identified
above for an employment or volunteer position for which a credit or background report is sought,
College personnel will take the following steps to assist in identifying address discrepancies:
1. Require written verification from any applicant that the address provided by the applicant
is accurate at the time the request for background or credit report is made.
2. In the event that notice of an address discrepancy is received, verify that the background
or credit report pertains to the applicant for whom the requested report was made and report
to the consumer reporting agency an address for the applicant that the College has reasonably
confirmed is accurate.
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(6) Preventing and Mitigating Identity Theft. In the event College personnel detect any identified
Red Flags, such personnel shall take one or more of the following steps, depending on the degree of
risk posed by the Red Flag:
(a) Prevention and Mitigation Protocols.
1. Continue to monitor a Covered Account for evidence of Identity Theft.
2. Contact the student or applicant.
3. Change any passwords or other security devices that permit access to Covered Accounts.
4. Refuse to open a new Covered Account.
5. Provide the student with a new student identification number.
6. Notify the Program Administrator for determination of the appropriate step(s) to take.
7. Program Administrator will notify law enforcement, if appropriate.
8. Program Administrator will file or assist in filing a police report.
9. Program Administrator will determine that no response is warranted under the particular
circumstances and will communicate that decision to the appropriate party.
(b) Once a potentially fraudulent activity is detected, an employee must act quickly as a rapid
and appropriate response can protect persons and the College from damages and loss. The
employee should gather all related documents and write a description of the situation, present the
information to the designated authority for determination if fraud was committed.
(c) The designated authority will complete additional authentication to determine whether the
attempted transaction was fraudulent or authenticated. If fraudulent, the transaction will be
cancelled, law enforcement will be notified and cooperated with, the extent of liability to the
College will be determined and notification to the affected person will be made of the fraudulent
activity.
(d) Protecting Student Identifying Information. In order to further prevent the likelihood of
identity theft occurring with respect to Covered Accounts, the College will take the following
steps with respect to its internal operating procedures to protect student identifying information:
1. Make every effort to secure student information during times when their desk/office is
unattended
2. Do not leave documents or computer terminals with sensitive information (names, ID#’s,
addresses, etc) in plain view.
3. Ensure that its website is secure or provide clear notice that the website is not secure.
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4. Ensure complete and secure destruction of paper documents and computer files containing
student account information when a decision has been made to no longer maintain such
information.
5. Ensure that office computers with access to Covered Account information are password
protected.
6. Ensure the alarm, where available, is set upon leaving the office for the day.
7. Avoid use of social security numbers.
8. Ensure computer virus protection is up to date.
9. Require and keep only the kinds of student information that are necessary for College
purposes.
(7) Program Administration.
(a) Oversight. Responsibility for developing, implementing and updating this Program lies with
an Identity Theft Committee. The Committee, appointed by the Vice President for Finance and
Administration, is comprised of individuals that routinely deal with employee and student records
and business transactions and is headed by the Program Administrator, also appointed by the Vice
President. The Program Administrator is responsible for ensuring appropriate training of College
staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the
steps for preventing and mitigating identity theft, determining which steps of prevention and
mitigation should be taken in particular circumstances and considering periodic changes to the
Program.
(b) Staff Training and Reports.
1. College staff responsible for implementing the Program shall be trained either by or under
the direction of the Program Administrator in the detection of Red Flags and the responsive
steps to be taken when a Red Flag is detected. College staff shall be trained, as necessary, to
effectively implement the Program. College employees are expected to notify the Program
Administrator once they become aware of an incident of identity theft or of the College’s
failure to comply with this Program.
2. At least annually or as otherwise requested by the President or his/her designee, the
Program Administrator shall report to the President or his/her designee on compliance with
this Program. The report should address such issues as effectiveness of the policies and
procedures in addressing the risk of identity theft in connection with the opening and
maintenance of Covered Accounts, service provider arrangements, significant incidents
involving identity theft and management’s response, and recommendations for changes to the
Program.
(c) Service Provider Arrangements. In the event the College engages a service provider to
perform an activity in connection with one or more Covered Accounts, the College will take the
following steps to ensure the service provider performs its activity in accordance with reasonable
policies and procedures designed to detect, prevent and mitigate the risk of identity theft.
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1. Require, by contract, that service providers have such policies and procedures in place.
2. Require, by contract, that service providers review the College's Program, agree to comply
with it and report any Red Flags to the Program Administrator or the College employee with
primary oversight of the service provider relationship.
(d) Non-disclosure of Specific Practices. For the effectiveness of this Identity Theft Prevention
Program, knowledge about specific Red Flag identification, detection, mitigation and prevention
practices may need to be limited to the Committee who developed this Program and to those
employees who need to know them. Any documents that may have been produced or are
produced in order to develop or implement this program that list or describe such specific
practices and the information those documents contain are considered “confidential” and should
not be shared with other College employees or the public. The Program Administrator shall
inform those employees who need to know the information of those documents or specific
practices which should be maintained in a confidential manner.
(e) Program Updates. The Committee will periodically review and update this Program to reflect
changes in risks to students and the soundness of the College from identity theft. In doing so, the
Committee will consider the College's experiences with identity theft situations, changes in
identity theft methods, changes in identity theft detection and prevention methods, and changes in
the College's business arrangements with other entities. After considering these factors, the
Program Administrator will determine whether changes to the Program, including the listing of
Red Flags, are warranted. If warranted, the Program will be updated.
History: New regulation 9-10-11.
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3-2001 Investments.
This regulation governs the investment of funds in accordance with sections 1011.42(5) and 218.415,
Florida Statutes. It applies to funds in excess of those required to meet current expenses for the benefit of
NCF.
(1) Investment Objectives. The primary objective is to place the highest priority on the safety of
principal and liquidity of funds. The optimization of investment income shall be secondary to the
requirements for safety and liquidity. A secondary objective is to maximize income while providing
minimal risk of market value volatility and adequate short-term liquidity to meet any cash flow
demands.
(2) Prudence and Ethical Standards. Investments shall be made in accordance with the “Prudent
Person” principle, which states the following:
(a) Investments shall be made with judgment and care, under circumstances then
prevailing, which person of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well a the probable income to
be derived from the investment.
(b) Employees involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their
ability to make impartial investment decisions. Employees involved in the investment process
shall disclose to NCF any material financial interests in financial institutions that conduct
business with NCF, and shall further disclose any material personal financial/investment positions
that could be related to the performance of NCF’s investment program.
(3) Authorized Investments. Investments shall be limited to fixed income securities selected from the
following types:
(a) State Treasury Investment Pool (e.g. SPIA).
(b) State Board of Administration Local Government Surplus Fund Trust Fund (SBA Pool)
(c) U.S. Treasury Bills, Notes, Bonds, and other obligations whose principal and interest is fully
guaranteed by the United States of America or any of its agencies or instrumentalities.
(d) Repurchase Agreements: collateralized at 102% by U.S. Treasuries.
(e) Certificates of Deposit in state-certified qualified public depositories.
(4) Maturity and Liquidation Requirements. The investment portfolio shall be constructed in such a
manner as to provide sufficient liquidity to pay obligations as they come due. To the extent possible,
an attempt will be made to match investment maturities with known cash needs and anticipated cashflow requirements.
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(5) Portfolio Composition. Recognizing that market value volatility is a function of maturity, the
portfolio shall be maintained as a short-term maturity portfolio. Additionally, it is recognized that
proper diversification is considered a prudent investment approach.
(6) Internal Controls. The Controller will establish a system of internal controls and operational
procedures, which will be documented in writing. The controls will be designed to prevent losses of
public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated
changes in financial markets, or imprudent actions by employees and officers of entity.
(7) Reporting. NCF will provide quarterly reporting of the portfolio’s performance which will
include the investments rate of return, average investment amount, and interest earnings.
(8) Periodic Review. It is the intention of the BOT to review this Statement of Investment Policy
periodically and to amend it to reflect any changes in philosophy or objectives. However, if at any
time the investment managers believe that the specific objectives defined herein cannot be met or that
these guidelines unnecessarily constrict performance, the BOT shall be so notified in writing.
(9) Review and Responsibility. The Controller shall be responsible for implementing this regulation.
Approved as regulation on 11-15-07. Revised 9-11-10.
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3-2002 College Property and Disposal of Surplus Property.
This regulation is set forth in order to comply with Florida Statutes related to State property and to
observe sound management principles related to property accountability. It also provides guidelines for
lawfully disposing of property declared as surplus.
(1) Definition of "Equipment" or "Property." The words "equipment" or "property" used herein are
interchangeable and refer to tangible items of personal property of a non-expendable nature, the
normal life of which is one year or longer and the cost of which is $1,000 or more.
Regardless of source of funds, all items meeting the above definition will be considered as property.
Source of funds may include items purchased from expense, operating capital outlay, state and federal
surplus and construction funds. In addition, hardback-covered bound books that are circulated to
students or the general public, the value or cost of which is $25 or more are considered property and
will be purchased from operating capital outlay funds.
(2) Identification. All property acquired by NCF, whether by purchase, fabrication or gift which is
practicable to identify by marking, will be visibly marked with a property identification number by
one or more of the following methods:
(a) Bar Code Label with readable number.
(b) Indelible pencil.
(c) Etching needle.
(d) Metal tags.
(e) Steel dies.
(f) Branding irons.
(g) Paint or stencils.
(3) Physical Inventory. All College property must be physically inventoried annually and it is
recommended that property be inventoried upon change of accountable officer. It is the accountable
officer's responsibility to maintain definitive control over all equipment listed on his/her inventory.
The Controller’s Office staff will schedule and supervise property inventory. It is the responsibility of
the fiscal liaison, or his/her designee to conduct the inventory for their property custodian. The
Controller’s Office has the responsibility for NCF property management and control techniques.
(4) Disposition. Relief from responsibility must be obtained by completion of New College of Florida
Request for Property Removal Form whenever an item of equipment is:
(a) Excess to the needs of a department or a division -- to be transferred to surplus property.
(b) Obsolete -- to be transferred to surplus property,
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(c) Damaged -- to be scrapped.
(d) Cannibalized -- to dismantle equipment for usable parts.
(e) Unlocated - due to inventory shortage.
(f) Other - Transfer to other State or 501(c)(3) agency. Must include an acceptance letter from
receiving 501©(3) agency.
(g) Stolen Property - theft or sudden disappearance. Relief from responsibility, must be obtained
by completion of New College of Florida Request for Property Removal Form and include a copy
of police report.
Request of Property Removal Form must be completed, signed by the accountable officer, and a
police report case number when equipment is stolen. It is not necessary to report inventory
shortages to the University Police as they will be reported in accordance with "unlocated" items
as described above. Any department experiencing a theft or sudden and mysterious disappearance
of equipment shall immediately report this fact to the University Police. Upon completion of
investigation, the University Police will notify the Vice President of Finance and Administration,
or designee if the stolen item is not recovered. He or she will remove the item from the property
record and notify the appropriate accountable officer.
(5) Off-Campus Use. When NCF property is to be removed from campus for some official purpose,
an "Off Campus Equipment Use Permit", New College of Florida Form must be submitted. The form
must be approved by the appropriate dean, division chair or director. No new equipment should be
removed from campus prior to being decaled and having a completed and approved "Off Campus
Equipment Use Permit" form.
(6) Property Transfer. Whenever property is physically relocated on a permanent basis or changes
accountable officers, a Property Transfers Form must be completed and submitted to the Controller’s
Office. When equipment is transferred on a temporary basis, it is recommended that the accountable
officer maintain adequate internal records for locating all properties under his/her control.
(7) As departments or divisions have property items that are excess to their needs that are still usable,
they should advertise on email or other means available to them to let other departments or divisions
know that these items are available for transfer (New College of Florida Transfer of Property Form).
If these items still remain available after three five days or if items are unusable, prepare a New
College of Florida Request for Property Removal Form and forward it to the Associate Controller for
approval.
(8) Surplus Property will be disposed of as follows:
(a) If the property is to be cannibalized, the Controller’s Office must approve the request for
property removal form and return it to the dept. requesting cannibalization before cannibalization
can begin. The approved form must be kept with the item begin cannibalized to prevent reinventory at a later date.
(b) If the property is to be scrapped or abandoned, Physical Plant will determine the disposal of it.
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Scrap metal will be sold to a local company.
(c) Items may be used for trade-in by referencing the PRS Tracking NCF Property Decal Number
on the New College Requisition/Purchase Order. Form 3008 when sent to the Director of
Purchasing Director. A Request for Property Removal Form is to be completed and sent with the
Requisition/Purchase Order.
(d) Surplus property items of any value are disposed of in one of 4 ways.
1. Electronic items are placed in an electronic recycling dumpster. This dumpster is picked
up by a recycling firm that crushes all items, separate it into glass, plastic, electrical parts
and recycles these items.
2. Metal items are placed in a metal recycling dumpster and this is picked up by a vendor.
3. All other items are placed in a dumpster, crushed with the College's backhoe, and picked
up by the local sanitation company and is taken to the land fill.
4. Any item(s) the College deems saleable, may be sold by bid. If the amount received is
$1,000 or more on a single item, the monies received will be deposited into the account that
listed the sold item in its inventory minus required advertisement fees.
(9) Sale bids will be advertised in a local newspaper of general circulation two (2) weeks prior to the
bid.
(10) Property cannot be donated or given to individuals, non-state agencies, non 501(c)(3) agencies,
or private companies.
Policies 2-007 and 5-010 approved 4-27-10. Combined and revised as regulation 11-6-10.
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3-2003 Signature Authorization.
The Controller or his/her designee is responsible for the control of all expenditures and uses Signature
Authorization Forms as a means to exercise this control.
(1) These forms are maintained in the Controller’s office.
(2) Signature Authorization Forms are required to be on file for each NCF Organization (department)
prior to making expenditures.
(3) The Controller or his/her designee is responsible for determining the persons authorized to sign
and for assuring that up-to-date signature forms are on file at all times.
Approved as Policy on 4-27-02. Revised as regulation on 9-11-10.Renumber 11-16-10.
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3-2004 Control of NCF Revenues.
This regulation provides guidelines for the control and collection of funds which are required by Florida
Statutes or regulations to be deposited in any of NCF’s accounts.
(1) All State-related funds collected by any department or office must be deposited in NCF’s
Cashier's Office or picked up by an armored car service for direct deposit to an NCF bank account.
(2) The Vice President for Finance and Administration or his/her designee is responsible for
approving new collections of revenue and for establishing procedures and systems concerning the
collection of all revenues for NCF.
(3) The Controller or his/her designee is responsible for ordering, controlling and issuing
prenumbered official receipts to departments to insure the proper recording of revenue and expense
refunds. These receipts will be the only receipt to be used outside of the Cashier's Office for official
collections and will be utilized by all offices not having mechanical receipt devices or prenumbered
ticket sales as approved by the Controller.
Approved as Policy 2-002 on 4-27-02. Revised as regulation on 9-11-10. Renumbered 11-16-10.
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3-2005 Accounts Receivable.
This regulation provides a means of (or procedures for) billing students, staff and outside individuals or
firms for services rendered or for fines assessed due to failure to comply with NCF policies, such as
library fines for late returned library books. Since Florida Statutes do not permit NCF to extend credit, all
bills are payable upon receipt.
(1) Any department desiring to initiate a program to issue charge documents must first seek the
approval of the Controller to assure compliance with the Florida Statutes, and NCF’s policies and
practices.
(2) The Controller’s Office may employ any of the following means of collecting monies due NCF:
(a) Issue monthly bills.
(b) Issue NCF collection letters.
(c) Hold all transcripts.
(d) Refuse registration for any future semester until the accounts receivable has been collected.
(e) Turn delinquent accounts over to a collection agency on the ICOFA list of approved agencies.
(f) Make payment agreements via contracts or promissory notes.
(g) Collect funds owed by employees by means of Set-Off Procedures (see New College of
Florida Regulation 3-4024 NCF Set-Off Procedures).
(h) Any other action which is legal and not in conflict with the BOG’s regulations.
(3) The Controller, or his/her designee, is authorized to request write-off of accounts deemed
uncollectible.
(4) NCF will withhold diplomas under the following circumstances:
(a) For nonpayment of any obligation, or
(b) For not completing the exit interview which is required by 20 USC Sec.1092(b) for all
students who receive long term loans (i.e. for repayment over term of one year or more).
Approved as NCF Policy 2-003 on 4-27-02. Revised as regulation on 9-11-10.Renumbered 11-16-10.
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3-2006 Central Billing.
This regulation documents and describes a billing mechanism through which an NCF department or
division may sell services or supplies to another department or division. Through this mechanism, the
buying department or division is charged and the selling department or division is credited as either
revenue (if the selling department is an auxiliary enterprise) or as a reduction of expenditure (if it is a
department or division operating in the General Revenue/E&G funds and simply transferring the cost of
the service or supply to another department.) The Interdepartmental Expense Reclass/Refund Request is
used to accomplish this transaction. Once this form is completed it is sent to the Controller’s Office for
processing.
Approved as Policy 2-004 on 4-27-02. Revised as regulation 11-6-10. Renumbered 11-16-10.
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3-2007 Debt Management
(1) The purpose of this regulation is to confirm that NCF engages in sound debt management
practices and, to that end, the BOG has formalized guiding principles for the issuance of debt by the
state universities and their DSOs. Each state university shall adopt a debt management policy which
is consistent with these guidelines and which shall be approved by the BOT.
The following guidelines set forth guiding principles regarding NCF’s decisions related to:
(a) The amount of debt which may prudently be issued.
(b) The purposes for which debt may be issued.
(c) Structural features of debt being issued.
(d) The types of debt permissible.
(e) Compliance with securities laws and disclosure requirements.
(f) Compliance with federal tax laws and arbitrage compliance.
These principles will facilitate the management, control and oversight of debt issuances, for the
purpose of facilitating ongoing access to the capital markets which is critical to the financing of
needed infrastructure.
In furtherance of this objective, the provisions of this regulation shall be followed in connection with
the authorization, issuance and sale of NCF debt. However, exceptions to the general principles set
forth herein may be appropriate under certain circumstances. Also, additional guidelines and policies
may be necessary as new financial products and debt structures evolve over time.
For purposes of these guidelines:
(g) “debt” means bonds, loans, promissory notes, lease-purchase agreements, certificates of
participation, installment sales, leases, or any other financing mechanism or financial
arrangement, whether or not a debt for legal purposes, for financing or refinancing, for or on
behalf of a state university or a direct support organization, the acquisition, construction,
improvement or purchase of capital outlay projects;
(h) “capital outlay project” means (i) any project to acquire, construct, improve or change the
functional use of land, buildings, and other facilities, including furniture and equipment necessary
to operate a new or improved building or facility, and (ii) any other acquisition of equipment or
software; and
(i) “financing documents” means those documents and other agreements entered into by the state
university or the DSO establishing the terms, conditions and requirements of the debt issuance.
(j) “auxiliary enterprise” means any activity defined in section 1011.47(1), Florida Statutes, and
performed by a university or a direct-support organization.
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(2) Debt Affordability and Capital Planning.
(a) Concept of Affordability. One of the most important components of an effective debt
management policy is an analysis of what level of debt is affordable given a particular set of
circumstances and assumptions. More comprehensive than simply an analysis of the amount of
debt that may be legally issued or supported by a security pledge, the level of debt should be
analyzed in relation to the financial resources available to the university and its DSOs, on a
consolidated basis, to meet debt service obligations and provide for operating the university.
An analysis of debt affordability should address the impact of existing and proposed debt levels
on an issuer’s operating budget and offer guidelines or ranges to policymakers for their use in
allocating limited resources within the guidelines.
(b) Debts That May Be Issued Without BOG Approval. The following types of financings may
be engaged in by NCF, as applicable, without BOG approval:
1. NCF may finance the acquisition of equipment and software provided such financings are
accomplished in accordance with the deferred-purchase provisions in Chapter 287, Florida
Statutes.
2. NCF may finance the acquisition of equipment and software financings provided the
overall term of the financing, including any extension, renewal or refinancings, hereof, does
not exceed five years or the estimated useful life of the equipment or software, whichever is
shorter.
3. NCF may issue promissory notes and grant conventional mortgages for the acquisition of
real property. However, no mortgage or note shall exceed 30 years.
4. NCF debt secured solely with gifts and donations and pledges of gifts so long as the
maturity of the debt, including extensions, renewals and refundings, does not exceed five
years and so long as the facilities being financed have been included in the university’s fiveyear capital improvement plan that has been approved by the Board.
5. Refundings for debt service savings where final maturities are not extended.
6. Fully collateralized lines of credit intended to be used for temporary cash flow needs.
7. Energy Performance-Based Contracts, in accordance with the provisions of section
1013.23, Florida Statutes, not to exceed $10,000,000.
8. NCF may borrow up to $20,000,000 from a university DSO on a non-recourse basis to
finance a capital project. The term of the borrowing may not exceed thirty (30) years, and the
interest rate, if any, may not exceed current market interest rates. The College retains legal
title to any capital project financed in whole or in part by such loan irrespective of whether
the loan is repaid. The DSO is prohibited from transferring the note or any other instrument
associated with the borrowing to any other entity.
(3) General Debt Issuance Guidelines. The process for submitting debt for approval is as follows:
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(a) Timing. The submission of proposed debt for approval by the BOG shall be governed by the
following process:
1. The College shall formally transmit to the BOG Office a request for debt approval no later
than 60 days prior to the next regularly scheduled meeting of the BOG. The College shall also
provide a copy to the State Division of Bond Finance (“DBF”). The formal transmittal to the
BOG Office shall be in duplicate, hard copy, and bound in a three-ring binder, and include all
the information required by these guidelines. Electronic copies of supporting documentation
should be provided to the BOG Office and the DBF, to the extent available. The formal letter
of transmission must be signed by the official point of contact for the university, and any
exceptions to these Debt Guidelines shall be noted and explained. If the university board of
trustees has not yet formally approved the debt being requested, the proposed BOT meeting
date shall be provided.
2. During the review period, the BOG Office shall review the information submitted for
compliance with these Guidelines and State law, analyze general credit issues associated with
the proposed indebtedness, and review any analysis provided by DBF staff.
3. BOG and DBF staff shall jointly discuss with the College on any issues, concerns or
suggestions resulting from the review during the review period. As a result of these
discussions, the university may amend the information submitted or explain why the
suggestions were not incorporated. The BOG Office will advise the College if it believes that
any amended information is so significant that re-authorization by the BOT is required.
During this period, if the debt being requested for approval is to be issued by DBF on behalf
of the College, DBF shall submit to the BOG Office a form of a resolution for adoption
requesting that DBF issue the debt.
4. After the review period, the BOG Office shall submit the agenda item with supporting
documentation and all appropriate and required analyses to the BOG for consideration at its
next meeting. Supporting documentation for the agenda item shall also include the resolution
to be adopted by the BOG requesting issuance of the debt by DBF or a resolution approving
issuance of the debt by the DSO.
(b) Information Required for Submission. The following information shall be submitted to the
BOG Office in support of a request for approval of the issuance of debt. Additionally, the
College shall complete the “Checklist of Information Required for Submission to the BOG
Pursuant to Debt Management Guidelines,” and provide any additional information requested by
the BOG Office or DBF staff in connection with review of any proposed debt issuance.
1. A resolution of the DSO board of directors approving the debt issuances, if applicable, and
a resolution of NCF BOT approving the debt issuance and authorizing the College to request
BOG approval of the debt issuance. For debt to be issued by DBF, at the request of the
College, DBF staff will work with the College to determine a not-to-exceed amount of debt to
be included in the BOT requesting resolution to the BOG and in preparing required debt
service and source-and-use schedules.
2. The project program, feasibility studies or consultant reports (if available), and an
explanation of how the project being proposed is consistent with the mission of the
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university.
3. Estimated project cost, with schedules drawn by month and including start and completion
dates, estimated useful life, and the date bond proceeds are required.
4. The sources-and-uses of funds, clearly depicting all costs, funding sources expected to be
used to complete the project and the estimated amount of the debt to be issued.
5. An estimated debt service schedule with the assumed interest rate on the debt clearly
disclosed. If the proposed debt service is not structured on a level debt service basis, an
explanation shall be provided which gives the reason why it is desirable to deviate from a
level debt structure.
6. One consolidated debt service schedule separately showing all outstanding debt related to
or impacting the debt being proposed, the proposed debt and the new estimated total debt
service.
7. A description of the security supporting the repayment of the proposed debt and the lien
position the debt will have on that security. If the lien is junior to any other debt, the senior
debt must be described. Furthermore, a description of why the debt is proposed to be issued
on a junior lien basis must be provided. A statement citing the legal authority for the source
of revenues securing repayment must also be provided.
8. If debt is to be incurred on a parity basis with outstanding debt, a schedule showing
estimated compliance with any additional bonds requirement set forth in the documents
governing the outstanding debt. The applicable provisions of the documents for bonds of
DSOs should be provided.
9. Financial statements for five years, if available, for the auxiliary, if auxiliary revenues are
pledged.
10. A five-year history, if available, and five-year projection of the revenues securing
payment and debt service coverage. To the extent applicable, the projections must be shown
on the individual project as well as the entire system. All revenue items securing repayment
must be clearly set forth as separate line items. An explanation must be provided with regard
to growth assumptions, and to the amount and status of approval of any rate increases. The
effect of the rate increases on the projections and expected revenues and expenses for the new
facility should be clearly set forth as a separate line item. If rate increases are necessary, a
commitment must be made to increase rates to the needed levels. Major categories of any
operating expenses should be set forth as separate line items with an explanation of
assumptions regarding increases or decreases.
11. Evidence that the project is consistent with the university’s master plan or a statement
that the project is not required to be in the master plan.
12. For variable rate debt proposals:
a. the expected reduction in total borrowing costs based on a comparison of fixed versus
variable interest rates;
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b. a variable rate debt management plan that addresses liquidity and interest rate risks
and provides, at a minimum: a description of budgetary controls, a description of
liquidity arrangements, a discussion of why the amount of variable rate debt being
proposed is appropriate, and a plan for hedging interest rate exposure. If interest rate risks
are to be mitigated by the use of derivatives, then evidence that the counterparty has a
long term rating of at least an A/A2 and a swap management plan as set forth in the
BOG’s Debt Management Guidelines must be submitted;
c. a pro forma showing the fiscal feasibility of the project using current market interest
rates plus 200 basis points;
d. the total amount of variable rate debt including the proposed debt as a percentage of
the total amount of NCF debt outstanding; and
e. the individual or position that will be responsible for the reporting requirements for
variable rate debt as set forth in these guidelines.
13. If all or any portion of the financing is contemplated to be done on a taxable basis, then
evidence demonstrating that the issuance of taxable debt is in the best interest of the
university must be submitted.
14. A statement explaining whether legislative approval is required, and if required, an
explanation as to when legislative approval will be sought or evidence that legislative
approval has already been obtained.
15. A statement that the debt issuance is in accordance with the College’s debt management
policy or, if not, an explanation of the specific variances as well as the reasons supporting the
variances.
16. If a request is made to employ a negotiated method of sale, an analysis must be provided
supporting the selection of this method that includes a discussion of the factors set forth in
section (4) of this regulation.
17. A description of the process used to select each professional engaged in the transaction,
showing compliance with the competitive selection process required by this regulation.
Specific contact information for each selected professional, must be included, and at a
minimum, should disclose the professional’s name, firm name, address, email address, phone
number and facsimile number.
18. The most recent annual variable rate debt report.
(c) Approval. The BOG will consider the following factors in connection with its review and
approval of NCF debt issuance.
1. The debt is to provide funding for needed infrastructure of the College for purposes
consistent with the mission of the university.
2. The debt is being issued in compliance with the principles and guidelines set forth herein.
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3. The project information submitted is reasonable and supportable.
4. The five-year projection of pledged revenues available to pay debt service should provide
debt service coverage of at least 1.20x for both outstanding parity debt and for the proposed
new debt for all years within the five-year projection period after giving credit for any
capitalized interest and other revenues available for payment.
5. Any requirements for the issuance of additional parity debt can be reasonably expected to
be met.
(d) Purposes For Which Debt May Be Issued. Debt may be issued only to finance or refinance
capital outlay projects as defined in this regulation, including equipment and software; debt may
not be approved to finance or refinance operating expenses of the College. Refunding bonds may
be issued to achieve debt service savings. Refunding bonds may also be issued to restructure
outstanding debt service or to revise provisions of Financing Documents if it can be demonstrated
that the refunding is in the best interest of the College.
(e) Committing University Resources for Debt Issued by Direct Support Organizations. There
may be occasions where the College considers committing its financial resources on a long-term
basis in support of debt issued by a DSO or other component unit. While the nature of the
commitment may not constitute a legal debt obligation of the university, it may affect the
College’s debt position and its available financial resources. Therefore, the College should
evaluate the long-term fiscal impact upon the NCF’s debt position and available resources before
authorizing any such financial commitment. Additionally, the debt of any DSO may not be
secured by an agreement or contract with the College unless the source of payments under such
agreement or contract is limited to revenues that the College is authorized to use for the payment
of debt service. Any such contract or agreement shall also be subject to the requirements set forth
under “Security Features – Pledged Revenues” herein.
(f) Credit Ratings. In order to access the credit markets at the lowest possible borrowing cost, it
is recognized that credit ratings are critical. Therefore, for all publicly offered debt:
1. For existing bond programs, NCF and DSOs shall strive to maintain or improve current
credit ratings without adversely impacting the amount of debt which may be issued for any
particular program.
2. For all new financings, the College shall seek to structure the transaction to achieve a
minimum rating of “A” from at least two nationally recognized rating agencies. Credit
enhancement may be used to achieve this goal.
(g) Tax Status. The College has traditionally issued tax exempt debt which results in significant
interest cost savings compared with the interest cost on taxable debt. Accordingly, the College
debt should be issued to take advantage of the exemption from federal income taxes unless the
university demonstrates that the issuance of taxable debt is in NCF’s best interest. With respect
to debt which has a management contract with a private entity as part of the security feature, the
management contract should comply, to the greatest extent practical, with tax law requirements to
obtain tax exemption for the debt.
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(h) Security Features. Pledged Revenues. The debt issued by NCF and DSOs may only be
secured by revenues (including fund balances and budget surpluses) authorized for such purpose.
The revenues which may secure debt include the following:
1. Activity and Service Fee, subject to the limitation that annual debt service payable from
these fees does not exceed five percent of the revenues derived therefrom.
2. Athletic Fee, subject to the limitation that annual debt service payable from these fees
does not exceed five percent of the revenues derived therefrom.
3. Health Fee.
4. Transportation Access Fee.
5. Licenses and Royalties for facilities that are functionally related to the College operation
or DSOSS reporting such royalties and licensing fees.
6. Gifts and Donations for debt not longer than five years.
7. Overhead and indirect costs and other monies not required for the payment of direct costs
of grants.
8. Assets of NCF Foundation and DSOs and earnings thereon.
9. Auxiliary Enterprise Revenues, e.g., housing, parking, food service, athletic, retail sales,
research activities.
Revenues which are not enumerated above may not be pledged to secure debt unless authorized
by law for such purpose. In the case of College-issued debt, the pledge of revenues which secures
debt should specifically identify the sources pledged and not use general or vague terms such as
“lawfully available revenues.” Specifically identifying revenues used to secure debt will provide
certainty and transparency as to the revenues that are encumbered and avoid ambiguity or
uncertainty as to the issuer’s legal liability and NCF and their DSOs should take this into
consideration when determining the nature of the security it will provide in connection with a
debt issuance. The guidelines for pledging revenues and securing debt shall also apply to debt
structures which involve an agreement, contract or lease with the College or its DSOs, i.e., the
revenues being pledged to secure debt must be specifically identified and lawfully available for
such purpose. It is preferable, whenever possible, to secure debt with system pledges comprised
of multiple facilities within a system, e.g., housing and parking, rather than stand-alone project
finances.
(i) Functional Relationships. Revenues from one auxiliary enterprise (a “Supporting Auxiliary
Enterprise”) may not be used to secure debt of another auxiliary enterprise unless the BOG, after
review and analysis, determines that the facility being financed (the “Facility”) is functionally
related to the Supporting Auxiliary Enterprise’s revenues being used to secure such debt. The
BOG must determine whether a functional relationship exists whenever revenues from a
Supporting Auxiliary Enterprise will be used to pay or secure the debt of a Facility or when
proceeds of bonds issued by a Supporting Auxiliary Enterprise will be used, directly or indirectly,
to pay costs relating to a Facility. When a functional relationship is established between a
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Facility and a Supporting Auxiliary Enterprise, only that portion of the Supporting Auxiliary
Enterprise’s revenues that exceed its operating requirements and debt service, if any, may be
pledged to secure such debt; provided that such pledge may be on parity with outstanding debt if
permitted by the covenants and conditions of the outstanding debt.
A functional relationship exists when a nexus is established between the Facility and the
Supporting Auxiliary Enterprise’s revenues. Whether a Facility is functionally related to the
Supporting Auxiliary Enterprise’s revenues must be determined on a case by case basis, taking
into consideration the unique facts and circumstances surrounding each individual situation.
Examples of functional relationships include, but are not limited to, a parking facility intended to
provide parking to residents of a student housing facility and located within reasonably close
proximity to a student housing facility; a food services facility intended to serve residents of a
student housing facility and located within reasonably close proximity to a student housing
facility; or shared infrastructure (e.g. water lines, sewer lines, utilities, plaza areas) located within
reasonably close proximity to both the Facility and the Supporting Auxiliary Enterprise. While
representations that a Facility will provide general benefits to or enhance the experience of the
student body are desirable, this factor alone is not determinative in and of itself to establish a
functional relationship between the Facility and the Supporting Auxiliary Enterprise’s revenues.
(j) Lien Status. All bonds of a particular program should be secured by a first lien on specified
revenues. Additionally, bonds should generally be equally and ratably secured by the revenues
pledged to the payment of any outstanding bonds of a particular bond program. However, the
creation of a subordinate lien is permissible if a first lien is not available or circumstances require.
Reserve Fund. Debt service reserve requirements may be satisfied by a deposit of bond proceeds,
purchase of a reserve fund credit facility, or funding from available resources over a specified
period of time. In the submission of a request for debt issuance, it is preferred, though not
required, that the bond size for the proposed debt include provisions for funding a reserve from
bond proceeds. This will ensure that in the event the university is unable to obtain a reserve fund
credit facility it will still have an authorized bond amount sufficient to fund its needs. Debt
service reserve requirements may also be satisfied with cash balances.
(k) Credit Enhancement. Credit enhancement is used primarily to achieve interest cost savings.
Accordingly, the College and their DSOs should consider the cost effectiveness of bond insurance
or other credit enhancements when evaluating a debt issuance and the overall cost thereof. Any
bond insurance or credit enhancement should be chosen through a competitive selection process
analyzing the cost of the insurance or credit enhancement and the expected interest cost savings
to result from their use. The primary determinant in selecting insurance or other credit
enhancement should be price and expected interest cost savings; however, consideration may also
be given to the terms of any arrangement with the provider of insurance or other credit
enhancement.
(l) Capitalized Interest. Capitalized interest from bond proceeds is used to pay debt service until
a revenue producing project is completed or to manage cash flows for debt service in special
circumstances. Because the use of capitalized interest increases the cost of the financing, it
should only be used when necessary for the financial feasibility of the project.
(m) Structural Features.
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1. Length of Maturity. In addition to any restriction on the final maturity imposed by the
constitution or laws of the State, as a general guideline, the final maturity on bonds should
not exceed thirty years. Debt secured by gifts and donations shall not be considered long-term
financing but may be used as a temporary or construction loan to accelerate construction of
facilities. Accordingly, the maturity of debt secured by gifts and donations shall not exceed
five years, including roll-overs or refinancings except refinancings to implement permanent
financing. Debt issued to finance equipment and software may not be longer than five years
or the useful life of the asset being financed, whichever is shorter. Lastly, the final maturity
of the debt should not exceed the estimated useful life of the assets being financed.
2. Debt Service Structure. Generally, debt should be structured on a level debt basis, i.e., so
that the annual debt service repayments will, as nearly as practicable, be the same in each
year. A deviation from these preferences is permissible if it can be demonstrated to be in the
university’s best interest, such as restructuring debt to avoid a default and not to demonstrate
feasibility of a particular project.
3. Redemption Prior to Maturity. A significant tool in structuring governmental bonds is the
ability to make the bonds callable after a certain period of time has elapsed after issuance.
This provides the advantage of enabling the issuer to achieve savings through the issuance of
refunding bonds in the event interest rates decline. Although the ability to refund bonds for a
savings is advantageous, there may be situations where a greater benefit of lower interest
rates may be realized by issuing the bonds as non-callable. Accordingly, there is a strong
preference that bonds issued by NCF or DSOs be structured with the least onerous call
features as may be practical under then prevailing market conditions. Bonds of a particular
issue may be sold as non-callable if it is shown to be in the best interest of the College or
DSOs.
4. Debt Issued With a Forward Delivery Date. Debt issued by NCF or DSOs may be issued
with a delivery date significantly later than that which is usual and customary. This debt
typically carries an interest rate penalty associated with the delay in delivery. There are also
additional risks that delivery will not occur. Debt with a forward delivery date may be issued
if the advantages outweigh the interest rate penalty which will be incurred and the College
and DSOs are protected from adverse consequences of a failure to deliver the debt.
(n) Interest Accrual Features.
1. Fixed Rate, Current Interest Debt. Fixed rate debt will continue to be the primary means
of financing infrastructure and other capital needs. However, there may be circumstances
where variable rate debt is more appropriate, in which case, the College or DSOs shall
provide documentation as noted in these guidelines for such debt.
2. Derivatives. Alternative financing arrangements, generally referred to as derivatives, are
available in the market as an alternative to traditional bonds. Under certain market
conditions, the use of alternative financing arrangements may be more cost effective than the
traditional fixed income markets. However, these alternative financing instruments, such as
floating to fixed swap agreements, have characteristics and carry risks peculiar to the nature
of the instrument which are different from those inherent in the typical fixed rate financing.
Although the College and their DSOs should normally continue issuing conventional fixed
rate bonds, alternative financing instruments may be used when the inherent risks and
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additional costs are identified and proper provision is made to protect the BOG, the College,
and the DSOs from such risks. In determining when to utilize alternative financing
arrangements, the availability of the requisite technical expertise to properly execute the
transaction and manage the associated risks should be evaluated along with any additional
ongoing administrative costs of monitoring the transaction. Also, a comprehensive
derivatives policy should be established by the College or their DSOs and approved by the
BOG prior to approving transactions using derivatives products.
3. Capital Appreciation Bonds. Normally capital appreciation bonds, which do not require
current debt service payments, should not be used. However, when a compelling NCF
interest is demonstrated, capital appreciation bonds may be issued.
4. Variable Rate Bonds. Variable rate debt may be issued where, considering the totality of
the circumstances, such bonds can reasonably be expected to reduce the total borrowing cost
to the university or the DSOs over the term of the financing. The availability of the requisite
technical expertise to properly manage the risks and execution of the variable rate transaction
should be evaluated along with any additional ongoing administrative costs of monitoring the
transaction. There should be a solid understanding of the liquidity risk and interest rate risks
associated with variable rate debt. Further, there should be a debt management plan that
mitigates, to the extent possible, these risks over the life of the debt. The following guidelines
should apply to the issuance of variable rate debt:
a. Expected reduction in total borrowing cost. In determining reasonably expected
savings, a comparison should be made between a fixed rate financing at then current
interest rates and a variable rate transaction, based on an appropriate floating rate index.
The cost of the variable rate transaction should take into account all fees associated with
the borrowing which would not typically be incurred in connection with fixed rate bonds,
such as tender agent, remarketing agent, or liquidity provider fees.
b. Limitation on variable rate debt. The amount of variable rate debt and interest
derivative exposure is dependent on several factors associated with these types of debts.
Included in the factors associated with these instruments are NCF’s/ DSOs operating
flexibility and tightness of budget, access to short and long term capital, the likelihood of
a collateral call or termination payment, and NCF’s/ DSOs financial expertise. The level
to which the College may utilize variable rate debt obligations (“VRDO”) and interest
derivatives (like swaps, collars, and caps) is subject to an understanding of the risks
associated and a debt policy that adequately addresses the additional risks.
c. Budgetary controls. To avoid a situation in which debt service on variable rate bonds
exceeds the annual amount budgeted, the following guidelines should be followed in
establishing a variable rate debt service budget:
(I) A principal amortization schedule should be established, with provisions made for
payment of amortization installments in each respective annual budget;
(II) Provide for payment of interest for each budget year using an assumed budgetary
interest rate which allows for fluctuations in interest rates on the bonds without
exceeding the amount budgeted. The budgetary interest rate may be established by:
(1) using an artificially high interest rate given current market conditions; or (2)
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setting the rate based on the last 12 months actual rates of an appropriate index plus a
200 basis point cushion or spread to anticipate interest rate fluctuations during the
budget year. The spread should be determined by considering the historical volatility
of short-term interest rates, the dollar impact on the budget and current economic
conditions and forecasts; or, (3) any other reasonable method determined by the
College or DSOs and approved by the BOG;
(III) The amount of debt service actually incurred in each budget year should be
monitored monthly by the College or DSOs to detect any significant deviations from
the annual budgeted debt service. Any deviations in interest rates which might lead
to a budgetary problem should be addressed immediately; and
(IV) As part of the effort to monitor actual variable rate debt service in relation to the
budgeted amounts and external benchmarks, the College or DSOs should establish a
system to monitor the performance of any service provider whose role it is to
periodically reset the interest rates on the debt, i.e., the remarketing agent or auction
agent.
d. Establish a hedge with short-term investments. In determining the appropriate amount
of variable rate debt which may be issued by the College or DSOs, consideration should
be given to mitigating the variable interest rate risk by creating a hedge with short-term
investments. This “hedge” mitigates the financial impact of debt service increases due to
higher interest rates because, as debt service increases, the College or DSOs earnings on
short-term investments also increases. Appropriate personnel should monitor the hedge
monthly. Short-term investment as a hedge is one of several methods of mitigating
interest rate risk. The ratio of such short-term investments to variable debt needs to be
examined in conjunction with other interest rate risk hedging, striking an overall balance
to minimize interest rate risk.
e. Variable interest rate ceiling. The bond documents should include an interest rate
ceiling of no greater than 12%.
f. Mitigating interest rate risks with derivatives. The College or DSOs are allowed to use
various derivatives to mitigate the risk of rising interest rates on variable rate debt.
However, the introduction of these derivatives also presents other risks for which the
university must mitigate. These risks include rollover risk, basis risk, tax event risk,
termination risk, counterparty credit risk and collateral posting risk. At a minimum,
NCF/DSOs engaging in this type of interest rate risk mitigation must provide:
(I) Evidence that the counterparty has a long term rating of at least an A/A2;
and
(II) A swap management plan that details the following:
i. Why the university is engaging in the swap and what the objectives of the swap
are.
ii. The swap counterparty’s rating.
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iii. An understanding by the issuer of the cash flow projections that detail costs
and benefits for the swap.
iv. The plan of action addressing the aforementioned risks associated with swaps.
v. The events that trigger an early termination (both voluntary and involuntary)
under the swap documents, the cost of this event and how such would be paid.
vi. The method for rehedging variable rate exposure should early termination be
exercised.
vii. A list of key personnel involved in monitoring the terms of the swap and
counterparty credit worthiness.
g. Liquidity. One of the features typical of variable rate debt instruments is the
bondholder’s right to require the issuer to repurchase the debt at various times and under
certain conditions. This, in theory, could force the issuer to repurchase large amounts of
its variable rate debt on short notice, requiring access to large amounts of liquid assets.
There are generally two methods for addressing this issue. With the first method, issuers
that do not have large amounts of liquid assets may establish a liquidity facility with a
financial institution which will provide the money needed to satisfy the repurchase. The
liquidity provider should have a rating of A1/P1 or higher. The liquidity agreement does
not typically run for the life of long-term debt. Accordingly, there is a risk that the
provider will not renew the agreement or that it could be renewed only at substantially
higher cost. Similar issues may arise if the liquidity provider encounters credit problems
or an event occurs which results in early termination of the liquidity arrangement; in
either case the issuer must arrange for a replacement liquidity facility. With the second
method, issuers with significant resources may choose to provide their own liquidity.
This approach eliminates the costs that would be charged by a third party liquidity
provider and could mitigate the renewal/replacement risk. If the College/DSOs chose to
provide its own liquidity, the institution must maintain liquid assets or facilities equal to
100% of the outstanding VRDOs.
h. Submission of periodic reports. The College will prepare and submit to the BOT and
the BOG an annual variable rate debt report showing the position during the previous
period of the College or DSOs variable rate debt with respect to the following: (1) the
total principal amount of variable rate debt to principal amount of total debt; (2) the
amount of debt service accrued during the reporting period in relation to the pro-rata
amount of annual budgeted debt service for the reporting period. If the amount of debt
service which accrued during the reporting period exceeded the pro-rata amount of
annual budgeted debt service for the period, the university shall explain what actions
were taken to assure that there would be sufficient revenues and budget authority to make
timely payments of debt service during the subsequent years; (3) the amount of variable
rate debt in relation to the amount of NCF’s/DSOs’ short-term investments, and any other
strategies used to hedge interest rate risk.
4. Other Types of Financings
a. Refunding Bonds. Generally, refunding bonds are issued to achieve debt service
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savings by redeeming high interest rate debt with lower interest rate debt. Refunding
bonds may also be issued to restructure debt or modify covenants contained in the bond
documents. Current tax law limits to one time the issuance of tax-exempt advance
refunding bonds to refinance bonds issued after 1986. There is no similar limitation for
tax-exempt current refunding bonds. The following guidelines should apply to the
issuance of refunding bonds, unless circumstances warrant a deviation therefrom:
(I) Refunding bonds should be structured to achieve level annual debt service
savings.
(II) The life of the refunding bonds should not exceed the remaining life of the bonds
being refunded.
(III) Advance refunding bonds issued to achieve debt service savings should have a
minimum target savings level measured on a present value basis equal to 5% of the
par amount of the bonds being advance refunded. The 5% minimum target savings
level for advance refundings should be used as a general guide to guard against
prematurely using the one advance refunding opportunity for post-1986 bond issues.
However, because of the numerous considerations involved in the sale of advance
refunding bonds, the 5% target should not prohibit advance refundings when the
circumstances justify a deviation from the guideline.
(IV) Refunding bonds which do not achieve debt service savings may be issued to
restructure debt or provisions of bond documents if such refunding serves a
compelling university interest.
(o) Certificates of Participation and Lease-Type Financing. the College or DSOs may utilize these
financing structures for all purposes, but it shall be considered as debt for the purposes of these
guidelines and the universities shall always budget and make available monies necessary to pay
debt service, notwithstanding the right to cancel the lease. Additionally, for lease purchase
financings of equipment, the College or DSOs should consider using the State’s consolidated
equipment financing program if it will reduce costs and ensure a market interest rate on the
financing.
Conversions of existing variable rate debt. A conversion between interest rate modes pursuant to
the provisions of variable rate financing documents does not require BOG approval. However,
ten days prior to the conversion, the College or DSOs must notify the BOG Office of a
conversion and provide a summary of the terms of (i.e. interest rate, debt service schedule, etc.)
and reasons for the conversion. the College or DSOs should answer all questions and provide any
additional information that the Board deems necessary to fully understand the conversion.
(4) Method of Sale and Use of Professionals.
(A) Analysis of Method of Sale. It is in the best interests of the College or DSOs to use the
method of sale for their debt that is expected to achieve the best sale results. Based upon the facts
and circumstances with regard to each individual financing, it may be more appropriate to sell
debt through either a competitive sale or through negotiation. Accordingly, the College or DSOs
may utilize either a competitive or negotiated sale. If, however, a request is made for DSOs to
sell debt using a negotiated sale, the university must provide the Board with an analysis showing
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that a negotiated sale is desirable. The analysis should include, but not necessarily be limited to, a
consideration of the following factors:
1. Debt Structure
a. pledged revenues – strong revenue stream vs. limited revenue base;
b. security structure – conventional resolution, cash flow, rate and coverage covenants vs.
unusual or weak covenants;
c. debt instrument – traditional serial and term bonds vs. innovative, complex issues
requiring special marketing; and
d. size – a smaller transaction of a size which can be comfortably managed by the market
vs. a large size which the market cannot readily handle.
2. Credit Quality
a. ratings – “A” or better vs. below single “A”; and
b. outlook – stable vs. uncertain.
3. Issuer
a. type of organization – well-known, general purpose vs. special purpose, independent
authority;
b. frequency of issuance – regular borrower vs. new or infrequent borrower; and
c. market awareness – active secondary market vs. little or no institutional awareness.
4. Market
a. interest rates – stable; predicable vs. volatile;
b. supply and demand – strong investor demand, good liquidity vs. oversold, heavy
supply; and
c. changes in law – none vs. recent or anticipated
Bonds may also be sold through a private or limited placement, but only if it is determined that a
public offering through either a competitive or negotiated sale is not in the best interests of the
College or DSOs.
(B) Allocation of Bonds. In the event a negotiated sale by DSOs is determined by the College to
be in NCF’s best interest, syndicate rules shall be established which foster competition among the
syndicate members and ensure that all members of the syndicate have an opportunity to receive a
fair and proper allocation of bonds based upon their ability to sell the bonds.
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(C) Report on Sale of Bonds. The College or DSOs shall prepare a report on the sale of bonds or
anytime it incurs debt. The report shall be prepared and provided to the BOG as soon as
practicable but in no event later than one month after closing the transaction, in the format and
manner provided by the BOG, which at a minimum shall include the following:
1. The amount of the debt.
2. The interest rate on the debt.
3. A final debt service schedule or estimated debt service schedule if a variable rate debt or
the interest rate is subject to adjustment.
4. Any aspect of the transaction that was different from the transaction submitted for
approval.
5. Itemized list of all fees and expenses incurred on the transaction, including legal fees.
6. For negotiated sale of bonds:
(a) the underwriters’ spread detailing the management fee;
(b) takedown by maturity and aggregate takedown;
(c) any risk component and an itemized list of the expense component;
(d) orders placed by each underwriter and final bond allocation;
(e) total compensation received by each underwriter; and
(f) any report or opinion of the financial advisor.
7. Final official statement for publicly offered bonds.
8. Bond insurance or any other form of credit enhancement and the terms thereof.
(D). Credit rating reports. Selection of Financing Professionals. The use of underwriters for
negotiated financings and the use of financial advisors for negotiated and competitive offerings is
necessary to assist in the proper structuring and sale of debt. To assure fairness and objectivity in
the selection of professionals and to help select the most qualified professional, the selection of
underwriters and financial advisors should be accomplished through a competitive selection
process. A competitive selection process allows the College or DSOs to compare more
professionals and obtain the best price and level of service.
(5) Disclosure.
(A) Primary Disclosure. The College and DSOs shall use best practices in preparing disclosure
documents in connection with the public offer and sale of debt so that accurate and complete
financial and operating information needed by the markets to assess the credit quality and risks of
each particular debt issue is provided.
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The disclosure recommendations of the Government Finance Officers Association’s “Disclosure
for State and Local Governments Securities,” and the National Federation of Municipal Analysts’
“Recommended Best Practices in Disclosure for Private Colleges and Universities” should be
followed to the extent practicable, specifically including the recommendation that financial
statements be prepared and presented according to generally accepted accounting principles.
(B) Continuing Disclosure. DSOs shall fulfill all continuing disclosure requirements set forth in
the transaction documents and as required under Rule 15c2-12 of the Securities and Exchange
Commission.
(6) Post-Issuance Considerations. Investment of Proceeds of Debt Issued by DSOs.
(A) Construction Funds. Funds held for payment of debt service and all other funds held as
required by the documents of any financing shall be invested consistent with the terms of the
Financing Documents.
(B) Arbitrage Compliance. The College will comply with federal arbitrage regulations. Any
arbitrage rebate liabilities should be calculated and funded annually.
(7) Effect. The foregoing guidelines shall be effective immediately and may be modified from time
to time by the BOG as circumstances warrant. The guidelines are intended to apply prospectively to
the College or DSOs, and not to adversely affect the College or DSOs debt currently outstanding or
projects approved by the BOG or BOT prior to, or existing, as of January 26, 2006.
History: Section 7(d), Art. IX, Fla. Const., History: New 4-27-06, Amended 9-16-10 by BOG. Adopted as
Regulation at NCF 11-6-10. Renumbered 11-16-10.
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3-2008 Electronic Funds Transfer.
Electronic Funds Transfer (“EFT”) is defined as the transmission of an electronic message to a financial
institution instructing it to make an electronic entry reflecting the transfer of ownership of funds from one
depositor to another. This regulation is adopted pursuant to the requirements of Section 1010.11, Florida
Statutes, and sets forth the College’s written policies prescribing the accounting and control procedures
under which any funds under its control are allowed to be moved by electronic transaction for any
purpose, including direct deposit, wire transfer, withdrawal, or investment.
The execution of this regulation which concerns the handling of College funds is delegated to
administrative agents who act under the President’s supervision. The College’s Business Office is
responsible for the daily management of College bank balances and the general oversight of EFT activity.
The College Controller is specifically designated to assist the Board in matters concerning funds
handling. Periodically, the College Controller designates staff authorized to initiate and approve EFTs on
behalf of the College.
Electronic Funds Transfer can be accomplished via the Automated Clearing House (“ACH”) or wire
transfer. ACH is the College’s preferred mechanism, but wire transfer is acceptable when conditions do
not support the use of ACH. Except in rare circumstances, both ACH and wire transfers are processed
through on-line banking software provided by the College’s banking partner.
(1) Electronic Funds Transfer Procedures. To promote the safety of College funds in the electronic
funds transfer environment, the following procedures will be adhered to:
(a) The procedure to initiate an EFT is subject to the same financial policies, procedures, and
controls that govern disbursement by any other means.
(b) EFT transactions will not be made without proper authorization of affected parties in
accordance with federal and state statute and accepted business practices.
(c) The College will provide to the disbursing bank a list of the names and titles of persons
authorized by the College to initiate Electronic Funds Transfer Requests (authorized
representatives), as well as associated transfer limits. The disbursing bank will be notified in a
timely fashion of any changes to this list.
(d) All EFTs should be initiated by computer-based systems when possible. Phone wire transfers
should be used only as back-up in an emergency. Phone transfers, except for transfers between
college accounts and payroll transfers to the State, will require approval by an authorized
representative other than the initiator.
(e) The mechanism by which EFT requests are communicated to the disbursing bank will have adequate
controls to prevent unauthorized access to both the system and to its various functionalities. These
controls should include password protected user accounts, Personal Identification Numbers (PINs), and a
designated security administrator(s) role. The security administrator(s) shall ensure that adequate
separation of duties exists in accordance with accepted internal control standards and will protect the
integrity of system user profiles. This includes assigning system IDs to users, changing user IDs as
necessary, and assisting users with technical problems related to the EFT system. In addition, the Security
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Administrator(s) will assign users access to functions and is authorized to lock out personnel as directed
by the Controller.
(f) Requests for the electronic transfer of funds other than transfers among the College’s various
bank accounts within the same financial institution require approval by an authorized
representative other than the initiator. In no case will an individual have the capability to initiate,
approve, and record an EFT to the General Ledger.
(g) Because EFTs between College bank accounts has reduced risk, the Business Office may use
EFT on a routine basis to concentrate funds for payment and investment purposes. Although risks
are minimal for transfers between College accounts, reasonable controls should exist with regard
to authorization, reconciliation, and review of these transactions.
(h) Where EFT’s are recurring, the security administrator(s) will initiate the establishment of a
template with receiving and disbursing bank information that may not be altered by those
assigned to its use. The set up of and modifications to these templates will require the signature
of two authorized College signatories.
(i) Bank balances will be monitored daily for unusual or unexpected transactions.
(j) Reconciliation of banking activity to the General Ledger will be accomplished in a timely
manner with investigation and resolution of reconciling items.
History: adopted as new regulation 5-14-11.
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3-3001 Environmental Health and Safety.
The personal health and safety of students, faculty, staff, and the visiting public is of primary concern to
the State University System and NCF. A safe and healthy environment in which faculty, staff, and
students to may pursue their activities is of such importance that it will be given a high priority for
implementation. A program is hereby provided to minimize injury and hazards to health, and damage to
property. Toward this goal, NCF adopts the current version of the OSHA Standards, 29 CFR 1910 and 29
CFR 1926 as the minimum safety guidelines in accordance with Governor’s Executive Order 2000-292.
(1) The responsibility for establishing an environmental health and safety program, for leadership of
the program and for its maintenance, improvement and effectiveness rests ultimately upon the
President.
(2) A formal statement of policy on environmental health and safety and written procedures for
carrying out the program are hereby promulgated. NCF recognizes that a complete environmental
health and safety program adequately funded and staffed with professional personnel is an essential
ingredient in maintaining a safe environment at NCF.
(3) The Director of Environmental Health and Safety has the responsibility for identification,
evaluation, control and correction of hazards in the core areas of fire protection, industrial hygiene,
occupational safety, hazardous waste management, biosafety, environmental management,
ergonomics, and accident prevention and investigation.
(4) Operational surveillance of these activities is so varied and diverse that regular preventive health
and safety surveys are required throughout the NCF campus to maintain compliance with applicable
rules and regulations.
(5) The responsibilities of the various officials accountable for NCF’s Environmental Health and
Safety program are as follows:
(a) President
1. Responsible for all matters pertaining to Environmental Health and Safety, provides the
assurance that NCF moves toward compliance with all state and federal regulations related to
health and safety.
2. The President delegates operational authority for Environmental Health and Safety to the
Vice President for Finance and Administration.
(b) Vice President for Finance and Administration.
1. Assumes institutional responsibility through the Director of Environmental Health and
Safety for overall health and safety practices and their effective administration at all NCF
facilities.
2. Works with deans, directors, division chairs and all units at NCF through the Director on of
Environmental Health and Safety.
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3. Assures there is a strong working liaison between Environmental Health and Safety and all
other units at NCF.
4. Reviews the nominations submitted for appointment to NCF committees related to
environmental health and safety.
5. Reviews agreements that NCF may utilize during emergency operations with the counties'
Division of Emergency Management and American Red Cross as appropriate.
(c) The Director of Environmental Health and Safety. The Director of Environmental Health and
Safety is responsible for:
1. Developing and maintaining written safety standards and procedures necessary to protect
the health and safety of NCF’s community. These procedures are based on applicable federal
and state laws, codes, standards and regulations.
2. Developing , coordinating, and conducting training seminars aimed at promoting safety
awareness, increasing proficiency in safe practices, and explaining NCF’s safety standards
and procedures.
3. Administering a Fire Safety Program. This includes Life Safety Code compliance, liaison
with State Fire Marshall, and fire safety training.
4. Inspecting NCF facilities to detect existing or potential accident and health hazards and
develops corrective or preventive measures where indicated.
5. Coordinating an accident, injury and occupational health investigation program.
6. Coordinating the NCF College-wide Emergency Operation Plan and Continuity of
Operations Plan (COOP) with the NCF Police Department, and works closely with the
County and State Emergency Management as appropriate. Serve as COOP liaison with the
BOG Emergency Coordinating Officer (ECO) as per BOG Regulation 3.001.
7. Administering an Industrial Hygiene Program. This includes asbestos program
management, respiratory protection, indoor air quality monitoring, confined space entry,
lockout/tagout, hearing conservation, personal protective equipment and workplace
monitoring.
8. Administering a Hazardous Waste Management and Occupational Health Program. This
includes biosafety, chemical hygiene, and chemical hazard communication, community rightto-know, disposal of chemical/biomedical waste, and blood borne pathogen, maintenance of
underground/aboveground storage tanks, as well as managing environmental audits and
contingency plans.
9. Administering an Environmental Sanitation/Water Quality Program. This includes food
service inspections and water collection and analysis as deemed necessary, and monitoring
Department of Health inspection reports on food service and water programs.
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10. Administering a General Safety Program. This includes ergonomics, workstation reviews
and equipment safety.
11. Providing assistance in all areas of Environmental Health and Safety to any unit of the
College requesting the same.
12. Maintaining contact with the federal, state and local regulatory agencies to be aware of
all environmental health and safety rules and regulations that apply to College operations.
13. Serve as the designated Safety Coordinator as liaison with the Department of
Management Services as per section 284.50, Florida Statutes.
(d) Deans, Directors, and Division Chairs. Divisions and/or departments at all College facilities
and campuses shall assign safety responsibility as required and designate building supervisors and
safety representatives to assist the Director of Environmental Health and Safety when unusual
problems are encountered or when safety consultation is required.
1. Assume responsibility for enforcement and dissemination of Environmental Health and
Safety policies and operational procedures pertinent to the personnel and facilities under their
direction.
2. Disseminate Environmental Health and Safety policies of the various applicable safety
committees to all employees in their unit.
3. Notify all faculty members, supervisors, principal investigators and staff that they are
responsible for implementation and enforcement of health and safety regulations in their
areas of responsibility.
Approved as policy on 4-27-02. Revised and approved as regulation on 9-11-10.
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3-3002 Emergency Operations, Continuity of Operations, and Emergency Notifications.
(1) The Office of Environmental Health and Safety and the NCF Police Department will together
maintain an Emergency Operation Plan (EOP) to assist the campus in preparation and response to
emergencies and crisis situations.
(2) The Office of Environmental Health and Safety will coordinate the development of the NCF
Continuity of Operations Plan (COOP) in accordance with section 252.365, Florida Statutes and BOG
Regulation 3.001.
(3) Emergency notifications to the NCF community will be established through the Emergency
Operations Plan, the Continuity of Operations Plan, and protocol established NCF Police Department
as warranted by the given event.
(4) In the event of an emergency, Faculty, staff and students will be appropriately directed by
Campus Police, Public Affairs, or other College officials, depending on the nature of the event, via
multiple modes of communications. Communications may include but are not limited to e-mail, text
messaging, pre-recorded voice scripts, VOIP Announcements, web page updates, and external mass
notification speakers.
Approved as Policy 6-008 on 4-27-02. Revised as regulation on 11-6-10.
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3-3003 Accident/Injury and Loss Control Prevention.
This regulation establishes the proper procedures for the reporting, investigating, and prevention of
injuries and illnesses to the faculty, staff, students and the public at of NCF, in addition to processing
claims.
(1) The Director of Environmental Health and Safety (EH&S) and the Director of Human Resources
will co-manage the Workers’ Compensation Program for NCF. Both individuals have liaison
responsibility with the State Division of Risk Management for this program. It is essential that both
directors maintain liaison with each other within their respective areas of responsibility so that
accidents to NCF personnel can be minimized.
(a) The Director of EH&S’s Responsibilities:
1. Serves as a resource to all areas and personnel of NCF to minimize accident or illness
through various programs.
2. Develops, coordinates and conducts training in the following programs: Accident
Prevention and Investigation, Laboratory Safety, Chemical Safety (OSHA Hazard
Communication and Laboratory Chemical Hygiene), Fire Safety, BioSafety, Office Safety
(Ergonomics and Workstation Reviews), Back Safety and Lifting, Respiratory Protection,
Personal Protective Equipment, Industrial Hygiene, Emergency Preparedness and other
programs requested or identified through need or risk assessments.
3. Serves as the Department of Financial Services’ Division of Risk Management liaison for
the purpose of coordinating and reporting Workers' Compensation claims for NCF, including
maintenance of all Workers’ Compensation files and work status reports for NCF.
4. Implements return to work and stay at work programs as required by the Division of
Financial Services’ Loss Prevention Standards by working closely with the Workers’
Compensation Carrier and Division, and helping injured or ill employees of NCF meet the
modified duty restrictions established by Workers’ Compensation Physicians.
(b) The Director of Human Resources’ Responsibilities
1. Monitors Workers’ Compensation claims and lost-time injuries.
2. Advises department and division supervisors and employees about return-to-work
requirements, and assists in accommodating the injured worker in the modified workplace.
3. Verify appropriate leave, attendance, and Family Medical Leave related to Workers’
Compensation.
(2) General Liability. NCF, through the State Risk Management Trust Fund, maintains limited
liability coverage for negligent acts of employees as defined in chapter 284, Part II, Florida Statutes,
and section 768.28, Florida Statutes. Known accidents or injuries to the general public or students
must be reported to the NCF Police Department or to the Director of EH&S.
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Approved as Policy 6-009 on 4-27-02. Regulation number approved 6-29-10. Revised as regulation 11-610.
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3-3004 Environmental Regulatory Compliance Procedures.
This regulation provides procedures for compliance and corrective action of associated with
environmental health and safety reviews.
(1) The Vice President of Finance and Administration is responsible for regulating environmental
compliance and corrective action activities at NCF. He or she may delegate that responsibility to the
Director of Environmental Health and Safety.
(2) The Vice President of Finance and Administration or his or her designee is responsible for
conducting environmental health and safety reviews to ensure compliance with federal, state and local
rules as they pertain to NCF activities.
(3) The Vice President for Finance and Administration or his or her designee will conduct
environmental health and safety reviews on a scheduled basis or as needed in departments and
divisions within the NCF community.
(4) Reviews may be either announced or unannounced, but in either case are designed to be
informative and non-punitive; however, should flagrant and egregious problems continue, problems
will be referred to the appropriate authority for further action.
(5) A report of findings and recommendations will be submitted to the division chair or department
director with a copy to the Provost and the Vice President for Finance and Administration.
(6) NCF is subject to unannounced inspections and enforcement from the Florida Department of
Environmental Protection (DEP) and the US Environmental Protection Agency (EPA).
(7) The Director of Environmental Health and Safety will serve as liaison on all regulatory
compliance inspections conducted by the DEP and the EPA.
(8) Enforcement action resulting from citations from the DEP or the EPA typically result in monetary
fines as derived from a penalty matrix. Such fines, or portions of fines, will be the responsibility of
the department or division responsible for the violation.
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3-3005 OSHA Hazard Communication Standard and Chemical Hygiene Standard.
The following regulation facilitates compliance by establishing guidelines regarding the administration of
OSHA’s Hazard Communication Standard and Chemical Hygiene Standard for Laboratories.
(1) OSHA’s Hazard Communication Standard imposes an obligation on NCF to inform all
employees of the listed toxic substances to which they are exposed in the work place and to provide
training in safe handling practices and emergency procedures.
(2) The Chemical Hygiene Standard for Laboratories requires all laboratories using hazardous
chemicals to develop safety and health plans specific to their operations and the chemicals that they
use.
(3) The role, scope and program responsibilities to comply with the intent of these standards are as
follows:
(a) Director of Environmental Health and Safety
1. Coordinate implementation of the Hazard Communication Standard and the Chemical
Hygiene Standard, ensuring that departments comply with the requirements under the law.
2. Provide guidelines for employee training and assist in training a department trainer.
3. Provide the local fire department and/or the College’s Public Safety Department with a
complete list of toxic substances, by location, for the entire campus.
(b) Individual Departments
1. Inventory the workplace for all chemicals, following established inventory procedures and
send the completed inventory to the Division of Environmental Health and Safety.
2. Maintain a file containing Material Safety Data Sheets (MSDS) on all chemicals to serve
as a ready source of information for employee inquiries. Select one location within the
department to house the MSDS file. Update the MSDS file as new toxic substances are
introduced in the workplace and send copies of all sheets to the Division of Environmental
Health and Safety.
3. Upon request, provide a copy of the MSDS to the employee for any toxic substance to
which the employee has been, is or may be exposed. This request must be complied with
within five working days.
4. Instruct, within the first thirty (30) days of employment, and at least annually thereafter, on
the adverse health effects of each listed toxic substance with which the employee works, how
to use each substance safely and what to do in case of emergency. Each training session
should be documented and a copy forwarded to the Director of EH&S.
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5. Actively seek out the use of less toxic substitutes that are equivalent in effectiveness.
Restrict the use of toxic substances by personnel until properly trained and stop the improper
use of any toxic substance.
6. All laboratories using chemicals must develop a chemical hygiene plan meeting the
requirements of OSHA Regulations 29CFR 1910.1450.
(c) Coordinator of Purchasing. Incorporate wording within the College’s purchase orders and
bid specifications requiring vendors to list any listed toxic substance and to provide a Material
Safety Data Sheet (MSDS) for each, at the time of delivery. Providing this information is the
vendor's duty under the law. If the vendor does not include an MSDS in the shipment for each
substance, notify the vendor of the same or contact the manufacturer of the substance.
(d) Director of Human Resources. Include information on employee rights under the Hazard
Communication Standard in the new employee orientation program. This may be used to
supplement more detailed training to be provided, as necessary, by the new employee's
department or division.
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3-3006 Canines on Campus.
This regulation provides guidelines for the management of dogs on the NCF campus. Its language is
intended to protect the health, safety, and welfare of students, faculty, staff and the general public.
(1) Canines, except for service dogs, are not permitted in NCF patio areas adjacent to swim facilities,
in recreational facilities such as racquet ball and tennis courts, natural beaches and shorelines, in food
or dormitory facilities, inside College buildings (except as permitted in (3)), or at special events such
as flea markets and open air concerts.
(2) In all parts of the campus where canines may be permitted, such animals must be kept securely
tied by a line or leash not to exceed ten (10) feet in length. Canines are not permitted to run at large
on any streets, unimproved lots or premises within the boundaries of NCF and should not be tethered
and left unattended.
(3) Executive administration, deans, or division chairs may restrict canines within any building within
their responsibility based on building use, personnel conflict with the animal, animal aggressiveness
toward individuals, or for other purposes that restrict the academic mission and the work processes of
NCF.
(4) All canines on campus must be current on vaccinations, have valid rabies inoculation and county
registration certificates/tags, and not display aggressive behavior toward others.
(5) The consequences for violation are as follows:
(a) Student violators will be referred to the Office of Student Affairs for disciplinary action in
accordance with the Student Code of Conduct.
(b) Staff violators will be referred to their supervisor.
(c) Non-College violators will be referred to the NCF Police Department. The first violation will
result in a warning; further violations will result in a charge of trespass.
New Policy 6-004 established on 4-27-02. Revised as regulation on 9-11-10.
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3-3007 Operation of Boats.
This regulation applies to the operation of any boat purchased from State funds or any boat acquired by
other methods but which is operated and maintained by NCF. This regulation also applies to any boat not
owned by NCF but operated in part or wholly with State funds, and used for official NCF business.
(1) Boats for official New College of Florida business.
(a) Such boats will be operated only by staff so designated in writing by the administrative
official having the responsibility for their supervision.
(b) Staff so designated will be fully aware of the liability, current operating and safety
requirements of the law. Such requirements will be complied with during all operations. Any
operation will be conducted with the awareness of the staff member's immediate superior.
(c) Boats owned and operated by the College are to be used for specific purposes and must not be
utilized for any other use without written authority.
(d) Such boats are to be considered as registered vehicles of the College and will be afforded the
same safe stowage applying to such vehicles.
(e) Workers' compensation coverage will only apply during authorized use of boats.
(f) Boats may only be operated by employees or registered volunteers of NCF, with specific
position descriptions describing such operation.
(g) Boats may only be operated by individuals who have the appropriate license, training and
certifications to operate any given vessel, and must have all appropriate safety gear and
equipment on-board and operational by law.
(h) State liability insurance will not provide liability coverage to anyone operating a vessel
outside of course and scope of their employment.
(2) Boats used in the Student Activities Program.
(a) Boats may be used only during daylight hours unless written permission is received from the
College’s administration.
(b) Boats must have safety equipment as specified and required by law.
(c) Boats must always have at least one experienced and qualified operator aboard.
(d) Boats may not be used when small craft warnings are in effect.
(e) The Dean of Students is responsible for this program and persons using boats must follow the
specific rules and regulations as established by the department.
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(f) All individuals operating boats as part of the Student Activities program assume personal
liability for the operation of the vessel for damage to other property and or persons as this is
considered outside the course and scope of the State’s liability program.
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3-3008 NCF (State) Vehicles.
All operators of NCF (State) vehicles (excluding electric carts, boats, boat motors/engines, turf
equipment, construction equipment) must follow the following regulations.
(1) NCF (State) vehicles are to be used for official NCF business only.
(2) Drivers
(a) Only an NCF employee, registered volunteer, or student employee with a current valid
Florida Driver's license (non-Florida if student and out-of-state resident), will be allowed to an
NCF (State) vehicle. If driving is a duty of an NCF employee, the employee’s position
descriptions should reflect this fact. If the vehicle falls into the classification that requires a
Commercial Driver's License (C.D.L.), the operator will have the C.D.L. with the proper
endorsements appropriate to the type of vehicle operated in accordance with section 322.10,
Florida Statutes.
(b) Driver shall not permit riders except those directly involved in the purpose for which vehicle
is being used.
(c) 3. Vehicles may only be used in course and scope of employment activities as related directly
to NCF business. Other use or operation of vehicles, and use by unapproved individuals will
render the State’s Auto liability invalid and may result in personal liability exposure.
(3) Rental Vehicles. The State of Florida maintains a vehicle rental contract that NCF employees
may use for official business.
(4) Centralized Repair and Inspection Station
(a) A Centralized Repair and Inspection Station is established under the management of the
Director of the Physical Plant, and the responsibilities of same include:
1. Establishing procedures for repairs, etc.
2. Establishing and enforcing preventative maintenance guidelines.
3. Routinely evaluating vehicles as to usefulness, efficiency, and safety of operation.
4. Establishing priorities for repairs and services.
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3-3009 Fire and Security Monitoring Systems.
This regulation provides guidelines, and approval procedures for the installation and operation of the NCF
fire and security alarm systems, as well as to insure uniformity and maintenance compatibility throughout
the NCF Campus.
(1) The Director of Environmental Health and Safety, as the designated Fire Safety Officer for the
campus, will develop policy regarding fire alarm monitoring systems, fire safety devices, and fire
drills in accordance with applicable fire codes and the Office of the State Fire Marshal.
(2) The Chief of the NCF Police Department will develop policy in coordination with the Director of
Physical Plant and consult on the installation of all security alarms.
(3) The Director of Physical Plant is responsible for and has the authority to maintain the NCF Fire
and Security alarm systems.
(4) B. The Director of Physical Plant is responsible for approving the installation of all new fire alarm
systems and security systems, or the modification of existing systems, including those designed via
major and minor projects by the Director of Facilities Planning.
(5) The NCF Police Department will electronically monitor all fire and security alarms unless other
means or parties authorized by The NCF Police Department, Environmental Health and Safety, and
the State Fire Marshal have been approved and authorized.
(6) Alarm monitoring fees may be charged to the department or division receiving the service as
appropriate.
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3-3010 Fireworks
The following regulations are promulgated regarding the authorized use, storage, or handling of fireworks
and explosive pyrotechnics as defined below on all NCF property, to minimize the hazard potential for
accidents, injuries and legal liabilities to students, employees, and visitors.
(1) Definition of Fireworks and Explosive Pyrotechnics. The term “fireworks” and “explosive
pyrotechnics” as defined by section 791.01, Florida Statutes, shall mean and include a combustible or
explosive mixture or any substance or combination of substances except sparklers or toy pistol caps,
prepared for the purpose of producing a visible or audible effect by combustion, explosion,
deflagration or detonation, and shall include blank cartridges (except those under NCF Police
control). Devices used for signaling at sporting events (i.e., 22 or 32 caliber revolver starting pistols)
are exempt.
(2) All campus organizations or individuals considering contractual agreements requesting the use
and/or storage of fireworks or other explosive pyrotechnics as defined above on the NCF campus
shall request approval in writing from the Vice President for Finance and Administration or his or her
designee, the NCF Police Department, and the local fire authority prior to entering into said
contractual arrangement. Fireworks displays shall be conducted only by pyrotechnics companies
licensed by the State Fire Marshall. Notice shall be given at least thirty (30) days prior to any planned
pyrotechnics display.
(a) The application must be submitted to the local fire department for review and approval at least
sixty (60) days in advance of the event.
(b) Copies of Fire Department approved applications shall be delivered to the Vice President for
Finance and Administration and NCF Police Department no later than thirty (30) days in advance
of the event.
(c) Rescheduling of the event must be approved by the Vice President for Finance and
Administration, the NCF Police Department and the local fire authority.
(3) All contracts with firms/individuals must state that displays will meet the requirements of any and
all applicable state, county, and city laws or safety standards pertaining to licensure and permits,
certificates of competency, and display methods.
(4) The Vice President for Finance and Administration or his or her designee or the NCF Police
Department are authorized to suspend or terminate a pyrotechnics display at any time at their
discretion or at the advice of the event sponsor or local fire safety officials.
(5) Sponsors of pyrotechnic events or contractors shall furnish a certificate of liability insurance in the
amount of $1,000,000, naming NCF and the Board of Governors as additional insureds.
(6) All fireworks displays shall be conducted by licensed and insured pyrotechnics vendors following
the Standards of NFPA 1123, Code for Fireworks Display, and all state, local, and federal regulations
and ordinances governing fireworks displays in Florida and the City of Sarasota.
(7) The display contractor is required to conduct an on-site safety assessment prior to and at the
termination or the end of the display. Criteria will be utilized to ensure the safety of spectators.
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(8) Handling and launching of pyrotechnics shall only be done by the contractor. The contractor
and/or sponsor shall provide adequate personnel to monitor perimeters of discharge and landing sites
before exhibits begin, and continue monitoring until sites have been inspected after displays and an
"all clear" signal has been given.
(9) Use of remote ignition systems which are not under direct control of on-site operators shall not be
permitted.
(10) Discharge sites shall be positioned at distances meeting current National Fire Protection
Association criteria. All displays shall be set up using methods for interrupting firing in the event any
unforeseen safety problem arises.
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3-3011 Cart/Utility Vehicle Operation.
This regulation provides guidelines for the use of electric or gas-powered carts and/or similar
utility type vehicles at NCF. The intent is to establish proper safety procedures and practices, as
well as to promote and provide for a safer environment for students, faculty and staff.
(1) All members of the NCF community are governed by this regulation (students, staff,
faculty and contractors/vendors). All operators of carts must meet the following criteria
before operating a cart on property under the jurisdiction of NCF:
(a) Possess a valid Florida driver's license.
(b) Know and adhere to the State of Florida motor vehicle laws.
(c) Successfully complete Cart Safety Training Program (operator's training will
include a signing of a statement of understanding).
(2) NCF employees who will be operating carts are required to obtain a Florida driver's
license within thirty (30) days after commencement of such employment or notice that they
will be operating a cart as part of their job duties. Full-time out-of-state students who have a
valid driver's license from their state of residence are exempted from the requirement of
obtaining a Florida driver's license for only that period of time allowed by Florida law.
(3) The safe operation of carts is paramount. Failure to follow these regulations, render
common practices or courtesies, or follow rules of the road for the State of Florida could
result in citation, appropriate disciplinary action, and/or suspension of operator's cart driving
privileges.
(4) All new cart acquisitions must meet the minimum safety features found in National
Highway Safety and Traffic Administration (NHSTA), Standard 500 (49 CFR Part 571.500),
hereafter "Standard 500." As of the effective date of this regulation, the purchase of used,
remanufactured, or transferred (from another NCF department or division) carts not meeting
Standard 500 is prohibited. Carts belonging to and operated by contractors and other nonaffiliated departments/companies, corporations, etc. must meet Standard 500.
(5) Standard 500 carts must be maintained so that all original equipment safety features are
kept in good working order.
(6) Minimum Safety features for carts not Standard 500 (acquired by Department prior to
effective date of this policy) are to include:
(a) Carts must be four-wheeled vehicles. No three-wheeled vehicles are allowed
to be operated on campus.
(b) All original equipment safety features must be kept in good working order.
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(c) All carts and trailers (pulled by carts) must have clearly displayed on the
exterior of the cart and trailer the slow moving vehicle reflective triangle.
(7) The following outlines procedures for the safe operation of carts:
(a) a. Supervisors must monitor and ensure that all persons operating carts have
been instructed in the safe operation of carts and have attended the Cart Safety
Training Program.
(b) The speed limit for carts off standard roadways is 15 mph.
(c) Carts meeting Standard 500 criteria may operate on NCF roadways, but must
adhere to posted speed limits on NCF roadways. All other carts are prohibited
from operating on the roadways of the campus except when crossing from one
side of the street to another or utilizing a roadway where no sidewalk exists. In
most cases, sidewalks are to be used while right-of-way is to be rendered to all
pedestrians. Note: Operators are to use due caution in crosswalks. Carts using
pedestrian crosswalks do not have the right-of-way.
(d) Modification or tampering with a cart's governor is prohibited and is a
violation of Federal Law.
(e) The operator must report any accidents to the NCF Police Department and to
the operator's supervisor. The NCF Police Department will forward cart accident
information to the Vice President for Finance and Administration for processing.
(f) Cart operators are to use extreme caution at all times.
(g) Operators may not wear headsets while operating carts.
(h) With the exception of Bay Shore Road from Caples Drive to 58th Street,
operators are prohibited from operating carts on roadways outside the boundaries
of NCF.
(i) With the exception of garages, carports, port cocheres, workshops specifically
designed to accommodate motor vehicles, operators are prohibited from
operating carts inside, under, or through the confines of NCF buildings.
(j) Pedestrians have the right-of-way on campus. Carts must yield to pedestrians
on sidewalks. Speed is to be reduced to a minimum when driving along or
crossing sidewalks so as to avoid accidents with pedestrians.
(k) Cart operators are to be diligent and pay particular attention to the needs of
disabled persons, as limitations in vision, hearing or mobility may impair their
ability to see, hear, or move out of the way of carts.
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(l) Carts are not to be overloaded, i.e. carrying more passengers than seating
provided or overloading the cart's recommended carrying or load capacity.
(m) The name and telephone number of the College department, and NCF
identification number (provided by Physical Plant at the Department's expense)
must be displayed prominently on NCF-owned carts. Contractors and other nonaffiliated departments/companies, corporations, etc. must display company name
and vehicle identification number (VIN) on their carts at the owner's expense.
(n) Cart operators are responsible for ignition keys for the period of time in
which they are using the vehicle. Keys shall not be left in carts.
(o) Operators must park carts away from heavily traveled pedestrian areas or in
designated cart parking areas.
(p) Cart operators are not to block the path nor limit pedestrian access on
walkways.
(q) NCF-owned carts are to be used for NCF business only.
(8) All cart operators must attend the Cart Safety Training Program prior to operating a cart.
(9) NCF-owned carts are to be maintained in accordance with manufacturer and Physical
Plant's recommended service schedule.
(a) Repairs and regular maintenance are the responsibility of the department or
the division owning the cart. Departments or divisions are financially responsible
for all repair and maintenance costs (labor, parts, and supplies) for the carts. The
Department or division is required to keep all preventative maintenance and
repair records related to the cart; however, for those services provided by Vehicle
Maintenance, Vehicle Maintenance will keep such records.
(b) Departments are responsible for keeping all original equipment and safety
features in good working order.
(10) With the exception of street-legal carts with valid license plates and registration used for
commuting purposes, personally-owned carts are prohibited from operating on NCF property;
however, special consideration will be given to community members needing ADA
accommodations.
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3-3012 Risk Management and Insurance Programs.
The following regulation is issued to facilitate internal and external communications regarding the
administration of NCF’s risk management and insurance programs.
(1) The role, scope and program responsibilities of the various personnel accountable for the
College’s risk management and insurance programs are as follows:
(a) Director of Environmental Health and Safety
1. Responsible for overall coordination and effectiveness of all insurance loss control
programs in terms of minimizing costs to the College through accident investigation and
training programs.
2. Responsible for coordination of the correction of all physical hazard conditions that may
have caused injury or illness in order to prevent further injury or liability.
(b) Coordinator of Purchasing and Director of Facilities Planning
1. Responsible for providing the State of Florida comprehensive general liability insurance
certificate to vendors/lessors when required by agreement.
2. Responsible for administration of any contractual requirements that contractors or
subcontractors (when applicable for services performed on College property) furnish as
evidence of the required Worker's Compensation, Property Damage and Public Liability,
Automobile Liability, and Products Liability Insurance with New College of Florida, the
BOT, the State of Florida, the BOG, as additional named insured on such liability insurance
policies.
3. Responsible for administration of any contractual requirements when contractors who
perform services on NCF property furnish a Performance and Payment Bond, when
applicable.
4. Responsible for NCF premium assessments and payments.
(c) Controller. Responsible for NCF premium assessments and payments.
(d) Director of Human Resources in coordination with the Director of Environmental Health and
Safety.
1. Responsible for processing of all Worker's Compensation claims including both medical
and salary compensation. This also includes maintaining attendance records submitted by the
department for time loss days.
2. Responsible for receiving and processing all Notice of Injury forms before sending copies
to the Division of Risk Management. Sends copies of the Injury Investigation Report to the
Director of Environmental Health and Safety for review and appropriate investigation and
correction of occupational hazards.
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3. Responsible for developing and implementing a Worker's Compensation program which
assists departments in returning injured employees to work, provides training to NCF staff,
and encourages reduction in the cost of claims and resulting insurance premiums.
(e) General Counsel
1. Responsible for representing the NCF’s interests in legal proceedings arising from general
liability, workers' compensation liability or contracts and lease liability.
2. Responsible for assuring that request for accident reports and other information in
connection with liability claims involving students are properly processed according to
Federal and State privacy laws.
3. Responsible for handling inquiries from lawyers representing clients with general liability
or workers' compensation claims and suits against NCF.
4. Responsible for interpreting statutes, rules and insurance polices as they pertain to NCF.
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3-4001 [6C11-8.001] Employment Classification.
This section of the Regulations Manual, numbered in the 3-4000s, contains regulations applicable to one
or more groups of NCF employees. Provisions of this section are subject to collective bargaining
agreements. To the extent this section contradicts or is inconsistent with a ratified collective bargaining
agreement, the collective bargaining agreement will be the controlling authority for those covered
employees.
(1) The Board of Trustees is responsible for establishing and the president is responsible for
administering and maintaining the personnel programs. The president may delegate the authority and
responsibility for personnel actions within the area for which the designee is responsible.
(2) College employment consists of the following defined classes of employment:
(a) Executive Service Employees: Executive Service positions ordinarily report directly to the
President, unless otherwise specified, and may include the vice presidents and other positions
responsible for policy-making at the executive level. Employees in the Executive Service serve at
the will of the President; however, faculty members who serve in positions designated as
Executive Service shall retain their earned tenure as a faculty member.
(b) Faculty employees: Assigned the principal responsibility of teaching, research, or public
service activities or for administrative responsibility for functions directly related to the academic
mission.
(c) Administrative and Professional Employees (A&P): A & P employees are assigned
administrative and management responsibilities or professional duties.
(d) University Support Position Services Employees (USPS): USPS employees include positions
assigned paraprofessional, clerical, secretarial, technical, skilled crafts, service, or maintenance
duties.
(e) Other Personnel System Employees (OPS): OPS positions are temporary, not established
positions. OPS employees receive no annual leave, sick leave, or other employment benefits
beyond salary.
Specific Authority section 1001.74(19) Florida Statute. Law Implemented 1001.74(19) FS.
History–Approved as 6C11-8.001 on 1-28-04. Deemed as regulation by BOG in March, 2005. Revised
9-11-10.
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3-4002 [6C11-8.002] Conflict of Interest.
This regulation applies to all NCF employees; provided, however, that its application is subject to the
terms and conditions of any existing applicable collective bargaining agreements in the case of employees
who are members of a collective bargaining unit and are represented by a collective bargaining agent.
NCF employees are bound to observe, in all official acts, the highest standards of ethics consistent with
the code of ethics of the State of Florida, Chapter 112, Part III, Florida Statutes, and the advisory opinions
rendered with respect thereto. Other provisions of State law govern obligations and responsibilities of
employees who receive State compensation in addition to their annual salary.
Specific Authority 1001.74(19) Florida Statutes. Law Implemented 112.313, 112.3145, 1001.74(19) FS.
History–Approved as 6C11-8.002 on 1-28-04. Deemed as regulation by BOG in March, 2005. Revised
9-11-10.
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3-4003 Employee Security Checks and Screenings.
This regulation specifies the protocols and responsibilities in conducting security checks on
Administrative and Professional (A&P), University Support Personnel System (USPS), Executive Service
(ES), Faculty and Other Personnel Services (OPS) job candidate(s) to whom an offer of employment has
been extended but employment has not yet begun. Security checks on volunteers are also required in
certain situations. Security background checks involving current employees are also addressed. This
regulation supplements the employment and education verification process performed in support of
NCF’s hiring process.
(1) Requirement for Security Background Checks.
(a) A&P, USPS, ES, Faculty and OPS Job Candidates. Security background checks will be
conducted on all A&P, USPS, ES, Faculty and OPS job candidate(s) to whom an offer of
employment has been made. The post offer, pre-employment background check will include:
1. Name and address verification.
2. Social Security Number verification.
3. Potential criminal history through fingerprint search (state and national).
(b) Designated Positions of Special Trust. A security background check shall apply to current
employees in designated positions of special trust and accepted volunteers in positions whose
duties may include one or more of the following:
1. Directly working with minors or children attending any district school system or university
lab school as defined in section 1012.32(2)(a), Florida Statutes.
2. Access to cash, credit card numbers and/or checks.
3. Access to campus buildings as a result of being assigned building master keys that remain
in the employee’s possession while off-duty.
4. Ability to complete final processing of payroll, investments or purchase orders.
5. Ability to access underlying codes or processing protocol supporting NCF ERP computer
systems applications or complete final processing of ERP security access transactions.
(3) Driver’s License Verification. A security background check to verify that a candidate possesses a
valid driver’s license and verification of the candidate’s driving history will be performed on
candidates offered positions whose duties include, but are not limited to, operating licensed motor
vehicles owned by NCF at least one time per week. Driver’s license and driving record checks may
be performed annually at the discretion of NCF management.
(4) Grounds for Denying Employment. If the security background check reveals any felony or first
degree misdemeanor convictions or adverse driving history (where applicable), the following factors
will be considered to determine whether the convictions are grounds for denying employment or
acceptance as a volunteer:
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(a) The nature and gravity of the offense.
(b) The time period that has lapsed since the conviction.
(c) The nature of the position being considered.
(d) Other statutory requirements.
(5) Responsibility of Current Employees. Current employees and volunteers shall notify NCF
management of any felony or first degree misdemeanor of which they are convicted or, if applicable
to their position, if their driver’s licenses is suspended subsequent to their employment or volunteer
work with NCF. Such notification must be made within three (3) working days of the conviction or
driver’s license suspension. Factors identified in Section (3) will be considered in determining the
individual’s continued employment disposition.
(6) Background Checks of Current Employees. In addition to requirements noted in Section (1)(b), a
security background check may be conducted on a current employee if NCF management has reason
to believe an employee falsified his or her employment application, or for other justifiable reasons.
Except for ongoing police investigations, the Department of Human Resources will be responsible for
conducting any security background checks on current employees. Should a security background
check reveal any felony or first degree misdemeanor convictions not previously divulged by an
employee/volunteer, Human Resources will consult with the appropriate department regarding the
individual’s continued employment disposition.
(7) Applicable Collective Bargaining Agreements. This regulation applies to all NCF employees and
volunteers, provided, however that its application is subject to the terms and conditions of any
existing applicable collective bargaining agreements in the case of employees who are members of a
duly recognized collective bargaining unit.
(8) Review and Responsibility. The Director of Human Resources shall be responsible for
implementing this regulation.
Deemed as regulation by BOG in March, 2005. Approved as regulation 11-5-05. Revised 9-11-10.
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3-4004 [6C11-8.003] Employment of Relatives.
This rule applies to all NCF employees; provided, however, that its application is subject to the terms and
conditions of any existing applicable collective bargaining agreements in the case of employees who are
members of a collective bargaining unit and are represented by a collective bargaining agent.
(1) Employment of related persons in a single organizational unit or in work-related organizational
units is permitted, provided that such employment will not involve a conflict of interest, including but
not limited to participation by the relative in making recommendations or decisions specifically
affecting the appointment, retention, tenure, work assignments, evaluation, promotion, demotion, or
salary of the related person. The Vice President/Provost responsible for the subject organizational unit
shall determine, and document in writing, prior to employment of related persons, that a conflict of
interest will not occur.
(2) “Relatives” or “related” persons are those related to each other in one of the following ways:
domestic partner, husband; wife; parent; child; brother; sister; spouse of a child, brother, or sister; or
parent, child, brother, or sister of spouse.
Specific Authority 1001.74(19) Florida Statutes. Law Implemented 1001.74(19) FS.
History–New 1-28-04 as Rule 6C11-8.003. Deemed as regulation by BOG in March, 2005. Revised 911-10.
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3-4005 [6C11-8.004] Seeking or Holding Elective Public Office.
(1) Any employee who intends to seek election to and hold public office shall notify the President or
President’s designee of their intentions in writing.
(2) The President or President’s designee shall consider whether the employee’s candidacy for
holding public office will interfere with the full discharge of the employee’s duties.
(3) If it is determined that the candidacy will interfere with the full discharge of the employee’s
duties, the employee shall be advised in writing that if he/she chooses to continue to pursue the
candidacy, he/she will be required to take a leave of absence or submit a resignation, as determined
by the President or President’s designee.
(4) Sworn law enforcement officers must take a leave of absence without pay during the period of
office seeking, pursuant to section 99.012(7), Florida Statutes.
Specific Authority 1001.74(19) FS. Law Implemented 99.012(7), 104.31, 1001.74(19) FS.
History–Approved as rule 6C11-8.004 on 1-28-04. Deemed as regulation by BOG in March, 2005.
Revised 9-11-10.
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3-4006 [6C11-8.005] Outside Activity.
(1) General.
(a) An employee shall not engage in any outside activity which interferes with the full and
competent performance of the employee’s duties in the public interest. Nothing in this rule is
intended to discourage an employee from engaging in outside activity in order to increase their
professional reputation, service to the community, or income, subject to the conditions stated
herein.
(b) “Outside Activity” shall mean any private practice, private consulting, or other activity,
compensated or uncompensated, which is not part of the employee’s NCF duties and for which
NCF has provided no compensation.
(c) An employee engaging in any outside activity shall not use the facilities, equipment, or
services of NCF in connection with such outside activity without prior written approval of the
Vice President/Provost responsible for the employee’s organizational unit. Such approval may be
conditioned upon reimbursement for the direct costs resulting from the use thereof.
(d) An employee engaging in outside activity shall take reasonable precautions to ensure that the
outside employer or other recipient of services understands that they are engaging in such outside
activity as a private citizen and not as an employee, agent, or spokesperson of NCF.
(2) Reporting Requirement.
(a) Any General Faculty or Administrative and Professional employee who proposes to engage in
any outside activity which the employee should reasonably conclude may create a conflict of
interest, or which may otherwise interfere with the full performance of the employee’s
professional or institutional responsibilities, shall submit a complete written report of outside
activity to their supervisor prior to engaging therein.
(b) The reporting provisions shall not apply to activities performed wholly during a period in
which the employee has no appointment with the State University System.
(c) In the event the proposed outside activity is determined to constitute a conflict of interest or
other interference with the employee’s NCF duties, the supervisor shall discuss the matter with
the employee within two weeks of receipt of the employee’s written notification.
(d) If the matter is unresolved following this discussion, the employee may refer the matter to the
responsible Vice President/Provost, who shall determine whether the outside activity creates a
conflict of interest or otherwise interferes with the employee’s NCF duties. The employee shall
be notified in writing of NCF’s final action on the determination no later than three weeks from
the date the matter was referred to the Vice President/Provost.
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(e) The employee may engage in such outside activity pending the decision of the Vice
President/Provost. If the Vice President/Provost determines that there is a conflict of interest or
other interference with the employee’s NCF duties, the employee shall cease such activity
immediately and turn over to NCF any compensation earned therefrom.
Specific Authority 1001.74(19) Florida Statutes. Law Implemented 112.313, 112.3145, 1001.74(19) FS.
History–Approved as rule 6C11-8.005 on 1-28-04. Deemed as regulation by BOG in March, 2005.
Revised 9-11-10.
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3-4007 [6C11-8.006] Misconduct.
(1) Applicability. This rule applies to all College employees; provided, however, that its application is
subject to the terms and conditions of any existing applicable collective bargaining agreements in the
case of employees who are members of a collective bargaining unit and are represented by a
collective bargaining agent.
(2) College employees who intentionally act to impair, interfere with, or obstruct the mission,
purposes, order, operations, processes, and functions of the College shall be subject to appropriate
disciplinary action by College authorities as set forth in the applicable rules and laws governing such
actions. Misconduct shall include, but not be limited to, the following:
(a) Violence or threat of violence to others or against one’s self.
(b) Theft, conversion, misuse, damage or destruction of College property or of the property of
members of the College community.
(c) Unauthorized interference with the freedom of movement of any member or guest of the
College.
(d) Unauthorized interference with or impeding the rights of others to carry out their activities or
duties at or on behalf of the College or in entering, using, or leaving any College facility or
scheduled activity.
(e) Interference with academic freedom and freedom of speech of any member or guest of the
College.
(f) Non-compliance with written or oral requests or orders of authorized College personnel in the
performance of their official duties.
(g) Providing false information to College officials, withholding required information from
College officials or others, or misusing College documents.
(h) Possession or use of fireworks, explosives, dangerous chemicals, ammunition, or weapons on
campus without the written approval of the appropriate College authority.
(i) Creating or in any way initiating a false alarm.
(j) Misuse of, or interference with, firefighting equipment.
(k) Disturbing the peace.
(l) Violation of the College policy concerning the use of alcoholic beverages on campus.
(m) Illegal possession or misuse of drugs and other controlled substances.
(n) Unauthorized solicitation of funds.
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(o) Violation of the Laws of Florida or of the United States – any act that could constitute a
violation of the laws of this state or nation will establish cause for legal and/or disciplinary action
by the College.
(p) Endangering the health, safety, and welfare of members or guests of the College.
(q) Sexual harassment or other forms of illegal discrimination.
(r) Misuse or duplication of any College key.
(s) Violation of the College policy concerning smoking in buildings.
(t) Fabrication, falsification, plagiarism, misrepresentation of findings or other deviation from
accepted practices in carrying out research or reporting the results of research, or failure to
comply with legal requirements governing research.
(3) This rule shall apply to acts conducted on or off campus when relevant to the orderly conduct,
processes, and functions of the College.
Specific Authority 1001.74(19), 1012.92(1) FS. Law Implemented 1012.92(1), (2), (3) FS. History–
New 1-28-04. Deemed as regulation by BOG in March, 2005. .
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3-4008 [6C11-8.007] Employee Selection and Appointment.
This Regulation applies to all General Faculty and Administrative and Professional employees; provided,
however, that its application is subject to the terms and conditions of any existing applicable collective
bargaining agreements in the case of General Faculty and Administrative and Professional employees
(1) Search and selection.
(a) The selection of General Faculty and Administrative and Professional employees shall be the
responsibility of the appropriate administrative officer having supervisory responsibility over the
position and applicable State University System and NCF policies and procedures.
(b) The appropriate administrator shall secure reliable and detailed information on candidates and
reach decisions on their relative merits. Candidates selected for final consideration should be
provided with information such as: title and nature of position, approximate salary, type of
contract, basic assignment, and other duties inherent in the position. The candidate should also be
provided with information concerning NCF and the State University System.
(c) If practicable, the candidate reaching the final stages of the search should be invited for
personal interviews with appropriate personnel.
(d) In making preliminary contacts with candidates, it should be made clear that no offer of
employment is being made.
(2) Appointments.
(a) The hiring authority shall verify and document education and experience of the recommended
candidate.
(b) After deciding to recommend a candidate for appointment, the official in charge of the
employment unit should transmit the recommendation to the appropriate administrative officers.
(c) The responsible Vice President/Provost may then offer the candidate employment by means of
a contract or letter of appointment, subject to the provisions of section 216.311, Florida Statutes.
(d) No contract or letter of appointment shall be for a term exceeding one year.
(e) All contracts shall be signed by the President, the responsible Vice President/Provost, and the
employee.
Specific Authority 1001.74(19) FS. Law Implemented 216.311, 1001.74 (19)FS.
History. Approved as rule 6C11-8.007 on 1-28-04. Revised as regulation on 9-11-10.
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3-4009 [6C11 8.008 and 6C11 8.015] Grievances
(6C11 8.008)
(1) Applicability. This rule applies to all General Faculty and Administrative and Professional
employees; provided, however, that its application is subject to the terms and conditions of any
existing applicable collective bargaining agreements in the case of General Faculty and
Administrative and Professional employees who are members of a collective bargaining unit and are
represented by a collective bargaining agent.
(2) All problems shall be resolved whenever possible before the filing of a grievance, and open
communication is encouraged so that resort to the grievance procedure will not normally be
necessary.
(3) The burden of proof shall be on the College in a grievance alleging violation of Rule 6C11-8.009,
F.A.C., Discipline. In all other grievances, the burden of proof shall be on the grievant.
(4) It is the intent of this rule to provide a complete response to a grievance but not to encourage
multiple processing of the same issue. If, prior to or while seeking resolution of a dispute under this
rule, a grievant seeks resolution of the matter in any other forum, whether administrative or judicial,
the College shall have no obligation to entertain or proceed further with the matter pursuant to this
rule. The College’s response to other individuals or groups having appropriate jurisdiction in any
other procedure shall not be an act or omission giving rise to a grievance under this procedure.
(5) All time limits contained in this rule may be extended by agreement of the parties. Upon failure of
the grievant to file an appeal within the time limits provided in this rule, the grievance shall be
deemed to have been resolved at the prior step.
(6) Definitions.
(a) The term “grievance” shall mean a dispute concerning the grievant’s rights regarding the
terms and conditions of employment.
(b) The term “grievant” shall mean a non-unit Administrative and Professional or General Faculty
employee who has been directly affected by an act or omission of the College and who has filed a
written grievance under this rule.
(c) The term “days” shall mean calendar days. In the event an action falls due on Saturday,
Sunday, or a state holiday, the action will be considered timely if it is accomplished by 5:00 p.m.
on the following business day.
(d) The term “counsel” shall mean a lawyer or lay advisor.
(7) Step 1.
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(a) All grievances shall be filed in writing with the person designated by the President as Step 1
Representative for the unit of the College in which the grievant performs duties, with a copy to
the Office of the General Counsel, within 25 days following the act or omission giving rise
thereto, or the date the grievant knew or reasonably should have known of such act or omission if
that date is later. The identification of applicable designated Step 1 Representatives may be
obtained from the Clerk of the College.
(b) The written grievance shall contain the following information: grievant’s name; name and
address of counsel, if any; specific provision(s) of College or Board of Governor’s rule or
regulation claimed to have been violated; a statement of the grievance, including the acts or
omissions which are claimed to have given rise to the grievance; the remedy sought; and
signature. The College will dismiss a grievance that is not in substantial compliance with this
section or that is untimely filed. The dismissal shall be without prejudice to the grievant’s right to
file a timely amended grievance curing the defect, unless it conclusively appears from the face of
the grievance that the defect cannot be cured. If the College dismisses a grievance, it shall
immediately notify the grievant of the dismissal, all defects, and how such defects can be cured.
The grievant shall have ten (10) calendar days from the date of dismissal to file an amended
grievance curing the defect. If the grievance is dismissed for untimely filing, the amended
grievance must demonstrate that the untimely filing was the result of excusable neglect. The
grievant may, in the written grievance that is filed, request the postponement of any action in
processing the grievance formally for a period of up to 25 days, during which period efforts shall
be made to resolve the grievance informally.
(c) Upon the grievant’s written request, additional extensions of up to 25 days should be liberally
granted unless to do so would impede resolution of the grievance. During such postponement
period(s), upon request, the Step 1 Representative may, at his/her discretion, arrange an informal
conference between the appropriate administrator and the grievant.
(d) The grievant may at any time terminate a postponement period by giving written notice to the
Step 1 Representative that the grievant wishes to proceed with the Step 1 meeting provided for
below. If the initial postponement period, or any extension thereof, expires without such written
notice, the grievance shall be deemed informally resolved to the grievant’s satisfaction and need
not be proceeded further.
(e) The Step 1 Representative shall conduct a meeting no later than 15 days following receipt of
the grievance, if no postponement is requested, or receipt of written notice that the grievant
wishes to proceed with the Step 1 meeting.
(f) At the Step 1 meeting the grievant shall have the right to present any evidence in support of
the grievance.
(g) The Step 1 Representative shall issue a written decision, stating the reasons therefor, within
25 days following the conclusion of the Step 1 meeting. The decision shall include a finding as to
whether the grievance concerns a substantial interest of the grievant and/or whether there are any
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disputed issues of fact material to the grievance. In the event the decision at Step 1 refers to
documents not presented by the grievant at the Step 1 meeting, copies of such documents shall be
attached to the decision.
(8) Step 2.
(a) If the grievance is not satisfactorily resolved at Step 1 the grievant may request review by the
responsible Vice President/Provost by delivering a written request within 10 days of receipt of the
Step 1 decision. The Step 2 review must state the reason(s) for the grievant’s dissatisfaction with
the Step 1 decision.
(b) The responsible Vice President/Provost may schedule a Step 2 meeting with the grievant
and/or other appropriate persons or may issue a decision on review of the documents alone, at
his/her discretion.
(c) The responsible Vice President/Provost will issue a written decision, stating the reasons
therefore, within 25 days following the conclusion of the Step 2 meeting or within 25 days of
receipt of the Step 2 review request if no meeting is held. At the time of issuance of the Step 2
decision, the responsible Vice-President/Provost shall give the grievant notice of the Step 2
decision pursuant to Section 120.569(1), F.S.
(d) If the Step 2 decision determines the grievant’s substantial interests, the grievant may request
a hearing under Section 120.57, F.S., by submitting a petition to the Clerk of the College with a
copy to the President, within twenty-one (21) days of receipt of notice of the Step 2 decision. The
petition shall conform to the requirements of Rule 28-106.201, F.A.C. if the requested hearing
involves disputed issues of material fact, or Rule 28-106.301, F.A.C. if it does not. Proceedings
conducted pursuant to paragraph 6C11-8.008(8)(d), F.A.C., shall be conducted in accordance
with Sections 120.569 and 120.57, F.S., and Chapter 28-106, F.A.C.
Specific Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04. Deemed as
regulation by BOG in March, 2005.
(6C11 8.015)
(1) Applicability. The following grievance procedures apply to all University Support Personnel Staff
employees; provided, however, that their application is subject to the terms and conditions of any
existing applicable collective bargaining agreements in the case of University Support Personnel Staff
employees who are members of a collective bargaining unit and are represented by a collective
bargaining agent.
(2) Definition of grievance. A grievance is defined as the dissatisfaction that occurs when an
employee believes that any condition affecting the employee’s terms and conditions of employment is
unjust, inequitable, or creates a problem, except that an employee shall not have the right to file a
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grievance concerning performance appraisals unless it is alleged that the appraisal is based on factors
other than the employee’s performance.
(3) Suspensions, involuntary reductions in pay, transfers, layoffs, involuntary demotion and
dismissals shall not be grievable under this process, and review of such actions may be handled in
accordance with the provisions of Board of Education Rule 6C-5.760, F.A.C., which governs
arbitration appeals or other actions in accordance with grievance procedures contained in applicable
collective bargaining agreements.
(4) Procedures for filing grievances (permanent employees).
(a) Step 1 – Any USPS employee, regardless of the source of funds from which the position is
funded, who has a grievance must file either orally or in writing the grievance with his or her
immediate supervisor within seven (7) calendar days from the date the employee becomes aware
of the act or condition that is the basis of the grievance.
(b) Step 2 – If the grievance is not resolved, the grievance shall be filed in writing within seven
(7) calendar days to the College dean or director, a copy to the employee’s immediate supervisor,
and a copy to the Assistant Director of Personnel acting as Chief Administrative Officer
responsible for local administration of these grievance provisions.
(c) Step 3 – If the grievance is not resolved at Step 2, the Chief Administrative Officer, upon
request by the grievant, shall review and furnish the employee a written decision within 30
calendar days from the date the grievance is filed at Step 3. The decision is final and binding on
all parties, except for grievances referenced below.
(d) Procedural review. If it is alleged that the College failed to comply with Board of Education
Rules, an employee shall have the right to file the grievance with the Chancellor within five (5)
work days of receipt of the College’s decision.
(5) Procedures for filing grievances (non-permanent employees).
(a) Step 1 – Any USPS employee without permanent status, regardless of the source of funds
from which the position is funded, who has a grievance, may file the grievance either orally or in
writing with the immediate supervisor who shall attempt to resolve the grievance.
(b) Step 2 – If the grievance is not resolved, the grievance shall be filed in writing with the nextlevel supervisor, the original to the immediate supervisor. The decision made by the next-level
supervisor will be considered final. Employees who do not have permanent status in the USPS
shall not have the right to proceed with a grievance to the Chief Administrative Officer.
(6) Grievability of performance appraisals alleging factors other than performance.
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(a) Any USPS employee who alleges that factors other than job performance were used by the
supervisor in determining the Below Performance rating received shall file the grievance at Step
2.
(b) The review of the grievance at any step shall be solely to determine whether the performance
was done in an arbitrary and capricious manner.
(c) If a reviewer determines that the performance appraisal was done in an arbitrary and
capricious manner, the reviewer shall have the authority to order that the appraisal be marked
“NOT VALID” and direct that another performance appraisal be conducted.
Specific Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History—New 1-28-04. Deemed as
Updated 11-4-11
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3-4010 [6C11 8.009] Discipline
(2) Just cause shall be defined as:
(a) Incompetence, or
(b) Misconduct.
(3) Suspension and Termination. The appointment of a College employee may be suspended or
terminated during its term for just cause. When the President or the responsible Vice
President/Provost has reason to believe that suspension or termination should be imposed, the
President/Vice President/Provost shall provide the employee with a written notice of the proposed
suspension or termination and the reasons thereof. The employee shall be given at least ten days in
which to respond to the President/Vice President/Provost before the proposed action is taken. After
considering the employee’s response, or after the expiration of the response period should the
employee fail to respond, the President/Vice President/Provost shall issue a written notice of action.
(4) Notice of Suspension or Termination. All notices of disciplinary action shall include a statement
of the reasons for the action and the effective date and shall be sent by registered mail, return receipt
requested. During the period following notice, the employee may, at the discretion of the
President/Vice President/Provost, be reassigned.
(5) Other Disciplinary Action. The responsible Vice President/Provost retains the right to impose
probation, counseling, psychiatric treatment, community service, restitution, drug or alcohol
rehabilitation for just cause. Counseling and psychiatric treatment shall not be considered disciplinary
action. In determining such disciplinary action the Vice President/Provost shall consider the severity
of the violation, the harm caused, fiscal loss, the employee’s employment record and the employee’s
length of service.
(6) Leave Pending Investigation. Notwithstanding the provisions above, the Vice President/Provost
may immediately place an employee on paid leave pending investigation when the Vice
President/Provost has reason to believe that the employee’s presence on the job would adversely
affect the functioning of the College, impede investigation of the alleged act warranting disciplinary
action, or jeopardize the safety or welfare of other employees or colleagues. Within two working
days, excluding weekends and designated holidays, the employee shall be sent a written statement of
reasons for the leave by certified mail, return receipt requested.
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Specific Authority 1001.74(19), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 128-04. Deemed as regulation by BOG in March, 2005.
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3-4011 [6C11 8.010] Non-Reappointment
(2) The College’s offer of employment shall be consistent with the following:
(a) Appointments shall not create any right, interest, or expectancy beyond the specific period of
time set forth in the appointment, as modified by paragraph (c) below.
(b) Employees appointed with a modifier other than Regular (for example Visiting or Acting) are
not entitled to any notice of non-reappointment.
(c) Employees who are issued an employment contract with a clause providing that employment
will cease on the date indicated and further notice is not required, are not entitled to the notice of
non-reappointment referenced in paragraph (c) below.
(3) Faculty and A&P employees may be non-reappointed upon written notice from the
President/designee. The period of notification (prior to the effective date of non-reappointment) is
based on the employee’s length of continuous employment as Regular Faculty or A&P as follows:
(a) 3 months notification for all Regular A&P employees and Faculty in their first year of
employment;
(b) 6 months notification for all Regular A&P employees after their first year of employment;
(c) 6 months notification for all Regular Faculty during their second year of employment; and
(d) 12 months notice for all Regular Faculty with two or more years of service.
(4) Following receipt of the notice of non-reappointment, employees may be assigned other duties
and responsibilities and/or placed on leave. The College is committed to compensate the employee
until the effective date of non-reappointment or separation from employment for other reasons
(whichever is sooner); however, a change in assignment may affect the employee’s compensation as
follows:
(a) If administrative duties are removed for which a stipend was granted, the stipend shall be
removed;
(b) If temporary additional duties are removed, for which a temporary special pay increase was
granted, the temporary special pay increase shall be removed; or
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(c) If the employee agrees to a voluntary demotion which includes a reduction in salary during the
notice period.
Specific Authority 1001.74, 1012.92 FS. Law Implemented 1001.74, 1012.92 FS. History–New 1-28-04.
Deemed as regulation by BOG in March, 2005.
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3-4012 [6C11 8.012] Employee Recognition Program
(1) The New College of Florida Employee Recognition Program shall provide for recognition of
eligible employees.
(2) The College is authorized to expend State funds for recognition and awards to employees in
compliance with this rule. Any award will be contingent upon the availability of funds. Nothing in
this rule is intended to govern the expenditure of private funds to which the College may have access.
(3) The awards provided for herein shall acknowledge employee achievement in the following
components:
(a) Superior Accomplishment – Exemplary performance by faculty members, or Administrative
and Professional (A&P), or USPS employees, that is deemed to have significantly contributed to
their respective field, thereby reflecting positively on the caliber of the State University System.
(b) Service – Sustained satisfactory service with the State University System by faculty members,
A&P, or USPS employees.
1. Eligible employees may be recognized for service upon retirement.
2. Eligible employees will be recognized upon achieving increments of five continuous years
of satisfactory service at the College.
(4) Superior Accomplishment Component.
(a) Awards for superior accomplishment may be presented to eligible employees on an individual
basis or collectively for outstanding group performance. The Human Resources Director
coordinates the selection process for the College-wide Outstanding Staff Awards. The Equal
Opportunity Affairs officer coordinates the selection process for the Affirmative Action awards.
Divisional awards may be presented by Deans or Directors.
(b) Awards for superior accomplishment, whether College-wide or division, shall be in
accordance with the following provisions:
1. No cash award granted under the superior accomplishment component shall exceed $1,000,
excluding applicable taxes. Savings Bonds or other items in lieu of cash may be awarded,
provided the cost of such item does not exceed $1,000.
2. Certificates, pins, plaques, letters of commendation, or other appropriate tokens of
recognition of superior service may be awarded, provided the cost of the token does not
exceed $50.
3. Lump sum bonuses based solely on performance will not be awarded.
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4. All divisional award activity must be reported to the Human Resources Director.
(5) Service Award Component.
(a) Divisions may recognize retiring employees or appointed members of a state board or
commission upon the expiration of his or her term whose service has been satisfactory. Awards
may take the form of suitable framed certificates, pins, or other tokens of recognition and
appreciation, provided such awards do not cost in excess of $50 each. All service awards shall be
reported to the Human Resources Director.
(b) The Human Resources Director shall be responsible for the administration and coordination of
the continuous satisfactory service awards program. The College shall recognize employees who
have attained continuous satisfactory service in increments of five years.
(6)
(a) The College shall prepare an annual report to be presented to the Board of Education for
outlining the level of participation in the employee recognition program.
(b) New College of Florida shall submit to the Board a calendar year report that includes at least
the following items:
1. The number of employees recognized for superior accomplishments;
2. The number of employees recognized for continuous satisfactory service to the College;
3. The College’s Human Resources Director shall be responsible for regularly gathering data
regarding the number of individual employees being recognized under any component of this
program.
Specific Authority 1001.74(19) FS. Law Implemented 1001.74(19) FS. History–New 1-28-04. Deemed as
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3-4013 [6C11 8.013] University Support Personnel Staff (USPS) Personnel Files
(1) Applicability. This rule applies to all University Support Personnel Staff employees; provided,
however, that its application is subject to the terms and conditions of any existing applicable
collective bargaining agreements in the case of University Support Personnel Staff employees who
are members of a collective bargaining unit and are represented by a collective bargaining agent.
(2) Contents of Files – Normally, a personnel file would contain, but is not limited to, the following:
(a) Information gathered as part of employment procedure, including applications, letters of
reference, letters of appointment, acceptance of appointment, contracts, employment test results,
loyalty oath, approvals of special hiring rates, substitutions or training and experience.
(b) Information required to substantiate salary transactions, including appointment papers,
contracts, salary adjustments and differentials.
(c) Performance evaluations, including performance appraisal forms, reprimands, letters of
dismissal, suspension, reduction in pay, layoff, request and approvals to take appealable
disciplinary actions, letters of grievance, responses to letters of grievance or appeal, findings,
recommendations and results of grievances or appeals.
(d) Medical records which address the employee’s ability to do the job.
(3) Access to Files.
(a) Individuals Wishing to Review Their Personnel Files – Employees wishing to review their
files may do so during normal business hours. Files shall be reviewed in the presence of a
representative of the Personnel Office who will answer questions or offer other assistance as
necessary. Any employees who are unable to review their files during the time period indicated
should contact the Director of Personnel and every effort will be made to make special
arrangements to meet the employee’s request.
(b) Access by College Officials – Personnel files shall be open to officials of the College who are
responsible for the supervision of the employee or who are considering an employee for
employment or promotion, and by officials and employees of the College in the performance of
their official duties, if such duties reasonably require their having access to the files. Files should
be reviewed in the presence of a representative of the Personnel Office who will answer questions
or offer other assistance as necessary.
(c) Access by Others – Access to the personnel files of College employees by persons other than
those covered above shall be governed by the Florida Public Records Law, Chapter 119, F.S., and
Section 240.253, F.S. Others wishing to review the files of College employees may do so during
normal business hours. Copies of any document or file will be provided in accordance with the
law and any material not covered by the public records law will be removed prior to inspection or
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copying unless otherwise approved for same. The Director of Personnel shall have the authority
to establish additional requirements as is administratively necessary to carry out this policy and to
insure the orderly transaction of College business. Files shall be reviewed in the presence of a
representative of the Personnel Office who will answer questions or offer other assistance as
necessary.
(d) A log of who reviews the file and the date reviewed will be maintained in each personnel file.
(4) Inclusion of Materials in Personnel Files.
(a) The majority of the material found in a personnel file enters that file through the normal
course of activities, including the original employment procedure and salary transactions
procedures. Other information may enter an employee’s file by being placed there by College
officials in the course of carrying out their responsibilities. Since all employees have a right to
know what is being placed in their files, items of a non-routine nature shall require either that the
employee has acknowledged the contents of the material being placed in the file by signing the
material which is to be placed in the file, or the document(s) will show that the employee was
given a copy (through the appropriate indication at the end of the document which is being placed
in the file). In either case, the document should clearly indicate that it is to be placed in the
employee’s file.
(b) Employees should have the right to place information or documentation into their personnel
files by forwarding the information to the Director of Personnel for that purpose. Examples of the
types of information employees may place in their files are updating of education or training and
clarification or rebuttal of information placed in their files by College officials.
(c) Items received by the Personnel Office will be reviewed for compliance with this rule and for
appropriateness and shall be placed in the file or returned to the sender on that basis.
Specific Authority 1012.91 FS. Law Implemented 119.07(1)(a), (2)(a), 1012.91 FS. History–New 1-28-04.
Deemed as regulation by BOG in March, 2005.
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3-4014 [6C11 8.014] Disciplinary Action
Applicability. The following guidelines for disciplinary action apply to all University Support Personnel
Staff employees; provided, however, that their application is subject to the terms and conditions of any
existing applicable collective bargaining agreements in the case of University Support Personnel Staff
employees who are members of a collective bargaining unit and are represented by a collective bargaining
agent:
(1) Offenses – Guidelines for Disciplinary Action.
(a) On the job offense and deficiencies.
1. Misuse of property or equipment (including chemicals, etc.) in a manner which endangers
life or property.
a. First occurrence – Written reprimand to suspension.
b. Second occurrence – Suspension to dismissal.
c. Third occurrence – Dismissal.
2. Sleeping
a. First occurrence – Written reprimand.
b. Second occurrence – Suspension.
3. Leaving work station which must be attended without authorization.
a. First occurrence – Oral to written reprimand.
b. Second occurrence – Written reprimand to suspension.
c. Third occurrence – Suspension to dismissal.
d. Fourth occurrence – Dismissal.
4. Reporting to work under the influence of intoxicants or drugs.
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5. Willful destruction of property or equipment.
6. Fighting or creating a disturbance which adversely affects morale, production, or
maintenance of proper discipline.
7. Insubordination (refusal to obey orders, or like behavior).
8. Horseplay (rough or boisterous play or pranks which do or may cause injury or
embarrassment to others).
9. Willful falsification of records (false statements, misrepresentation or fraud of official
documents, such as applications, leave slips, or work and production records).
a. First occurrence – Written reprimand to dismissal.
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b. Second occurrence – Dismissal.
10. Theft (regardless of whether articles are owned by individuals, the College or the State).
a. First occurrence – Suspension to dismissal.
11. Malicious use of profane or abusive language (directly to or in the presence of others).
12. Unauthorized distribution of written or printed material of any kind.
13. Chronic or excessive absenteeism – a pattern of absence in a 30-day period which adversely affects
employees’ work or management’s ability to transact business.
14. Abuse of Sick Leave (includes the intentional use of leave for reasons other than personal
or family illness or injury or exposure to contagious disease).
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15. Inattention to duty (includes loafing, loitering, and wasting time during working hours)
within any six-month period.
16. Habitual tardiness (reporting late for work, over-extending breaks or meal periods) within
any six-month period.
17. Absence without authorized leave (during any six-month period) for period less than three
consecutive workdays.
18. Gambling.
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19. Willful violation of written rules, regulations and policies.
20. Negligence (careless workmanship, slovenliness in performance of duty).
21. Sub-standard work (includes failure to carry out assigned work or instructions within
reasonable time or by a specified deadline).
22. Violation of any provision of law or College rule, including prohibitions of unfair labor
practices and discrimination. First occurrence – Oral reprimand to dismissal.
23. Sexual Harassment as defined by the College’s Sexual Harassment Policy Statement
incorporated by reference herein.
24. Engaging in concerted activities to commit an offense (e.g., work stoppage, slow-down,
mass call-in alleging sickness).
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25. Revealing privileged information.
26. Use of corporal punishment, mishandling, verbal or physical abuse of client.
27. Failure to report any mistreatment of a client in a timely manner.
28. Failure to report lost or stolen property.
29. Inefficiency or inability to perform assigned duties and/or substandard (below)
performance of assigned duties.
(b) On or off the job offenses.
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1. Under the influence of or possession of non-prescribed drugs or the sale and/or distribution
of a drug or narcotic while on duty.
a. First occurrence – Suspension or dismissal.
2. Violation of the Code of Ethics for public employees, Chapter 112, F.S.
3. Conviction of any crime other than traffic violations.
4. Conviction of a misdemeanor, under Section 110.1127, F.S.
5. Conviction of a felony.
(2) Types of Disciplinary Action.
(a) Nonappealable. Nonappealable disciplinary actions include written and oral reprimands.
(b) Appealable. Appealable disciplinary actions include suspension, dismissal, demotion and
reduction in pay.
(3) Procedure for Nonappealable Disciplinary Action.
(a) Oral reprimands. An employee’s immediate supervisor shall have the authority to issue oral
reprimands.
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(b) Written reprimands. Written disciplinary actions must be reviewed by the appropriate
department head before they are given. A copy of the letter containing the action shall be
forwarded to the Division of Personnel Services for inclusion within the employee’s personnel
folder.
(4) Procedure for Appealable Disciplinary Action.
(a) Prior to initiating any appealable disciplinary action, the department head shall review the
action and procedures with the Chief Administrative Officer of Personnel Services or his
designee. The Chief Administrative Officer of Personnel Services or his designee shall delegate
to the appropriate department head the authority to take appealable disciplinary action if it has
been determined that the action to be taken is in accordance with established disciplinary
procedures.
(b) All appealable disciplinary actions must be communicated to the employee in writing by
certified mail with return receipt requested within five (5) working days from the date the action
is taken. This communication must contain a statement of the reason for the disciplinary action,
the nature of the action taken and a notice of the employee’s right to a “predetermination
conference” as well as the employee’s right to arbitration appeals under Board of Education Rule
6C-5.950, F.A.C.
(c) A copy of the official letter taking disciplinary action shall be made a part of the Division of
Personnel Services personnel folder. Any related information regarding the action taken shall also
be included in this folder.
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3-4015 [6C11 8.016] Limited-Access Personnel Records
(1) Pursuant to Section 1012.91, F.S., except as required for use by the president or president’s
designee in the discharge of his or her official responsibilities, the following records are confidential
and exempt from the provisions of Section 119.07(1), F.S., and will only be released upon the written
authorization of the employee or upon order of a court of competent jurisdiction.
(2) Evaluative information created prior to July 1, 1995. Any and all information, wherever
maintained, which reflects an evaluation of an employee’s performance and was created prior to July
1, 1995 shall be confidential and shall not be disclosed (except to the evaluated employee, or the
College officials whose duties to supervise or evaluate the employee require access to the records).
(3) Records containing information reflecting academic evaluations of employee performance.
(4) Records maintained for the purposes of an investigation of employee misconduct, but only until:
(a) The investigation is no longer active;
(b) The College gives written notice to the employee that the investigation is concluded; or
(c) A letter of discipline issues. In addition, for sexual harassment investigations, portions of the
records which identify the complainant, a witness, or information which could reasonably lead to
the identification of either remain confidential after the completion of the investigation.
(5) Records maintained for the purposes of any disciplinary proceeding brought against an employee,
but only until a final decision is made in the proceeding.
(6) Records maintained for the purposes of any grievance proceeding brought by an employee for
enforcement of a collective bargaining agreement or contract, but only until a final decision is made
in the proceeding.
(7) Any records or portions thereof which are otherwise confidential by law.
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3-4016 [6-019] Appointment, Employment and Removal of University Police
A. General. This chapter implements section 1012.97, Florida Statutes and shall apply to the
appointment, employment and removal of New College of Florida University Police officers. These
rules are supplemented by College rules found in Chapter 6C11-8, Florida Administrative Code,
Chapter 6C-5, Systemwide Personnel Matters, and applicable collective bargaining agreements. Any
person employed or appointed as a university police officer shall meet the minimum standards
established by the State of Florida Criminal Justice Standards and Training Commission and chapter
943, Florida Statutes.
B. Appointment of University Police Officer. New College of Florida shall appoint university police
in accordance with the following standards and procedures:
1. In order to qualify for consideration for appointment or employment by the College as a
university police officer, an applicant must:
(i) have graduated high school or passed the General Education Development Test in
accordance with Florida Department of Education Rule 6A-6.021, Florida Administrative
Code and attained, at minimum, an Associates degree or transcript verification of successful
completion of one (1) year of college work from an accredited institution as defined in s.
943.22(1), Florida Statutes, or licensed by the Florida Board of Independent Colleges and
Universities, or shall have attained a certificate issued by the United States Armed Forces
Institute prior to December 31, 1974, showing successful completion of high school
equivalency.
(ii) demonstrate, based on psychological testing administered by the College, that he or she is
psychologically fit to discharge the duties and responsibilities of a university police officer;
and
(iii) meet the minimum requirements of Criminal Justice Standards and Training Commission
and chapter 943, Florida Statutes .
2. Prior to appointment of any university police officer, the College shall conduct a thorough
background investigation in accordance with the procedures and standards established in Rules
11B-27.0011, 11B-27.0021, 11B-27.0022, and 11B-27.0025, Florida Administrative Code, to
determine whether an applicant meets the minimum standards established by the Criminal Justice
Standards and Training Commission and chapter 943, Florida Statutes.
3. If an applicant qualifies under paragraph (2)(a)(1.)-(2.) and meets the minimum standards
established by the Criminal Justice Standards and Training Commission and chapter 943, Florida
Statutes, he or she shall be eligible for consideration for appointment and employment. If
appointed, and before entering into the performance of his or her duties, an applicant shall:
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(i) take and subscribe in writing to the oath of office as set forth in New College of Florida
University Police Department General Order I-102, dated September 30, 2001, which shall be
administered by the Chief of University Police; and
(ii) subscribe in writing to the Law Enforcement Code of Ethics as set forth in New College
of Florida University Police Department General Order I-102, dated September 30, 2001.
(iii) The College shall obtain and approve a bond on each university police officer in the
amount of Five Thousand Dollars ($5,000.00) or such other amount as may be determined by
the College based on the amount of money or property likely to be in the custody of the
officer at any one time. The bond shall be payable to the Governor of the State of Florida or
his or her successor in office, and shall be conditioned upon the faithful performance of the
duties of such officer.
(iv) Appointment or Employment of Uncertified Applicants. Applicants who are not currently
certified by the Criminal Justice Standards and Training Commission and who are otherwise
eligible for consideration for appointment or employment may be temporarily appointed or
employed in accordance with section 943.131, Florida Statutes and Rule 11B-27.002(h)(1)(4), Florida Administrative Code provided that:
(a) the Chief of University Police first certifies in writing that:
(1) a critical need to appoint or employ the applicant exists
(2) the critical need is documented; and
(3) the applicant is or will be enrolled in the next approved basic recruit training
program available in Sarasota or Manatee County; and
(b) the requirements of section 943.131, Florida Statutes are complied with.
C. Pursuant to s. 943,133(1), Florida Statutes, the Chief of University Police shall be responsible for
the collection, verification, and maintenance of documentation establishing that applicants appointed
or employed comply with the requirements of ss. 943.13 and 943.131, Florida Statutes, and rules
adopted pursuant thereto. Prior to the employment or appointment of any university police officer,
the Chief shall execute and maintain a Criminal Justice Standards and Training Commission
registration affidavit of compliance form as required by section 943.133, Florida Statutes attesting to
compliance with s. 943.133(1).
D. Requirements for Continued Employment of University Police Officer. In addition to any other
conditions of employment established by rule or policy of the State of Florida Board of Education or
the College and applicable to University Support Personnel, or by collective bargaining agreement,
each university police officer as a condition of continued employment or appointment as university
police officers, shall continue to meet the minimum standards established by the Criminal Justice
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Standards and Training Commission and chapter 943, Florida Statutes; shall maintain in good
standing his or her certification pursuant to chapter 943, Florida Statutes and Rule 11B-27.0023,
Florida Administrative Code, and shall receive periodic Criminal Justice Standards and Training
Commission-approved continuing training or education pursuant to chapter 943, Florida Statutes.
E. Notification of Employment, Appointment and Separation. The Chief of University Police shall be
responsible for notifying Criminal Justice Standards and Training Commission of the appointment,
employment and separation of university police officers in accordance with Rules 11B27.002(1)(c)1., 11B-27.002(1)(c)3., 11B-27.002(1) and 11B-27.002(4), Florida Administrative Code,
and for submitting affidavits of separation as required by Rule 11B-27.002(5), Florida Administrative
Code.
F. Requirements for Certification. The Chief of Police shall be responsible for annually filing with
the Criminal Justice Standards and Training Commission, in accordance with Rule 11B-27.002(2),
Florida Administrative Code, documentation verifying that all officers employed or appointed by the
College as of June 30th of the year have satisfied the requirements of s. 943.13, Florida Statutes
G. Duty to Report, Investigations and Procedures. When the allegation is made or the College has
cause to suspect that a university police officer it employs does not comply with s. 943.13(4) or (7),
Florida Statutes, or subsection 11B-27.0011(4), Florida Administrative Code, or if an act of conduct
of the officer has resulted in the officer’s arrest, the President or his designee, or the Chief of Police,
as appropriate, shall:
1. conduct and conclude an internal investigation, including an official disposition, pursuant to
New College of Florida University Police Department General Order I-109, dated September 30,
2001;
(a) take, in connection with the conduct and disposition of such investigation, such other
action, including, but not limited to, the reassignment, suspension, or removal of the officer
as is consistent with General Order I-109, College rules found in Chapter 6C11-8, Florida
Administrative Code, Board of Education Rule, Systemwide Personnel Matters, Chapter 6C5, Florida Administrative Code, and applicable collective bargaining agreements; and
(b) satisfy the investigative reporting requirements and procedures of Rules 11B-27.003 and
11B-27.0011(5), Florida Administrative Code.
Specific Authority ss 1001.74(4), 1012.97(6), F.S. Law Implemented 1012.97, F.S.
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3-4017 [0-006] Reprisals
(1) This policy has been established to provide a statement upholding the right of College students
and employees to engage in grievance proceedings and the like and committing the College to a
position of not taking adverse action against individuals who file such complaints or those who assist
them in doing so.
(2) The New College of Florida recognizes the right of its employees and students to voice their
concern on campus issues or personal issues of concern to them. The College provides its employees
and students with grievance processes described in College policy, collective bargaining agreements,
state statutes, and federal law.
(3) The College respects the right of its employees and students to participate in the grievance
process and will not take any negative, retaliatory, or reprisal action as a result of an employee or
student electing to lodge a grievance, appeal, or claim, whether filed before a campus body or officer
or before an external regulatory board or commission.
(4) Any employee or student who believes that adverse actions may have been taken against them
because they participated in lodging a grievance, appeal, or claim against the College or one of its
employees should file a written statement of their complaint with the Office of the President. An
appropriate review and response to the complaint will be rendered to each employee or student who
files a claim that adverse action has been taken against them as a reprisal.
History: Adopted as police 4-27-02; Renumbered 6-29-10.
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3-4018 Discrimination/ Harassment
The College shall actively promote a community in which diversity is valued. The College is committed
to promoting an environment free from discrimination and harassment based on race, color, religion, age,
disability, sex, sexual orientation, gender expression, gender identity, national origin, marital status,
veteran status or any other protected characteristic under the law.
This regulation applies to all employees and students of NCF. It also covers harassment involving
patrons, vendors, and other individuals with whom employees or students of the College have interaction
as a condition of their employment or education experience
(1) Definitions
(a) Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of
1964 and is defined as unwelcome sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment or education experience;
2. submission to or rejection of such conduct by an individual is used as the basis for
employment or educational decisions affecting such individual; or
3. such conduct is sufficiently severe and pervasive so as to alter the conditions of, or have
the purpose or effect of substantially interfering with, an individual's work or academic
performance by creating an intimidating, hostile, or offensive working or educational
environment.
(b) Discrimination/harassment is defined as:
1. any conduct or activity which creates an adverse impact on an individual’s ability to
acquire or retain a benefit of employment (including hiring, promotion, salary increases,
disciplinary actions or any other terms and conditions of employment), which acts to limit a
student's access to, participation in or benefit from an educational program, or which creates a
hostile or abusive employment or educational environment and is based upon a protected
characteristic.
2. Discrimination/ harassment does not include verbal expression or written material that is
relevant and appropriately related to the subject matter of a course/curriculum or to an
employee's duties. This policy is not intended to abridge academic freedom or the College’s
educational mission.
(2) Prohibited Conduct. The following actions are prohibited:
(a) Sexual harassment by or between any faculty member, staff member or student, including
individuals of the same sex.
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(b) Sexual harassment by any faculty member, staff member or student against any individual
who is not a faculty member, staff member or student while assigned to duties or academic
programs of the College regardless of their work location;
(c) Sexual harassment by any vendor or individual external to the College against any faculty
member, staff member or student during the transaction of business with the College;
(d) Discrimination/harassment includes display or circulation of written or electronic materials or
pictures degrading to either gender or to racial, ethnic, religious groups or any other protected
characteristic under the law; and verbal abuse or insults directed at or made in the presence of
members of a racial, ethnic, minority group or other protected characteristic under the law.
(e) Retaliation by any faculty member, staff member or student against any individual who, in
good faith, has made any allegation of discrimination or sexual harassment, or who has testified,
assisted, or participated in any way in any investigation, proceeding, or hearing conducted under
this policy or any federal or state law.
(f) Knowingly making false accusations or allegations of discrimination or sexual harassment, or
making false statements in any inquiry or investigation of alleged discrimination or sexual
harassment
(3) Potential Participants. Potential participants in a sexual harassment situation include, but are not
limited to:
(a) faculty--faculty
(b) faculty--student
(c) faculty assistant--student
(d) supervisory staff--subordinate staff
(e) staff--faculty
(f) staff--staff
(g) staff--student
(h) student--student
(i) faculty—staff
(j) patrons, vendors or other individuals that interact with members of the campus
(4) Examples of Prohibited Conduct. Examples of prohibited conduct include, but are not limited to:
(a) Displaying or telling of sexually oriented or discriminatory jokes, statements, photographs,
drawings, computer images, web sites, videos, slides, graphics, calendars, cartoons, e-mails or
other communications.
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(b) Making sexually explicit or discriminatory gestures or sounds based upon any protected
characteristic under the law.
(c) Making actual or implied promises of an employment or educational opportunity or benefit in
exchange for sexual activity.
(d) Making actual or implied threats to impede or interfere with employment or educational
opportunities or benefits for failing to agree to or engage in sexual activity
(e) Inappropriate and unwelcome touching, including but not limited to, patting, fondling,
pinching, attempted or actual kissing.
(f) Requesting or coercing sexual intercourse or sexual favors, or attempting to or actually
engaging in a sexual assault.
(g) Continuing to ask someone for a date after being told "no."
(h) Continuing any of the conduct listed in the above examples after being told or being otherwise
made aware that the conduct is unwelcome.
(i) Retaliation by any faculty member, staff member or student against any individual who, in
good faith, has made any allegation of discrimination/harassment, or who has testified, assisted,
or participated in any way in any investigation, proceeding, or hearing conducted under this
regulation or any federal or state law.
(j) Knowingly making false accusations or allegations of discrimination/harassment, or making
false statements in any inquiry or investigation of alleged discrimination/harassment.
(k) Prohibited conduct does not include verbal expression or written material that is relevant and
appropriately related to the subject matter of a College course/curriculum or to an employee's
duties.
(5) Consensual Amorous or Sexual Relationships. New College of Florida strives to create and
maintain a professional, collegial environment for work and study. Professional and collegial
relationships are based on mutual respect and trust. When persons in positions of unequal power
engage in amorous or sexual relationships they should be aware that they may be at risk of being
accused of sexual harassment, either during the relationship or after the relationship ends, or being
accused of having a conflict of interest. For additional information concerning conflicts of interest
please refer to Ch. 112, Part III, Florida Statutes, the applicable collective bargaining agreement, and
State of Florida Board of Education and College rules.
The College recognizes that consensual, amorous or sexual relationships between two people of
unequal position or power (e.g., between a supervising staff member and a subordinate staff member,
faculty member and student, or staff member and student) may become exploitative or lead to charges
of sexual harassment. Accordingly, the College encourages its staff, faculty and students to refrain
from such relationships.
(6) Reporting Discrimination or Sexual Harassment. If you believe you have been discriminated
against or sexually harassed:
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(a) Only if you feel comfortable in doing so, tell the person whose actions you find offensive that
that you want the behavior to stop and/or the behavior or conduct is offensive to you and
unwelcome, and/or,
(b) Tell your supervisor or another higher level administrator or the head of the department in
which you are enrolled or employed, of the offensive behavior, and/or,
(c) Contact Director of Human Resources (if a faculty or staff member) or the Dean of Students
(if a student) or any other management individual with whom you may feel comfortable
discussing the matter.
(7) Procedures for Internal Handling of Complaints or Allegations of Discrimination or Sexual
Harassment.
(a) Authority to Investigate. When the College receives notice of conduct which appears to be
discrimination or harassment, it will promptly investigate the allegation in a fair and expeditious
manner. The investigation will be conducted in accordance with the College’s customary
procedures.
(b) Filing of Complaints. The following persons may file complaints or allegations of sexual
harassment:
1. Any person protected under section (3) who believes that he/she has been sexually
harassed
2. On behalf of any person protected under section (3), any person having knowledge of
instances of sexual harassment of such protected person by any student, faculty or staff
member, or vendor, or individual external to the College during the transaction of business
with the College.
3. Any faculty or staff member, who is in a supervisory position, and who is aware of
possible instances of sexual harassment by any student, faculty or staff member.
(c) Mandatory Reporting of Alleged Sexual Harassment. Faculty and staff members who are in
supervisory positions are required to promptly report verbally or in writing allegations of sexual
harassment to the President or his designee. For purposes of this section, a faculty or staff
member is deemed to be in a “supervisory position “ if:
1. he/she supervises one or more other staff members; or
2. with respect to students, he/she qualifies under (7)(c)1. or supervises or teaches the student
who is complaining about alleged sexual harassment.
(d) Review of Complaints of Alleged Sexual Harassment. Complaints of alleged sexual
harassment shall be reviewed by the President or his designee to determine if an investigation is
required. If the President or his designee determines to conduct an investigation, the complaint
shall be investigated and resolved in accordance with appropriate procedures.
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(e) Time Deadline for Filing Complaint of Alleged Sexual Harassment. A written complaint
must be filed with the President or his designee within ninety (90) days of the alleged incident of
sexual harassment. The President or his designee shall render a decision sixty (60) days
thereafter. The President’s or his designee’s decision shall constitute agency action for purposes
of further proceedings under Chapter 120, Florida Statutes.
(f) Repercussions.
1. Any employee or student found to have discriminated against or harassed another
employee, applicant or employment or student will be subject to disciplinary actions in
accordance with College regulations, collective bargaining agreements or the Student Code of
Conduct, as appropriate. Such action may range from counseling to termination of
employment or academic dismissal, and may include such other forms of disciplinary action
as appropriate.
2. Any employee or student in a supervisory capacity who has actual knowledge by direct
observation or by receipt of a complaint of discrimination or harassment involving any of
those employees he or she supervises or over whomever he or she has managerial authority,
and who does not promptly report verbally or in writing the complaint to the Director of
Human Resources or the Dean of Students, as appropriate, will be subject to disciplinary
actions in accordance with College regulations, bargaining agreements or the Student Code of
Conduct, as appropriate. Such action may range from counseling to termination of
employment or academic dismissal, and may include such other forms of disciplinary action
as appropriate.
3. If after completion of the investigation, any finding of discrimination is made, a record of
the complete findings will be placed in the offending employee's personnel file. If no finding
of discrimination/harassment on any charge or complaint is made, no record of the charge or
complaint will be placed in the employee's personnel file unless the employee requests in
writing that the record of the completed investigation be placed in the employee's personnel
(8) Procedures External to New College of Florida. Complaints of alleged sexual harassment my also
be filed with the following external agencies:
(a) U.S. Equal Employment Opportunity Commission, Tampa, 1-800-669-4000
(b) U.S. Department of Education, Office for Civil Rights, Atlanta, 404-562-6350
(c) Office of Federal Contracts Compliance Programs, Orlando, (407) 648-6181.
(d) Florida Commission on Human Relations, Tallahassee, 850-488-7082
(9) Retaliation. The College maintains that no one be retaliated against for making a complaint of
harassment or discrimination based upon an honest perception of the events or for cooperating in the
investigation of a complaint. No hardship, no loss of benefit, and no penalty may be imposed on an
individual as punishment for:
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(a) filing or responding to a bona fide complaint of discrimination or harassment or
discrimination
(b) appearing as a witness in the investigation of a complaint, or
(c) serving as an investigator.
Retaliation or attempted retaliation is a violation of this Regulation and anyone who does so will be
subject to disciplinary actions up to and including termination or dismissal in accordance with
College regulations, bargaining agreements or the Student Code of Conduct.
History: Created as a policy 0-007 in 2003. Adopted as regulation 11-4-11.
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3-4019 [0-600] Observance of Religious Holidays by College Employees
This policy is set forth in order to comply with FBOE Rule 6C-5.835 on the observance of religious
holidays by College employees.
The College will reasonably accommodate the religious observance, practice and belief of employees
with regard to attendance and scheduling of work. Employees wishing to observe a holy day of their
religious faith, shall, upon notifying their supervisor, be allowed to take accrued leave or, in its absence,
leave without pay to observe a religious holy day of their faith. Each employee is responsible for work
missed and will be permitted a reasonable amount of time to make up the work. Faculty will make
arrangements for another instructor to conduct the class in his or her absence or reschedule the class.
History: Adopted as NCF policy on 4-27-02. Renumbered 6-29-10.
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3-4020 [0-601] Smoking in Buildings
The 1992 Florida Legislature revised the Florida Clean Indoor Air Act to forbid the designation of
smoking areas inside any educational facility, government building, or other common area as defined in
Sec. 386.203 Florida Statutes. Because the law's prohibition of designation of indoor smoking areas
applies to all New College of Florida buildings, smoking cannot be permitted in any indoor location on
any New College of Florida campus.
In order to protect the health, comfort and environment of the College community, smoking is not
permitted in any indoor area or building on the New College of Florida campus. Designation of indoor
smoking areas (meeting rooms, dining rooms, work places, etc.) is not possible at any time or location on
campus. Sec. 386.208 Florida Statutes provides that smoking in a public building is a non-criminal
violation punishable by a fine of not more than $100.00 for the first violation and $500.00 for each
subsequent violation. Jurisdiction rests with the appropriate county court.
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3-4021 [0-603, 0-604] Drug- and Alcohol-Free Workplace
[0-603]
In accordance with the Drug-Free Workplace Act of 1988, Public Law 100-690, and New College of
Florida Policy Statement 0-603, a College employee engaged in the performance of work under a grant or
contract from a federal agency must notify the College of his/her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five (5) days after such conviction, and the College
must notify the Federal agency of such conviction within 10 days after receiving such notice from an
employee or otherwise receiving actual notice of such conviction. The purpose of this policy is to provide
clear guidelines for the submission of these required notifications.
(1) Procedures for Reporting Workplace Drug Convictions. Within five (5) calendar days following
the conviction, the employee shall report in writing a drug conviction to his/her department chair or
other immediate supervisor. The appropriate supervisory official, as determined above, will promptly
send copies of the employee's written notification to his/her area Vice President, and to the President.
(2) Procedures for Notifying Federal Contracting Agency. The President is the administrative official
responsible for notification of Federal contracting or granting agencies. The President, or his
designee, shall notify, in writing, the appropriate Federal contracting agency within ten (10) calendar
days of having received notice than an employee engaged in the performance of such contract or
grant has had a criminal drug statute conviction for a violation occurring in the workplace. The
written notification shall include the employee's name, position title, and the identification number(s)
of such affected grant.
Unless the Federal agency has designated a central point for the receipt of such notices, the President,
or his designee, shall provide written notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working.
[0-604]
The purpose of this policy is to comply with the Federal Omnibus Transportation Employee Testing Act
of 1991 which mandates testing for alcohol and controlled substances of all employees in and applicants
for positions requiring a commercial drivers license as a condition of employment. The policy applies to
all applicants for employment and all New College of Florida employees (hereafter referred to as
employees), including faculty, staff, OPS, and graduate assistants applying for or holding positions
requiring a commercial drivers license as a condition of employment.
(1) Statement of Policy. The Omnibus Transportation Employee Testing Act of 1991 mandates
testing for alcohol and controlled substances of all employees in and applicants for positions requiring
a commercial drivers license as a condition of employment. Testing is conducted under the following
circumstances: pre-employment (controlled substances only) random, reasonable suspicion, postaccident, and return-to-work. Testing is conducted at approved sites and in accordance with Federal
law. The employee/applicant's department is responsible for the costs associated with the alcohol
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and/or controlled substances testing and the medical review officer, including any follow- up/returnto-work tests.
An employee whose test confirms prohibited alcohol concentration levels (.02 or greater) or the
presence of a controlled substance will be terminated from employment. Applicants for employment
with like test results will be denied employment. An employee is required to comply with all testing
requirements; refusal to take a test is considered to be a positive test and will result in termination.
The College will make available to applicants and provide to employees educational materials that
explain the requirements and procedures of the College policy. Employees shall sign a statement
acknowledging receipt of the policy, procedures, and specific program information. A copy of the
signed and dated receipt will be placed in the employee's official personnel file.
The President or his or her designee will maintain all records relating to the alcohol and controlled
substances testing programs according to Federal requirements.
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3-4022 Equal Education and Opportunity.
NCF is committed to the principles of equal educational and employment opportunities for, and nondiscrimination towards applicants and employees with respect to race, color, religion, age, disability, sex,
marital status, national origin, sexual orientation, gender identity, gender expression, and veteran status,
as provided by law, and in accordance with NCF’s respect for personal dignity. It is NCF’s goal to create
and maintain a work and study environment that is positive and free of unlawful discrimination. Further,
NCF encourages the recognition of diversity of its population and seeks to promote delivery systems,
curricula activities, and programs that reflect this diversity in all facets of life at NCF.
(1) Unlawful discrimination is unacceptable conduct that will not be tolerated at NCF.
(2) No faculty member, student, administrator, supervisor or other employee or official of NCF shall
unlawfully discriminate or take any other retaliatory action against an individual who, in good faith,
has opposed an alleged unlawful discriminatory practice or has made a charge, testified, assisted or
participated in any manner in an investigation or proceeding, under provisions of applicable law,
relating to an alleged unlawful discriminatory practice.
(3) NCF shall establish specific goals and strategies to promote equal educational and employment
opportunities for members of minority groups, women, persons with disabilities and veterans.
(4) Any applicant or employee who believes he or she has not been treated in accordance with this
Regulation may file a complaint with the President or his designee.
Approved as Regulation 3.03 on 5-13-06. Renumbered with approval of table of contents 6-29-10.
Revised 9-11-10.
Updated 11-4-11
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3-4023 Payroll.
This regulation informs employing departments and divisions of fundamental policies concerning the
payment of NCF employees and the payroll systems, developed in compliance with guidelines established
by the State of Florida for compensating hourly and salaried employees.
(1) Biweekly Payroll. NCF pays wages to its employees on a biweekly basis.
(2) Methods of Wage Payments. All persons will be paid by NCF warrant, Electronic Fund Transfer
(EFT) or NCF check. There will be no cash payments. The Payroll Department is responsible for the
issuance of all payroll warrants and EFT deposits. No wage payments will be made off-cycle unless
approved by the Controller.
(3) Post-Certified Payrolls. The NCF policy is to post-certify salaried and hourly employees.
(4) Employee Records and Withholding Tax Statements (W-2 Forms). Employee records
are maintained and stored in the Payroll Department. W-2 statements are prepared for all
employees by the NCF Payroll Department during the month of January. An individual will
receive one tax statement which includes wages received during the calendar year from all
employing departments and/or divisions.
(5) Set-Off Procedures. NCF may collect funds owed by employees by means of Set-Off
Procedures (see NCF Regulation 3-4024, NCF Set-Off Procedures).
(6) Wage Assignments. Under no circumstances will an employee’s salary be deducted from
a warrant to be issued to a creditor without the employee’s written consent or legal process.
(7) Distribution of Payroll Warrants. All payroll EFT will be distributed directly to the
employee by his or her own NCF email. A warrant will be picked up directly by the
employee at the Department of Human Resources.
(8) Direct Deposit by Electronic Fund Transfer (EFT). Employees may elect to have their
net pay directly deposited to their bank through EFT. Employees electing EFT will have their
net pay available at their bank by 2:00 p.m. of the payday. The EFT agreement (available
through the Department of Human Resources is between the employee, their bank and the
NCF Payroll Department.
(9) Payroll Advices. Payroll advices are prepared each payday for every employee who
receives a warrant/EFT. These advices reflect earnings and deductions for both the current
payroll period and cumulative earnings to date for the calendar year. Individuals receiving
payment from more than one department will normally receive one advice stub reflecting the
total of all earnings and deductions.
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3-4024 NCF Set-Off Procedures.
This regulation provides guidelines and procedures for the collection of funds owed to NCF by its
employees, including final action determination and set-off procedures.
Under the provisions of section 1010.03, Florida Statutes, NCF, through its Controller's Office, is directed
to exert every effort to collect all delinquent accounts. This legislative directive includes the duty of
collecting all monies owed NCF by its employees. Recognizing the difficulties that may arise in repaying
debts to NCF, the Controller's Office has established a policy that affords NCF personnel ample time and
opportunity to clear their debts. However, in light of NCF’s statutory duty to clear delinquent accounts,
this policy also recognizes that at some terminal point in the collection process there is the necessity for
final action to be taken on effecting repayment. Under this regulation, final action may include deducting
a percentage of the employee's debt to NCF from his/her paycheck each pay period until the entire debt is
cleared.
(1) Categories of Debts. There are four main categories of employee debts, grouped according to the
department which has responsibility for their collection.
(a) Travel advance repayment
(b)
Student Financial Services
1. National Direct Student Loans
2. New College of Florida Student Loans
3. Short-term Loans
4. Scholarship and/or grant repayments
(c) Cash Collections
1. Returned checks and Service Fees
2. Accounts Receivable
a. Tuition and Fees
b. Physical Education Equipment
c. Keys
d. Library Fines
e. Learning Technologies Fines/Sales
f. Graduation Fee
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g. Health Services
h. Food Services
i. Rental Fees
j. Housing
k. Traffic Fines
l. Overpayments
m. Copy Charges
n. Miscellaneous
(d) Payroll. Salary Overpayments
(2) Preliminary Collection Procedures. The following policies and procedures are followed in
effecting repayment prior to the terminal point at which time set-off procedures may be instituted:
(a) Travel (travel advance repayment)
1. All employees who receive travel advances must complete and return a Reimbursement
Voucher immediately upon returning from the trip for which the advance was made.
2. If no voucher is filed within ten (10) calendar days from the employee's date of return, a
letter of notice that the employee has ten (10) days to file a travel reimbursement voucher will
be sent to the employee's campus address.
3. If no travel voucher is received by Travel at the end of this ten (10) day period, set-off
procedures will be implemented. (See III.C.).
(b) Student Financial Services
1. New College of Florida Student Loans and Health Profession Loans.
a. Repayment on the above loans is made through a billing service employed by NCF.
b. The billing service will send each employee a past-due notice at the following intervals
after payment is due: fifteen (15) days, forty-five (45) days, sixty (60) days and seventyfive (75) days.
c. At ninety (90) days the delinquent account is turned over to NCF and the borrower is
contacted by telephone and advised that repayment must be made. If no contact is made,
or no reasonable repayment agreement can be made, employee debtors will be sent a
letter at their residence informing them that set-off procedures may be implemented.
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d. If Student Financial Services is not contacted within ten (10) days after receipt of the above
letter, set-off procedures will be implemented. (See III. C.).
2. Short-Term Loans and Scholarships and/or Grants
a. Repayment of the above accounts are handled entirely by the College. The employee
responsible for the delinquency will be sent past-due notices at the following intervals after
payment is due: 5 days, 10 days, and 2 weeks.
b. The past due notice sent two (2) weeks after payment is due will include a warning that if
payment is not received within thirty (30) days, set-off procedures will be implemented. (See
III. C.).
(c) Cash Collections
1. Returned Checks and Service Fees
a. When a check is returned to the College, the following notice will be sent:
(1) A Notice Letter will be sent to the employee's home address immediately upon receipt of
the bad check advising the employee of the situation and requesting a response within ten
(10) days.
(2) If the account is not cleared at the expiration of this ten (10) day period, set-off
procedures will be implemented. (See III. C.).
2. Accounts Receivable
a. Employees will be placed on the accounts receivable system after conventional attempts by
the College to obtain payment are unsuccessful (example, no response to fine notice from
Library.)
b. Once the charges are put on the accounts receivable system, the employee will be billed
monthly if the outstanding debt is $5 or more.
c. If payment is not received within six (6) months of the date of the first billing, the employee
will be notified that if arrangements are not made in ten (10) days, set-off procedures will be
implemented on his/her debt. (See III.C.).
(d) Payroll - Salary Overpayments
1. Department personnel shall notify the Payroll Department when a salary overpayment has
occurred. The Payroll Department calculates the exact amount of the overpayment and sends a
letter to the employee notifying them of the overpayment, that they have ten (10) days before setoff begins, their right to an administrative review, and that they can make repayment arrangements.
2. If no repayment arrangement has been made by the end of the ten (10) day period, the Payroll
Department will take the next step in the set-off procedure. (See III.C.).
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(6) Set-Off Procedures.
(a) When the procedures above have been exhausted and no satisfactory arrangements for repayment
have been made by the employee, set-off procedures will be implemented. This process includes the
following steps:
1. The employee is advised by certified letter (return receipt) that he/she has ten (10) calendar days
to either clear the account, make satisfactory payment arrangements, or submit documentary
evidence disputing his/her debt. The employee is also advised of his/her right to administrative
review of the decision to set-off his/her debt and deduct sums from the employee's paycheck
(Florida Statutes, 120.57).
2. If no arrangements have been made at the end of ten (10) days, all evidence of the employee's
debt is reviewed.
3. If, upon review, a determination is made that the debt is in fact due and owing, set-off
procedures are implemented and the employee is advised in writing of the amount and duration of
the deductions from his/her salary warrant.
(7) Amount of Payroll Deduction
(a) In the event that the total amount of the debt is less than ten percent (10%) of the employee's
biweekly gross salary, the full amount of the employee's debt will be deducted in the first or second
pay period after the decision to set-off the debt is made.
(b) If the amount of the debt is greater than ten percent (10%) of the employee's biweekly gross
salary, the amount deducted each pay period will be at least ten percent (10%) of the employee's gross
salary and will not exceed twenty percent (20%) of the employee's net salary after mandatory
deductions.
(c) In the event that an employee-debtor is terminated or voluntarily leaves the College’s employ, the
entire amount of the debt will be deducted from the employee's final paycheck.
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3-4025 Off-Cycle/Accounts Payable (AP)-Payroll
This regulation provides the guidelines used for issuing an accounts payable (AP) check when an NCF
employee does not receive an NCF payroll warrant.
(1) NCF requires that the use of Off-Cycle/AP payroll for wage payments is limited to emergencies.
(2) The Director of Human Resources and Controller or their designees must both approve the request
for an emergency check from the NCF Payroll Department.
(3) Emergency wage payments should have a minimum value of $50.
(4) Overtime or wage advances cannot be paid using the Off-Cycle/AP Payroll process.
(5) If an employee is receiving an NCF warrant and an AP check for an additional amount, the AP
check will not be issued to the employee unless the check is a substantial part of the employee’s pay,
i.e. 45% or more. An AP check will not be issued if it is 10-15% of the employee’s pay. The area
between 15% and 45% will be dealt with on an individual basis.
(4) A minimum of 10% will be deducted from the AP check for taxes.
(5) AP wage payments to an employee must not be recurring in nature.
Approved as Policy 2-006 on 4-27-02. Revised as Regulation on 9-11-10.
Updated 11-4-11
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3-4026 Education Assistance Program.
NCF strongly encourages its employees to pursue educational opportunities for professional growth and
development. The Education Assistance Program (EAP) is designed to provide eligible employees tools
to enhance their jobs skills and further their education by providing assistance in meeting the expenses of
continuing education.
(1) Monetary Assistance. Vocational, undergraduate or graduate course work is eligible for tuition
reimbursement. NCF will reimburse tuition costs at the actual semester credit hour rate charged up to
the cost of a resident undergraduate semester credit hour charged by New College of Florida. Total
semester credit hours eligible for reimbursement will not exceed a maximum of six (6) semester
credit hours per term.
(2) Eligibility. In order to participate in EAP, eligible employees must have their request for monetary
assistance approved in accordance with this Regulation, and must demonstrate that the following
criteria are met:
(a) The employee must be a degree seeking or non-degree seeking student at an accredited
vocation/technical institute, community college, four-year college, or university prior to applying
to participate in EAP. EAP does not provide monetary assistance for enrollment in thesis,
dissertation, internships, directed individual study, individual performance courses, non-credit
courses, sponsored credit programs, or off-book programs.
(b) The employee must be a regular employee in the Administrative and Professional (A&P),
University Support Personnel System (USPS), or Faculty categories the day before classes begin
for the semester through the end of that semester.
(c) Employees assigned to acting, temporary, visiting or OPS positions are not eligible to
participate in EAP.
(d) The employee must have completed six (6) months full-time, continuous, satisfactory, and
regular service with NCF prior to applying to participate in EAP.
(e) Enrollment in EAP is contingent upon approval by the employee’s supervisor and the VicePresident for Finance and Administration or the Provost, and verification of eligibility status by
the Department of Human Resources.
(f) Participation in EAP is to be conducted on the employee’s own time.
(g) Employees are encouraged to take classes during off-duty hours. However, if that is not
possible, supervisors may approve leave (annual leave, accrued comp leave, or leave without pay)
or adjust the employee’s work schedule, as long as this does not conflict with departmental or
divisional operations.
(h) The employee must receive a grade of C or better to receive reimbursement if a grading scale
is utilized at the institute, college, or university attended.
(i) Employees will not receive reimbursement if they withdraw or drop from a course whether
before or after the official Drop/Add period of the institute, college, or university attended.
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(3) Supervisors’ Responsibilities. The employee’s supervisor shall be responsible for approving or
denying the employee’s request to participate in EAP and for making necessary adjustments in the
employee’s work schedule.
(4) Enrollment Procedures. The employee is responsible for properly registering for classes, securing
needed approvals and completing all required forms, for satisfactorily completing class work, and for
verifying satisfactory completion of class work. In order to meet these responsibilities, the following
steps must be taken:
(a) Prior to registering for a class, the eligible employee shall obtain the required Education
Assistance Form from the Department of Human Resources. The form is also available at the
NCF website.
(b) The employee shall complete the Education Assistance Form, obtain necessary approvals, and
return the Form to be returned to the Human Resources Department for verification and final
approval.
(c) The Department of Human Resources will process all forms and inform the employee of
action taken.
(d) After approval, it is the employee’s responsibility to register for class, and initially pay for the
courses by the published deadline of the institute, college, or university attended.
New as Regulation 7.22 on 11-5-05. Number changed with approval of table of contents 6-29-10.
Revision approved 9-11-10.
Updated 11-4-11
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3-4027 Sexual Battery
Sexual battery (rape) is a felony under the criminal laws of the State of Florida and will not be tolerated at
the New College of Florida. In addition to criminal prosecution, any student or employee who commits
or attempts sexual battery at New College of Florida may be subject to sanctions under the Student Code
of Conduct and/or employee disciplinary procedures. The College strives to create and maintain an
environment that is safe from sexual battery. In addition, the College is committed to establishing
programs and procedures that will help prevent sexual battery from occurring and assist victims in the
event it occurs.
(1) Definitions
(a) Sexual battery. A felony under the criminal laws of the State of Florida. [Florida Statutes
Chapter 794]. Sexual battery does not include acts done for bona fide medical purposes.
(b) Rape is defined as the "oral, anal or vaginal penetration by, or union with, the sexual organ of
another or the anal or vaginal penetration of another by any other object", without the person's
consent.
(c) Other related crimes are: sexual battery by multiple perpetrators (§794.023, F.S.); failure of
certain witnesses to report sexual batteries (§794.027, F.S.); carnal intercourse with unmarried
person under 18 years (§ 794.05, F.S.).
(2) Enforcement. As law enforcement officers of the State with jurisdiction of crimes occurring on
property or facilities which are under the College's supervision, the New College of Florida Police
Department is responsible for the investigation of campus sexual battery incidents.
(a) The New College of Florida Police Department provides immediate assistance to the victim
and initiates investigative processes to apprehend the perpetrator of the crime.
(b) The New College of Florida Police Department promptly informs the Sarasota County State
Attorney's Office of sexual battery complaints and may consult with the State Attorney during the
investigation of the complaint.
(c) Sexual battery committed by students is a violation of the New College of Florida Student
Code of Conduct, found in Chapter 7 – Miscellaneous Provisions. rule. Student perpetrators are
subject to institutional disciplinary sanctions including expulsion as provided by the New College
of Florida rule in addition to those stated above in accordance with State law.
(d) Campus related sexual battery committed by employees is misconduct as provided by
applicable rules and collective bargaining agreements. Employee perpetrators are subject to
institutional disciplinary action including termination as provided by such rules/agreements in
addition to those stated above in accordance with State law.
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(3) Victim Rights under Florida Statutes. Florida laws provide protection and rights to victims of
sexual batteries.
(a) Florida Statute §794.024(1) provides that it is a misdemeanor of the 2nd degree for a public
employee or officer to willfully and knowingly disclose the identity of an alleged victim of a
sexual battery, child abuse/neglect, or lewdness, indecent exposure to persons other than those
specified in the Statute (examples: investigator, prosecutor, defense, pursuant to court order,
pursuant to §119.07)
(b) Florida Statute §794.026 allows for the victim of a sexual offense (sexual battery or
lewdness, indecent exposure) to maintain a cause of action for damages in certain circumstances
when their identity is inappropriately disclosed prior to open judicial proceedings.
(c) Florida Statute §794.03 prohibits the printing, publishing or broadcasting in any instrument of
mass communication of information leading to the identity of a victim of sexual battery and
provides that such information is exempt from §119.07, Florida Statutes.
(d) Florida Statute §960.003 provides that HIV testing may be ordered by the court. The court has
the authority to order HIV testing for persons charged in certain listed crimes (which include
sexual battery), upon the request of the victim or victim's legal guardian.
(4) New College of Florida Services for Victims of Sexual Battery.
(a) A Victim Advocacy Program will assist New College of Florida students or employees who
are victims of actual or threatened violence including assault, battery, sexual battery and
attempted sexual battery. Services are available on-call 24 hours per day, 7 days a week by
calling (941) 504-8599. For assistance leave a message with your number and your call will be
returned as soon as possible. The Victim Advocate is available to assist victims of crime, sexual
assault, and partner violence.
(b) Victims may also seek services through NCF’s Office of Student Affairs, located on the East
Campus and the Counseling and Wellness Center office, located on the Palmer Campus, at (941)
487-4254.
(c) The Victim Advocate is required by the Jeanne Clery Act to report the occurrence of sexual
battery to the College Police Department immediately after being notified of the incident. The
required report information includes only the specifics of the incident and not the victim's name.
(d) For victims, filing a separate Police report and/or a report with the Office of Student Affairs is
strongly encouraged; however, reports are not required for information and referral assistance.
(e) Victim services include assistance in contacting professors or supervisors about absence, etc.;
assistance with referrals and follow-up medical treatment and counseling services on and off
campus; assistance with immediate changes in residence hall arrangements if needed for victims
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living on campus; assistance with immediate safe housing; transportation and assistance in
disciplinary proceedings and/or the criminal justice system.
(f) The Counseling and Wellness Center provides professional counseling services to New
College of Florida students. Direct services include: intake evaluation, short-term personal
counseling, group counseling and referral services. For more information or an appointment, call
941-487-4254. Office hours are from 8 a.m. to 5 p.m., Monday through Friday. The Center is
located on the Palmer Campus.
(g) The Counseling and Wellness Center functions as a walk-in clinic for students and maintains
an afternoon clinic Mondays through Fridays. Services include on-site nurses and physicians, a
variety of lab tests, and a specialty clinic (GYN).
(h) The Employee Assistance Program provides professional counseling and referral services to
New College of Florida employees. Direct services include: intake evaluation, short-term
personal counseling, and referral services. For more information or an appointment, call the
Director of Human Resource, 941-487-5020. The office is located in Building “C”on the Palmer
Campus. Office hours are from 8 a.m. to 5 p.m., Monday through Friday.
(5) Services Provided by NCF to Prevent Sexual Battery. New College provides a variety of
preventative educational programs and services to help eliminate the occurrence of campus-related
sexual battery.
(a) The New College Residence Life Program, Police ,and Counseling and Wellness Center offer
a variety of programs designed to educate students on protection and personal safety, risk
reduction, drug and health risks, date acquaintance rape programs for both men and women, and a
physical self defense program for women.
(b) The Counseling and Wellness Center and Student Affairs Program offer alcohol and drug
awareness programs including programming on sex under the influence.
(c) Mandatory orientation programming for all new students includes a session on campus safety
and another on wellness issues.
(d) The Counseling and Wellness Center and the Student Affairs Program offer outreach
programming. Topics include: women's health; sexually transmitted diseases; substance abuse
awareness and sexuality; AIDS education; and women’s health.
(e) The Campus Police provide a campus escort service, especially after dark. The telephone
number is 941-487-4210. This service is available 24 hours a day, 7 days a week.
(f) Direct and immediate access to the College Police dispatcher is available through an
emergency outdoor “Blue Light” telephone system. Telephones are designated by blue colored
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lights located throughout the campus. Maps of the exact locations are available through the
Campus Police.
(6) Reporting Statistical Data on Crime and Campus-Related Sexual Battery.
(a) Pursuant to federal law, specifically the Student Right to Know and Campus Security Act of
1990 (Jeanne Clery Act), the New College Police Department is required to report to the public
statistics concerning the occurrence on campus of specific criminal offenses reported to local
police agencies or to any official of the institution who has significant responsibility for student
campus activities. The crimes that must be reported include murder, manslaughter, forcible and
non-forcible rape, robbery, aggravated assault, burglary, arson, and motor vehicle theft. The
information is used to make timely warnings to the community of the occurrence of these crimes.
(b) Upon request, the College provides to the public the number of sexual battery cases that have
been reported to College Police within a specified time period.
(c) Crime statistics are reported to Tallahassee in accordance with State law. Information
concerning the incidence of crime is reported to the College community in a regular and timely
manner through local and on campus media. This information is also forwarded to the Federal
Bureau of Investigation and included in the national crime report published by the United States
Department of Justice.
History: Adopted as NCF policy 0-009 on 4-27-02. Renumbered 6-29-10. Revised and adopted as
regulation 11-4-11.
Updated 11-4-11
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3-5001 Use of NCF Space
The following regulations govern the scheduling and use of campus facilities by faculty, staff and
students as well as non-affiliated individuals and groups. Scheduling will be centralized through the use
of one software system serving the NCF community.
(1) Definitions.
(a) Auxiliary Space. Areas of campus that are not supported through State of Florida Plant
Operation and Maintenance appropriations.
(b) Education & General (E&G) Space. Assignable space used for academic instruction, research,
and support of the institution’s mission. It does not include auxiliary space. E&G space is
supported primarily from State of Florida Plant Operation and Maintenance appropriations.
(c) Event Management System (EMS). The space scheduling software used to manage and track
campus space reservations of classrooms and general meeting/event space and provide readily
accessible on-line, real time reservation status for faculty, staff and students.
(d) General Purpose Classrooms - classrooms used for academic instruction that are not otherwise
assigned to a specific department for special purpose instruction or use. They may accommodate
classes in more than one discipline.
(e) Institution Users - NCF or USF S-M, as to the Library and Sudakoff Conference Center,
faculty, staff, students, student government and officially constituted divisions and departments
conducting business on behalf of the institution.
(f) Institution Affiliated Users – NCF or USF S-M , as to the Library and Sudakoff Conference
Center, student organizations registered with Student Affairs, honor societies, alumni groups,
employee councils, employee bargaining units and other affiliated groups and organizations.
(g) Non-Affiliated Users (non-profit) – Not for profit groups or organizations, including other
State agencies.
(h) Non-Affiliated Users (profit) – persons, groups or organizations that exist primarily for the
purpose of carrying on commercial activity for private gain or benefit.
(i) Outdoor Space – All exterior acreage not covered by buildings.
(j) Reservation Agent – Designated individuals with responsibility to confirm a request to reserve
a specific campus room or outdoor space for use by an institution user or an affiliated or nonaffiliated user.
(k) Special Purpose Classrooms - laboratory, studio, theater and other classrooms containing
specialized equipment and/or materials or those reserved for operations associated with a specific
academic program. Such spaces are managed exclusively by the appropriate academic division or
unit to whom the space is assigned.
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(2) Role of the Office of the Registrar. The Office of the Registrar is responsible for scheduling
general-purpose classrooms. The responsibility for coordination of all class schedules as to time and
place of class meetings shall rest with the Office of the Registrar.
(3) Role of Campus Space Scheduling Staff. Staff responsibilities include:
(a) Scheduling and coordinating arrangements for meetings, conferences, workshops, social
functions and other events held in campus space including coordinating and supporting special
events associated with campus space rented to non-affiliated individuals or organizations.
(b) Insuring the campus space scheduling software (Event Management System) is functioning
properly, room characteristics and room inventory data is updated on a routine basis.
(c) Recommending and implementing campus space scheduling policies and procedures.
(d) Coordinating set-up and teardown of event requirements (tables, chairs, audio/visual
equipment, etc.) with assistance from Physical Plant, Educational Technology Services, Parking
Services and the NCF Police Department, as appropriate.
(e) Recommending and applying appropriate fee schedules for space usage.
(f) Coordinate USF S-M’s requests for usage of Sudakoff Conference Center, Library (both are
shared facilities) as well as other campus locations designated for such use.
(4) General Meeting/Event Space Setup and Scheduling
(a) Guidelines regarding use, standardized request forms for the use of rooms on campus and a
master calendar of space assignments will be available online (http://
http://131.247.152.26/VirtualEMS/), readily accessible to all campus constituents.
(b) Use of general meeting/event space will be scheduled on a first-come, first-served basis
according to the following priorities:
1. NCF or USF S-M’s (Sudakoff and Library Only) faculty, staff, students, student
government and officially constituted divisions and departments who conduct business on
behalf of the institution.
2. Student organizations registered with Student Affairs, honor societies, alumni groups,
employee councils, employee bargaining units and other NCF affiliated groups and
organizations.
3. Non-NCF affiliated users (non-profit).
4. Non-NCF affiliated users (profit).
(c) Except as scheduled in accordance with this section, as a general rule, recurring reservations
should not be scheduled more than six (6) months in advance. It is recognized that major events
may require more extensive planning time than others. It is not intended that this flexibility be
applied to normal meetings or occasional events of a minor nature.
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(d) When a prospective user requests general meeting/event space, it is only a request. The actual
reservation for the room will only be placed if the room request is approved by the reservation
agent.
(e) Inter-Campus “bumping” whereby one institution requests the use of space previously
reserved by another institution will necessitate the mutual agreement of both NCF and USF-SM.
(f) Intra-Campus “bumping” whereby an entity within a single institution requests the use of
space previously reserved by another entity with the same institution will be governed by each
institution’s internal operating procedures.
(g) Meeting rooms in various locations on campus available for general use will be identified and
special equipment, capacities, and uses will be defined.
(h) Special arrangements of furniture, podiums, and audiovisual/technical services will be
coordinated by CSS, with assistance from Educational Technology Services or Physical Plant.
(5) Special Events Space Setup and Scheduling
(a) CSS coordinates and supports special events associated with campus space rented to all users.
CSS’s scope of authority focuses on Sainer, Sudakoff, College Hall and open areas within
campus that can be used as event venues.
(b) CSS coordinates and supports special events as requested by institutional users and institution
affiliated users. “Coordination” will include assuring that all service departments which may be
affected are involved, and suggesting “best practices” which may assist the sponsoring
department in effecting a successful event, etc.
(c) All non-affiliated users, whether sponsored or not, must complete a Facilities Request and Use
Agreement Form (Addendum A [to be developed]) for review and processing by CSS. Requests
for use of campus space must allow at least a fourteen-hour window for scheduling.
(d) All non-affiliated users, whether sponsored or not, are subject to paying a rental fee for space
usage, unless a waiver is granted.
(e) All campus spaces, premises, equipment, or services identified as available for rental shall be
listed together with the corresponding rental rate(s).
(f) Additional costs (e.g., onsite personnel, Physical Plant, Media Center, Parking Services,
Utilities or Police) required to support special events shall be reimbursed to the appropriate
unit(s), unless a waiver is granted.
(6) Special Events Limitations for Non-Affiliated Users
(a) Facilities may not be used in ways that interfere with or are detrimental to NCF’s teaching,
research, public service or support programs.
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(b) Campus facilities may not be used for private or commercial purposes such as solicitation,
sales, advertising, or promotional activities unless such activities clearly serve educational
purposes and are sponsored by or undertaken at the request of an appropriate NCF unit or are by
contractual agreement with NCF.
(c) Fundraising groups other than those sponsored by the New College Foundation or as
otherwise noted in this section are strictly prohibited. Likewise, events determined to be
detrimental to the purpose and image of the campus are prohibited. The United Way is
recognized as the fund-raising venue for community-based organizations and charities to solicit
on campus.
(d) CSS must review scope of all rentals including catering, decorations, entertainment, staging,
and any tents in advance. CSS will coordinate reviews of lighting, floor plans, and tent setup
concepts and coordinate placement with Physical Plant to guard against misplacement that may
result in damage to underground utilities or other damage.
(e) Candles and open flames are prohibited inside all facilities due to fire code regulations.
(f) Caterers are to be reminded of the following:
1. All spills are to be cleaned up immediately.
2. No food shall be poured down any sink, especially grease or hot oil.
3. All garbage must be removed at the conclusion of the event. The facilities do not provide
garbage sites for caterers.
4. Instructions from Events Assistants and Campus Police must be followed.
5. Caterers will ensure that facilities are returned to their original conditions.
6. All activities must be coordinated with CSS.
(g) If entertainment is contracted for events, CSS must be made aware of the name and nature of
the entertainment. CCS reserves the right to seek the opinion of designated senior management
of NCF or USF S-M if questions arise on the number of musicians, and the volume of the music
played. All outdoor music must end at 11:00 p.m.
(h) CSS shall normally determine which priority category the proposed use of a given space falls.
Designated NCF senior management shall resolve appeals of any such decisions.
(i) Sponsors of all events that are not directly related to NCF business will be charged for the use
of the facilities in accordance with the schedule of charges mutually approved by NCF and
published by CSS.
(j) Special services (e.g., extra janitorial, security, audiovisual equipment) related to the special
event will be charged to the user.
(7) Facility Use Agreements for Non-Affiliated Groups and Organizations.
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(a) Use of campus space by non-affiliated individuals or groups, whether sponsored or not, must
be authorized by a written agreement. Such agreements are to provide for:
1. Full cost recovery.
2. Confirmation that the use does not constitute institution or state endorsement of the using
organization, its views or objectives.
3. Certification that such use does not interfere with primary institution uses for which the
facilities are intended.
(b) The agreement must specifically protect the institution from any liability or property loss
exposures that may or do result from the non-affiliate’s activities or occupancy.
(c) Institution users (including individuals or groups) who use campus facilities or institution
users who sponsor non-affiliated users’ use of campus facilities, are responsible for the behavior
of their members and guests, and will be held liable for any damage or theft to campus facilities
or property.
(8) Facility Use Fees.
(a) Non-affiliated users, whether sponsored or not, holding events at NCF will be responsible for
paying a rental fee, unless a waiver has been granted.
(b) Fee Waivers
1. E&G room rental fees may be waived if the event has clear, measurable benefits to NCF.
Requests for E&G rental fee waivers must be submitted, in writing, through the appropriate
NCF administrator designated to review such waivers to CSS. If prior documented approval
is not obtained, the entity reserving the space may be held responsible for all, or a portion, of
the fees.
2. Auxiliary space fees may be waived at the discretion of the auxiliary authority.
History: Approved as Policies 0-502, 0-503, and 0-507 on 4-27-02. Regulation number approved with
new table of contents 6-29-10. Approved as regulation 11-6-10.
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3-5101 [3-003] Campus Master Plan
The Campus Master Plan, which is updated on an annual basis, provides for the orderly and systematic
growth of the physical facilities at the College.
(1) The Chairman of the Space Committee has the authority and the responsibility to coordinate the
College’s efforts in the compilation of data and the production of maps, plans, and charts required to
complete the Campus Master Plan. The Campus Master Plan will be updated and sent to the Board of
Education on an annual basis.
(2) It is the responsibility of the Provost to provide enrollment projections by discipline; the
responsibility of the Vice President for Finance and Administration to provide information on the
staffing requirements based on the enrollment projections; the responsibility of Director of Facilities
Planning to determine the square footage of space required by using the Board of Education formulae
using the enrollment and staffing projections; and, the responsibility of the Director of Facilities
Planning, using the abovementioned data, to determine the number, size, and type of buildings
required. It is also the responsibility of the Director of Facilities Planning to locate these buildings on
the Campus Master Planning Map, project and locate future roads, parking, and utility requirements
on the map. Upon completion of a draft of the Campus Master Plan, it is submitted to the Space
Committee for its comments and suggestions. After these comments and suggestions have been
incorporated into the plan, it is then submitted to the President and the Board of Trustees for approval.
Upon approval, the plan then becomes the official Campus Master Plan of the College.
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3-5102 [3-004] College Land Use Planning and Utilization Policy
To establish an orderly process for determining and implementing a College-wide land use and utilization
policy and related procedures.
(1) The authority and responsibility for development of the College’s formal land use plan shall rest
with the Director of Facilities Planning who shall recommend through the Vice President for Finance
and Administration, such plan or plans for review and approval by the Space Committee, the
President, and the Board of Trustees. The Space Committee will consult with other College
constituencies as appropriate.
Upon approval by the Board of Trustees, the plan shall be adopted as the authoritative statement for
College land usage. All amendments or variations to the plan will require approval by the Space
Committee, the President, and the Board of Trustees.
(a) The Director of Facilities Planning, through the Vice President for Finance and
Administration, shall prepare and recommend to the Space Committee and the President a long
range master plan for land usage. The plan may consist of a map or maps and narrative that
delineates broad land uses to include dedicated areas for:
1. Academic or educational facilities
2. Administrative support facilities
3. Residential facilities
4. Student facilities
5. Recreational/athletic facilities
6. Restricted green space
7. Parking and roadways
8. Facilities for external entities
(b) The Director of Facilities Planning shall review and recommend, through the Vice President
for Finance and Administration, to the Space Committee and the President all requests for:
1. Amendments or variations to the adopted land use plan.
2. New buildings or other physical facilities which would require a dedication of College
property.
3. Memorials, building dedication markers, outdoor signage, fencing and other fixtures which
might be erected on College property.
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4. Modifications, additions or deletions of physical facilities or other uses which impact the
dedication of College property.
(c) The Vice President for Finance and Administration shall review all rezoning or modification
of zoning of property of interest to the College.
The College has no formal authority in rezoning actions but regularly requests consideration of its
recommendations regarding such actions by the appropriate governmental body.
(d) The Director of Facilities Planning shall review and recommend, through the Vice President
for Finance and Administration, all requests for dedication and use of College land for external
entities to the Space Committee and the President. These requests must meet all requirements of
Florida Statutes, Board of Education and Department of Education rules and regulations and be a
direct complement and of significant benefit to the academic programs and the educational
mission of the College in order to receive approval.
(e) The above policies and procedures pertain to all College properties including:
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3-5103 [3-005] Campus Signage
The purpose of this policy is to specify the methods and responsibilities for administrating a signage
program to provide a consistent signage policy based on the Campus Master Plan. The signage will
enhance the visual environment and aid communication and direction to visitors, students, faculty and
staff. Also, this program is established to eliminate the proliferation of signs (both permanent and
temporary) that are contrary to the established standards described herein. This policy applies to all
entities located on all campuses unless specifically stated otherwise.
(1) Permanent Sign Policy.
(a) Exterior Signs. All requests for exterior permanent signs must be sent to College’s Physical
Plant Division for approval. The College’s Physical Plant shall review the requests with the
Director of Facilities Planning for coordination with the Campus Master Plan and for
coordination with ongoing projects. All requests must conform to the Campus Master Plan
signage program. Any request for an exception to this program must be approved by the Vice
President for Finance and Administration.
Signage types will be broken down into a hierarchy of sizes and functions. Hierarchy is
determined by the importance of the sign to the overall system and its scale relationship to the
intended user.
1. Main Entry Features. The major entrance to the campus shall be identified to the outside
user with a major site feature which will include the main entry signs. The features
themselves will be site specific and relate to the main entries intended in the adopted campus
master signage plan. The site features may be different to specifically relate to the
surrounding scale and location.
2. Campus Identity Signs. These signs shall be used to mark the boundaries of the campus to
the general public and are scaled to be readable from the automobile. There shall be two types
of identity signs -- identity pylon or identity pylon with reader board. Both sign types shall be
illuminated and shall carry logo and campus location. The identity sign shall be a monolithic
slab with reader board eleven feet (11' ) high and eight feet (8') wide, with a four feet (4') by
eight feet (8') removable module. The identity pylon shall be four feet (4') wide by ten feet
(10') high.
3. Directional Signs. These signs shall be used to direct the vehicle user through the campus
roadways and parking areas. Their major goal will be to direct traffic to particular points of
interest in the simplest and shortest direction. All signs will typically show the College logo
and location and all information will be set with a reflective copy type. Due to the
requirements of certain campuses, two types of directional signs shall be provided. Primary
directional signs and illuminated signs with removable message strips (for flexibility). These
signs are approximately six feet (6') wide by ten feet (10') high. Secondary signs are intended
to support primary signs as well as to aid and direct campus vehicular traffic. Secondary signs
are designed to be non-illuminated with non-reflective copy types.
4. Building Identification Signs. These signs shall carry the logo of the campus only and shall
be used to specifically identify a building, groups of buildings or a specific college on the
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campus. There are two types of signs for this category -- one type if primary relationship is to
the automobile and a different type if primary relationship is to the pedestrian.
5. Automobile Signage. Automobile signage shall be a four feet (4') by three feet (3') high
panel on a three foot (3') high base. The pedestrian oriented identification sign shall be nonilluminated and made up of a three feet (3') by one foot (1') high panel on an eighteen inch
(18'') high base.
6. Information Signage. In order to control the orderly flow of information necessary for
proper movement throughout the campus, signage elements shall provide information such as
restrictions, parking lot locations and requirements, street names, maps, etc. In most cases,
these signs are intended for the vehicle user and shall be a three feet (3') by two feet (2') high
panel on a post reaching six feet (6') high overall. These signs shall be non-illuminated and
used with reflective copy.
7. Pedestrian Kiosks. These shall be specifically scaled to the pedestrian, shall include a map
or directory of the campus and have an appropriately sized lockable board for changing
campus information. These signs shall be strategically located along major pedestrian
corridors.
8. Regulatory Signage. Traffic control signs shall meet all required specifications of the
Uniform Traffic Control System (UTCS) set forth by the Department of Transportation.
These signage elements shall be set on a post and panel system using international symbols
whenever possible. Regulatory signs will be used by individual campuses to safely control
vehicular circulation throughout roadways and parking lots as deemed necessary.
(b) Interior Signs.
1. Existing Interior. All requests to add, delete, or alter any permanent interior building sign
shall be approved by the Physical Plant Division.
2. New Interior. Signs will be provided as part of a building project as administered by the
Director of Facilities Planning.
(2) Temporary Sign Policy – Exterior, Interior. Signs and notices are to be placed only on authorized
boards, A-frames, or in door card holders, except as provided herein. No signs are to be attached to
any College building, tree, or light post, except as specified below.
(a) Directional Signs. Directional signs for meetings and conferences being held on the Campus
may be posted at specific locations.
(b) Temporary Interior Signs. Small signs are limited to bulletin boards and A-frames.
(c) Student Activities. For any major student related activity, non-electrical signs, not to exceed
four feet (4') in width and not to have an overall height of more than eight feet (8') may be
displayed. Non-fabric signs that are more than four feet (4') by eight feet (8').
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Student Government election posters or signs not exceeding four feet (4') by eight feet (8') may
be utilized 15 days before election day plus an additional seven days for runoffs. They must not
block any passageway, obstruct any College buildings, signs, or other structures or otherwise
unreasonably distract or interfere with members of the College community in carrying out their
normal functions. Signs should not be placed in a manner which would block a driver's view at an
intersection. Signs placed along the roadway must be placed a minimum of 30 feet (30') from an
intersection. The College’s Physical Plant Division may be consulted when there are any
questions concerning the desired location of a sign. These posters or signs must be removed
immediately following the scheduled event.
When signs are improperly constructed, placed, or allowed to deteriorate into a state of disrepair, they
will be removed immediately by the Division of Physical Plant.
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3-5301 Building Maintenance.
This regulation articulates the need for maintenance of buildings at NCF. It recognizes that some
maintenance at NCF is the budgetary responsibility of Physical Plant, while other requests must be
funded by the department or division requesting the work.
(1) Physical Plant shall receive an E&G appropriation each fiscal year and shall be responsible for
funding routine building maintenance to protect the State's investment in its physical facilities.
(2) Other building work, service, and charges of specific benefit to a department or division shall be
that department or division's responsibility.
Approved as Policy 3-001 on 4-27-02. Renumbered as regulation 6-29-10. Revised 9-11-10.
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3-5302 [3-002] Equipment Construction and Installation
This policy has been established to ensure that facilities are not improperly altered and that the addition of
equipment requiring electrical and/or mechanical work is properly installed.
(1) No fixed equipment shall be attached in any manner to a building without an approved space
request.
(2) Any movable equipment (i.e., equipment not fixed to walls or floors) will be constructed by
Physical Plant or by an outside vendor on the recommendation of Physical Plant.
(3) Specialized departmental movable equipment used for teaching and/or research may be
constructed in college or departmental shops provided such construction has been approved in
advance by the Controller. Such equipment must be properly decaled in order to meet physical
property audits.
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3-6001 Parking.
This regulation describes how faculty, staff, students, visitors and guests can appropriately drive and park
on the NCF campus. All members of the NCF community holding a valid operators license are privileged
to use properly registered motor vehicles, motor scooters, bicycles and other mechanical conveyances on
the campus of NCF in accordance with the terms of these regulations.
(1) Driving and Parking on Campus.
(a) Authorization.
1. The NCF Police Department and Parking Services are responsible for enforcing parking
regulations at NCF. Parking Services is also responsible for vehicle registration and
administration of parking citations, payment, and appeals.
2. NCF strives to provide adequate parking for its employees, students and visitors, and must
charge fees for use of parking spaces in order to pay for the operation of Parking Services and
the maintenance of campus parking facilities. Due to the size of the staff and student bodies,
NCF does not guarantee parking to all students and staff paying for spaces.
3. For those community members parking on campus, NCF provides for, but does not
guarantee, the safety and security of vehicles, property and persons within NCF parking
facilities.
(b) Enforcement.
1. Parking Services and the NCF Police Department are authorized to directly and
immediately enforce these regulations on the NCF campus. The NCF Police Department is
authorized to make arrests and issue moving traffic citations on campus. For further
description of the NCF Police Department’s authority and jurisdiction, see NCF Regulation
3-6100 NCF Police.
2. NCF Police and staff of Parking Services are authorized to issue parking citations for
parking and registration violations in accordance with these regulations twenty-four hours a
day.
(2) Definitions.
(a) Disabled Parking. Specifically designated parking for anyone legally qualified to use disabled
parking.
(b) Holidays. Official NCF holidays only. Academic breaks and weekends are not holidays.
(c) Licensee. A person or entity that is present on the grounds of NCF because they have entered
into an agreement with NCF for use of NCF’s facilities.
(d) Loading/Unloading Zones. Spaces specifically designated for vehicles making deliveries and
pick-ups.
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(e) Parking. Stopping a vehicle on the side of the road, on the road, or off the road when not
required to do so by law or regulation. The parked condition is not altered by occupancy of the
vehicle, leaving the vehicle’s motor running, or engaging the vehicle’s flashing hazard light.
(f) Parking Services. NCF’s parking office.
(g) Permit. A distinctive adhesive decal or hangtag issued by Parking Services.
(h) Registered Vehicle. Any vehicle that is registered with Parking Services by filing an
application that provides the necessary vehicle/owner/driver identification information and
paying the appropriate fee.
(i) Reserved Space. Individually marked space reserved for the specified user.
(j) Service Drive. Areas of campus that provide access for delivery service and emergency
vehicles only.
(k) Staff. Faculty, adjuncts, A & P, USPS, full-time, part-time and non-student OPS employees.
(l) Student. All persons other than “staff” as defined above, who are enrolled at NCF regardless
of whether they are attending classes.
(m) Temporary Permit. A permit issued by Parking Services or other authorized persons for
visitors, persons temporarily incapacitated, non-enrolled students, persons on special NCF
assignment and persons temporarily using another vehicle.
(n) Timed Spaces. Parking spaces specifically designated for vehicles making short term stops of
no greater than the time posted for the space.
(o) Vendor/Contractor. Any person/company that has entered into a contract with NCF to
provide a service to NCF, regardless of the length of the contract.
(p) Visitor. Any person who is not a member of the NCF community (student, staff, faculty,
vendor/contractor or licensee) on the NCF campus.
(q) Volunteer. Any person who provides volunteer services and receives no compensation from
NCF for those services.
(r) Retired. Faculty and staff who have retired from NCF and are not currently employed by
NCF.
(3) Registration Regulations.
(a) Vehicles used on campus by staff and enrolled students, regardless of number of hours or
days, night or day, full time or part time, must be registered and must bear a valid NCF permit.
(b) Vehicles may be registered during business hours Monday through Friday, at Parking
Services, First Floor, Palmer “D” Building, 5800 Bay Shore Road, Sarasota, Florida, 34243.
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(c) Upon request by Parking Services, the person registering a vehicle must present a valid NCF
faculty, staff, or student ID card, or a letter from the employer, which justifies the type of permit
requested. Disabled registrants must present a copy of their disabled registration. All registrants
are responsible for providing Parking Services with a current address and current information on
vehicle ownership.
(d) All vehicles on campus must be registered prior to parking in any non-visitor spaces.
(e) There is no grace period for registration of vehicles and acquisition of NCF permits. New and
returning employees may obtain a temporary permit for fourteen (14) calendar days from the start
date of their employment. Proof of employment is required.
(f) Marked delivery trucks or commercial vehicles (driven by commercial representatives),
telephone and power service vehicles, limousine service automobiles, taxis and buses making
brief stops in the appropriate spaces or zones at one or more points on campus are not required to
pay a parking fee or display a permit unless the vehicles will be parked. When parked, these
vehicles shall utilize designated loading/unloading zones for a period of no more than thirty (30)
minutes.
(4) Permit Regulations.
(a) When the vehicle is parked, hangtags must be hung from the rearview mirror bracket with the
registration number plainly visible through the front window of the vehicle. Having tinted
windows or using a sunscreen or a car cover does not preclude the necessity of ensuring the
hangtag is plainly visible.
(b) Hangtags may not be transferred from registrant to another vehicle operator who would
otherwise be required to register his or her vehicle.
(c) Hangtags are transferable to any vehicle owned by the registrant.
(d) Adhesive decals are only issued to those registrants with convertibles or other open vehicles.
The decal must be permanently affixed to the left rear bumper and/or the left side rear windshield
of the vehicle (outside only). Improper display of decal may result in a citation being issued and
a fine being charged.
(e) Adhesive decals for all two-wheeled vehicles must be displayed on the rear fender of the
vehicle unless otherwise approved by Parking Services.
(f) NCF permits may not be reproduced, altered, or transferred by anyone other than Parking
Services.
(g) The person who owns or registers a vehicle is responsible for assuring that the vehicle,
regardless of who drives it, is parked in conformance with the rules and regulations and for
knowing when the issued permit expires.
(h) All citations issued to a permit will be that registrant’s responsibility regardless of which
vehicle the permit is on at the time of the infraction, unless a lost/stolen affidavit form regarding
that permit has previously been submitted to Parking Services.
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(i) Any vehicle parked on campus is parked at the risk of the operator. Permits declared lost or
stolen will immediately become invalid. An affidavit must be completed for lost or stolen
permits or in the event that the permit was sold with the car. If recovered, the permit will be
reclaimed by Parking Services and destroyed. Any vehicle bearing a lost/stolen permit is subject
to immediate tow, even if the person who has reported the permit as lost/stolen owns the vehicle
bearing the permit.
(j) All NCF staff, students and visitors who own, register, and have more than one vehicle on
campus at the same time are required to have a valid permit displayed on each vehicle.
(k) NCF students, faculty and staff have the option of purchasing a State of Florida issued New
College of Florida Vehicle License Tag in lieu of purchasing a parking permit. A permit
appropriately identifying that the vehicle was registered in this manner will be given to the
vehicle owner/operator free of charge and must be displayed at all times for the vehicle to be
considered registered with Parking Services.
(l) According to 4.1.1 of the NCF Faculty Handbook, faculty who have been officially awarded
the honorary title of Emeritus/a are entitled to free parking. Retired faculty with Emeritus/a status
must still register their with Parking Services and display a hang tag when parked on campus.
(5) Vehicle Registration Fees.
(a) Refunds. No full refunds are issued for permits, including replacement permits, unless the
refund is requested within fourteen (14) calendar days of the initial date of validity of the permit.
Refund requests must be submitted to Parking Services. Refund requests received after fourteen
(14) calendar days of the initial date of validity of the permit are pro-rated.
(b) Permits for change of status, student to staff, or hangtag to adhesive, are issued free of charge
upon presentation of the old permit and proof of status change.
(c) Coins are not accepted for payment of registration or citations unless the coins are properly
rolled in bank wrappers and identified with payee’s name and student ID number or Driver’s
License number.
(6) Parking Regulations.
(a) The absence of “No Parking” signs or curb markings does not mean that parking is allowed.
Parking is permitted only within marked spaces or areas with mulch or shell surfaces.
(b) Parking on or over a marker line is prohibited. Vehicles parked parallel to a curb shall be
within one foot of the curb and inside parking markers.
(c) Vehicles shall not be parked facing traffic in those lots with angled parking. For those lots
with straight-in parking (90 degree), a vehicle may also be parked with the rear of the vehicle
towards the closed end of the parking space.
(d) Where parallel parking is permitted, vehicles must be parked facing the flow of traffic.
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(e) Vehicles shall not be parked in such a manner as to obstruct vehicular/pedestrian traffic,
wheelchair ramps, to interfere with normal NCF operational activities or to create a hazard.
(f) Double parking is prohibited at all times.
(g) Parking on grass, sidewalks, crosswalks, service drives, loading zones, truck spaces, or on
streets, except where specifically marked for parking, is prohibited.
(h) Parking on grass is prohibited except in the case of overflow parking for events and where
bumper blocks indicate parking is allowed on mulch or grass.
(i) Major repairs to non-NCF owned vehicles shall not be performed on campus.
(j) Unauthorized parking in RESERVED spaces is prohibited.
(k) A vehicle parked and remaining at the same unloading zone or timed space will not receive
more than two tickets for overtime violations in the same calendar day.
(l) Campus map and parking lot signs indicate where staff and students shall park according to
the type of permit displayed on the vehicle. Vehicles may only be parked in the appropriate lots
and spaces.
(m) Unless otherwise marked, all loading/unloading zones have a 30-minute time limit.
(m) Only authorized vehicles may be parked in disabled spaces.
(o) Oversized vehicles such as trucks, trailers, motor homes, or any vehicle that occupies more
than one standard car space or extends beyond the space shall be parked in an area designated by
Parking Services or the NCF Police Department. The maximum allowance time for parking in
this manner is seven (7) calendar days.
(o n) Vehicles may not be used as overnight domiciles, except under emergency conditions and
only with the prior approval of Parking Services.
(p) Special Events and Maintenance. Parking Services has authority to close streets, lots and
parking spaces to facilitate NCF special events, and to perform necessary maintenance. Contact
Parking Services when planning a special event at NCF to receive proper parking permits and
assignments. No department has the authority to close any lots prior to 5:00 p.m. without first
seeking permission from Parking Services.
(7) Visitor/Temporary Parking Permits.
(a) A person who is currently registered with Parking Services and temporarily not in possession
of his/her permit must obtain a temporary parking permit before parking on campus.
(b) On request to Parking Services permits may be issued to park out of assigned areas for
extraordinary reasons (such as temporary incapacitation or for security reasons).
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(c) Students, faculty, or staff sponsoring or co-sponsoring an event on campus shall request
temporary parking permits at least two weeks in advance from Parking Services for the event
participants.
(d) Visitors not using reserved “visitor spaces” must obtain daily permits from Parking Services,
PMD, 5800 Bay Shore Road, Sarasota, Florida 34234 or the NCF Police Department.
(8) Disabled Parking.
(a) Any staff member or student with a physical disability (temporary or permanent) which
impedes walking may apply with authorized documentation to Parking Services for a special
disabled parking permit.
(b) Wheelchair-bound registrants are entitled to a special disabled parking space.
(c) All spaces designated for the disabled are reserved twenty-four (24) hours a day.
(d) Holders of special disabled permits are required to advise Parking Services when assigned
special disabled spaces are no longer required.
(9) Traffic Regulations.
(a) Traffic rules, regulations and directive signs governing the use of motor vehicles are in effect
24 hours a day, all year long. Inclement weather does not bar their enforcement.
(b) Motorists shall yield the right-of-way to pedestrians within a crosswalk.
(c) The campus speed limit is 20 mph unless otherwise posted. Speed limit in parking lots is 10
mph.
(d) It is unlawful to drive in the opposite direction of the normal flow of traffic.
(e) It is unlawful to remove, alter, or change any traffic control device, sign, barricade, or traffic
cone. It is also unlawful to drive around barricades, traffic cones in the roadway, or parking lots
that are closed by Parking Services.
(f) All Florida traffic laws are enforceable on campus.
(10) Regulations Governing Scooters, Motorcycles, Bicycles and Mopeds.
(a) Drivers of scooters, motorcycles, bicycles and mopeds are responsible for observing the same
traffic regulations as those governing larger motor vehicles.
(b) Drivers may not drive, ride or park scooters, mopeds, or motorcycles on grass, sidewalks or in
the confines of a building.
(c) It is unlawful for more than one person to ride on a vehicle at the same time, unless the
vehicle is designed for and equipped with a seat for each person.
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(d) Drivers of two- or three-wheeled motorized vehicles shall use designated motorcycle spaces;
however, if all designated spaces are occupied they may park in vehicle parking spaces.
(e) Holders of motorcycle or bicycle permits are entitled to a maximum of five (5) days, annually,
of temporary parking permits for four-wheeled vehicles.
(f) All two- or three-wheeled motor vehicles must be registered with Parking Services.
(g) Motorcycles cannot display automobile permits at any time; therefore, registered owners of
four-wheeled vehicles who have motorcycles are required to register and purchase permits for
each vehicle or motorcycle they wish to park on campus.
(h) NCF Police will ticket bicyclists for MOVING VIOLATIONS on streets or sidewalks.
Bicycle Regulations are outlined in section 316.2065, Florida Statutes.
(i) A person propelling a bicycle by human power upon and along a sidewalk, or across a
roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under
the same circumstances, but the cyclist shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing such pedestrian.
(11) Towing/Immobilizing of Vehicles.
(a) Vehicles are subject to being immobilized by a mechanical boot or towed away at the
operator’s expense under any of the following conditions:
1. Unauthorized parking in reserved or disabled spaces.
2. Parking without a valid permit or displaying a counterfeit, stolen, altered, lost or revoked
permit.
3. Abandoning a vehicle (disabled or otherwise) for three (3) consecutive days or more. In
order to avoid having their vehicle towed, the operator of a disabled vehicle must notify
Parking Services between 8:00 am and 5:00 pm or the NCF Police Department after 5:00 pm
on weekdays and on weekends and holidays.
4. Parking in such a way as to disrupt normal NCF operational activities.
5. Obstructing traffic.
6. Creating a hazardous condition.
7. Having five (5) or more outstanding citations.
8. Attempting to remove and/or damage an immobilization device.
(b) Vehicles that have been immobilized by a mechanical boot are towed at the owner’s expense.
The owner is required to pay for the outstanding citations, the immobilization fee and applicable
towing charges prior to claiming his or her vehicle. The fact that a previously immobilized
vehicle has been removed from the area without authorization from Parking Services shall be
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prima facie evidence that the registered owner has tampered with the immobilized vehicle.
Owners of immobilized vehicles may make restitution during office hours at Parking Services
PMD 5800 Bay Shore Road, Sarasota, Florida 34243. Such payments will not be accepted after
hours or through the weekend/holidays. Vehicles will remain immobilized until restitution is
made on one of the next business days.
(c) A signed release slip must be obtained from Parking Services before owner’s towed vehicle
may be reclaimed from the towing company. The release slip will be issued after vehicle
registration fees and outstanding citation fees are paid at Parking Services. In addition, the owner
or operator of the towed vehicle must provide proper identification to the towing company and
pay the towing charges in cash to the towing company before reclaiming the vehicle from the
towing company.
(12) Violations, Penalties, and Fines.
(a) Operators of vehicles are subject to fines in accordance with the schedule of fines as approved
by the NCF BOT through Regulation 3-1002 Tuition and Fees Schedule.
(b) Permission to operate a vehicle on campus may be revoked for a period up to twelve (12)
months and the operator so notified by Parking Services under the following circumstances:
1. The person falsifies or misrepresents information on any documents completed for Parking
Services.
2. The person lends his/her vehicle to another person when the latter is not entitled to driving
privileges.
3. The person required to register a vehicle does not respond to citations.
4. The person demonstrates actions that show a willful disregard for public safety or the NCF
community.
5. The person owes a delinquent debt to NCF.
(c) Any violation not cleared at the end of twenty-one (21) days shall be referred to the Business
Office for collection. Outstanding student accounts may also result in student records and
registration being placed on hold until the debt is settled.
(13) Citation—Payment and Appeal Process.
(a) Unless otherwise specified in these regulations, all persons who are cited for non-moving
violations may make payment to the Parking Services in person or mail payment in the envelope
provided. If payment is mailed it shall not be made using cash.
(b) Appeal Process.
1. Only those persons or departments responsible for incurring the citation or the registrant of
the vehicle cited may appeal to Parking Services or the Parking Citation Appeal Committee.
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2. Any person or department who wishes to appeal a citation shall do so within fourteen (14)
calendar days from the date of issuance on the citation. (Note: Warning citations may not be
appealed.) Appeals may be submitted in writing, in person, or via the Internet. The NCF
Parking Services Parking Citation Appeal form (Rev. 7/20/09), incorporated by reference
herein, is available at Parking Services, PMD, 5800 Bay Shore Road, Sarasota, Florida 34243
and on the Parking Services web site. A copy may also be obtained by calling (941) 4874626. The person appealing the decision must explain the circumstances existing at the time
of the citation in the appeal for review of the citation.
3. If an appeal is not submitted within fourteen (14) calendar days from the date the citation
was issued, the right to appeal is forfeited.
4. The written appeal will be reviewed by the Appeals Mediator/Staff, adjudicated based on
the current PO Parking Services Regulations and a letter or an email of decision will be
issued.
5. If the person or department is dissatisfied with the decision of the Appeals, Mediator/Staff,
they may appeal the Appeals Mediator/Staff’s decision to the Parking Citation Appeal
Committee. Such appeals must be requested in one of the following ways:
a. in writing, or
b. by appearing in person or by having the original appeal forwarded.
Such appeal requests must be made within fourteen (14) calendar days from the date of
the Appeals Mediator/Staff’s letter of decision. The Parking Citation Appeal Committee
will review the matter and may excuse, reduce or uphold the citation, but the Committee
may not contradict the prevailing parking and registration regulations. The Parking
Citation Appeal Committee is the final appeal authority.
Specific Authority section 1006.66(2) Florida Statutes. Law Implemented section 1006.66 Florida
Statutes.
History—Established as rule 6C11-4.001. Adopted as Regulation 6.01 on 6-10-06. Renumbered with
approval of table of contents 6-29-10. Revised 9-11-10.
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3-6002 Opening of Rooms and Other Facilities
This regulation intends to ensure that NCF buildings and facilities, including contents, are adequately
secured as required by NCF and consistent with the best interests of NCF.
(1) Access to NCF offices, classrooms, and other areas is available to authorized persons. To ensure
that other persons do not unlawfully gain access to these areas, requests for opening of locked areas
will be handled as follows:
(a) Offices
1. Monday through Friday, 8:00 a.m. to 5:00 p.m. The person requesting entry should contact
the appropriate Vice-President, Dean, Director, Chair, or other available supervisor. If not
available, the custodial staff shall be contacted at Physical Plant: 4240 (campus phone) or
941-487-4240 (off-campus phone).
2. Other Times. Before and after 8:00 am to 5:00 pm, the NCF Police Department should be
contacted to request the opening of locked areas. Prior to allowing entry to any facility the
NCF Police will require authorization from the Vice President for Finance and
Administration, Provost, or the accountable dean, director, or chair specifying the area(s)
which may be entered. Under no circumstances will students be admitted to faculty or staff
office areas unless authorized by the faculty or staff member to whose office admission is
sought. This does not prevent an accountable office from issuing keys to students if necessary
for the performance of assigned duties.
(b) Classrooms
1. Monday through Friday, 7:00 a.m. to 4:00 p.m. The custodial staff will open locked spaces
unless it has been requested by the occupying department or division not to open the space (in
the case of certain labs, etc.).
2. Monday through Friday, 4:00 p.m. to 10:00 p.m. The custodial staff will open all
classrooms in accordance with the schedule provided by the Director of Physical Plant.
3. Special Purpose Rooms (music practice rooms, photo lab, etc.). Areas designated as special
purpose rooms normally contain expensive, easily removed items. The custodial staff will
allow access to these facilities only upon written authorization of the Provost, dean, division
chair, or appropriate faculty member. Such authorization shall include the specific days and
hours that the room shall be available to general use and a statement as to whether or not a
monitor shall be present during such hours.
(c) Scheduled Events
1. The custodial staff are responsible for opening locked spaces Monday through Friday, 7:00
a.m. to 4:00p.m for special events.
2. At all other time the NCF Police Department should be contacted to open locked spaces.
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(d) Special Considerations (non-duty hours). Renovations, installation of equipment, or repairs
should be performed during normal working hours. If this is not possible, the following procedures
shall be followed:
1. Telephone Installation/Repair. All work to be performed shall be coordinated between
Information Technologies and the department involved prior to the initiation of the work.
Emergency repairs may require a deviation from this policy.
2. Carpet Installation or Other Work Performed by an Off Campus Vendor. All work
performed by an off-campus vendor shall be done during normal working hours unless under
the direct supervision of a member of that department or division. The NCF Police
Department shall be informed of the name of the vendor, the date and times of such work,
and the name of the department or division member who will be present during such times
prior to the scheduling of the work.
3. Security Alarm Malfunctions. Upon discovery of a malfunction in the alarm system of a
facility having a security alarm system monitored by the NCF Police, the NCF Police will
contact Physical Plant (4240) between 8:00 a.m. and 5:00 p.m., or , after normal duty hours,
refer to the Physical Plant Problem & Emergency Call Procedures. Lateness of the hour or
other undesirable factors are not justification for failure of NCF Police to respond.
Policy 6-001 approved 4-27-02. Renumbered with approval of table of contents 6-29-10. Revised as
regulation 9-11-10.
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3-6003 [6-002] Bomb Threat Policy
The increasing incidence of bomb threats made against College buildings and activities necessitates the
creation of a policy designed to cope with such activity. While the vast majority of threats received are
false and intended to disrupt the normal activities scheduled at the facility; one cannot assume that the
caller does not have definite knowledge of an explosive device and is sincere in his desire to minimize
personal injury.
(1) The Penalty. Florida Statute 790.164 - False reports of bombing state-owned property, etc.,
felony; penalty; reward.
It shall be unlawful for any person to make a false report with the intent to deceive, mislead, or
otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, or deadly
explosive, or concerning any act of arson or other violence to property owned by the State. Any
person violating the provisions of this subsection shall be guilty of a felony of the second degree,
punishable as provided in §775.082, §775.083 or §775.084.
There shall be a $5,000 reward for the giving of information to any law enforcement agency in the
State, which information leads to the arrest and conviction of any person violating the provisions of
this section. Any person claiming such reward shall apply to the law enforcement agency developing
the case and be paid by the Department of Law Enforcement from the deficiency fund.
In an effort to deal with this problem in a coordinated manner whereby the potential for life or
property loss is minimized, the following procedure is established.
(2) Procedure.
(a) Receipt of Threat. Bomb Threat called directly to College Building or College Switchboard.
1. Secretary/Operator Responsibility. The most important single factor to keep in mind upon
receipt of a bomb threat is to remain calm - the information gathered at this point is
absolutely essential.
2. Complete the checklist for bomb threats. Retain a copy as it will be used by the University
Police.
3. Immediately after the caller hangs up, the person receiving the call should report this
information to their supervisor and call the University Police. The supervisor should at this
point inform the appropriate Dean, Chairperson, as well as, the Vice President of Finance and
Administration.
These procedures should be followed immediately, as any delay would only serve to increase the
risk factor.
(3) Threat Evaluation. Unfortunately, there is little reliable information to assist in differentiating
between a bomb hoax and legitimate warning. As the primary responsibility and authority for
handling bomb threats rests with the University Police, the following guidelines will be in effect:
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(a) The Senior University Police Official, or his designee, shall immediately gather and evaluate
all available facts and information to determine the most reasonable course of action to be
followed. In arriving at this decision, the Senior University Police Official shall discuss the need
for evacuation of the building with the administrative official in charge of the building.
(b) If, in the opinion of the administrative official in charge of the building, an evacuation is
necessary, such action will be implemented immediately.
(c) If the Police Department has information or knowledge which might substantiate the threat,
immediate evacuation shall be required. This decision will be final.
(d) In all cases where total evacuation is NOT ordered, the Senior University Police Official, or
his designee, shall immediately communicate this decision to the Vice President for Finance and
Administration for review and concurrence.
(4) Evacuation.
(a) If the recommendation is to evacuate the threatened structure, all occupants will be advised of
the threat by Police personnel and advised to immediately leave the building.
1. All occupants should, prior to leaving, look for any unusual or suspicious objects, activities
or persons and report same to Police personnel arriving on the scene.
2. Personal possessions such as attaché cases, purses, or other handbags should be removed
by the owner when departing the building.
3. Persons evacuating from a building will be required to remain at least 100 yards from the
building until an approved reentry is announced.
4. Police personnel will conduct a search for an explosive or incendiary device.
(b) If the recommendation is not to evacuate the threatened structure, the following shall apply.
1. The building supervisor, or his/her designee, shall immediately notify or cause to be
notified, all building occupants of the receipt of the threat and offer an opportunity for each
individual to make a decision as to remaining or leaving the building.
2. All occupants will make a visual inspection of their rooms and will immediately notify the
University Police of any unusual, suspicious or unidentifiable object. Any such object being
located will cause a reevaluation of the need for mandatory evacuation.
3. Police personnel will search the exterior of the building, the basement, stairwells, elevator
shafts, closets, restrooms, and all areas readily accessible to the public.
(5) The Search
(a) Cooperation between the Police Officer on the scene and the facility personnel should be
utilized in the search for an explosive device. This will serve to expedite the search.
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(b) The search will be coordinated by the Senior University Police Official on the scene.
(c) Areas housing critical equipment/machinery should be searched by personnel most familiar
with the areas and the equipment. Staff members should be designated to search areas within their
respective buildings.
(d) It is imperative that building personnel involved in the search be instructed that their job is
only to search for and report suspicious objects; they should not move, jar, or touch the object or
anything attached thereto. If any suspicious device is found, the Senior University Police Official
on the scene should be contacted immediately.
(e) If the building has been ordered evacuated, all search procedures should be discontinued 15
minutes prior to the time of the threatened detonation and not resumed until 30 minutes thereafter.
(f) The Senior University Police Official will determine when the building is to be reopened.
After reentry occupants of assigned areas should be alert for unusual objects and report
immediately if such an item is found.
(6) Reassignment of Space for Disrupted Classes. The Registrar will assist in every way possible in
relocating classes which are evacuated because of bomb threats. Should some faculty feel their needs
are unique, they may call the Registrar no earlier than one week prior to an exam, and an attempt will
be made to secure some alternate space, on a space available basis. At the actual time of the bomb
threat, calls may be made directly to the University Police for information and possible relocation.
Every effort will be made to provide for classes and those involved in final exams shall be given
priority wherever possible. The Registrar would appreciate being notified of any scheduled
classrooms not being used during the final week of the quarter.
History: Adopted as NCF policy 6-002 on 4-27-02. Renumbered 6-29-10.
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3-6004 [6-005] Transportation of Medical Emergencies
To provide assistance to individuals who sustain injury on College property or in College facilities,
and who may need transportation to off-campus medical facilities.
(1) Major Injuries. Persons who are identified as having sustained major injuries (unconscious or not
ambulatory, i.e., unable to walk) shall be transported by ambulance to the nearest hospital.
(2) Minor Injuries. In the event a person sustains minor injuries and retains rational consciousness
and is ambulatory (able to walk), the mode of transportation shall be left to their discretion, i.e. call
EMS, a taxi, friend, or transport self.
(3) Reporting Procedures. In the event a person(s) sustains a major injury, those present on the scene
shall immediately call the University Police who shall provide emergency first aid, secure the area,
and arrange for the appropriate transportation in accordance with (1) and (2) above. The College
extension to call is 4210.
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3-6005 Possession of Firearms and Weapons on NCF Property
In order to maintain the peace and protect public safety at NCF, it is necessary to establish NCF’s policy
with regard to possession of firearms and weapons on NCF property. This regulation applies to all
students, faculty, staff, invitees and guests of NCF and constitutes NCF’s express waiver of the provision
of section 790.115(2)(a)3, which allows the possession of firearms and weapons in a vehicle pursuant to
section 790.25(5), Florida Statutes.
(1) The possession of firearms, fireworks of any description, explosives, chemical weapons, or any
lethal weapon other than a common pocket knife is prohibited on NCF property or property under the
control of NCF. Personal chemical protection devices with 10% or less active ingredients are exempt
from this rule.
(2) Sworn peace officers who are required by their employment to be armed, and are in uniform, are
exempt from this regulation.
(3) Pursuant to section 790.06(12), Florida Statutes, persons possessing concealed weapon permits are
not exempt from this regulation and may not possess a firearm or other weapon on NCF property,
except as permitted by section 790.06(12), Florida Statutes.
(4) Any student or employee found to be in violation of this regulation shall be subject to discipline
under NCF policies and/or prosecution under section 790.06(12), Florida Statutes. Any other person
found to be in violation of this policy shall be subject to arrest and prosecution under section
790.06(12), Florida Statutes.
Approved as Policy 6-017 on 4-27-02. Renumbered with approval of table of contents 6-29-10. Revised
9-11-10, 11-4-11.
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3-6006 Bicycles.
In the State of Florida, the bicycle is legally defined as a vehicle. Bicyclists have the same rights to the
roadways as automobiles, and must obey the same traffic laws as the operators of other vehicles. These
laws, describe below, apply on the NCF campus, and are enforceable by the NCF Police Department.
(1) Moving regulations for bicyclists. The following regulations are legislated through section
(a) A bicyclist must obey all traffic controls and signals.
(b) A bicyclist must use a fixed, regular seat for riding.
(c) No bicycle may be used to carry more persons at one time than the number for which it is
designed or equipped. An adult bicyclist may carry a child in a backpack while bicycling.
(d) At least one hand must be kept on the handlebars while riding.
(e) Parents and guardians must not knowingly allow a child or minor ward to violate any
provision of this section.
(f) Every bicycle must be equipped with brakes that allow the rider to stop within 25 feet from a
speed of 10 miles per hour on dry, level, and clean pavement.
(g) When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a
pedestrian.
(h) A bicyclist riding on sidewalks or in crosswalks must yield the right of way to pedestrians and
must give an audible signal before passing.
(i) A bicycle operated between sunset and sunrise must be equipped with a white lamp on the
front visible from 500 feet and both a red reflector and a red lamp on the rear visible from 600
feet to the rear. Additional lighting is permitted and recommended.
(j) A bicyclist must ride at the right hand curb or edge of the roadway except when making a left
turn, when reasonably necessary to avoid a hazard, or when a lane is too narrow for a bicycle and
a car to share it safely.
(k) Bicyclists must ride no more than two abreast except on bicycle paths or parts of roadways set
aside for the exclusive use of bicycles.
(l) A bicyclist may dismount and walk through an intersection in the crosswalk as a pedestrian.
(2) Signaling.
(a) According to section 316.151 (1) (b)(c) Florida Statutes, a bicyclist intending to make a left
turn is entitled to full use of the lane from which the turn is made. After scanning, signaling, and
moving to the right portion of that lane, the bicyclist must check the traffic signal, then proceed
when it is safe to do so.
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(b) In addition to the normal left turn, a bicyclist may proceed through the right-most portion of
the intersection and turn as close to the curb or edge as possible at the far side. After complying
with any official traffic control device the bicyclist may proceed in the new direction of travel.
(c) According to section 316.155(2) and 316.157(2) Florida Statutes, a turn signal must be given
during the last 100 feet traveled by the vehicle before turning. If a bicyclist needs both hands for
control, the signal need not be given continuously.
(d) A bicyclist may signal intent or turn right either by extending the left hand and arm upward or
by extending the right hand and arm horizontally to the right side of the bicycle.
(3) Headsets. According to section 316.304, Florida Statutes, a bicyclist may not wear a headset,
headphone, or other listening device other than a hearing aid when riding. Wearing a headset blocks
out important audio cues needed to detect the presence of other traffic.
(4) Civil Penalties. Since bicycles are considered motor vehicles, the following actions may result in
fines that are the same as those assessed for traffic violations according to section 318.18 (1), (2) &
(3), Florida Statutes.:
(a) Moving violations, such as disregarding a traffic control device, running a stop sign, riding
against traffic, or traveling the wrong way on a one way street
(b) Non-Moving violations, such as riding or driving while wearing a headset
(c) Violation of Laws Specific to Bicycles, such as failure to use required lighting equipment at
night, failure to have at least one hand on the handlebars, or failure to have working brakes
(d) Violation of Florida’s Bicycle Helmet Law which requires children 16 years of age or
younger to wear a bicycle helmet while riding a bicycle
(5) Local Ordinances. Local governments may adopt ordinances regulating bicycle riding. Some
areas may also have registration and licensing requirements. Sidewalk riding may be prohibited
entirely or limited to certain areas. Local law enforcement agencies can provide copies of any such
local ordinances.
(6) Bicycle Parking
(a) Bicycles should only be parked in designated bicycle parking areas on campus. NCF Police
have the authority to issue citations and remove illegally parked bikes.
(b) Parking in the following areas may result in the impoundment of your bicycle and the
assessment of a fine:
1. Parking on the sidewalks
2. Parking in service drives or roadways
3. Parking obstructing an entrance, exit, ramp, or breezeway
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4. Parking within an NCF building
5. Parking in an area designated for motor vehicles
6. Leaving bicycles on campus over summer break
(c) Parking a bicycle on a sidewalk, walking surfaces, chaining to a hand rail, or other
unapproved area impedes pedestrian traffic and may be in violation of State Fire Codes or
Accessibility Codes under the Americans with Disabilities Act (ADA).
(d) Bikes found unsecured in suspicious locations on campus may be impounded for safe keeping
by the NCF Police until the owner can be identified. All bikes impounded by the Campus Police
for safe keeping will also be required to be registered at no charge before they are returned to the
owner.
(e) Owners of bicycles impounded for violations must pay the appropriate fine and register the
impounded bike at no charge before it will be released.
(f) All bikes left on campus after the end of the school year will be impounded as abandoned
property. NCF and its agents are not responsible for cut locks or other damage resulting from the
removal of illegally parked bicycles.
History: New 9-11-10; revised 9-10-11
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3-6007 Access to Campus and Trespass Warnings
The President, as chief executive officer of the College, is responsible for the safe operation and
administration of the College. The President, or authorized personnel designated by the President, may
issue trespass warnings as set forth herein.
(1) Definitions.
(a) College personnel: Currently enrolled students, faculty, staff, or other employees or Board of
Trustee members of the College or the Foundation; volunteers, agents, and persons fulfilling
contractual obligations.
(b) Nonaffiliated persons: All other persons who are not defined as College personnel.
(c) College officials: College employees responsible for the control, supervision or operation of a
building, classroom or College property.
(d) Authorized College business: Activity which furthers the mission and purpose of the College
and business that has been approved by the appropriate College officials.
(e) President’s designated personnel: For the purpose of issuing trespassing warnings, any
Campus Police Officer may issue such. The Provost, Vice President, Deans, Division Chairs and
Department Directors may request the Campus Police to consider issuing a trespass warning.
(f) Trespass warning: A written warning that a person is not authorized to be on College property,
or a portion thereof, and may be subject to arrest without further warning if he or she refuses to
leave the property or returns at any time in the future. Trespass warnings remain in full force and
effect unless revoked by the appeal or reconsideration process delineated herein.
(g) College property: All locations, buildings and grounds managed by the College.
(h) Public areas: College facilities that are generally open or accessible to the public during
normal business or operational hours; including, but not limited to: the library, food and vending
areas open to the public, bookstore/retail areas and campus grounds, except in the immediate area
of residence halls or unless otherwise restricted. The Bayfront and seawall area is open to the
public from sunrise to one-half hour after sunset, unless otherwise posted.
(i) Non public areas: Classrooms, laboratories, offices, auditoriums, theaters, athletic fields and
facilities, residence halls, and other areas within buildings and grounds of the College that are not
normally open to the public unless there is an event to which the public is invited, or the
nonaffiliated person is an authorized guest of College personnel.
(2) Campus access.
(a) Nonaffiliated persons are permitted access to the public areas of the College only during
normal College business hours or the operating hours of the public area facility. Non-affiliated
persons are permitted in offices or administrative and instructional areas of the College only when
accompanied by College personnel as guest, or to conduct official College business. Nonaffiliated
persons are strictly prohibited from being in student residential areas unless providing authorized
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contractual vendor services, or as the authorized guest of a student in accordance with Residential
Life visitation and guest policies. Nonaffiliated persons are otherwise not allowed on College
property except as authorized by this regulation. Identification may be requested for access to any
of the aforementioned facilities.
(b) College personnel may access all College property that is open and available for authorized
activities or business. Non-student College personnel members should not be in campus student
residential areas unless they are performing authorized duties or are the guest of a residential
student in a manner consistent with current Residential Life policies. Identification may be
requested to ascertain authorization for access.
(c) Under administrative sanction, College personnel may have their access to certain areas of
campus restricted. Violation of these restrictions may result in further sanctions consistent with
applicable disciplinary procedures or other College regulations or policies.
(d) Alumnae/i (“alumni”) of the College are an integral part of campus life. The College
provides for special access to campus for alumni, in addition to that provided to the general
public. This special access is governed by campus visitation/access guidelines established by the
New College Alumnae/i Association (NCAA) and endorsed by the College’s administration.
Alumni should contact the NCAA office regarding these special guidelines.
(3) Enforcement.
(a) Any person who, in the opinion of College officials is violating or has violated any law,
College regulation, or policy; including as applicable, the Student Code of Conduct or employee
standards and disciplinary procedures, is creating a disturbance, acting in a threatening manner, or
creating an atmosphere not conducive to use of facilities by others, or otherwise found in an area
at a time that causes concern for the safety of persons or property, may be immediately reported
to Campus Police or may be directed to leave College property by the College official. In the
event the person does not leave as requested, Campus Police may respond to provide a verbal
warning and/or issue a trespass warning. Pursuant to Florida Statutes, Campus Police jurisdiction
is within 1000 feet from any portion of College property, and Campus Police may issue warnings
against future trespass on College property to those meeting the above criteria within that
jurisdiction.
(4) Appeals Process.
(a) Individuals who have been warned not to trespass on College property and wish to have the
warning lifted must first appeal to the Campus Police Chief. The appeal may be made in writing,
via email, telephonically during normal business hours, or in person by appointment. In the
appeal, the individual should explain why the trespass was unwarranted at the time of issuance or
is no longer warranted. The Campus Police Chief will review all appeals and reply to appellants
in writing in a timely fashion. If the warning is revoked, the Chief will ensure that the lifting of
the warning has been properly documented in the Campus Police records system.
(b) Should the Campus Police Chief decline to revoke the warning, the appellant may then appeal
to a Trespass Appeals Board appointed by the President. The Board will be composed of at least
three and no more than five appointees, including one student. The student appointee will be
selected from a list provided to the President by the Student Alliance. This appeals board has the
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authority to revoke, amend, or leave in place the trespass warning. The appeals board decision is
final and will be communicated in writing to the appellant and the Campus Police Chief. Should
the appeals board decide to revoke or amend an appellant’s trespass warning, the Campus Police
Chief will take appropriate action to document such in the Campus Police records system.
(5) Reconsideration: Unless revoked by the aforementioned appeals process, or the person warned is
permitted by College officials to become a student or employee of the College, trespass warnings
shall remain in full force and effect and may only be lifted or revoked after reconsideration by the
Trespass Appeals Board. Requests for reconsideration of revocation may only be made annually. The
passing of time, in and of itself, shall not serve as a basis for lifting the trespass warning. The lifting
of the warning shall be based upon the totality of circumstances alone.
(6) Nothing in this regulation shall be interpreted to preclude or diminish the exercise of statutory
authority by the Campus Police to arrest in accordance with state law any person for violation of state
law or applicable county or city ordinance when such violations occur on any property or facilities
which are under their jurisdiction.
(7) It is not the intent of the College, nor does the College create any additional rights by the
implementation of this Regulation or any changes thereto, that are not otherwise available by law.
History: Adopted as new regulation 6-18-11.
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3-6101 NCF Police Department.
(1) Pursuant to section 1012.97, Florida Statutes, the NCF Police Department has been established to
provide general police services to New College of Florida and, by agreement, to the University of
South Florida Sarasota-Manatee Regional Branch Campus, including protection of their population,
buildings, grounds and equipment, and the maintenance of peace and order within the
college/university community, and at their functions. The NCF Police Department is authorized to
enforce the laws of the State of Florida, the ordinances of the City of Sarasota and Sarasota County,
and the rules and policies of New College of Florida and the University of South Florida SarasotaManatee, as appropriate, including all traffic and parking rules and regulations.
2) NCF police are law enforcement officers of the State of Florida. They shall meet the minimum
standards established by the Criminal Justice Standards and Training Commission, chapter 943,
Florida Statutes., and the rules and regulations promulgated there under, and any other criteria
established by state law or rule or by the terms of any applicable collective bargaining agreements.
Approved as Policy 6-018 on 4-27-02. Renumbered and revised on 9-11-10.
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CHAPTER 4 - Academic Affairs
4-1001 Student Registration
(1) Assessment of Tuition and Fees. Tuition and fees shall be assessed in accordance with State of
Florida Board of Education Rule Chapter 6C-7, F.A.C.
(a) Registration Procedures – In order to register:
1. The student must supply all information and satisfy all conditions of eligibility required by
New College of Florida.
2. The student must pay all assessed tuition and fees or arrange payment agreement to
include satisfaction of all amounts due and delinquent to the College.
(b) Registration Periods – These periods are defined in the New College of Florida Catalog and
other College publications. A student who initiates registration after an applicable registration
period shall incur a $100.00 late registration fee. Registration may be initiated, on an exceptional
basis, after the end of a late registration period if:
and
3. Approved by the President or President's designee.
(c) Educational Contract Submission Period – The Educational Contract Submission Period shall
begin on the first day of classes for the term and end as specified in the College catalog, but not
later than the tenth day of classes. An educational contract may be accepted on an exceptional
basis after the end of the Educational Contract Submission Period if:
and
3. Approved by the President or President’s designee.
(d) Tuition and Fee Liability –
1. Tuition and fees for the term shall be based on the educational contract and dependent
study projects remaining on the record at the close of the Educational Contract Submission
Period.
2. No tuition and fees shall be assessed, and no credit shall be awarded, for an educational
contract or independent study project dropped during the Educational Contract Submission
Period.
NCF Regulations Manual, Chapter 4 - Academic Affairs
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3. If a student adds an independent study project on an exceptional basis, tuition and fees for
the added independent study project shall be assessed.
(2) Payment of Tuition and Fees. Tuition and fees must be paid by the close of the late registration
period to avoid assessment of a $50.00 late payment fee unless appropriate arrangements for payment
of tuition and fees have been made in accordance with subsections (3) and (4) of this policy, i.e.,
installment payment and deferment respectively. Failure to satisfy this requirement will result in
cancellation of the educational contract and independent study project. Payment of tuition and fees
may be made in person during scheduled office hours published in the New College of Florida
Catalog and other College publications for each term. Payments that are made by mail must be
postmarked by a U.S. Post Office by the respective tuition payment deadline listed in the Academic
Calendar in order to be considered timely paid.
(3) Payment of Tuition and Fees in Installments. When a student experiences an unexpected financial
hardship that makes it impossible to make full payment of assessed tuition and fees by the payment
deadline, the student may request approval to pay in installments. Approval of this request will
require the payment of at least 50% of the tuition and fee liability and the execution if a promissory
note by the end of the late registration period. The remaining amount shall be paid no later than the
beginning of the second half of the academic term.
(4) Deferred Payment of Tuition and Fees.
(a) Recipients of VA Benefits – Upon application by the student, the President or President’s
designee may award to eligible VA benefit recipients one 60-day payment deferment each
academic year.
(b) Delay of Financial Aid – Students who have completed and submitted the required documents
for financial aid by the last day of the late registration period for the term and who appear to be
eligible for financial aid, may request a tuition and fees deferment contract.
(c) Third Party Agreements – Tuition and fees will be deferred for any student when a third party
has agreed in writing to pay them. The written agreement must identify the student, the third
party and billing address and amount(s) to be paid.
(5) Reinstatement of a Student’s Cancelled Educational Contract or Independent Study Project. A
student whose educational contract or independent study project has been cancelled for financial
reasons may request reinstatement through the fourth week of classes. Upon approval for
reinstatement, tuition and fees, the late registration fee, if applicable, the late payment fee and other
debts owed the College must be paid in full by cash, money order, or cashier’s check before
reinstatement will be effected. After the fourth week of classes, a request for reinstatement must be
made to the Registrar. Approval will be granted only when extraordinary circumstances warrant such
approval.
(6) Refund of Tuition and Fee Payment. The College authorizes certain refunds of tuition and fees,
less deductions for unpaid debts to the College. The late registration fee and late payment fee are nonrefundable fees.
(a) 100% of the applicable tuition and fees will be refunded if the student cancels an educational
contract or drops an independent study project or causes his/her enrollment at the College to be
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terminated by the Registrar’s Office prior to the end of the late registration period and submits a
completed Refund Request Form.
(b) 25% of tuition and fees, less building and capital improvement fees, will be refunded if the
student cancels an educational contract or drops an independent study project or causes his/her
enrollment at the College to be terminated by the Registrar’s Office prior to the end of the fourth
week of classes, or at an appropriate time as designated by the College for summer sessions, and
submits a completed refund request.
(c) 100% of tuition and fees will be refunded when a student withdraws or cancels an educational
contract or drops an independent study project due to circumstances determined by the
Registrar’s Office to be exceptional and beyond the control of the student. Determination will be
based on review of a completed written refund request submitted by the student to the Registrar’s
Office. These circumstances include but are not limited to:
1. Illness of a student of such severity or duration, as confirmed in writing by a physician, to
preclude completion of the course(s),
2. Death of the student or death in the immediate family (parent, spouse, child, or sibling),
3. Involuntary call to active military duty, or
4. A situation in which the College is in error.
(d) Written request for refund must be presented to the Registrar within six (6) months of the
close of the term to which the refund is applicable.
(e) Pursuant to Public Law 102-325, the Higher Education Amendments of 1992, students
attending the College for the first time who withdraw are entitled to a pro rata refund of tuition,
fees, room and board.
(f) A student, who receives financial aid and subsequently changes the enrollment status that
results in a refund in accordance with this section, will have the appropriate share of the refund
returned to the College’s financial aid programs in accordance with the Financial Aid Policy on
Refunds and Repayments.
(7) Cancellation of Registration for Nonpayment of Tuition and Fees and Returned Checks in
Payment of Tuition and Fees. Reasons for Cancellation:
(a) Current Term – A student’s current term registration may be cancelled for nonpayment of
tuition and fees and for returned checks in payment of tuition and fees, if financial aid or VA
benefits were not received for the term.
(b) The Registrar will attempt to notify students by certified mail of possible registration
cancellation for nonpayment of tuition and fees and for returned checks in payment of tuition and
fees. This notification must include the specific reason for proposed cancellation and the deadline
for payment before cancellation will be made. In addition, the notice of possible
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cancellation must inform the student that cancellation of registration will result in his/her record
appearing as if he/she had never attended the College during that term and that he/she will
receive no credit for the educational activities engaged in during that term. Notice should be sent
to the student’s last known address. Students will also be placed on pending for future
registrations, transcripts, diplomas, etc. until the Registrar’s office has completed the
cancellation.
Specific Authority 1001.74 FS. Law Implemented 1001.74, 1010.03 FS. History–New 1-28-04. Deemed as
regulation by BOG on March 24, 2005.
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4-1002 [5-012, 5-013] NCF Identification Card
[5-012] Issuance of New College of Florida Identification Card – Faculty/Staff
This policy concerns the issuance of official NEW COLLEGE OF FLORIDA identification cards
(NCFCard) to all College employees and establishes the fee for issuance and replacement of the card.
(1) It is the policy of the New College of Florida that all Faculty, Administrative and Professional
(A&P), and University Support Personnel System (USPS) personnel must obtain and carry the
NCFCard while on campus. Courtesy cards are available upon request to temporary NEW COLLEGE
OF FLORIDA employees, volunteers, and staff members of College related entities. Retired USF
employees are entitled to a retiree card.
(2) The NCFCard is primarily used for identification, for verification of New College of Florida
status, and for using College services, such as the Library, the purchase of parking decals, obtaining
passes for College events and services.
(3) Six types of identification cards are available:
(a) Faculty cards.
(b) Staff cards for:
1. A & P employees;
2. USPS employees; and
3. Housestaff (Medical Resident-Health Sciences) employees appointed on a permanent
basis.
(c) Courtesy cards for:
1. OPS employees;
2. temporary, emergency, and substitute USPS employees;
3. adjunct faculty;
4. volunteers; and
5. members of the Board of Trustees.
(d) Retired New College of Florida faculty and staff
(e) Alumna
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(f) Family cards are issued to permanent faculty, staff and College retired employees upon
request. All privileges extended to the family are discontinued when the employee severs working
relations with the College.
(4) Procedures for Obtaining an NCFCard
(a) NCFCards may be obtained at the NCFCard Center.
(b) Legal identification (passport, driver's license, or State/Government Photo Identification card)
must be presented to obtain a NCFCard.
(c) For the issuance of a family card, the employee (with his/hers NCFCard) must accompany the
family member(s), who must also provide legal identification.
(d) Individuals qualified to receive a courtesy card, who are not in the College personnel data
base, must present a letter from their sponsoring institution or entity.
(e) Alumni must present proof of alumni status.
(5) Cardholder Responsibilities
(a) Use of the NCFCard by anyone other than the person to whom it was issued is strictly
prohibited.
(b) The cardholder is subject to disciplinary actions or other penalties for improper use of the
card.
(c) The cardholder is responsible for any and all losses associated with his/her card.
(6) Fees and Options
(a) Fees for issuance of the first and replacement cards shall be in accordance with BOE Rule 6C7.003(14).
(b) The first NCFCard for retired Faculty/Staff will be provided at no cost.
(c) Refer to the current fee schedule for cost of each additional family member card.
(d) Status changes are the same as "first" cards.
(7) NCFCard File Access
(a) Departmental users must coordinate with the NCFCard Office before implementing card
applications.
(b) Departmental users must file procedures with the NCFCard Office.
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(8) Disclosure Statement: NCFCards are the property of the New College of Florida and must be
returned on request.
[5-013] Issuance of New College of Florida Identification Card – Students
This policy concerns the issuance of official NEW COLLEGE OF FLORIDA identification cards
(NCFCard) to all College students and establishes the fee, in accordance with BOE Rule 6C-7.003(14),
for issuance and replacement of the NCFCard.
(1) It is the policy of the New College of Florida that all students must obtain and carry the NCFCard
while on campus.
(2) The NCFCard is primarily used for identification, for verification of New College of Florida
status, and for using College services, such as the Library, the purchase of parking decals, obtaining
passes for College sporting and theatrical events, and other related events/services.
(3) Two types of cards are available:
(a) Student cards; and
(b) Family cards, issued upon request.
(4) Procedures for Obtaining an NCFCard
(a) NCFCards may be obtained at the NCFCard Center on each campus.
(b) Legal Identification (passport, driver's license, or State/ Government Photo Identification
card) must be presented to obtain a NCFCard.
(c) For the issuance of a family card, the student (with their NCFCard) must accompany the
family member(s) who must also provide legal identification. All privileges extended to the
family(s) are discontinued when the Sponsor is no longer a student.
(5) Cardholder Responsibilities
(a) Use of the NCFCard by anyone other than the person to whom it was issued is strictly
prohibited.
(b) The cardholder is responsible for any and all losses associated with their card.
(6) Fees and Options
(a) Fees for issuance of the first and replacement cards in accordance with Board of Education
Rule 6C-7.003(14).
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(b) Refer to the fee schedule for costs of each additional family member card.
(C) Financial services, long distance telephone services, and other features are options available
at the user's discretion.
(7) Disclosure Statement: NCFCards are the property of the New College of Florida and must be
returned on request.
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4-1003 [10-007] Academic Records from Other Institutions
In order for the College to evaluate the academic performance of degree-seeking students in an equitable
manner, the College must have complete post-secondary academic records for each student.
(1) Undergraduate and graduate degree-seeking students are responsible for ensuring that the College
receives complete official transcripts of all academic work they have taken at other post-secondary
institutions. This policy applies to all post-secondary academic work taken prior to New College of
Florida entry/re-entry as a degree-seeking student; likewise, it applies to all post-secondary academic
work taken between the time of entry/re-entry as a degree-seeking student and the time of application
for a New College of Florida degree. The policy includes academic work taken by a continuing
degree-seeking students as cross-enrollees or transients at other institutions, whether or not the
students have filed cross-enrollment or transient student forms with New College of Florida.
Continuing degree-seeking students who register for academic work at another institution must
ensure that New College of Florida receives official transcripts of this work within 60 days of the end
of the term in which it was taken.
Failure to comply with this policy may result in the retroactive denial of admission to the College
and/or the invalidation of credits or degrees earned.
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4-2003 Textbook Adoption
Pursuant to Florida Board of Governors Regulation 8.003, this regulation is promulgated to minimize the
cost of textbooks to students while supporting a high quality of instruction and academic freedom.
(1) Instructors shall adopt textbooks for their classes by sending completed Textbook Adoption/Order
Forms to the Division Chair or his/her designee at least 45 calendar days prior to the first day of class.
The Division Chair or his/her designee will submit these orders to the bookstore as soon as they are
received.
(2) Any request for an exception to the deadline in (1) of this regulation shall be submitted by the
instructor in writing to the appropriate Division Chair or his/her designee prior to the deadline and
shall provide a reasonable justification.
(3) For courses which are added after the deadline in (1), the course instructor shall submit completed
Textbook Adoption/Order Forms to the appropriate Division Chair (or his/her designee) as soon as is
feasible. For the purposes of this regulation, neither tutorials nor Independent Study Projects (ISPs)
are considered courses.
(4) On the Textbook Adoption/Order Form, instructors shall:
(a) Certify that all instructional items sold as part of a bundled package will be used;
(b) Determine the extent to which a new edition differs significantly and substantively from earlier
versions, and explain the value of changing to the new edition. If a new edition cannot be justified,
the course instructor should request the old edition.
(c) Indicate that no textbooks are required for the course if none are to be ordered.
(5) A list of required textbooks for each course offering for the upcoming term shall be posted on the
College’s website no later than thirty (30) days prior to the first day of classes for each term. For
classes added after the notification deadline, or when an extension is granted, textbook information
shall be posted immediately as such information becomes available. The posted list shall include the
following information for each required textbook:
(a) The International Standard Book Number (ISBN); or
(b) Other identifying information:
1. Author(s);
2. Publisher(s);
3. Edition number;
4. Copyright date;
5. Other information necessary to identify the specific textbook required.
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(6) The Director of Financial Aid or his/her designee shall publish on the College web site its
procedure for the Book Advance program, which makes required textbooks available to students who
otherwise cannot afford the costs prior to receipt of their financial aid distribution. Students eligible
for this financial aid are notified as well via their award letter. See 5-1005(4)(h).
(7) No employee of the College may demand or receive any payment, loan, subscription, advance,
deposit of money, service, or anything of value, present or promised, in exchange for requiring
students to purchase a specific textbook for coursework or instruction, except in the cases listed in (8)
below.
(8) An employee may receive, subject to the requirements of the Florida Code of Ethics for Public
Officers and Employees and the outside activity and conflict of interest requirements set forth in
College regulations, policies and collective bargaining agreements, the following:
(a) Sample copies, instructor copies, or instructional materials. These materials may not be sold for
any type of compensation if they are specifically marked as free samples not for resale.
(b) Royalties or other compensation from sales of textbooks that include the instructor’s own
writing or work.
(c) Honoraria for academic peer review of course materials.
(d) Fees associated with activities such as reviewing, critiquing, or preparing support materials for
textbooks.
(e) Training in the use of course materials and learning technologies.
History: New 11-7-09.
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4-2004 [10-008] Observance of Religious Holy Days by Students
In accordance with § 1006.53 Florida Statutes and BOE Rule 6C-6.0115, the College has established the
following policy regarding religious observances.
(1) All students, faculty, and staff at the College have a right to expect that the College will
reasonably accommodate their religious observances, practices and beliefs.
Students are expected to attend classes and take examinations as determined by the College. The
College will, at the beginning of each academic term, provide written notice of the class schedule and
formal examination periods.
The College, through its faculty, will make every attempt to schedule required classes and
examinations in view of customarily observed religious holidays of those religious groups or
communities comprising the College's constituency. No student shall be compelled to attend class or
sit for an examination at a day or time prohibited by his or her religious belief. Students are expected
to notify their instructors if they intend to be absent for a class or announced examination, in
accordance with this policy, prior to the scheduled meeting. Students absent for religious reasons will
be given reasonable opportunities to make up any work missed. In the event that a student is absent
for religious reasons on a day when the instructor collects work for purposes of grading (homework,
pop quiz, etc.), the student shall be given a reasonable opportunity to make up such work or shall not
have that work averaged into the student's grade at the discretion of the instructor.
Any student who believes that he or she has been treated unfairly with regard to the above may seek
review of a complaint through established College grievance procedures.
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4-4001 [10-006] Student Exchange Programs
The purpose of this policy is to set forth the policies governing the student exchange programs as outlined
in Florida Statutes § 240.227(24).
(1) There are two exchange programs for students.
(a) Plan A. The out-going College student pays to the College a fee which covers the cost of
his/her full time registration while on exchange. Full time registration is calculated as 2 credits
minus health fees plus 10 credits minus bond and trust fees. The former is used to pay for actual
course registration, while the latter goes to the College miscellaneous account. The student id also
charged an amount sufficient to cover the cost of a double room and a 20 meal plan for the
incoming exchange student as well as for administrative costs involved in running the overall
international student exchange program. In this plan, the College student does not pay for
registration, room, or meal plan to the other institution while on exchange. Likewise, visiting
students will pay fees to his/her home institution but will not pay for registration, room, or meal
plan to the College. Registration fees for those students are waived, and the College pays the
Division of Housing and Food Services for the room and meal plan from the funds paid by the
outgoing students.
(b) Plan B. The out-going student pays the same registration and administrative costs as outlined
above but pays for housing and meal plan at the exchange school. The visiting student does not
pay for registration fees here since they are waived but does pay for his/her room and meal plan.
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(a) Purpose. The purpose of this regulation is to protect the computing resources and mobile
computing, communications and data storage devices of the College by authorizing the College’s
Information Technologies Department to adopt operating standards and procedures with the
approval of the President. This regulation applies to all College and department microcomputers,
mobile computing, communications and data storage devices and includes the hardware,
software, and College data used with these devices.
(b) Scope. Protecting the College’s ability to conduct its business extends beyond basic
procedures for handling, storing and disposing of information. This regulation relates to the
College’s Information Technologies Department, and steps that it will take to protect computing
resources.
Advances in technology have enabled the implementation of a substantial number of desktop and
laptop computer-based application systems by the College. In some cases, these applications
have become critical to the operation of the College. It is essential, therefore, that adequate
measures be used to protect the integrity and reliability of those computing systems and the
College data they process. Each department must cooperate in ensuring a level of protection not
only appropriate for the computers, and mobile computing, communication and data storage
devices in its own environment but also with regard to the level of protection used for the larger
campus networks of which they may be a part.
New College acquires, develops, and maintains software, computers, computer systems, and
networks for College-related purposes as part of its infrastructure. The College's computing
resources and infrastructure are made available to users in support of the College's instructional,
research, community service missions, its administrative functions, its student and campus life
activities and to promote the free exchange of ideas among members of the College community
and between the College community and the wider local, national, and international
communities. This regulation governs the use of New College computing resources and
infrastructure and applies to all users of the College's computing resources and infrastructure,
whether or not affiliated with the College, and also to all uses of those resources, whether from
on campus or from remote locations. Users of these resources and infrastructure are responsible
for reading and understanding this regulation.
(2) Definitions. As used herein, the following terms shall have the indicated definition.
(a) “Data” shall mean a collection of organized information, usually the results of experience,
observation or experiment, or a set of premises. This may consist of numbers, words, or images,
particularly as measurements or observations of a set of variables.
(b) “Mobile Communications Device” shall mean cellular telephones, smart phones, and mobile
computing devices equipped with wireless or wired communication capability.
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(c) “Mobile Computing Device” shall mean laptop computers, tablet PCs, personal digital
assistants, and similar mobile electronic devices that are capable of storing, processing,
displaying, and communicating data.
(d) “Mobile Data Storage Device” shall mean USB storage devices, floppy disks, CD-ROMs,
DVDs, mobile music players, and any other mobile electronic device or medium that is capable
of storing data.
(3) Adoption of Operating Standards and Procedures. The College Information Technologies
Department (IT) shall be responsible for establishing, maintaining and deploying appropriate
operating standards and procedures College-wide to protect the computing resources under its control
including but not limited to computer software, desktop computers; and mobile computing,
communications and data storage devices. Standards and procedures shall be adopted with the
approval of the President, and address the following areas:
(a) Data Security. This includes defining user responsibilities to protect and safeguard user
identifications and passwords, providing the means by which employees can remotely access
sensitive or confidential resources from insecure networks such as wireless and public internet
service providers. In addition, the disposition of College computing resources in the possession
of terminating employees shall be addressed. Standards and procedures shall be developed,
established and maintained for the protection of confidential data against unauthorized access,
regardless of form, computing environment or location. This shall include the use of mobile
computing, communications or data storage devices to store sensitive or confidential data as well
as the management of data residing on the hard drives of any equipment that is transferred or
surplused.
(b) Risk Management and Equipment Protection. This includes reducing the risk of physical
loss, damage or theft to campus-based computer equipment and components, and mobile
computing, communications and data storage devices. Standards and procedures shall also be
established to control access to the data network, as needed, to prevent unauthorized access to
networks, computers and data and to minimize intrusions and network attacks by various types of
malware including, but not limited to, viruses; zombies and BOTs.
(c) Software Integrity. This includes managing computer application software and ensuring that
any software installed on College equipment has been legally obtained.
(d) Business Continuity Planning. This includes ensuring that each division, unit or department
is prepared for the restoration and continuation of critical services in the event of a significant
disruption of normal computer operations.
(e) Training. This includes defining training requirements for employees in the proper use and
protection of desktop and mobile computer resources. These requirements shall also address
provision and availability of appropriate hardware and software reference materials for
employees.
(4) Accountability. Deans, Directors and Department Heads, and Division Chairs shall be
responsible for ensuring that operating procedures established in accordance with this regulation are
adhered to within their respective areas.
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(5) Communicating Technology Operating Standards and Procedures. The Information
Technologies Department will be responsible for posting and maintaining all relevant information
technology operating procedures on the NCF web pages.
History: Adopted as NCF policy 0-501 on 4-27-02. Adopted as regulation 9-13-08. Renumbered 6-29-10.
Renumber 11-16-10.
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4-5002 Information Technology Acceptable Use
(a) The purpose of this regulation is to establish and promote the ethical, legal, and secure use of
computing and electronic communications for New College of Florida.
(b) New College acquires, develops, and maintains software, computers, computer systems, and
networks for College-related purposes as part of its infrastructure. The College's computing
resources and infrastructure are made available to users in support of the College's instructional,
research, community service missions, its administrative functions, its student and campus life
activities and to promote the free exchange of ideas among members of the College community
and between the College community and the wider local, national, and international
communities. This regulation governs the use of New College computing resources and
infrastructure and applies to all users of the College's computing resources and infrastructure,
whether or not affiliated with the College, and also to all uses of those resources, whether from
on campus or from remote locations. Users of these resources and infrastructure are responsible
for reading and understanding this regulation.
(2) Rights & Responsibilities. The College is committed to intellectual and academic freedom, the
diversity of values and perspectives inherent in an academic institution, and to applying those
freedoms to the use of its computing resources and infrastructure. However, as with any other
College-furnished resource, the use of its computing resources and infrastructure is subject to the
normal requirements of legal and ethical behavior within the College Community. Thus, the
legitimate use of these resources does not extend to whatever is technically possible. Although some
limitations may be built into computer operating systems, software, or networks, those limitations are
not the sole restrictions on what is permissible. Users must abide by all applicable restrictions,
whether or not built into the operating systems, software, or networks and whether or not they are
capable of being circumvented by technical means.
(3) Basic Requirements. All users must comply with all applicable local, state, federal and foreign
laws, all generally applicable College rules, policies, procedures and all applicable contracts and
licenses. These include, but are not limited to, laws on libel, privacy, copyright, trademark,
obscenity, Sexual Harassment Policy, and child pornography; the Florida Computer Crimes Act (Ch.
815, Florida Statutes), the Florida Security of Communications Statute (Ch.934, Florida Statutes),
the Electronic Communications Privacy Act (18 U.S.C. §§ 2510 et seq.), and the Computer Fraud and
Abuse Act (18 U.S.C. §1030 et seq.) [which prohibit unauthorized access to computers or networks,
or disruption of others' use thereof]; the College Student Code of Conduct and all applicable software
licenses. Users who interact with others in different states or countries should also be aware that they
may also be subject to the laws of those other states or countries, as well as the rules and policies
applicable to other systems or networks.
(4) Restrictions on Use. Users may use only those computing resources which they are authorized to
use, and use them only in the manner and to the extent authorized. Users must respect the privacy of
other users and their accounts, regardless of whether those accounts are securely protected. The
ability to access computing resources, at the College or elsewhere, does not necessarily imply
authorization to do so. Users are responsible for ascertaining what authorizations are necessary and
for obtaining them before using College computing resources.
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(5) User Responsibilities.
(a) Basic Responsibility. Users are responsible for any activity originating from their accounts,
personal computers, or devices which are attached to the College’s network to which they can
reasonably be expected to control. Users are responsible for performing basic preventative
measures with personal equipment which is attached at any time to the College's network,
including running a personal firewall and performing regular virus and spyware scans. The
College may periodically probe any computers or devices attached to its network for evidence of
such infections, and temporarily suspend/limit connection when found.
(b) Use of Accounts and Passwords. Accounts and passwords may not, under any circumstances,
be used by persons other than those to whom they have been assigned by Information
Technology. In cases when a user detects or suspects unauthorized use of accounts or resources,
the user must change the password and report the incident to Information Technology.
(c) Capacity Limitations. Users should respect the finite capacity of the College's computing
resources and infrastructure, and avoid interfering unreasonably with the activity of other users.
Although there is no set bandwidth, disk space, CPU time, or other limit applicable to all users of
College computing resources, the College may require users of those resources to limit or refrain
from specific uses if, in the opinion of Information Technology, such use interferes with the
efficient operations of the system.
(d) Activities that Impact Operation of Resources. The College may establish limits on
bandwidth, disk space, usage times or other aspects of usage of its computing resources and
infrastructure, with which users must comply. Additionally, users may be required to refrain
from certain specific activities which adversely impact the operation of the College's computing
resources and infrastructure.
(e) Personal Use of Resources. Users must refrain from using the College's computing resources
for any personal use that would consume a significant portion of those resources, or interfere
with the College's operations or the performance of the individual user's assignments or other
responsibilities to the College.
(f) Representation of College. Users may not represent or imply that they speak on behalf of the
College without proper authorization to do so. Affiliation with the College does not, by itself,
imply authorization to speak on behalf of the institution. Use of the College's trademarks or logos
without appropriate authorization in accordance with College regulations is not permitted.
(6) Security and Privacy
(a) Protection of Privacy. The College is committed to protecting the privacy and integrity of
computer data and records belonging to the College, individual users, and commercial providers.
The College employs a variety of means to protect the security of its computing resources and
infrastructure. Users should be aware, however, that the College cannot guarantee such security.
Users should therefore engage in responsible computing practices by establishing access
restrictions for their accounts where appropriate, guarding passwords, and changing passwords
regularly.
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(b) Monitoring Use. Users do not own accounts on College computers, but are granted the
privilege of the use of their accounts. Use of the network does not alter the ownership of data
stored on the network. Users should also be aware that their use of the College's computing
resources and infrastructure is not completely private. While the College does not routinely
monitor individual usage of its computing resources or infrastructure, the normal operation and
maintenance of those resources requires the backup and caching of data and communications,
logging of activity, monitoring general usage patterns, and other such activities. The College may
also specifically monitor the activity and accounts of individual users of its computing resources,
including individual login sessions and communications, without notice, under the following
circumstances:
1. The user has voluntarily made them accessible to the public, as by posting to a Listserv or
Web page.
2. When it reasonably appears necessary to do so to protect the integrity, security, or
functionality of the College's computing resources or to protect the College from liability.
3. When there is reasonable cause to believe that the user has or is violating this regulation.
4. When an account appears engaged in unusual or unusually excessive activity, as indicated
by the monitoring of general activity and usage patterns
5. It is otherwise required or permitted by law. Any such individual monitoring other than
that authorized by the user must be authorized in advance by the Provost in consultation with
the General Counsel.
(c) Disclosure of Results of Monitoring. The College may, in its discretion, disclose the results
of any such individual or general monitoring, including the contents and records of individual
communications, to appropriate College or law enforcement personnel, subject to the Family and
Educational Rights and Privacy Act (20 U.S.C. §1232(6) and other applicable laws.
(d) Expectation of Privacy. Subject to the exceptions set out above, users have reason to expect
the same level of privacy in personal files on the College's computers (e.g., files in a user's home
directory) as users have in any other space assigned to them by the College (e.g., a locker or an
office).
(e) Policies of Other Network Operators. Other organizations operating computing and network
facilities that are reachable via the College network may have their own policies governing the
use of those resources. When accessing remote resources from College facilities, users are
responsible for obeying both the policies set forth in this document and the policies of the other
organizations.
(7) Enforcement. Users who violate this policy may be denied access to the College's computing
resources and infrastructure, and may be subject to other disciplinary action or penalties both within
and outside the College. Violations will normally be handled through the usual disciplinary
procedures applicable to the particular user (i.e. faculty, administrator, staff or student). However,
the College may temporarily suspend or block access to the College's computing resources or
infrastructure prior to the initiation or completion of such procedures, when it reasonably appears
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necessary to do so in order to protect the integrity, security, or functionality of the College's or other
computing resources.
History: ????,Renumbered 3-5-11.
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(a) Purpose. The purpose of this regulation is to protect the computing resources and mobile
computing, communications and data storage devices of NCF by authorizing NCF’s Office of
Information Technology (“IT”) to adopt operating standards and procedures with the approval of
the Technology Advisory Committee and/or the President. This regulation applies to all NCF
and department computers, mobile computing, communications and data storage devices and
includes the hardware, software, and NCF data used with these devices.
(b) Scope. Protecting NCF’s ability to conduct its business extends beyond basic procedures for
handling, storing and disposing of information. This regulation relates to NCF’s Office of
Information Technology, and steps that it will take to protect computing resources.
Advances in technology have enabled the implementation of a substantial number of desktop and
computer-based application systems by NCF. In some cases, these applications have become
critical to the operation of NCF. It is essential, therefore, that adequate measures be used to
protect the integrity and reliability of those computing systems and the NCF data they process.
Each department must cooperate in ensuring a level of protection not only appropriate for the
computers, mobile computing, communication and data storage devices in its own environment
but also with regard to the level of protection used for the larger campus networks of which it
may be a part.
NCF acquires, develops, and maintains software, computers, computer systems, and networks for
NCF-related purposes as part of its infrastructure. NCF's computing resources and infrastructure
are made available to users in support of NCF's instructional, research, community service
missions, its administrative functions, its student and campus life activities and to promote the
free exchange of ideas among members of the NCF community and between the NCF
community and local, national, and international communities. This regulation governs the use of
NCF computing resources and infrastructure and applies to all users of NCF's computing
resources and infrastructure, whether or not affiliated with NCF, and also to all uses of those
resources, whether from on campus or from remote locations. Users of these resources and
infrastructure are responsible for reading and understanding this regulation.
(2) Definitions. As used herein, the following terms shall have the indicated definition.
(a) “Data” shall mean a collection of organized information, usually the results of experience,
observation or experiment, or a set of premises. This may consist of numbers, words, or images,
particularly as measurements or observations of a set of variables.
(b) “Mobile Communications Device” shall mean cellular telephones, smart phones, and mobile
computing devices equipped with wireless or wired communication capability.
(c) “Mobile Computing Device” shall mean laptop computers, tablet PCs, personal digital
assistants, and similar mobile electronic devices that are capable of storing, processing,
displaying, and communicating data.
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(d) “Mobile Data Storage Device” shall mean USB storage devices, CD-ROMs, DVDs, mobile
music players, and any other mobile electronic device or medium that is capable of storing data.
(3) Adoption of Operating Standards and Procedures. The Office of Information Technology shall
be responsible for establishing, maintaining and deploying appropriate operating standards and
procedures NCF-wide to protect the computing resources under its control including but not limited
to computer software, desktop computers; and mobile computing, communications and data storage
devices. Standards and procedures shall be adopted with the approval of the Technology Advisory
Committee and/or the President, and address the following areas:
(a) Data Security. This includes defining user responsibilities to protect and safeguard user
identifications and passwords, providing the means by which employees can remotely access
sensitive or confidential resources from insecure networks such as wireless and public internet
service providers. In addition, the disposition of NCF computing resources in the possession of
terminated employees shall be addressed. Standards and procedures shall be developed,
established and maintained for the protection of confidential data against unauthorized access,
regardless of form, computing environment or location. This shall include the use of mobile
computing, communications or data storage devices to store sensitive or confidential data as well
as the management of data residing on the hard drives of any equipment that is transferred or
surplused.
(b) Risk Management and Equipment Protection. This includes reducing the risk of physical
loss, damage or theft to campus-based computer equipment and components, and mobile
computing, communications and data storage devices. Standards and procedures shall also be
established to control access to the data network, as needed, to prevent unauthorized access to
networks, computers and data and to minimize intrusions and network attacks by various types of
malware including, but not limited to, viruses; zombies and internet bots.
(c) Software Integrity. This includes managing computer application software and ensuring that
any software installed on NCF equipment has been legally obtained.
(d) Business Continuity Planning. This includes ensuring that each division, unit or department
is prepared for the restoration and continuation of critical services in the event of a significant
disruption of normal computer operations.
(e) Training. This includes defining training requirements for employees in the proper use and
protection of desktop and mobile computer resources. These requirements shall also address
provision and availability of appropriate hardware and software reference materials for
employees.
(4) Accountability. Deans, Directors and Department Heads, and Division Chairs shall be
responsible for ensuring that operating procedures established in accordance with this regulation are
(5) Communicating Technology Operating Standards and Procedures. The Office of Information
Technology will be responsible for posting and maintaining all relevant information technology
operating procedures on the Office of Information Technology webpage.
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History: Adopted as NCF policy 0-501 on 4-27-02. Adopted as regulation 9-13-08. Renumbered 6-29-10.
Renumbered 11-16-10. Revised 3-5-11..
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4-5002 Technology Acceptable Use
(a) The purpose of this regulation is to establish and promote the ethical, legal, and secure use of
computing and electronic communications for NCF.
(b) NCF acquires, develops, and maintains software, computers, computer systems, and networks
for NCF-related purposes as part of its infrastructure. NCF's computing resources and
infrastructure are made available to users in support of NCF's instructional, research, community
service missions, its administrative functions, its student and campus life activities and to
promote the free exchange of ideas among members of the NCF community and between the
NCF community and local, state, national, and international communities. This regulation
governs the use of NCF computing resources and infrastructure and applies to all users of NCF's
computing resources and infrastructure, whether or not affiliated with NCF, and also to all uses
of those resources, whether from on campus or from remote locations. Users of these resources
and infrastructure are responsible for reading and understanding this regulation.
(2) Rights & Responsibilities. NCF is committed to intellectual and academic freedom, the diversity
of values and perspectives inherent in an academic institution, and to applying those freedoms to the
use of its computing resources and infrastructure. However, as with any other NCF-furnished
resource, the use of its computing resources and infrastructure is subject to the normal requirements
of legal and ethical behavior within NCF community. Thus, the legitimate use of these resources does
not extend to whatever is technically possible. Although some limitations may be built into computer
operating systems, software, or networks, those limitations are not the sole restrictions on what is
permissible. Users must abide by all applicable restrictions, whether or not built into the operating
systems, software, or networks and whether or not they are capable of being circumvented by
technical means.
(3) Basic Requirements. All users must comply with all applicable local, state, federal and
international laws, all generally applicable NCF rules, policies, procedures and all applicable
contracts and licenses. These include, but are not limited to, laws on libel, privacy, copyright,
trademark, state obscenity laws (Chapter 847, Florida Statutes), Sexual Harassment Policy, and child
pornography; the Florida Computer Crimes Act (Ch. 815, Florida Statutes), the Florida Security of
Communications Statute (Ch.934, Florida Statutes), the Electronic Communications Privacy Act (18
U.S.C. §§ 2510 et seq.), and the Computer Fraud and Abuse Act (18 U.S.C. §1030 et seq.) [which
prohibit unauthorized access to computers or networks, or disruption of others' use thereof]; the NCF
Student Code of Conduct and all applicable software licenses. Users who interact with others in
different states or countries should also be aware that they may also be subject to the laws of those
other states or countries, as well as the rules and policies applicable to other systems or networks.
(4) Restrictions on Use. Users shall use only those computing resources which they are authorized
to use, and use them only in the manner and to the extent authorized. Users shall respect the privacy
of other users and their accounts, regardless of whether those accounts are securely protected. The
ability to access computing resources, at NCF or elsewhere, does not necessarily imply authorization
to do so. Users are responsible for ascertaining what authorizations are necessary and for obtaining
them before using NCF computing resources.
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(5) User Responsibilities.
(a) Basic Responsibility. Users are responsible for any activity originating from their accounts,
personal computers, or devices which are attached to NCF’s network to which they can
reasonably be expected to control. Users are responsible for performing basic preventative
measures with personal equipment which is attached at any time to NCF's network, including
running a personal firewall and performing regular virus and spyware scans. NCF may
periodically probe any computers or devices attached to its network for evidence of such
infections, and temporarily suspend/limit connection if such evidence is found.
(b) Use of Accounts and Passwords. Accounts and passwords shall not, under any
circumstances, be used by persons other than those to whom they have been assigned by the
Office of Information Technology. In cases when a user detects or suspects unauthorized use of
accounts or resources, the user shall change the password and report the incident to the Office of
Information Technology.
(c) Capacity Limitations. Users shall respect the finite capacity of NCF's computing resources
and infrastructure, and avoid interfering unreasonably with the activity of other users. NCF may
require users of those resources to limit or refrain from specific uses if, in the opinion of the
Office of Information Technology, such use interferes with the bandwidth, disk space, CPU time,
or otherwise hampers the efficient operations of the system.
(d) Activities that Impact Operation of Resources. NCF may establish limits on bandwidth, disk
space, usage times or other aspects of usage of its computing resources and infrastructure, with
which users must comply. Additionally, users may be required to refrain from certain specific
activities which adversely impact the operation of NCF's computing resources and infrastructure.
(e) Personal Use of Resources. Users shall not use NCF's computing resources for any personal
use that would consume a significant portion of those resources, or interfere with NCF's
operations or the performance of the individual user's assignments or other responsibilities to
NCF.
(f) Representation of NCF. Use of NCF's trademarks or logos located on NCF’s website or
contained within the campus portal without appropriate authorization in accordance with NCF
regulations is not permitted.
(6) Security and Privacy
(a) Protection of Privacy. To the extent permitted or required by law, NCF is committed to
protecting the privacy and integrity of computer data and records belonging to NCF, individual
users, and commercial providers. NCF employs a variety of means to protect the security of its
computing resources and infrastructure. Users should be aware, however, that NCF cannot
guarantee such security. Users shall engage in responsible computing practices by establishing
access restrictions for their accounts where appropriate, guarding passwords, and changing
passwords regularly.
(b) Monitoring Use. Users do not own accounts on NCF computers, but are granted the privilege
of the use of their accounts. Use of the network does not alter the ownership of data stored on the
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network. Users should also be aware that use of NCF's computing resources and infrastructure is
not private under the Florida Public Records Act (Chapter 119, Florida Statutes). Normal
operation and maintenance of computing resources or infrastructure requires the backup and
caching of data and electronic communications pursuant to NCF’s Regulation 1-1010, logging of
activity, monitoring general usage patterns, and other such activities. NCF may also specifically
monitor the activity and accounts of individual users of its computing resources, including
individual login sessions and communications, without notice, under the following
circumstances:
1. The user has voluntarily made them accessible to the public, as by posting to a listserv or
web page.
2. When it reasonably appears necessary to do so to protect the integrity, security, or
functionality of NCF's computing resources or to protect NCF from liability.
3. When there is reasonable cause to believe that the user is in violation of this regulation.
4. When an account appears engaged in unusual or unusually excessive activity, as indicated
by the monitoring of general activity and usage patterns
5. It is otherwise required or permitted by law.
Any such monitoring of communications, other than what is made accessible by the user, required
by law, or necessary to respond to disruptions of network operations, shall be authorized in
advance by the appropriate Vice President in consultation with NCF’s General Counsel.
(c) Disclosure of Results of Monitoring. NCF may, in its discretion, disclose the results of any
such individual or general monitoring, including the contents and records of individual
communications, to appropriate NCF or law enforcement personnel, subject to the Family and
Educational Rights and Privacy Act (20 U.S.C. §1232(6) and other applicable laws.
(d) Expectation of Privacy. Employees have no expectation of privacy in connection with the use
of NCF-owned electronic communications systems, including but not limited to computers
(software and hardware), the internet, email, and voicemail, as well as all information
transmitted, received, or stored in these systems. These electronic communications systems are
provided for employee use solely for NCF business purposes. Therefore, employees should not
use the electronic communications systems to store or transmit any information that they would
not want subjected to public disclosure. Nothing should be communicated through the electronic
communications systems that would be inappropriate to communicate in any other manner in the
workplace or that would violate any Federal, State or NCF Policy or Regulation. NCF IT staff
may be required to access and/or disclose any information in the above-named systems, even that
which is protected by a personal password, at any time, with or without notice to the employee.
(e) Policies of Other Network Operators. Other organizations operating computing and network
facilities that are reachable via the NCF network may have their own policies governing the use
of those resources. When accessing remote resources from NCF facilities, users are responsible
for obeying both the policies set forth in this regulation and the policies of the other
organizations.
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(7) Enforcement. Users who violate this policy may be denied access to NCF's computing resources
and infrastructure, and may be subject to other disciplinary action or penalties both within and outside
NCF. Violations will normally be handled through the usual disciplinary procedures applicable to the
particular user (i.e. faculty, administrator, staff or student). However, NCF may temporarily suspend
or block access to NCF's computing resources or infrastructure prior to the initiation or completion of
such procedures, when it reasonably appears necessary to protect the integrity, security, or
functionality of NCF's or other computing resources.
History: Revised 3-5-11.
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4-5003 Information and Communication Security Program
(a) Purpose. The purpose of this regulation is to establish an Information and Communication
Security Program in accordance with Section 282.318, Florida Statutes, also known as the
“Enterprise Security of Data and Information Technology Act." The regulation is intended to ensure
that NCF is in compliance with the Act, that only authorized employees are given access to
information technology systems and resources (“information technology”), and that employees who
are terminated or transferred will not retain information technology access privileges.
(b) Scope. An information and communication security program is not limited solely to technology.
While technology will be a part of the program, other areas such as personnel; environment; utilities;
purchasing practices; and public safety will also play a part. This program applies at NCF and to
information and information technology systems when used remotely from the NCF location. This
regulation shall also apply in cases of an employee leave of absence and other situations where access
privileges may need to be suspended.
(2) Adoption of Operating Standards and Procedures. All information utilized in the course of business
and education at NCF is considered an asset, and as such, administration, faculty, staff and students are
responsible and accountable for its viability and protection. It is a management responsibility to maintain
information security and integrity through administration of appropriate legal, auditable controls to
protect NCF information from unauthorized, intentional or accidental disclosure, modification,
destruction, denial, or misappropriation.
The Director of Technology Support is NCF’s designated Information Security Officer (ISO) Information
and communication security shall be the operational responsibility of the ISO and responsibility for
developing and coordinating the security program shall rest with the ISO.
Operating standards and procedures shall be adopted with the approval of the President, and shall address
the following areas:
(a) Physical Environment. This includes protecting physical facilities, such as buildings, other
structures or vehicles that house information technology system and network components. Physical
and environmental standards and procedures must also include provisions for addressing natural
threats such as hurricanes; man-made threats such as theft; environmental threats such as toxic
chemical spills and physical threats such as fire, roof leakage or power outages.
(b) Data and Software. This includes controlling and protecting data and software from damage or
unauthorized use; ensuring departmental data use is in compliance with all necessary standards such
as Family Educational Rights and Privacy Act of 1974 (FERPA), Health Insurance Portability and
Accountability Act of 1996 (HIPAA), Electronic Communication Privacy Act (ECPA), and GrammLeach-Biley Act of 2000 (GLB); ensuring that data confidentiality, integrity and accuracy are
appropriately safeguarded; and ensuring that only legally obtained and licensed software is being
installed and used.
(c) Physical Access. This includes establishing who is permitted access to secured areas where
information technology systems and network components are housed and the means by which access
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will be granted and terminated. These standards and procedures will also define the degree of access
controls required such as locks, special keys, biometric access devices, alarm systems, monitoring
devices and/or closed circuit cameras.
(d) Logical Access. This includes establishing who has authorization to log into information
technology databases, application systems, operating systems, servers and network components and
the means by which access will be granted and terminated. This also includes maintaining and
updating standards for password or PIN complexity, length, and expiration span as future needs may
dictate.
(e) Records Management. This includes controlling access and managing risks to the physical
safety, confidentiality, integrity, accuracy and security of permanent records within each department
which are maintained electronically on campus servers or hosted servers collocated co-located at
other sites.
(f) Communication. This includes defining what, how, where, when and by whom necessary and
relevant information will be distributed or made available to NCF staff, faculty and students
regarding IT availability, outages, down time, maintenance, upgrades and problems both scheduled
and unscheduled.
(3) Accountability. Deans, Directors, Department Heads, and Division Chairs shall be responsible for
ensuring that operating standards and procedures established in accordance with this regulation are
History: Revised 3-5-11.
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4-5004 Technology Acquisition
This regulation sets procedural guidelines which are meant to ensure that NCF can provide professional
support within realistic, logistical, and fiscal constraints. This regulation is also intended to facilitate and
promote consistency of technology, procedures, and information.
(1) Statement of Regulation. NCF is continually improving technology in an effort to rebuild and
modernize its infrastructure. As the NCF community identifies appropriate technologies to adopt, it
is crucial that the Office of Information Technology (“IT”) be at the center of those
decisions. Technology purchases, from an individual software purchase to outfitting an entire
building, must be well researched. A decision to acquire a specific technology without consulting
with IT may result in an overlap in services, incompatible technologies, or an inefficient use of
resources. All individual technology acquisitions shall work efficiently and shall work in concert
with NCF’s existing and planned information technology environment.
(2) Procedure. The Checklist for Technology Acquisitions provides assistance to the campus
community in identifying factors to consider when contemplating technology-related equipment
purchases and will assist IT in evaluating the impact that an individual purchase will have on existing
infrastructure and resources. The questions on the checklist are designed to help with identifying
potential risks based on the size of the investment and the investment’s role in supporting the ongoing
mission of NCF. This checklist shall be completed in consultation with IT staff before a technologyrelated equipment purchase order is created or a grant proposal is submitted so that all parties are
informed as to whether or not IT will be able to provide support for the purchased equipment and can
make arrangements to purchase additional support from the vendor if necessary. If after a grant
proposal is submitted or a grant is awarded, additional technology-related equipment is indeed
required, the checklist shall be completed in consultation with IT staff at that time. A supported
hardware and software list can be found on the IT web pages. To purchase an item on the supported
hardware and software list, a purchaser may call IT to obtain a quote.
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4-5005 Copyright Infringement
The purpose of this regulation is to comply with copyright law for the use of copyrighted material on New
College’s computer systems and networks. In addition, this policy seeks to make aware to all users the
seriousness as well as possible consequences for unauthorized use of copyrighted material.
(1) Definition. Copyright is legal protection of intellectual property, in whatever medium, that is
provided for by the laws of the United States to the owners of copyright. Types of works that are
covered by copyright law include, but are not limited to, literary, dramatic, musical, artistic, pictorial,
graphic, film and multi-media works. Many people understand that printed works such as books and
magazine articles are covered by copyright laws but they are not aware that the protection extends to
software, digital works, and unpublished works and it covers all forms of a work, including its digital
transmission and subsequent use.
(2) Laws concerning digital copyright. The Digital Millennium Copyright Act (DMCA), signed into
law in 1998, recognizes that digital transmission of works adds complexity to the Copyright Law. The
DMCA provides non-profit educational institutions with some protections if individual members of
the community violate the law. However, for New College of Florida to maintain this protection, we
must expeditiously take down or otherwise block access to infringing material whenever it is brought
to our attention and whether or not the individual who is infringing has received notice.
DMCA infractions can result in serious consequences regarding activities of faculty, students, or staff
who are performing teaching or research functions if the College has received more than two notices
of infringement against an individual within a three-year period. Colleges and individuals can be
subject to the imposition of substantial damages for copyright infringement incidents relating to the
use of College network services. In a civil action, the individual infringer may be liable for either
actual damages or statutory damages of up to $30,000 (which may be increased to up to $150,000 if
the court finds the infringement was willful). In addition, individual infringers may be subject to
criminal prosecution. Criminal penalties include up to ten years imprisonment depending on the
nature of the violation.
(3) The Higher Education Opportunity Act (HEOA) of 2008 requires all U.S. Colleges and
Universities deal with unauthorized file sharing on campus networks, imposing three general
requirements:
(a) An annual disclosure to students describing copyright law and campus policies related to
violating copyright law
(b) A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users
of its network, including "the use of one or more technology-based deterrents"
(c) A plan to "offer alternatives to illegal downloading"
(4) Importance. Copyright infringement is an issue of particular seriousness because technology
makes it easy to copy and transmit protected works over the New College network. While New
College of Florida encourages the free flow of ideas and provides resources such as the network to
support this activity, we do so in a manner consistent with all applicable state and federal laws. New
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College does not condone the illegal or inappropriate use of material that is subject to copyright
protection and covered by state and federal laws.
(5) New College strictly prohibits any and all of the following: copyright, trademark, patent, trade
secret or other intellectual property infringement, including but not limited to using any copyrighted
names, text or images, offering pirated computer programs or links to such programs, serial or
registration numbers for software programs, copyrighted music, etc., as policy on the use of
copyrighted material on the Institution’s computer systems and networks.
(6) New College respects the copyrights of those involved in creating and distributing copyrighted
material, including music, movies, software, and other literary and artistic works. It is the policy of
New College to comply with copyright law. If members of the New College community (faculty,
students or staff) utilize copyrighted materials for educational, instructional, research, scholarship and
like arenas, the College will follow the legal doctrine of fair use, currently a part of the copyright law.
(7) Members of the New College community will not make unauthorized copies of copyrighted
material on or using New College computer systems, networks or storage media. Users will not store
unauthorized copies of copyrighted works using the College’s systems, networks and/or storage
media. Users should not download, upload, transmit, make available or otherwise distribute
copyrighted material without authorization using the College’s computer systems, networks, Internet
access or storage media. This is inclusive of utilizing peer-to-peer file services that would promote
copyright infringement.
(8) While New College does not generally monitor or limit content of information transmitted on the
campus network, it reserves the right to monitor its computer systems, networks and storage media
for compliance with this policy, at any time, without notice. Additionally, the College reserves the
right to delete from its computer systems and storage media, or restrict access to, any seemingly
unauthorized copies of copyrighted materials it may find, at any time.
(9) Violations. Users who violate this policy are subject to disciplinary action in accordance with the
Student Code of Conduct and the New College Employee Handbook. Such disciplinary action may
include termination, expulsion and other legal actions. Some examples of copyright infringement that
may be found in a college setting:
(a) Downloading and sharing MP3 files of music, videos, and games without permission of the
copyright owner
(b) Using corporate logos without permission
(c) Placing an electronic copy of a standardized test on a department's web site without
permission of the copyright owner
(d) Enhancing a departmental web site with music that is downloaded or artwork that is scanned
from a book, all without attribution or permission of the copyright owners
(e) Scanning a photograph that has been published and using it without permission or attribution
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(f) Placing a number of full-text articles on a course web page that is not password protected and
allowing the web page to be accessible to anyone who can access the Internet
(g) Downloading licensed software from non-authorized sites without the permission of the
copyright or license holder
(h) Making a movie file or a large segment of a movie available on a web site without permission
of the copyright owner
(10) Identification of copyright infringement. Copyright holders represented by organizations such as
the Recording Industry Association of America (RIAA), the Business Software Association (BSA),
and the Motion Picture Association of America (MPAA), are applying serious efforts to stop the
infringing downloads of copyrighted music, movies, and software. The companies or their agents
locate possible copyright infringements by using automated systems that trace the IP address, port,
and protocol being used to infringe.
(11) Reporting copyright infringement. Report alleged copyright infringements on New College of
Florida systems to [email protected].
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4-5006 After Hours Support
The Office of Information Technology (IT) is committed to making critical telephone, network, and
server resources available to the college community 24/7 (excluding scheduled maintenance).
(1) Applicable hours. IT staff will provide on-call support coverage in the event of unexpected failure
or significant problems with critical resources during non-business hours—weekdays after 5 p.m.,
weekends, holidays, or any other time the college is closed.
IT support is available during non-business hours for major problems associated with the central
telephone system, significant segments of the campus network impacting one or more buildings, and
servers essential for communication. This does not include outages suffered by an individual. IT
support for faculty or staff computers (related to hardware, operating system, application software
including e-mail, and remote network connectivity) or for computers in labs is only available during
business hours; Monday – Friday between 8 AM and 5 PM. These types of issues are considered
routine help desk requests and will be prioritized using the Help Desk Prioritization Criteria found on
the IT web page.
Resolution of disruptions occurring during non-business hours may be dependent upon the nature and
severity of the problem and the availability of resources or services and parts from third-party
vendors. IT staff will assess a reported problem and determine a reasonable resolution plan as quickly
as possible. IT will make every effort to communicate status updates in the IT Systems Status section
on the NCF IT webpage.
(2) For a planned shutdown of any network resources, the community will be notified via e-mail at
least 24 hours in advance whenever possible, and notification will be posted on the IT webpage.
(3) Procedure for reporting a problem.
(a) Any critical telephone, network or server failures that occur during non-business hours should
be reported to Campus Police at (941) 487-4210 who will then contact on-call IT staff.
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4-5007 Virtual Private Networking (VPN)
Virtual Private Networking or VPN is a method of connecting users who are not physically on the
College’s campus with the New College network. Users can access and work with their files stored on
campus servers from any remote location that provides Internet access via high-speed lines or modems.
(1) Definition. VPN allows users to access and manipulate files stored on campus servers from
remote locations. This eliminates the need to travel with sensitive or confidential data or to save such
data on a remote computer. Another important advantage of VPN is that valuable files such as drafts
of books or articles can be stored and backed-up on campus servers and accessed at any time and
place. The VPN creates a connection between a user’s remote computer, for example a personal
computer used at home or elsewhere, with a user’s files stored on a campus server. Once connected,
the computer screen, folders, and files are indistinguishable from those the user sees when using their
on-campus computer. A user accesses VPN through a link on the New College website, using their
network user ID and password.
(2) Users. Any current employee of the College may use the VPN service.
(3) Data Access. A user may access and manipulate any files that they have access to using their oncampus PC. When VPN is in use, users should not use their web browsers to access the World Wide
Web.
(4) Security of Computers and Data.
(a) Remote, user-owned computers connected to the College’s VPN service become an extension
of the College’s network and in turn provide access to that network. They are subject to the same
rules and regulations that apply to College-owned computers, and especially those concerning
data security. Remote user-owned computers must have the latest operating system or
applications updates installed. These updates ensure that the latest security features are active.
Current anti-virus software is required on any remote user-owned computer accessing the
College’s VPN. The antivirus software must be active with automatic updates and scheduling
features turned on. Failure to update this software and ensure it is active will constitute a violation
of the College’s VPN policy and could subject the user to College discipline and personal
liability. Because VPN allows off-campus users to access the College network and servers, it is
particularly important that passwords must not be shared and that antivirus software must be
installed.
(b) Non-New College employees are not permitted to access this service. Confidential data stored
on the College’s network and accessed on user-owned or college-owned, remote computers
through VPN should not be downloaded and stored on remote computers or external storage
devices, including, but not limited to, USB thumb drives, disks, or hard drives. Examples of
confidential data include social security numbers, home addresses, course evaluations of student
work, and faculty promotion files. Confidential information is protected by state and federal laws,
and violations of this policy could subject the user to civil and/or criminal prosecution.
(c) VPN users will be automatically disconnected from New College's network after sixty
minutes of inactivity to help prevent unauthorized use. The user must then log-in again to
reconnect to the network.
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More information regarding software, security patches and anti-virus software can be found at
http://www.ncf.edu/it
(5) Activitation. To utilize VPN, place a Help Desk ticket to have remote access enabled on your PC.
IT will change the necessary settings on your PC and check to ensure that the latest versions of the
operating system and anti-virus software are installed and active. Once remote access is enabled on
your on-campus PC you can access it from a remote PC by going to the Faculty & Staff page
(http://www.ncf.edu/index/faculty-staff) on the NCF website and clicking on the NCF VPN link
under Faculty/Staff Resources. Use the same user ID and password that you use to log on to your oncampus PC.
(6) Internet Access. VPN use from any remote location requires Internet access. The user is
responsible for arranging for that access and its associated costs.
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4-5008 Hardware
The Office of Information Technology (IT) supports approved College-owned computer hardware used
by faculty, staff and in laboratories. Approved hardware can be found on the Supported Hardware list
located on the IT web page.
(1) Hardware support includes, but is not limited to, installation and troubleshooting the following:
memory, hard drive, mice, keyboards, monitors, video cards, speakers and other supported hardware
which also include verifying functionality and/or network connectivity.
(2) For hardware that is no longer under warranty, IT will identify the replacement hardware needed
for repair and advise the division or department as to repair costs or the cost of replacement.
(3) Discipline-specific hardware will be supported to the extent possible. For the most part, this
equipment is best understood by those who use it and are certified to repair these types of equipment.
It is neither feasible nor practical for the IT staff to acquire and maintain expertise in all software or
hardware utilized at the College; therefore, IT may recommend external support services. Please note
that external support may incur a fee for services that must be paid by the department requesting the
support.
(4) Hardware that is purchased through grants and special projects may or may not fall within the
terms of use for College support. The grant’s principal investigator or Office of Research, Programs
and Services (ORPS) representative must consult with IT and complete the Technology Acquisitions
Checklist prior to the submission of the grant application to determine if support can be provided.
(5) Support will not be provided:
(a) For equipment that does not comply with the College’s current supported hardware.
(b) For computers whose internal components have been accessed without the involvement or
knowledge of IT.
(c) For home or personal computers that are not owned by the College.
(d) For the following legacy hardware:
1. PC: first generation Pentium machines, 486-processor, and older.
2. Mac: first generation Power PC machines, and older (working laboratory instruments that
require legacy hardware will be supported to the extent possible, given hardware and resource
constraints.)
(e) For computers listed on Opt-out Agreement form. Refer to Opting-Out below.
(6) If a request is made to purchase a computer or equipment that is not supported by Information
Technology, the purchaser must complete the Technology Acquisitions Checklist. If there is a
comparable system that would be supported by IT, it will be recommended to the requestor. If the
requestor elects to purchase the requested, unsupported system, the Opt-out Agreement form must be
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completed acknowledging that the system will not be supported by IT. For additional information on
purchasing technology-related equipment, please refer to the Technology Acquisitions Procedure.
(7) Opting-Out. Any division/department or individual can opt-out of this policy. However, this does
not absolve them from complying with any College technology policy or regulation. The
division/department or individual who opts-out agrees to explicitly decline all support for a
particularly assigned workstation and the Office of Information Technology (IT) agrees to no longer
provide any support to the workstation of the division/department or individual. Any individual
opting-out must have the approval of the division chair or department head. An agreement must be
established for each workstation that the individual wishes to opt-out (see Opt-out Agreement Form).
The Opt-out Agreement Form shall be maintained by IT and the record copy shall be retained in the
Division or Department.
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4-5009 Software
(1) Support is offered to faculty and staff for the College-owned and approved supported software
required for their job responsibilities. The list of standard and additional approved software can be
found on the Supported Software list located on the IT web page. Support for standard software
includes but is not limited to the following: operating system failures and errors, software failing to
run/open, fatal error messages, password resets, software installations and updates, configurations for
functionality such as mapping network resources or correcting monitor resolutions, and other issues.
(2) Software support does not include instruction on how to use software nor the changing of personal
preferences (i.e. customizing toolbars, background colors or themes). Support for additional software
is limited solely to installation. IT will not support software that does not appear on the Supported
Software list, this includes privately owned software. Support may be limited if a computer in need of
service has unsupported software installed. The user may be asked to uninstall the unsupported
software before IT staff can proceed with troubleshooting.
(3) Procedure.
(a) Standard software is automatically installed on new or reassigned workstations by the Office
of Information Technology (IT). Additional supported software will be installed by IT at the
request of the individual users, department or division. Requests for additions to the Supported
Software list must be approved by the Technology Advisory Committee (TAC). This includes lab
software as well as software for individual user workstations. Software covered under campus
licensing agreements as well as software installed on campus laboratory computers will be
retained in IT. All other software can be retained by the purchaser.
(b) If a division, department or individual user determines that there is a need for specialized
software, IT should be consulted before software purchasing to determine license availability,
existing license agreements, and other options that may reduce costs and to prevent redundant
purchases. Software that is purchased through grants and special projects does not immediately
fall within the terms of use for College support. The grant’s principal investigator or Office of
Research, Programs and Grants (ORPS) representative must consult with IT and complete the
Technology Acquisitions Checklist prior to the submission of the grant application to determine if
support can be provided.
(4) Evidence of legal acquisition (i.e. purchase, lease, grant, download, etc.) for unsupported software
must be retained by the division chair, department head or their designee. These records should be
readily retrievable, and must clearly document software acquisition, distribution, and use.
Installations are to be documented so that is clear what was installed, when, and by whom. Backup
copies, if permitted, must be made in accordance with licenses or vendor agreements.
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4-5010 Passwords.
New College of Florida relies significantly upon the use of College-provided credentials (NCF username
and password) to provide authentication for access to technology resources provided by the Office of
Information Technology. The implementation of this regulation will better safeguard the personal and
confidential information of all individuals and organizations affiliated, associated, or employed by the
College.
(1) The password policy applies to all persons accessing the New College of Florida network
regardless of their capacity, role, or function. Such persons include students, faculty, staff, third party
contractors, visitors (guests), and consultants.
(a) All New College owned electronic devices must, if available, have password protection
enabled.
(b) All network passwords (e.g., email, web, computer, etc.) must be changed at least every 90
days. Individuals with access to critical areas of information will be required to follow the
password policy of that specific application. Some systems may require a shorter interval.
(c) Passwords must not be inserted into email messages or other forms of electronic
communication.
(d) Passwords should not be shared with anyone.
(e) Passwords should not be written down or stored electronically without encryption.
(f) All passwords must follow the NCF password guidelines located on the NCF IT website.
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4-6001 Institutes and Centers.
In order to ensure that institutes and centers implemented at NCF enhance existing College activities, are
aligned with the goals of the BOG, and are of the highest quality, the following regulations have been
established.
(1) Definitions. Within the context of these regulations, institutes and centers are defined as follows:
(a) State of Florida Institute or Center. An entity with a statewide mission to coordinate interinstitutional research, service, and teaching across the State University System. Two or more
institutions within the State University System may participate in an institute or center, which
must be approved by the BOG. The operational budgets of State of Florida institutes and centers
reside within the base budgets of the host institutions; additional budget requests must be
reviewed by the Council of Academic Vice Presidents (CAVP). Only those proposals that
receive a positive recommendation are carried forward to the BOG for consideration.
(b) University Institute or Center. An entity that is established by NCF at NCF to coordinate
research, service, and/or educational/training activities that enhance existing instruction, research,
and service. The budget of a university institute or center and any requests for additional funding
are wholly within the purview of NCF.
(c) Exclusions. A number of units within NCF that are excluded from this policy use the term
“Institute” or “Center” in their names, but do not meet the definitions in (1)(a) and (1)(b) above.
Examples of these units include the Counseling and Wellness Center, the Fitness Center, the
Gender and Diversity Center, the Pritzker Marine Biology Research Center, the Quantitative
Resource Center, the Writing Resource Center, the Academic Resource Center, and certain other
centers.
(2) University Regulations for Institutes and Centers. The New College BOT has adopted this
regulation for establishing, operating, evaluating, reviewing, and disbanding university institutes and
centers in accordance with criteria from the BOG. The President of NCF is designated by the
Trustees to grant authorization for the development and implementation of university institutes and
centers at the College. A copy of NCF’s university institute and center policies shall be on file in the
BOG’s Office of Academic and Student Affairs
(3) Establishment of Institutes or Centers.
(a) To establish a State of Florida Institute or Center, the Provost of NCF shall prepare and
submit a proposal to the New College BOT for approval. Approved proposals shall be submitted
to the BOG’s Office of Academic and Student Affairs.
1. The proposal shall specify the purpose of the organization, the need and demand to be a
State of Florida institute or center, consistency with the BOG Strategic Plan, and funding
resources. The proposal shall also include a draft of the proposed Memorandum of
Understanding, which has been ratified by the presidents of all affiliated institutions. The
Memorandum of Understanding shall contain, at a minimum:
a. The name of the institute or center;
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b. The identification of the host institution and participating institutions;
c. The mission of the institute or center;
d. Guidelines for appointing, funding, supervising, and evaluating the director of the
institute or center;
e. The criteria for appointments to the institute or center’s advisory board, including
terms, roles, authority, and, if known, current numbers;
f. Expectations for the administrative and logistical support for the institute or center,
including expectations regarding the reimbursement to the host university for direct costs
of administrative services rendered by the university to the institute or center;
g. Procedures at the institutional level for recommending increases/decreases in the
appropriation of State funds for the institute or center;
h. Specifications for the processing of contracts and grants, including the percentage of
overhead funds to be returned to the institute or center; and
i. Expectations and criteria for the cyclic review of the institute or center and other
planning and expectations for its operation.
(b) After review by the BOG staff, the proposal will be forwarded to the CAVP for approval and
recommendation to the Chancellor. The Chancellor then determines whether or not this proposal
should be carried forward to the BOG. Any institute or center must receive full approval from the
BOG prior to implementation to receive State of Florida status.
(c) University institutes and centers at NCF shall be established in accordance with this
regulation. An application for a NCF university institute and center should include the following
elements:
1. Concept paper.
2. Estimated expenditures for the institute/center (staff, facilities, and budget).
3. Name of the proposed institute/center director, his or her disciplinary affiliation, and other
College affiliations.
4. Mission of the institute/center.
5. Identification of the types and qualifications of individuals and/or organizations which
might be formally affiliated with the institute/center other than employees of the
institute/center.
6. Identification of the manner in which undergraduate students will benefit from
establishment of the institute/center.
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7. Identification of the expected outcomes and assessment measures to be used in evaluating
the effectiveness of the proposed institute/center.
8. Recommendation from the appropriate Chair, if the focus is disciplinary/divisional, and
the Provost, if the focus is at the College level.
(d) The Provost or his/her designee will coordinate review of the proposal and provide the
proposal to the Administrative Council and the NCF Faculty for information and comment. If the
proposal is deemed to have merit, the Provost will then present the proposal to the President for
approval. Following approval by the President, the proposal will be presented to the BOT for
approval.
(e) A copy of an approved NCF new university institute or center proposal containing basic
descriptive, contact, and fiscal information shall be submitted to the BOG’s Office of Academic
and Student Affairs. In cases where more than one university is participating, a host university is
designated to handle reporting and evaluation of the institute or center.
(5) Institute and Center Reporting Requirements.
(a) The BOG’s Office of Academic and Student Affairs shall provide an online Institute and
Center Reporting database, which will also serve as the official inventory of approved State
University System Institutes and Centers.
(b) Initial Reporting. Upon receipt of notification that a record has been created for the institute
or center in the Institute and Center Reporting database, NCF shall enter descriptive and
budgetary information in accordance with instructions provided by the Office of Academic and
Student Affairs.
(c) Annual Reporting. No later than September 30 of each year actual and estimated expenditure
and position data shall be entered in the database for the fiscal year running from July 1 of the
previous year to June 30 of the current year, in accordance with instructions provided by the
BOG’s Office of Academic and Student Affairs. Prior to submission to the Office of Academic
and Student Affairs, all annual reporting information must be approved by the BOT of NCF or
their designee.
(d) Evaluation/Review. Copies of all evaluation/review information shall be submitted to the
BOG’s Office of Academic and Student Affairs.
1. State of Florida institutes and centers shall be reviewed based on criteria and procedures
established below and within the Memorandum of Understanding. External consultants may
be used in the review process. At a minimum, each State of Florida institute or center shall
be reviewed every five years by the host institution. A copy of the review will be provided to
the Council of Academic Vice Presidents to inform any related budget recommendations.
2. NCF university institutes and centers shall undergo a formal review at least every seven
years.
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3. At a minimum, all evaluations/reviews shall include:
a. A determination of the institute or center’s progress toward defined goals and
objectives within the context of the institute or center’s mission, the participating
university missions, and the current BOG’s Strategic Plan;
b. An assessment of the return on investment of State dollars, if applicable;
c. The need for continuation of the institute or center;
d. Possible changes in mission or organizational structure;
e. Budget reduction or expansion;
f. Recommendations for change of classification (State of Florida, Infrastructural, or
University institute or center), if applicable; and
g. Recommendations for status change (active, inactive, terminated), if applicable.
(6) Disbanding an Institute or Center. University institutes and centers at NCF shall be disbanded at
the request of NCF; and, in the case where the College is the host university, with the agreement of
participating universities. State of Florida institutes and centers shall be disbanded at the
recommendation of the Council of Academic Vice Presidents and upon the approval of the BOG.
When an institute or center is disbanded, the host university shall notify the BOG’s Office of
Academic and Student Affairs.
(7) If a disbanded institute or center has been funded by the Legislature, the university must provide
documentation to ensure that Legislative intent has been achieved and that the institute or center is no
longer required. Fiscal information must be provided as part of the annual reporting process if the
institute or center expends any funds during the fiscal year in which it is disbanded.
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4-6002 [0-301] Misconduct in Research
(1) In recent years the issue of misconduct in research has become a matter of concern to research
institutions, individual scientists, sponsors of research, including the Federal government, and the
general public. However, it should be noted that instances of verified misconduct in research are rare.
The New College of Florida expects that all research conducted by its faculty, students, or other
associates will comply with generally-accepted ethical and legal standards for research. The purpose
of this policy document is to establish the procedure for reporting and investigating possible
misconduct in research at the New College of Florida. The final responsibility for carrying out this
policy lies with the College’s President. While responsibility for determination of appropriate
discipline or evaluative actions in response to a finding of misconduct remains with the appropriate
President or Provost, the procedures described herein are designed to deal with the unusual
occurrence of research misconduct, and do not represent a consensus that such misconduct is
widespread at the College.
(a) Application of the Policy. This policy is applicable to all cases of alleged or apparent
misconduct in research at the College. Research misconduct is defined as: fabrication or
falsification of data, plagiarism, or other practices which seriously deviate from commonly
accepted practices in proposing, carrying out or reporting research. Research misconduct does
not include honest error or honest differences in interpretations or judgments of data.
(b) Appointment of the Standing Committee on Research Misconduct. The President shall
appoint a Standing Committee on Research Misconduct which shall consist of six members no
less than five of whom shall be faculty members from different areas within the College. The
members of the Committee shall serve for terms of three years. The terms of the initial
appointments shall be staggered, with two of the members appointed for one year, two for two
years and two for three years. The President shall designate the Chair of the Committee.
(2) Procedures for Reporting and Investigating Research Misconduct. The procedures for reporting
and investigating research misconduct are presented below. Time limits are given for each step to
insure timeliness. While all time limits are subject to extension for good cause, the applicability of
time limits imposed by regulations of sponsoring agencies must be considered. For the sake of the
person charged with misconduct, the College, and any agencies or sponsors involved with the
research, it is important that all charges be investigated in a rapid but thorough manner.
(a) The Initial Inquiry. Any person who has reason to believe that an individual has engaged in an
act of research misconduct at the College should report that act to the department chair or
equivalent responsible administrative official with supervisory authority for the person so
charged. In the usual case governed by these procedures, the responsible official will be the
department chair. For administrative units in which there are no departments, or if the person
charged is a department chair, the charge would typically be taken to the President. Charges
against Directors or Deans should be taken to the University Provost or appropriate Vice
President. If such charges are brought to any other person, they should be referred discreetly to
the appropriate administrative official.
1. The administrative official shall conduct a preliminary and informal inquiry to determine
whether an investigation is warranted. As part of the preliminary informal inquiry, the
administrative official shall provide the person charged and the President with a written
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statement or summary of the allegations and invite response, unless the administrative
official has a good faith belief that evidence will be destroyed or that the
inquiry/investigation will otherwise be compromised by informing the person charged, in
which case advice must be sought from the General Counsel. Confidentiality should be
maintained to the maximum extent possible under relevant law. The ability to keep any and
all matters confidential will depend on the nature of the allegations and the type of evidence.
Misuse of information or records may result in discipline for misconduct and may be a
violation of the Code of Ethics for state employees.
2. During the inquiry, the administrative official should consider the content and reliability of
the information (e.g., degree of specificity, supporting documentation, etc.) and any prior
knowledge of the individuals and events associated with the possible misconduct. The
administrative official conducting the inquiry is authorized to consult with any person whose
advice (s)he finds appropriate. Throughout the inquiry, the administrative official shall take
reasonable steps to obtain or preserve the data necessary to make a determination in the case
and to maintain the confidentiality of the person bringing charges, in order to protect him/her
from possible reprisals. Whether a case can be reviewed effectively without the involvement
of the person bringing charges depends upon the nature of the allegation and the evidence
available. Cases that depend specifically upon the observations or statements of that person
cannot proceed without his/her open involvement; other cases in which sufficient
information is provided to enable initiation of an inquiry may permit the person to remain
anonymous. In all cases where testimony of the person bringing charges is essential or
important evidence, that person must provide a written and signed statement of charges. If
reprisals are brought against the person making charges, the College shall take appropriate
action in conformance with College policy and State and Federal law.
3. If, after completing the inquiry, it is determined that no investigation is warranted, then the
matter shall be dismissed. In all cases, a written report containing a statement of the evidence
reviewed, summaries of relevant interviews, and conclusions will be filed in the office of the
administrative official making the inquiry. If it is determined that no investigation is
warranted, this report and all other documents concerning the inquiry will be kept in a sealed
envelope(s) separate from the personnel file of the person charged, with access limited to the
fullest extent of the law, including but not limited to Florida Statutes, Ch. 1012.91, which
provides for release of evaluative employee information only upon the employee's
authorization, court order, or for use by College officials in discharge of official duties.
Destruction of such records will be scheduled as soon as possible under applicable record
retention schedule and law. The inquiry will not be mentioned in the personnel file of the
person charged. The President and the person charged will be notified that the charges have
been dismissed and shall receive a copy of the report. In addition, the person making the
charges will be informed that the case has been dismissed. If the person making the charges
feels that the case has been dismissed prematurely, (s)he may request that the next higher
administrative official review that case.
4. If the allegations are not dismissed, the written inquiry report and all records and evidence
in the case will be forwarded to the President, for transmittal to the Standing Committee on
Research Misconduct. When the case is forwarded to the Standing Committee, a copy of the
written report shall be given to the person charged, and the appropriate Dean/Director and
Vice President/Provost, along with a notice of submission to the Standing Committee
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containing a statement that no official determination of misconduct has been made. Such
notice shall also be sent to the person initially making the charges. The person charged shall
have the right to provide written comment on the written report. Whenever possible, the
initial inquiry should be completed and the case either dismissed or forwarded to the
Standing Committee within fifteen (15) working days after the charge has been received by
the administrative official. The inquiry must be completed within sixty (60) calendar days of
initiation unless circumstances clearly warrant a longer period. In such cases, the inquiry
report shall include documentation of reasons for exceeding the sixty (60) day period.
(b) Reporting to Funding Agency. If the researcher who has been charged with misconduct is the
recipient of federal research funding, the College must comply with federal requirements
regarding notification of the funding agency. Funding agencies must be immediately notified if at
any stage of the investigation or inquiry any of the following conditions are found to exist: an
immediate health hazard; an immediate need to protect federal funds or equipment; an immediate
need to protect the interests of the person making the charges, the person(s) charged, or his/her
co-investigators or associates, if any; it is probable that the alleged incident is going to be
reported publicly; or if there is a reasonable indication of criminal violation. In all cases where
one or more of the above conditions may exist, the appropriate Vice President/Provost, the
President, and the General Counsel shall be notified immediately upon receipt of a report or
allegation of misconduct. In cases which do not involve the above circumstances, federal
regulations in force at the time should dictate when the funding agency is notified. In all cases, it
will be the responsibility of the President to communicate with the funding agencies.
(c) Investigation Panel. Upon receipt of the inquiry report concerning a complaint of research
misconduct, the Standing Committee and the person charged shall nominate, and the appropriate
Vice President/Provost shall select, within fifteen (15) working days, a panel of not fewer than
three members to investigate the complaint. The panel shall include at least one faculty member,
and at least one College employee in the same employee classification plan as the person charged
(if (s)he is not a faculty member), and shall include persons who have knowledge of the field of
research of the person charged. The panel may include members from outside the College,
including experts if necessary. The panel may not include anyone with a potential conflict of
interest in the case. No member of the Standing Committee shall be a panel member. The person
charged shall have at least three (3) days to object to the panel's proposed membership and the
appropriate Vice President/Provost may at his/her discretion alter proposed membership, with or
without soliciting additional nominations, or confirm proposed membership over objection.
1. The panel shall select its own chair at the first meeting. One panel member shall be
assigned by the chair to keep notes of each meeting. All panel meetings are closed meetings,
open only to the panel and those invited or requested to attend by the panel.
2. Invitation to Attend Proceedings. The person charged shall have the opportunity to provide
oral testimony to the panel at least once before the investigation is completed. In addition to
responding to panel questions, the person charged may submit additional statement(s) and/or
written material or other exhibits to the panel. To expedite the fact-finding mission of the
panel, the panel may invite the person charged to be present when oral testimony from
witness(es) is taken. Whether or not (s)he is invited to be present, the person charged shall be
allowed to submit questions for any witness to the panel for consideration; however, the
nature and extent of the actual questioning permitted is at the discretion of the panel.
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3. Right to Have Assistance of a Lawyer or Other Person. The person charged shall also have
the right to be accompanied by a lawyer or any other person when appearing at a proceeding
of the panel. The role of such lawyer or other person is as an advisor only, and the advisor
may speak to and consult with the person charged, but may not serve as advocate, question
witnesses or panel members, or otherwise participate in the proceedings. If the person
charged wishes to have a lawyer present, he or she shall give the panel advance notice in
writing. In the event that the person charged chooses to be accompanied by a lawyer, the
University may be asked to provide a lawyer to assist the panel. The College lawyer's role at
a proceeding shall be subject to the same limitations noted above for the lawyer or other
person accompanying the person charged.
4. Collection and Examination of Evidence. The panel shall collect and examine evidence to
determine relevant facts. Upon request of the panel, the person charged shall submit
information relevant to the allegations of misconduct, which may include, but not be limited
to:
a. Research papers and notebooks, logs, source documents, computer printouts, and
machine-readable materials, or any other records in whatever form.
b. A list of all current and former collaborators and co-workers.
c. A list of published abstracts, papers and books, and copies of abstracts, papers and
books submitted for publication or under review.
d. A list of reports and grant applications submitted to outside foundations and funding
agencies, and copies of such reports and applications. The panel may inspect the log
materials, research notebooks, and other research materials of the person charged, and
may take written or oral evidence from that person and from other individuals, both
within and outside the College. Copies of any written material or other exhibits
presented to the panel shall be provided to the person charged, or when that is not
feasible, made available to him/her for inspection. Judicial rules governing the
admissibility of hearsay evidence, authentication of documents, and the like shall not
govern the investigation of the panel except insofar as the panel chooses to adopt them.
The panel is expected to consider matters such as relevance, competence, and reliability
of evidence as necessary.
e. Confidentiality. The chair of the panel shall be the custodian of all records made or
received by the panel. Access to such records will be limited to members of the panel,
chair of the Standing Committee, the appropriate Vice President/Provost, the President,
and the General Counsel, unless the chair of the panel is otherwise advised by the
General Counsel. It is the responsibility of the chair of the panel to seek advice from the
Office of the General Counsel immediately upon receipt of any request for inspection or
copying. Confidentiality of all information and documents will be maintained to the
fullest extent allowed by law.
f. Preparation of the Panel Report. After the investigation is completed, the panel shall
prepare a report which summarizes the relevant evidence presented and its findings of
fact. The report must include reference to any evidence of provision of false information
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or testimony, or suppression of relevant evidence, by any person. The panel shall submit
its final report to the Standing Committee on Research Misconduct within forty-five (45)
working days after it receives the case.
4. Review of Panel Report by the Standing Committee. The Standing Committee shall
provide a copy of the panel report to the person charged. Upon request made within five (5)
days of receipt of the Panel Report, the person charged shall be granted a meeting with the
Standing Committee to present an oral response to the Panel Report. The meeting will be
held no sooner than ten (10) nor later than twenty (20) days after receipt of the request. If no
meeting is requested, the person charged shall be allowed fifteen (15) working days from
receipt of the Panel Report to submit a written response. After its review of the panel's report
and the response of the person charged, if any, the Standing Committee will accept, or reject,
the panel's findings, and may remand the case to the original panel with instructions for
further consideration or investigation, or nominate new panel members for re-review.
5. Report of the Standing Committee. The Standing Committee shall issue its report within
fifteen (15) working days after receiving the oral or written response of the person charged
(if any), or within fifteen (15) days of the expiration of the response period if none is
received. The report of the Standing Committee will include a summary of its review of the
panel report, and an explanation of any rejection of findings. The report shall include a
description of the policies and procedures under which the investigation was conducted, how
and from whom relevant information was obtained, findings, basis for any findings, and an
accurate summary of the views of any person found to have engaged in misconduct. The
Standing Committee will (within 120 days of initiation of the investigation) provide a copy
of its report, the panel report, and the comments of the person charged to the appropriate
Vice President/Provost, who will be responsible for releasing the information to the
following:
a. The person charged.
b. The appropriate Dean or Director.
c. Any granting agencies or sponsors involved in the case, through the President.
(3) Determination of Misconduct
(a) While it is the purpose of the Standing Committee only to investigate and determine factual
matters, the Committee may use its knowledge of the case to advise on disciplinary action and
other issues stemming from the investigation. Such recommendations are to be presented in an
advisory capacity, and are not binding. The appropriate Vice President/Provost shall consider
sanctions set forth in regulations of granting agencies in assessing appropriate College action.
(b) The appropriate Vice President/Provost or designee will be responsible for the determination
of whether the facts found constitute misconduct and what disciplinary action, if any, will be
taken against the person charged or any other College employee(s) as a result of the investigation.
The appropriate Vice President/Provost is responsible for implementation of the applicable
procedures regarding discipline and/or evaluation, and for notifying the President of any such
action. The President shall notify any granting agencies or sponsors of any such sanctions,
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notwithstanding College policy pursuant to F.S. Sec. 1012.91. (F.S. Sec. 1012.91 is the Florida
statute describing limits on access to College employees' evaluative personnel records).
(c) If any disciplinary action is taken, the burden of proof shall be on the College, and the person
charged may seek review through applicable grievance, complaint, and/or litigation procedures
provided by collective bargaining agreement, College or Board of Education rule, and/or
applicable law or regulation.
(d) If the allegations of misconduct were found to have been maliciously motivated, appropriate
disciplinary action may be taken against those responsible for making the allegations. If the
allegations were found to have been made in good faith, regardless of whether they were
substantiated, no disciplinary measures may be taken against the person who brought the charges,
and warnings against retaliatory actions may be advisable.
(4) Coordination of Investigation with Other Institutions. If the President has reason to believe that
any person currently or formerly associated with the College is under investigation elsewhere for
research misconduct, (s)he may request a report from the investigating institution as to the status of
the inquiry. If a person currently or formerly associated with the College has been found to have
engaged in research misconduct at another institution, the President may request the Standing
Committee to form a panel to investigate whether any work done at the New College of Florida
involved similar research misconduct. The panel shall operate under the procedures set out in this
policy, and shall coordinate its investigation with those undertaken by any other institution.
History: ????
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4-6301 Research and Research Grants
(1) New College of Florida encourages research and creative scholarship as integral parts of
intellectual and professional enrichment of the faculty, staff, and students. Such activity adds to the
general good of society and enables the College to become a source of intellectual leadership.
(2) All requests to outside agencies for funding of specific projects shall be routed through the
Provost or his/her designee. Procedures to be followed are described in the Principal Investigator’s
Handbook. Copies are available in the Office of Research Programs and Services (ORPS) or the
ORPS web page.
(3) All requests from an outside agency to perform a funded project that involve participation by
students, staff, faculty, or the use of campus facilities, are to be referred to the Provost or his/her
designee.
History: Adopted as NCF policy 0-304 on 4-27-02. Revised and renumbered 5-15-10. Renumbered 6-2910.
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4-6302 Administration of Subcontracts and Subagreements
(1) This regulation provides direction for ensuring the appropriate administration of sponsored
research subagreements at New College of Florida.
(2) Grants and contracts received by principal investigators and awarded to NCF to conduct
sponsored research may include components of work to be performed by collaborating investigators
at separate institutions. When this occurs, a third-party sponsored research subagreement is required
and shall include
(a) An executed subagreement between the concerned parties and,
(b) A purchase order issued by the College system to the subrecipient.
(3) Subagreements are used to convey both grant (financial assistance) and contract (procurements)
funding received by NCF from federal, state, industry and private sources.
(4) This regulation is intended to
(a) ensure consistency between policy and practice;
(b) articulate areas of responsibility for the Office of Research Programs and Services (ORPS),
the Business Office (department responsible for sponsored research financial management),
principal investigators and divisions and
(c) to identify monitoring and audit requirements for subrecipients.
(5) Where execution of a subagreement is required or deemed advisable, ORPS will produce,
negotiate, and execute a cost reimbursable or deliverable-based subagreement that ensures the
technical requirements of the prime agreement are met.
(6) Subrecipient cost and pricing documentation will be maintained by ORPS and approved by the
principal investigator.
(7) ORPS will request from those subrecipients, covered under OMB A-133, a copy of the most
recent audit as required by A-133. Non-A-133 subrecipients will provide a copy of their most recent
independent audit for review.
(8) The Business Office at the College will review the audit reports and take appropriate follow-up
steps as required based on any relevant audit findings.
(9) ORPS will coordinate the acceptability of payment and billing terms and procedures with the
Business Office. Payment and billing terms will generally follow the payment and billing terms of
the prime sponsor.
(10) ORPS will also secure the approval of the principal investigator for the subagreement document.
When appropriate, sponsor terms and conditions regarding rebudgeting will apply to the
subagreement.
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(11) Subagreement templates will be reviewed by NCF’s general counsel to ensure that the terms and
conditions are consistent with applicable laws and regulations. The general counsel will approve or
modify subagreement templates to legally acceptable language, coordinating such changes with
ORPS.
(12) ORPS will coordinate additional reviews with appropriate units when the subagreement contains
non-standard language that may be in conflict with NCF or federal regulations.
(13) ORPS will secure the appropriate signatures of the subrecipient and will execute or cause to be
executed the subagreement on behalf of NCF, under authority delegated by the NCF president.
(14) ORPS will transmit one copy of a fully executed original to the subrecipient. One copy of the
subagreement will be sent to the principal investigator, and one copy to the Business Office.
(15) ORPS, in concert with the principal investigator will initiate a purchase requisition to the
Purchasing Office with the subagreement document attached to and made a part of the purchase order
which will be issued to ensure that funds are properly available in the subagreement and that said
funds are properly encumbered and dedicated to the purpose of this procurement.
(16) The principal investigator will be responsible for monitoring and ensuring the technical
performance of the subrecipient and will certify to this performance prior to the payment of any
invoices by the Business Office. ORPS will retain the supporting documentation for the
subrecipient’s performance.
(17) Invoices for payment to subrecipients will be submitted by the principal investigator or the
Division to ORPS for compliance review and then ORPS will process and forward required
documentation to the Business Office at New College referencing the purchase order and
subagreement under which the remittance is to be made. The subrecipient’s services must be
received prior to payment processing. The invoice will be signed by a subrecipient employee who is
knowledgeable and authorized to do so, such signature attesting to the accuracy of the invoice and
that the deliverables or expenditures for which reimbursement is sought are in accordance with the
subagreement and were made solely for the performance of the subagreement.
(18) Documentation required for invoicing is outlined below.
(a) For all Florida agencies and subdivisions as defined in Section 768.28, Florida Statutes:
Subrecipients must submit an itemized invoice using the same cost/deliverable categories that
appear in the approved and executed subcontract budget. The State of Florida regulates general
administrative and audit standards for state agencies and the State University System
institutions; therefore, supporting documents for cost reimbursable subagreements do not have to
be submitted to the College. Rather, receipts and other documentation in support of itemized
invoices must be maintained in the subrecipient’s records as they are subject to inspection by
State of Florida officials.
(b) For all other subrecipients:
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1. Subrecipients with cost reimbursable subagreements must submit an itemized invoice
using the same cost categories that appear in the approved and executed subagreement
budget.
2. Subrecipients with cost reimbursable subagreements must maintain detailed
documentation in support of the expenditures and deliverables shown in the invoice.
3. Subrecipients with d eliverable-based subagreements will not be required to provide cost
documentation. Subrecipients with acceptable audits will maintain receipts and other
documentation in support of itemized invoices in their records and are subject to
inspection/review by New College of Florida officials upon request.
(19) The principal investigator will examine the invoice and may request additional documentation to
determine that charges are consistent with work performed and are in accordance with the prime
agreement terms and conditions.
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4-6303 [0-303] Sponsored Research, Exemptions from General Accounting and Purchasing
Procedures
This policy was designed to describe New College of Florida procedures for the administration of
Sponsored Research Exemptions as provided for by Florida Statutes. References include the Board of
Education Standard Practice 00-0000-2-04-01, Exemptions from General Accounting and Purchasing
Procedures. Florida Statutes 1004.22
(1) General Procedures
(a) Florida Statute 1004.22(7) allows the College in particular instances to exempt the purchase
of materials, supplies equipment or services for research purposes from general purchasing
requirements. Also, Florida Statute 1004.22(10) provides that: "The operation of the divisions of
sponsored research and the conduct of the sponsored research program are expressly exempted
from the provisions of any other laws or portions of laws in conflict herewith and are, subject to
the requirements of subsection (7), exempted from the provisions of chapters 215 [Financial
Matter], 216 [Planning and Budgeting], and 283 [Public Printing and Stationery]."
(b). The exemption may only be exercised when the Provost certifies to the President/designee
that in a particular instance, the exemption for the purchase of materials, supplies or equipment is
necessary for the efficient or expeditious prosecution of a sponsored project . The certification
will be in the form of a memorandum in the format given in Exhibit 1. The memorandum will:
1. State the necessity for exemption.
2. Specify the legal or procedural requirements to be set apart.
3. Define the purchase, contract, award, project, or interrelated activities for which the
exemptions are being given, specifically identifying the project title and number, contract
title and number, etc., as appropriate.
(c) Payments made for purchases or other actions under a sponsored research exemption may not
subsequently be reimbursed from other College funds.
(2) Exemption Criteria. The Provost may exempt a contract from certain general requirements of law
and practice by certifying to the President that one or more of the following conditions exist:
(a) Competitive Bidding. The Principal Investigator must submit a memorandum to the Provost
requesting a sponsored research exemption. The memorandum must contain a detailed
justification for the request and evidence that some form of price comparison or determination of
price reasonableness has been performed. If the vendor is a governmental agency, the acquisition
is excluded from competitive bid requirements. The request may be considered when:
1. A certain vendor is specified in a prime contract or grant award.
2. A certain vendor is approved in writing by the prime contractor or granting agency in
accordance with the provisions of the prime contract or grant award.
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3. The purchase of specific goods or services from a certain vendor can be demonstrated to
be more efficient or expeditious based on compatibility, availability, or the current
capabilities of the Principal Investigator and staff.
be necessary to meet the time requirements of the prime contract or grant award.
be mandated by scientific or technical requirements.
be at a cost below industry norms.
7. Other conditions which can be demonstrated to meet the statutory criteria of "necessary for
the efficient or expeditious prosecution of a research project." The specific condition must be
fully explained.
(b) Confidentiality. The prime contract, grant award, or subcontract contains a confidentiality
clause requiring the research materials to be exempt from public scrutiny, or if it is determined
that, pursuant to Subsection 240.241(2), Florida Statutes, the research activity necessitates an
exemption from public scrutiny.
(c) Documentation and Advance Payments
1. Documentation
a. The level of detail and documentation for reporting and payment required by the prime
contractor or granting agency in the provisions of the prime contract or grant award (or
approved in writing by the sponsor) is less than that required by the State of Florida.
b. When an exemption from the general provisions of Chapter 215, Florida Statutes, and
related rules and practices is authorized, subcontractors' invoices shall contain a level of
detail that is commensurate with the level of detail and reporting required of the College
by the prime contract of grant award.
c. It is not necessary for copies of receipts to be obtained or submitted with the voucher
to the State Comptroller for the payment of such invoices, if the invoice contains a
statement certifying that receipts in support of the itemized invoice are maintained in the
contractor's records and may be inspected by officials of the State of Florida.
2. Advance Payments
a. The subcontractor or vendor requests an advance payment and it can be demonstrated
that the advance payment is necessary to fund extensive start-up costs, realize discounts
or cost savings, or create adequate cash flow in order to provide required goods or
services.
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b. The College shall retain the documentation justifying advance payments in the
Provost’s Office. The Principal Investigator is responsible for determining that all
goods/services, for which an advance payment has been made, are satisfactorily
received.
c. When an exemption from the general provisions of Chapter 215, Florida Statutes, and
related rules and practices for documentation or advance payment is authorized, the
provisions of a contract between the College and the subcontractor must include
essentially the following language: "The Contractor agrees to return to the College any
over payments due to unearned funds or funds disallowed pursuant to the terms of this
Contract or by the College, such funds shall be considered within 45 days following the
time the overpayment and/or disallowance is discovered unless otherwise authorized by
the College in writing. In addition, the Contractor agrees to exclude from its expenditure
reports and any other claims for reimbursement any amounts disallowed by the prime
agency and the College in accordance with the terms of this Contract."
d. Travel. Non-State of Florida personnel performing travel under a sponsored research
subcontract may be reimbursed for travel expenses in accordance with the provisions of
the applicable prime contract or grant and the travel allowances established by the
subcontractor.
e. Other conditions which can be demonstrated to meet the statutory criteria of
"necessary for the efficient or expeditious prosecution of a sponsored project." The
specific condition must be fully explained.
(3) Execution and Distribution
(a) If the request is for an exemption from the competitive bid requirements, the Principal
Investigator will submit the request for the sponsored research exemption. This should be
accompanied by the requisition and any additional essential documentation, and sent to the
Provost, allowing sufficient time for adequate review of the request.
(b) Request for other sponsored research exemptions may be initiated by the Principal
Investigator, the Provost, or others as appropriate.
(c) The Provost will review the request for sponsored research exemption to determine if all of
the required conditions have been met. The certification will be prepared by the Provost, signed
by the Provost and forwarded to the Controller.
(d) Prior consent to a sponsored research exemption by the Controller is not required, although
the Director's advice and counsel may be sought.
1. The Controller will be responsible for compliance with State of Florida and College rules
and regulations. Further, if the Controller has knowledge of any information that would
impact the use of a sponsored research exemption, the Provost should be contacted prior to
issuance of the purchase order.
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2. Any purchase orders issued under a sponsored research exemption will contain a
statement to this effect.
3. The Controller will forward a copy of the certification, along with a copy of the contract
and/or purchase order to the College Controller's Office. The College Controller's Office will
forward a copy of these documents to the State Comptroller as an attachment to the voucher
for the payment of the first invoice.
(e) A copy of the Sponsored Research Exemption Certification and any supporting
documentation will be maintained in the Provost.
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4-6304 Fiscal Misconduct in Sponsored Research
In recent years, the issue of misconduct in research has become a matter of concern to research
institutions, individual scientists, sponsors of research, including the federal government and the general
public. Several categories of misconduct are recognized by federal government agencies in
reporting/accountability documents including fiscal and scientific misconduct. Fiscal misconduct in
research is the subject matter of this statement and may result from mismanagement of research monies
and personnel by contract and/or grant recipients, employees, or other related persons.
(1) It is the intention of the College that all research conducted by its faculty, students or other
associates will comply with generally accepted ethical and legal standards for accounting and
accountability in research.
(2) This regulation establishes procedures for reporting and inquiring into possible fiscal misconduct
in research when it is believed those ethical and legal standards are not being met at New College of
Florida.
(3) The responsibility for implementing and overseeing these procedures lies with the College’s
president. The responsibility for conducting inquiries into allegations of misconduct lies with the
responsible administrative official as defined in part II of this document. Responsibility for
determination of appropriate discipline or evaluative actions in response to a finding of fiscal
misconduct remains with the Provost.
(4) These procedures are applicable to all cases of alleged or apparent fiscal misconduct in research at
the College.
(5) Fiscal misconduct in research is defined as:
(a) fabrication or falsification of fiscal or personnel data;
(b) intentional disregard for College, state or federal policies and procedures and/or grant or
contracting agency/entity requirements, including requirements related to use of grant funds,
personnel or equipment;
(c) other deliberate actions that deviate from commonly accepted practices in the course of
proposing and administering research projects; or
(d) negligent administration of research projects.
(6) The procedures for reporting and inquiring into allegations of fiscal misconduct in research are
presented below. The interests of the person charged with fiscal misconduct, the College, and any
agencies or sponsors involved with the research are served best by a rapid and thorough inquiry into
all allegations.
(a) Each person having access to any materials related to allegations of fiscal misconduct in
research shall maintain such information in confidence to the maximum extent possible under
applicable law consistent with carrying out the procedures set forth herein.
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(b) Altering, modifying, concealing, or destroying related information or records by any person
may be a criminal violation, may result in discipline for misconduct and may violate the Code of
Ethics for state employees.
(c) Any person who has reason to believe that an individual has engaged in an act of fiscal
misconduct in research at the College should report that act to the responsible administrative
official having supervisory authority for the person so charged.
1. Usually, the responsible official will be the division chair.
2. For administrative units in which there are no departments or when the person charged is a
division chair, the report would typically be made to the Provost.
3. Charges against Directors or Deans should be reported to the Provost. If such charges are
reported to any other person, that person should refer the report directly to the appropriate
administrative official.
(d) Reporting - Summary of Allegations.
1. The administrative official shall promptly provide to the president a verbal summary of the
allegations. Based on this summary, the president will determine if a contracting or granting
agency must be notified and whether or not there is a reasonable indication that a possible
criminal violation has occurred, in which case investigation by the Campus Police may be
initiated. In making these determinations, the president may seek advice and counsel from
the general counsel and other appropriate administrative officials.
2. The administrative official shall provide the person charged with a verbal summary of the
allegations, and invite response of the person charged, unless the administrative official has a
good-faith belief that evidence of the alleged fiscal misconduct will be destroyed or that the
inquiry will otherwise be compromised by informing the person charged, in which case
advice may be sought from the general counsel and/or the Campus Police, as appropriate.
(e) The Initial Inquiry. The administrative official shall promptly initiate and conduct a
preliminary informal inquiry that may include gathering information and records, and conducting
interviews. During the inquiry, the administrative official should consider the content and
reliability of the information (e.g., degree of specificity, supporting documentation, etc.) and any
prior knowledge of the individuals and events associated with the possible fiscal misconduct. The
administrative official conducting the inquiry is authorized to consult with any person whose
advice (s)he finds appropriate. This includes consulting with the Vice President for Finance and
Administration.
Throughout the inquiry, the administrative official shall take reasonable steps to obtain or
preserve the information and records necessary to make a determination in the matter and to
protect the anonymity of the person bringing charges, in order to protect him/her from possible
reprisals. In all cases where testimony of the person bringing charges is essential or contains
important evidence, that person must provide a written and signed statement of charges. If
reprisals are brought against the person making charges, the College shall take appropriate action
in conformance with College regulations and State and Federal law.
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(f) Initial Inquiry Results. After completing the inquiry, the administrative official will present a
written report containing a statement of the evidence reviewed, summaries of relevant interviews,
and his/her conclusions to the Provost and the general counsel for their information, and to the
president to determine if further inquiry is warranted. This report will also be used in determining
necessity of reporting to granting or contracting agencies.
(g) Findings—Procedures.
1. Finding of No Misconduct. If it is determined by the president that no further inquiry is
warranted, the initial inquiry report and all other documents concerning the inquiry will be
kept in a file separate from the personnel file of the person charged, with access limited to
the fullest extent permitted by law, including but not limited to, Florida Statutes, Section
1012.91, that provides for release of evaluative employee information only upon the
employee's authorization, court order, or for use by College officials in discharge of official
duties. The inquiry will not be mentioned in the personnel file of the person charged. The
person charged will be notified that the charges have been dismissed and shall be given a
copy of the report. In addition, the person making the charges will be informed that the
charges have been dismissed. If the person making the charges feels that the charges have
been dismissed prematurely, (s)he may request that the next higher administrative official
review the matter.
2. Findings of Misconduct. If it is determined by the president that there is fiscal misconduct,
the president shall direct the administrative official to forward the written inquiry report and
all records and information in the matter to the Provost, the president and the general
counsel. The president, in consultation with the general counsel and other appropriate
administrative officials, will determine whether or not the alleged fiscal misconduct in
research may be an indication of possible scientific misconduct in research, as defined in
New College of Florida Policy 0-301 Misconduct in Research. New College of Florida
Policy 0-301 defines misconduct in research as fabrication or falsification of data,
plagiarism, or other practices which seriously deviate from commonly accepted practices in
proposing, carrying out, or reporting research.
a. If the president determines that the alleged fiscal misconduct should be inquired into
as possible scientific misconduct, the president will return the written inquiry report and
all records and information in the matter to the person conducting the initial inquiry for
re-evaluation of the allegations under New College of Florida Policy 0-301 Misconduct
in Research which will supersede this regulation. All further inquiries will be conducted
pursuant to New College of Florida Policy 0-301.
b. If the president deems that the alleged fiscal misconduct should not be inquired into as
possible scientific misconduct, the president will forward the written inquiry report and
all records and information in the matter in his/her possession, along with any
recommendations, to the Provost. The responsibility for determination of appropriate
discipline or evaluative actions in response to a finding of fiscal misconduct resides with
the Provost.
History: Adopted as NCF policy 0-306 on 4-27-02; Revised and renumbered 5-15-10.
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4-6305 Use of Human Subjects in Research.
(1) The following broad principles are the basis for the development of New College’s regulations
concerning review of research involving humans.
(a) The direct or potential benefits to the subject, and/or the importance of the knowledge gained,
must outweigh the inherent risks to the individual.
(b) Participation in the project must be voluntary and informed consent must be obtained from all
subjects, unless the Institutional Review Board waives the requirement.
(c) A subject has the right to withdraw from a research project at any time or may refuse to
participate without loss of benefits to which the subject would be otherwise entitled.
(d) Safeguarding information about an individual that has been obtained in the course of an
investigation is a primary obligation of the investigator.
(e) No distinctions in the approval and monitoring of projects will be drawn between funded and
non-funded projects, sponsored and unsponsored projects, or on-campus or off-campus projects,
except for requirements concerning reporting information to a funding agency.
(2) Safeguarding the rights and welfare of human subjects in research is a general institutional policy
delegated by the President through the Provost to the Institutional Review Board (IRB). Any research
project involving human subjects that is conducted by College faculty, staff, or students, or that takes
place on the New College property, is subject to review and approval by the IRB. In order to approve
proposed research protocols, the IRB shall determine that all of the following requirements are
satisfied:
(a) Risks to subjects are minimized by utilizing instruments or procedures that are consistent with
sound research design. In addition, researchers do not unnecessarily expose subjects to risks, and
whenever appropriate, use instruments or procedures already established for learning, diagnostic,
or treatment purposes.
(b) Risks to subjects are reasonable in relation to the anticipated benefits, if any, to subjects, and
the importance of knowledge that may be reasonably expected to result. In evaluating risks and
benefits, the IRB shall consider only those risks and benefits that result from the research (as
distinguished from risks and benefits of interventions subjects would receive even if not
participating in the research).
(c) Selection of the subjects is equitable. In making this assessment, the IRB shall take into
account the purposes of the research and the setting in which the research will be conducted.
(d) Voluntary informed consent will be sought from each prospective subject or the subject’s
legally authorized representative, in accordance with, and to the extent required by (make part of
hyperlink)45 CFR Part 46.116.
(e) Informed consent will be appropriately documented, in accordance with, and to the extent
required by 45 CFR 46.117.
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(f) Where appropriate, the research methodology includes adequate provisions for monitoring
data collection and storage in an attempt to insure the subjects’ safety. If any serious breech in
the procedure or harmful event occurs with a subject it should be reported to the IRB as soon as
possible.
(g) Where appropriate, adequate provisions are included to protect the privacy and confidentiality
of subjects and data. Where some or all of the subjects are likely to be vulnerable to coercion or
undue influence, such as subjects with acute/chronic physical and/or psychological impairment,
or subjects who are economically or educationally disadvantaged, appropriate safeguards must be
included in the study in order to protect their rights and welfare.
(3) The ethical conduct of research is a shared responsibility. It requires cooperation, collaboration,
and trust among the institution principal investigators, research associates/assistants, participating
subjects, and the IRB. A clear delineation of the responsibilities for each of these parties can help
protect the participants who volunteer for research.
(4) New College of Florida (NCF), Office of Research Programs and Services (ORPS) serves as the
office of record for all NCF IRB activities, and, hereafter, may be referred to as the IRB
Administration or IRB Office.
(5) NCF Institutional Responsibilities. It is the responsibility of NCF to assure Federal Agencies in
writing that it will comply with regulations governing the protection of human subjects. As part of its
written Assurance to the government, NCF must develop policies and procedures for conducting
human subject research in a responsible and ethical fashion, including how research will be reviewed
by the IRB, the reporting of unanticipated problems to the IRB and appropriate regulatory bodies, and
other issues.
(6) The Provost serves as the Institutional Signatory Official for NCF’s Assurance and is ultimately
responsible for overseeing the protection of human subjects within NCF. The Institutional Signatory
Official must also maintain open channels of communication between the IRB, research investigators
and staff, and administration, and provide the IRB with sufficient meeting space and staff to support
its substantial review and record keeping responsibilities.
(7) The Director of Research Programs and Services is designated as overall Human Protection
Administrator (HPA) for NCF’s IRB and is responsible for ensuring that it functions and operates
within compliance with all Federal, State, and local laws and regulations that govern human subject
protection.
(8) The HPA is responsible for immediate notification of the Chair of the IRB as well as the Provost
regarding any injury, breach of trust, unanticipated problem involving risks to subjects or others,
serious or continuing non-compliance with IRB requirements by research investigators, or suspension
or termination of IRB approval. The Provost is responsible for notifying OHRP of such incidents in
accordance with applicable Federal regulations.
(9) The Institutional Review Board (IRB). An IRB is an appropriately constituted group formally
designated to review and monitor research involving human subjects. In accordance with the
Common Rule, the IRB has responsibility for approving, determining modification (to secure
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approval), or disapproving research. The IRB has authority to suspend or terminate research for
continued noncompliance with the Common Rule or its own findings, determinations, and initial and
continuing review procedures. Note that protections for human subject involved in research are
required by the Department of Health and Human Services (HHS) regulations. 45 CFR 46 Subpart A
of the HHS regulations constitutes the Federal Policy (Common Rule) for the Protection of Human
Subjects, which has been additional adopted by 16 Executive Branch Departments and Agencies.
(10) The Principal Investigator. As the individual responsible for the implementation of research, the
principal investigator (whether faculty or student) bears direct responsibility for protecting every
research subject. This responsibility starts with protocol design, which must minimize risks to
subjects and maximize benefits. In addition, the principal investigator and all members of the
research team must comply with the findings, determinations, and requirements of the IRB. The
principal investigator must also be responsible for the adequacy of both the informed consent
document and the informed consent process, regardless of which members of the research team
actually obtain and document consent. Principal investigators must ensure:
(a) Completion of adequate training, currently offered through the CITI training module, prior to
undertaking human subject research;
(b) all human subject research conducted at NCF or as employees or agents of NCF has received
prospective review and approval by the IRB;
(c) approval and continuing review (if applicable) of the research has been secured in a timely
fashion; and
(d) the research is conducted in compliance with all applicable Federal, State, local, and college
regulatory requirements and with the findings, determinations, and requirements of the IRB
(11) No changes to approved research may be initiated without prior IRB approval, except where
necessary to avoid potentially immediate hazards to subjects. Where the investigator believes that a
proposed change is so trivial that IRB review is not required, the investigator should contact the IRB
for confirmation before initiating the change. The principal investigator must notify subjects of all
changes that would affect the subject’s willingness to continue in the research project. No research
may be continued beyond the IRB-designated approval period.
(12) Principal investigators must notify the IRB promptly when they become aware of (i) any
unanticipated problems or adverse events involving risks and/or (ii) any issue(s) of noncompliance
with applicable regulatory requirements or determinations of the IRB. In addition to notifying the
IRB, NCF guidelines require that information regarding any adverse event be reported to the research
sponsor.
(13) Other Members of the Research Team. Every member of the research team is responsible for
protecting human subjects. Student researchers and all other research staff have a strict obligation to
comply with all IRB determinations and procedures, adhere rigorously to all protocol requirements,
inform investigators of all adverse subject reactions or unanticipated problems, oversee the adequacy
of the informed consent process, and take whatever measures are necessary to protect the safety and
welfare of subjects.
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(14) Researchers at any level are responsible for notifying the IRB promptly of any serious or
continuing noncompliance with applicable regulatory requirements or determinations of the
designated IRB of which they become aware, whether or not they themselves are involved in the
research.
(15) Research Subjects may be viewed as having certain responsibilities as well. They can be
expected to make every effort to comprehend the information researchers present to them so that they
can make an informed decision about their participation in good faith. While participating, they
should also make every reasonable effort to comply with protocol requirements and inform the
investigators of unanticipated problems. Of course, subjects always have the right to withdraw from
their participation in research at any time and for any reason without penalty or loss of benefits to
which they would otherwise be entitled.
History: Adopted as NCF policy 0-305 4-27-02. Adopted as regulation 5-15-10.
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4-6306 Use of Animal Subjects in Research.
(1) To ensure the ethical use of animal subjects in research, NCF subcontracts the University of South
Florida Tampa for Institutional Animal Care and Use Committee (IACUC) approval of research on
vertebrates.
(2) The University of South Florida system (“USF System”) affirms that respect for all forms of life
is an inherent characteristic of scientists who conduct research involving animals; that the respectful
treatment, care, and use of animals involved in research is an ethical and scientific necessity; and that
the use of animals in research and teaching contributes to the advancement of knowledge and
understanding.
(3) Accordingly, the USF system has established and provides resources for an Animal Care and Use
Program that is managed in accordance with the Animal Welfare Act, Title 9, Code of Federal
Regulations, Subchapter A, “Animal Welfare,” Parts 1-3, and the Public Health Service Policy on
Humane Care and Use of Laboratory Animals.
(4) All research and teaching activities involving vertebrate animals must be conducted in accordance
with the USF system Institutional Animal Care and Use Committee (IACUC) policies, available in
the policies section of the Office of Research & Innovation web site:
www.research.usf.edu/cm/CMDC/IACUCPolicies.pdf.
(5) The Director of Research Practices and Services manages this relationship with USF.
History: Adopted as NCF policy 0-307 4-27-02. Adopted as regulation 5-15-10.
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4-6307 Compensation from Sponsored Research Activities
(1) New College of Florida follows the federal standard for compensation of faculty members who
hold grants or contracts REGARDLESS of the source of funds. (See Office of Management and
Budget Circular A-21, “Cost Principles of Educational Institutions,” (Rev. 5-10-2004): 10.d.
http://www.whitehouse.gov/omb/circulars/a021/a21_2004.html#j)
(2) Salary rates for academic year.
(a) Charges for work performed on sponsored agreements by faculty members during the
academic year will be based on the individual faculty member's regular compensation (typically a
9-month contract). Charges for work performed on sponsored agreements during all or any
portion of such period are allowable at the base salary rate. In no event will charges to sponsored
agreements, irrespective of the basis of computation, exceed the proportionate share of the base
salary for that period. This principle applies to all members of the faculty.
(b) In unusual cases where consultation is across divisional lines or involves a separate or remote
operation, and the work performed by the consultant is in addition to his/her regular divisional
load, any charges for such work representing extra compensation above the base salary are
allowable provided that such consulting arrangements are specifically provided for in the
agreement or approved in writing by the sponsoring agency.
(3) Periods outside the academic year (“summer salary")
(a) Charges for work performed by faculty members on sponsored agreements during the summer
months or other period not included in the base salary period will be determined for each faculty
member at a rate not in excess of the base salary divided by the period to which the base salary
relates, and will be limited to charges made in accordance with other parts of this section. The
base salary period used in computing charges for work performed during the summer months will
be the number of months covered by the faculty member's official academic year appointment.
(b) Charges for teaching activities performed by faculty members on sponsored agreements
during the summer months or other periods not included in the base salary period will be based
on the normal policy of the institution governing compensation to faculty members for teaching
assignments during such periods.
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4-6308 Responsible Conduct of Research (RCR) Training Policy
(1) Basic Principles. New College of Florida is committed to the ethical conduct of research and
is in compliance with Section 7009 of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education and Science (America COMPETES) Act, which
requires that an institutional plan be in place to provide appropriate training and oversight in the
responsible and ethical conduct of research to undergraduate students, graduate students, and
postdoctoral researchers participating in National Science Foundation funded research projects.
(2) Application. The principal investigator (PI) will be responsible for completing and providing
appropriate RCR training to any faculty, post-doctoral employees, and students who are working
on the PI’s NSF-funded projects. At this point, only those students and post docs who are part of
a NSF-funded project are required to undergo RCR training; however, New College encourages
ALL researchers, including the PI, to complete RCR training.
(3) Definitions.
(a) Principal Investigator can also be known as the co-investigator (for collaborative grants)
or the project director and is the faculty member or administrator responsible for directing
the work of the grant project at New College.
(4) Educational training will be offered through online courses as approved by the New College
Office of Research Programs and Services (ORPS).
(5) The core instructional areas (modules) of the Responsible Conduct of Research as indicated
by the U.S. Office of Research Integrity are:
(a) Data Acquisition, Management, Sharing, and Ownership. Accepted practices for
acquiring and maintaining research data. Proper methods for record keeping and electronic
data collection and storage in scientific research. Includes defining what constitutes data;
keeping data notebooks or electronic files; data privacy and confidentiality; data selection,
retention, sharing, ownership, and analysis; data as legal documents and intellectual
property, including copyright laws.1
(b) Conflicts of Interest and Commitment. The definition of conflicts of interest and how to
handle conflicts of interest. Types of conflicts encountered by researchers and institutions.
Includes topics such as conflicts associated with collaborators, publication, financial
conflicts, obligations to other constituencies, and other types of conflicts.
(c) Human Subjects. Issues important in conducting research involving human subjects.
Includes topics such as the definition of human subjects research, ethical principles for
conducting human subjects research, informed consent, confidentiality and privacy of data
and patient records, risks and benefits, preparation of a research protocol, institutional
review boards, adherence to study protocol, proper conduct of the study, and special
protections for targeted populations, e.g., children, minorities, and the elderly.
1
See “PHS Policy on Instruction in the Responsible Conduct of Research”
http://ori.dhhs.gov/policies/RCR_Policy.shtml
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(d) Animal Welfare. Issues important to conducting research involving animals. Includes
topics such as definition of research involving animals, ethical principles for conducting
research on animals, Federal regulations governing animal research, institutional animal
care and use committees, and treatment of animals.
(e) Research Misconduct (fabrication or falsification of data including image manipulation,
plagiarism). The meaning of research misconduct and the regulations, policies, and
guidelines that govern research misconduct in PHS-funded institutions. Includes topics such
as fabrication, falsification, and plagiarism; error vs. intentional misconduct; institutional
misconduct policies; identifying misconduct; procedures for reporting misconduct;
protection of whistleblowers; and outcomes of investigations, including institutional and
Federal actions.
(f) Publication Practices and Responsible Authorship: the purpose and importance of scientific
publication, and the responsibilities of the authors. Includes topics such as collaborative work and
assigning appropriate credit, acknowledgments, appropriate citations, repetitive publications,
fragmentary publication, sufficient description of methods, corrections and retractions,
conventions for deciding upon authors, author responsibilities, and the pressure to publish.
(g) Mentor / Trainee Responsibilities: the responsibilities of mentors and trainees in pre-doctoral
and postdoctoral research programs. Includes the role of a mentor, responsibilities of a mentor,
conflicts between mentor and trainee, collaboration and competition, selection of a mentor, and
abusing the mentor/trainee relationship.
(h) Peer Review: The purpose of peer review in determining merit for research funding and
publications. Includes topics such as, the definition of peer review, impartiality, how peer review
works, editorial boards and ad hoc reviewers, responsibilities of the reviewers, privileged
information and confidentiality.
(i) Collaborative Science: Research collaborations and issues that may arise from such
collaborations. Includes topics such as setting ground rules early in the collaboration, avoiding
authorship disputes, and the sharing of materials and information with internal and external
collaborating scientists.
(6) Only those instructional areas applicable to the grant funded research project are required to
be covered. For example, a chemistry project might not involve the use of human subjects; the
human subjects module would therefore not be required as part of the training.
(7) Administration. Dissemination and administration of these regulations will be the
responsibility of the Office of Research Programs and Services. ORPS will provide support in
developing and offering training and resources to Principal Investigators; track who has been
trained; monitor the regulations; assess the program and make recommendations to the Vice
President of Academic Affairs appropriate; and keep current on federal regulations pertaining to
this regulation
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4-6309 Conflicts of Interest in Sponsored Research
Federal regulations require institutions to have regulations that ensure objectivity in research by requiring
that investigators on federally sponsored research projects disclose any significant financial interests that
may present actual or potential conflicts of interest. In addition, state law provides that no employee of a
state agency (including a state college or university) “shall have any interest, financial or otherwise, direct
or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature
which is in substantial conflict with the proper discharge of his or her duties in the public interest”
(§112.311, Florida Statutes). The Code of Ethics for Public Officers and Employees includes standards of
conduct that prohibit activities that violate state policy (§112.313, Florida Statutes).
This regulation establishes a process that will meet the requirements of state and federal law for the
disclosure and management of actual and apparent conflicts of interest between investigators' sponsored
research obligations and private financial interests.
(1) A New College employee who is responsible for the design, conduct, or reporting of a sponsored
research project must disclose financial or other interests that are, or may be perceived to be, related
to the project. Existing or potential conflicts of interest must be disclosed prior to the submission of a
proposal for funding. Actual or potential conflicts of interest that develop during the conduct of a
funded project must be disclosed as soon as the conflicts occur. If the Director of Research Programs
and Services determines that such interests may affect the design, conduct, or reporting of the project,
steps will be taken to manage or eliminate the conflict.
(2) Definitions.
(a) The Significant Financial Interests Disclosure Form is available through the Office of
Research Programs and Services and on the ORPS web site at
http://www.ncf.edu/uploads/sh/xS/shxSXMT3FPw9Ni2b43Vn3A/NCF-Guidance-on-Conflictof-Financial-Interest.pdf.
(b) Interests means anything of monetary value, including, but not limited to: salary or other
payments for services; consulting fees; honoraria; reimbursement of expenses; royalty payments;
dividends, or any other payments or consideration; equity interests (e.g., stocks, stock options, or
other ownership interests); intellectual property rights (e.g., patents, copyrights and royalties
from such rights, trademarks, and trade secrets); a position as director, officer, partner, trustee, or
member of board of directors; and other related interests or activities of the investigator (and the
investigator’s spouse and dependent children) that possibly could affect, or be perceived to affect,
the results of the research or educational activities funded or proposed for funding. The
investigator's interests are related to a research project if the work to be performed on the project,
or the results of such work, can be expected to have an impact on the investigator's interests.
(c) Exclusions include
1. Income received as salary or other remuneration from New College of Florida.
2. Income from seminars, lectures, or teaching engagements sponsored by public or nonprofit
entities.
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3. Income from service on advisory committees or review panels for public or nonprofit
entities.
4. Stocks held in a diversified mutual fund; or stocks that, when aggregated for the
investigator and investigator’s spouse and dependent children, do not exceed $10,000 in
value and do not represent more than a 5% ownership interest in any single entity.
(d) Investigator means the principal investigator and any other person who is responsible for the
design, conduct, or reporting of the research.
(3) Disclosure Requirements.
(a) Initial Submission of Research Proposals. An investigator submitting a sponsored research
proposal to ORPS must follow the instructions at the following URL:
http://www.ncf.edu/uploads/sh/xS/shxSXMT3FPw9Ni2b43Vn3A/NCF-Guidance-on-Conflictof-Financial-Interest.pdf).
If the investigator has any interests to disclose, a Significant Financial Interests Disclosure Form
must be completed, signed by the investigator’s supervisor or program leader, and submitted with
the research proposal to ORPS. If the investigator is participating in research supported by the
National Institutes of Health (NIH) or National Science Foundation (NSF), the investigator must
complete the Significant Financial Interests Disclosure Form regardless of whether the
investigator has any interests to disclose.
(b) Annual Updates/Change in Status of Interests. During the course of their research,
investigators must provide updates on the status of their interests, annually or within sixty (60)
days of acquiring new interests, by filing a new Significant Financial Interests Disclosure Form
with ORPS for each sponsored research project. Investigators who have completed the
Significant Financial Interest Disclosure Form because the investigator is participating in
research supported by NIH or NSF must complete the Significant Financial Interest Disclosure
Form annually regardless of whether the investigator has any interests to disclose.
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4-7001 [12-001] College Library
The New College of Florida’s library is the Jane Bancroft Cook Library. The Library provides access to
information resources to fulfill the instructional, research, and artistic needs of students, faculty, and staff
of the College. In addition, the Library also has a responsibility to serve the educational, cultural,
scientific and economic information needs of the citizens of the College’s service area and the national
academic community. The Library upholds the philosophy stated in the Library Bill of Rights and strives
for consistency with the ARL/ACRL Standards for University Libraries.
(1) Type of Materials Collected.
(a) The Library promotes and facilitates effective use of information through instruction and
reference functions. The Library is responsible for collecting books, microforms, media, and
archival material. Information in some formats may be more suitably housed in related facilities.
(b) The Library acts as a clearinghouse to direct users to the appropriate service point. The
Library also provides access to materials through intra and interlibrary loan to appropriate user
groups.
(c) The Library pursues a policy of cooperative collection development among the libraries to
maximize the use of library material funds and to reduce unnecessary duplication. The Libraries
will supplement access via cooperative use of centrally located, electronically available
databases.
(2) Development of Collections. Collections are developed in recognition of the overall commonality
of goals and of specialized needs of the College campus. Materials selection is done by librarians in
partnership with faculty and other user groups. Library policies and practices shall govern the
collection scope of each program area based on factors such as availability of funds, size of the
program, level of degree offered, faculty research, etc.. In accordance with existing procedure,
proposals for new courses will include a plan for library support. Proposals for new programs will
include a statement indicating library resources available and those needed for support.
(3) Library Acquisition. The procedures for the acquisition of materials, as well as provisions for
their use are under the supervision of directors of the respective libraries. Expenditure of special
funding sources, e.g. foundation dollars will be at the discretion of each library.
History: Adopted as NCF policy 12-001 on 4-27-02.
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Chapter 5 – Admissions and Financial Aid
The mission of the Office of Admissions and Financial Aid is to identify, recruit, enroll, and provide
appropriate financial assistance to a diverse population of high ability students, with the potential to
benefit from, and contribute to, NCF’s education program as described in the College’s mission
statement. To maintain this mission, the Office has the following goals:
(1) To develop and maintain an enrollment profile consistent with a nationally recognized public
liberal arts honors college.
(2) To aid prospective students, their families, and advisors by providing comprehensive information,
interactive experiences, and individualized counseling regarding the NCF academic program.
(3) To counsel prospective, new, and continuing students and their families about the sources and
availability of financial aid.
(4) To aid prospective, new, and continuing students and their families by assisting them in obtaining
aid through federal, state, local, and private agencies.
(5) To provide accurate and efficient delivery of financial aid funds.
(6) To continue adherence and compliance with the principles of good practice as set forth by the
National Association for College Admission Counseling and by the National Association of Student
Financial Aid Administrators, as well as all local, state, and federal regulations.
History: Created as regulation 5.01 on 6-16-07; Revised and renumbered 10-7-09.
NCF Regulations Manual, Chapter 5 – Admissions and Financial Aid
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5-1002 Definitions
“Financial Aid” and “Financial Assistance” shall mean programs relating to internal and external
scholarships, grants, loans, student employment, and fee waivers.
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5-1003 Regulation Purpose
The purpose of this regulation is to establish NCF’s guidelines for recruitment, selection, and enrollment
of new students; and financial assistance to prospective, new, and continuing students.
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5-1004 Admissions
(1) General. NCF is highly selective in admitting students. The College actively recruits individuals
who meet the requirements of Section 1007.261, F.S., State of Florida BOG Regulations 6.001,
6.002, 6.004, 6.009, and 6.018, the requirements of this regulation, which are consistent with the
mission of the College:
(a) Demonstrate above average ability, academic motivation and self-discipline;
(b) Will benefit from the demanding academic program and flexible curriculum;
(c) Demonstrate evidence of intellectual potential, strong academic preparation, self-motivation
and initiative, tenacity, curiosity, and concern for others;
(d) Are eager to take responsibility for their own educations; and
(e) May positively impact the College community through contributing to 1) the College’s
mission of attaining the educational benefits of diversity, 2) an active campus life, and/or 3)
community engagement.
(2) Recruitment practices are guided by the Statement of Principles of Good Practice of the National
Association for College Admission Counseling.
(3) Admissions Decisions. The Dean of Enrollment Services makes admissions decisions, subject to
the institutional goals set by the College President and BOT. An applicant’s completed application
file will undergo review for a recommendation by an admissions counselor to gauge the extent to
which the applicant demonstrates the academic ability, creativity, or talent to perform the required
work within the College’s academic program and the potential to succeed within and contribute to the
College community. Admission of new students at all levels is on a selective basis within curricular,
space and fiscal limitations. Satisfaction of minimum admission requirements does not guarantee
acceptance. The selection process takes into consideration such factors as grades, test scores, pattern
of courses completed, class rank, educational objectives, past conduct, school letters of
recommendation, personal letters of recommendation, and personal records of involvement in activity
outside the curriculum. The Dean may consider an applicant’s demonstrated interest in attending the
College and allocation of limited guaranteed scholarship resources as criteria for admission to NCF.
(4) Admission practices are guided by the Statement of Principles of Good Practice of the National
Association for College Admission Counseling.
(5) Non-Discrimination in Admissions. The College encourages applications from qualified
applicants without regard to race, color, religion, age, disability, sex, marital status, national origin or
veteran status. (As provided by law, the College does not discriminate in admissions based upon
these characteristics.) The College’s admissions criteria shall not be applied so as to discriminate
against community college transfers with Associate in Arts (“AA”) degrees from Florida public
community colleges in favor of State University students who are applying for admission or plan to
continue enrollment after the completion of sixty (60) semester credits at the lower division level.
(6) Substitution, Modification or Waiver of Admission Requirements.
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(a) In the case of applicants with disabilities, the College will grant reasonable substitution or
modification of any admission requirement pursuant to BOG Regulation, where the College’s
Disabilities Services Coordinator reviews the documentation submitted by the applicant and
assesses that the failure of the applicant to meet the requirement is due to his or her disability, and
the Dean of Enrollment Services determines that substitution or modification does not constitute a
fundamental alteration of the College’s academic program. An applicant may appeal the Dean’s
decision regarding substitution or modification through a written petition addressed to the Dean
of Enrollment Services; the petition will then be forwarded for review by the President of NCF.
The President’s decision on appeal shall constitute the College’s final decision. Information
regarding special admission consideration based upon a disability and for appealing a denial of
admission is posted in the admission portion of the College website and in the admission portion
of the NCF General Catalog. Applicants are provided this information in the New College of
Florida Supplement to the Common Application.
(b) The Dean of Enrollment Services will consider for admission an applicant who does not fully
meet minimum admission requirements but who has special attributes, special talents or unique
circumstances that may contribute to a representative and diverse student body. If the Dean
determines that the applicant can reasonably be expected to do satisfactory work at NCF and has
important attributes, special talents or unique circumstances that may contribute to a
representative and diverse student body, the Dean may admit the applicant.
(7) Previously Degreed and Non-Degree Seeking Students. The College does not enroll students who
have previously attained graduate or four year undergraduate degrees, or non-degree seeking students,
and they will not be permitted to register for courses.
(8) Prior Misconduct of Applicant for Admission. The College may refuse admission to a student
whose record shows previous misconduct not in the best interest of the College community. Review
of misconduct may be done by the Dean of Enrollment Services (or his/her designee) or, in more
serious cases, by the Student Affairs Judicial Coordinator. If the Student Affairs Judicial
Coordinator’s review results in denial of admission, the applicant may appeal in writing through a
petition to the Dean of Enrollment Services, to be forwarded to the Dean of Students for review.
(9) Appeals of Admissions Decisions. Denied applicants may appeal the decision with a written
petition addressed to the Dean of Enrollment Services. Petitions will be considered by the
appropriate reviewer(s) as follows:
(a) Appeal of conduct review—NCF Dean of Students. See 5-1004(8).
(b) Appeal on basis of disability—NCF President. See 5-1004(6).
(c) All other appeals—NCF Provost; appeals denied by the Provost may be further reviewed by
the Academic Administrative Council.
(10) Early Admission. NCF provides an early admission program for mature high school students to
enter the College prior to graduation from high school. Applicants for early admission are evaluated
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on an individual basis and must demonstrate strong capability for academic work based on the
following:
(a) High school record;
(b) Writing;
(c) Admission test scores;
(d) Support from the high school; and
(e) Required interview.
(11) International Student Admission. Within enrollment, space, and fiscal limitations, eligible
international students may be accepted for admission under the following conditions:
(a) International students are obligated to follow the laws and regulations set by the United States
Citizenship and Immigration Services and the United States Department of State.
(b) An international applicant must be academically eligible for admission at the level of entrance
requested by the applicant. An international student must demonstrate the required level of
academic preparation as evidenced by official academic records. These records are needed to
ascertain the level and quality of the student’s previous education and achievement in comparison
with that of other students. Official academic documents must be provided in (or translated into)
English and evaluated by a reputable credential evaluator.
(c) An international applicant's proficiency in English must be adequate. International students
whose first language is not English must demonstrate English language proficiency as one
condition of admission eligibility. This may be done through one of the following:
1. ETS Test of English as a Foreign Language (scores must be no more than 2 years old;
minimum scores 560 on the paper test, 220 on the computerized test, or 83 on the internetbased test;
2. A score of at least 6.5 on the International English Language Test System exam (scores
must be no more than 2 years old);
3. SAT Reasoning Test scores of 500 or higher on the Critical Reading section and 500 or
higher on the Writing section;
4. ACT scores of at least 21 on English and 22 on Reading;
5. Successful completion of International Baccalaureate English A1 or A2; or
6. Completion of the AA at a Florida public community college. Proficiency may be
considered met by students who have attended all of secondary school in English-speaking
schools (such as American schools, British schools, or International schools abroad), or who
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have completed two years of college study in the US or at another college or university where
English is the language of instruction.
(d) In order for an I-20 to be issued to an enrolling international student, the student must provide
documentation showing sufficient resources to cover tuition, fees, books, room and board, health
insurance, and other living expenses while enrolled at the College.
(e) An enrolling international applicant determined to be academically and financially eligible for
admission must submit a health history form including proof of immunizations as required by the
College prior to enrollment at the College.
(12) Application and Admission Procedures, Forms and Additional Information. The application for
admission, information for applying online, and information on admissions criteria and the College
may be obtained by doing any of the following:
(a) Calling the Office of Admissions and Financial Aid at 941-487-5000;
(b) E-mailing the Office of Admissions and Financial Aid at [email protected];
(c) Accessing the NCF website at www.ncf.edu; or
(d) Writing to the New College of Florida Office of Admissions and Financial Aid, 5800 Bay
Shore Road, Sarasota, FL 34243-2109.
(13) Each prospective student is assigned an admissions counselor, and is encouraged to work closely
with that person from the time of initial inquiry to the time of enrollment.
(14) Residency Classification. The Office of Admissions and Financial Aid determines the initial
residency classification for tuition purposes for each student prior to enrollment. NCF will consider
appeals of residency classification and reclassification through a committee of three College staff
members who are not responsible for handling day-to-day residency classification or reclassification
paperwork. This committee will meet once per semester to consider petitions for Florida residency,
and render the final residency determination (and the reasons for the determination) in writing.
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5-1005 Financial Aid
(1) General. The Office of Admissions and Financial Aid administers financial aid programs in
accordance with all federal, state and institutional regulations, including 34 CFR Part 600
(http://www.access.gpo.gov/nara/cfr/waisidx_05/34cfr600_05.html), Florida Education State Statutes
Chapter 1009
(http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch1009/ch1009.ht
m), and the current year NCF Financial Aid Packaging Policy, available upon request in the Office of
Admissions and Financial Aid. The Default Management Committee is the College’s policy-level
committee that has the responsibility to recommend policy on matters relating to financial aid,
recommend specific financial aid program objectives in support of the College master plan, and
facilitate the conduct of financial aid activities; this committee meets annually to approve the NCF
Financial Aid Packaging Policy, ensuring that financial aid resources are used in a manner that serves
the institution’s plan for equalizing educational opportunity, and that financial need and academic
merit are given primary consideration in the award of financial aid funds. All financial aid awards are
contingent upon funding availability.
(2) Financial Aid Functions. Financial aid counseling and administration are services provided to
prospective, new, and continuing students. The chief financial aid officer is the Director of Financial
Aid, who reports to the Dean of Enrollment Services. The Financial Aid Coordinators assist the
Director with administration of financial aid and recruitment of prospective students. The Office of
Admissions and Financial Aid is responsible for administration and coordination of all federal, state,
institutional and private grants, scholarships, work-study, and loan programs. It is also responsible
for collecting data for all programs of financial aid for use in university system and state information
systems and for providing financial aid information to prospective, new, and continuing students (and
their families, as appropriate).
(3) Eligibility Requirements. All students are encouraged to apply for need-based financial aid by
filing a Free Application for Federal Student Aid (FAFSA).
(a) The FAFSA must be completed each year beginning January 1 for need-based financial aid
consideration for the following academic year. The Office of Admissions and Financial Aid uses
a priority consideration deadline of March 1 for need-based awards, and collects tax
documentation on applicants as determined by the Federal Processor. Students selected for tax
verification must submit all requested documentation to the Office of Admissions and Financial
Aid in order for financial aid awards to be disbursed to the student’s business office account.
(b) The admissions application is the only application required to be considered for NCF
Scholarships.
(4) Notification of Awards. Upon awarding student financial aid, the Office of Admissions and
Financial Aid will promptly notify the student via an Award Letter, accompanied by a Financial Aid
Award Letter Guide that details award programs, provides contact information, and discusses the
disbursement of financial aid awards. The Award Letter and Guide discusses the following points:
(a) All grants and scholarships are automatically accepted for the student.
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(b) Students wishing to decline self-help aid, loans and/or work-study are instructed to return the
Award Letter indicating the program that they are declining.
(c) Students wishing to borrow from the Stafford Loan Program must submit a Stafford Loan
Request Form and complete an Entrance Interview. The Loan Request Form need only be
completed once and is valid throughout each student’s enrollment at NCF.
(d) Students who are eligible for the work-study program will be contacted by mail to determine
their level of interest and to assist them with on-campus job placement.
(e) Students planning to study abroad should meet with a Financial Aid Coordinator.
(f) Students withdrawing or being placed on an emergency leave of absence are subject to the
Return of Title IV calculation for Federal awards.
(g) Students must be in good academic standing according to the Standard of Satisfactory
Progress for Financial Aid Recipients Policy in the financial aid portion of the NCF General
Catalog.
(h) The process to apply aid toward Book Advances.
(5) Change of Student Circumstances. Students experiencing a change in the household income or
expenses due to medical reasons are encouraged to submit an Adjustment Request Form along with
supporting documentation. Because financial aid is meant to assist students by considering their
current circumstances, the Office of Admissions and Financial Aid will adjust students’ eligibility to
reflect such circumstances.
(6) Disbursement of Financial Aid. The NCF Business Office is responsible for disbursing financial
aid awards. Financial aid awards will only be disbursed to enrolled students. Awards are not
disbursed prior to the late contract submission deadline.
(7) Available Student Financial Aid Resources. For an in-depth listing of our Institutional
Scholarships, please see the current academic year’s packaging policy. The following types of
financial aid programs are available to eligible applicants who enroll at NCF:
(a) NCF Scholarship. This scholarship is institutionally funded and awarded on the basis of merit
or on need as determined by the FAFSA.
(b) NCF Grant. This is an institutionally funded grant awarded to students based on financial
need as determined by the Free Application for Federal Student Aid (FAFSA).
(c) NCF Work-Study. This employment program is administered by NCF and awarded on the
basis of financial need. Students may seek jobs on and off campus. Eligibility is determined on
the basis of information provided on the FAFSA.
(d) Federal Pell Grant. This grant is funded by the federal government, with eligibility
determined by the Department of Education for students demonstrating exceptional financial need
on the basis of information provided on the FAFSA.
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(e) Federal Supplemental Educational Opportunity Grant. This grant is funded by the federal
government. Preference is given to students with exceptional need.
(f) Federal Academic Competitiveness Grant. This grant is funded by the federal government, for
Pell Grant recipients who graduated high school after January 1, 2005, are US Citizens or eligible
non-citizens, are enrolled in their first year of college, and have completed a rigorous secondary
school program as determined by the Department of Education.
(g) Federal Stafford Loan. This federal loan has a variable interest rate that will not exceed a
fixed percentage. Eligibility is determined by the College, based on the information provided on
the FAFSA. Loan funds are provided by private lenders participating in the Federal Stafford
Loan program. Loans are either subsidized or unsubsidized, dependent on the level of need. An
independent student (as determined by the FAFSA), or a dependent undergraduate whose parents
are unable to borrow under the Parent Loan for Undergraduate Students (PLUS) program, may be
eligible to borrow additional amounts under the unsubsidized Federal Stafford Loan program.
(h) Federal PLUS Loan. The Parent Loan for Undergraduate Students (PLUS) is not packaged as
a component of the financial aid package, but is available to families who wish to borrow to
finance all or a portion of their Expected Family Contribution. The PLUS loan is a non-need
based federal program that enables parents with good credit histories to borrow to pay the
educational expenses of their dependent college students. Parents may borrow up to the Cost of
Attendance minus any other financial aid. Repayment begins within 60 days of disbursement
with a maximum repayment period of 10 years. There is no federal interest subsidy on the PLUS
Loan.
(i) Federal Work-Study. This employment program is funded by the federal government, and
awarded on the basis of financial need. Students may seek jobs on campus through a variety of
offices. Eligibility is determined on the basis of information provided on the FAFSA.
(j) Florida Student Assistance Grant (FSAG). FSAG is a state-funded grant program for Florida
residents. Residency is determined by the Office of Admissions and Financial Aid for entering
students and by the Office of the Registrar for continuing students. FSAG is awarded to students
based on financial need as determined by the FAFSA. Preference will be given to students who
complete the FAFSA by the March 1 priority deadline. Continuing students must meet the Florida
Department of Education’s renewal criteria to remain eligible. Award is contingent upon
sufficient appropriation of funds by the Florida legislature.
(k) Florida First Generation Matching Grant. This grant is funded by the NCF Foundation and
the State of Florida, and may be available to Florida students who demonstrate financial need and
whose parents have not earned a baccalaureate degree. Students must submit an application to be
considered for this grant. Eligibility is determined by the Office of Admissions and Financial Aid
on the basis of information submitted on the FAFSA. Award is contingent upon availability of
funding.
(l) Florida Bright Futures Scholarship. The Florida Bright Futures Scholarship Program
established three lottery-funded scholarships to reward Florida high school graduates who are US
citizens (or eligible non-citizens) for high academic achievement. The Florida Bright Futures
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Scholarship Program is comprised of three different awards (a student is only eligible for one
award): Florida Academic Scholars Award, Florida Medallion Scholars Award, and Florida Gold
Seal Vocational Scholars Award.
(m) Florida Academic Top Scholars (ATS) Award. The Florida Department of Education
designates one Florida Academic Scholars award recipient in each district as an ATS award
recipient. This scholarship pays an award in addition to the Bright Futures scholarship. It is
awarded to the highest ranked Florida Academic Scholars Award recipient in the county where
the student last attended high school. Highest ranked determination is based on the Bright Futures
GPA and composite SAT or equivalent ACT test score.
(n) Robert C. Byrd Honors Scholarship. The Florida Department of Education assigns these
scholarships to outstanding Florida resident high school graduates who show promise of
continued academic achievement.
(o) José Martí Scholarship Challenge Grant. This need-based merit scholarship provides
financial assistance to eligible Florida resident students of Hispanic origin. Priority is given to
applicants who apply during their senior year of high school.
(p) Theodore R. and Vivian M. Johnson Scholarship. This scholarship is a competitively
awarded program which is available to undergraduate students with disabilities who enroll in a
State University System of Florida (SUS) institution. Applicants must: provide official
transcripts, provide documentation of the nature and/or extent of the disability, gain admission as
a degree-seeking undergraduate student into an SUS institution, and have demonstrated financial
need according to a completed FAFSA.
(q) Other outside awards as available. These awards may include NH, VT, RI and DC Tuition
Assistance Grants and others awards administered by outside entities that require NCF
certification of student enrollment.
(r) NCF Textbook Grant. This grant provides supplemental funding for students who need
additional financial assistance with the cost of textbooks.
(s) Latin American/Caribbean Scholarship Program. This program was instituted to help the
State of Florida build relations with Latin America and the Caribbean. With publicly funded
scholarship assistance and temporary Florida residency, the College helps students pursue a more
affordable college education to the benefit of their home country or territory. The Dean of
Enrollment Services will consider this scholarship program for US Citizens and Permanent
Resident Aliens who reside in Puerto Rico or the US Virgin Islands, and for international students
from Latin America or the Caribbean who seek an F-1 student visa to study at NCF.
(8) Petitions. A student, or parent, where permissible, who disagrees with the decision of the Office
of Admissions and Financial Aid, or wishes to provide supplemental information for purposes of
amending the application for financial aid, may do so by filing a written petition with the Director of
Financial Aid. The Director will review petitions with the Dean of Enrollment Services, who shall
render a final decision on the petition in writing.
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Chapter 6 – Student Affairs
(1) The residential life program is an integral part of the educational program at NCF.
Residential halls and hall staff provide a structure by which the experience in the classroom is
joined with the out-of-class learning. The residential hall staff assists students in developing
an academic community in the halls, as well as serving to support and enhance self-directed
individual development.
(2) The residence halls operate on the basic principle of mutual respect and consideration for
the rights of all students. To ensure the safety of the community and the rights of the
individual, conformity to the College’s regulations is required. Students should expect to live
by the central tenets for the halls, which are safety, responsibility and community.
NCF Regulations Manual, Chapter 6 – Student Affairs
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Chapter 6 – Student Affairs
6-3002 Residency Requirement
(1) NCF is an intentionally residential college, and, as such, requires students to live in the
residence halls unless they have been granted exceptions or waivers. Every student, each
year, regardless of the previous year’s waiver, must renew their off-campus status if they
want to spend another year off-campus. Students who are not granted a waiver and are active
students will be charged for a room, regardless of whether they are living on-campus.
Residency requirements will be determined by the Director of Residential Life, in
consultation with students and student committees.
(2) Because the College recognizes some advantages to off-campus living at some point
during the four years of college, every year, 100-170 off-campus housing spaces will be
available for upper-class students during room draw. The number of available off-campus
housing spaces each year will be determined by the Dean of Students, depending upon the
size of the incoming class, the number of returning students, the number of students with
legitimate waivers (married, older, returning), students studying off-campus, and transfer
students. All waivers must be approved and renewed each year by the Director of Residential
Life. Off-campus housing spaces will be made available during room draw and will be
granted based on seniority. First- and second-year students should not count on availability of
off-campus housing spaces.
NCF Regulations Manual, Chapter 6 – Student Affairs
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CHAPTER 7 - Miscellaneous Provisions
7-1001 Alcohol and Other Drugs
Students are sovereign individuals and bear ultimate, personal responsibility for their actions. Students
understand that the College knows and obeys the law. The College rightly expects students to do the
same.
(1) Applicable State and Federal Laws. State laws concerning alcohol and other drugs will be fairly
and consistently enforced. A summary of applicable State and Federal laws regarding Alcohol and
Other Drugs is provided, as follows:
(a) Alcohol Laws.
1. Chapter 562 of Florida Statutes details the State of Florida laws regarding alcohol.
Additionally, Chapter 322 details laws regarding the consumption of alcohol and the
operation of a motor vehicle.
2. Possession of alcohol by persons under the age of 21 is illegal.
3. Intoxication that places an individual or others in harm’s way is illegal.
(b) Other Drugs Laws.
1. Possession and consumption of non-prescription controlled substances is illegal.
2. Possession and consumption of prescription controlled substances must conform to the
prescription.
(2) Risks and Dangers. As part of its enforcement mission, the College seeks to create an
environment that promotes the responsible use and non-use of alcohol and educates students about the
dangers of the abuse of alcohol and other drugs. Risks and dangers are associated with the abuse of
Alcohol and Other Drugs.
(a) Abuse of alcohol or other drugs may cause lifetime changes to an individual's physical and/or
psychological health, especially before the age of 25.
(b) Abuse of alcohol or other drugs can interfere with the process of free and open intellectual
inquiry that is crucial to the educational community.
(3) Wherever possible, the College will seek to promote the health and well-being of students over the
pursuit of punitive sanctions.
(a) For counseling and psychological support, students are advised to seek confidential
consultations at the Counseling and Wellness Center.
(b) Students may also contact local groups for advice and support. The Counseling & Wellness
Center can provide a list of these groups.
NCF Regulations Manual, Chapter 7 – Miscellaneous Provisions
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(4) Alcohol Regulation. In order to promote an environment that allows for the responsible
consumption of alcohol, the consumption of alcohol by persons 21 years of age and older shall be
permitted in the following designated areas:
(a) Z Dorm complex, including Z Green
(b) VWXY complex, including the Promenade
(c) Dort and Goldstein Residence Halls, including the Crease
(d) Pei complex, including all three courts and Palm Court
(e) B-Dorm complex
All guests shall be subject to this Regulation.
1. Violations.
a. Underage Possession, whereby an individual under the age of 21 possesses or
consumes alcohol, shall be a violation.
b. Prohibited Possession, whereby an individual of any age possesses or consumes
alcohol outside the designated areas, shall be a violation.
c. Disorderly Intoxication, whereby an intoxicated individual disrupts the normal
proceedings or peace of the college community, shall be a violation.
d. Hazardous Intoxication, whereby an intoxicated individual poses a threat to the health
and/or safety of him/herself or another, shall be a violation.
e. Abusive Coercion, whereby an individual repeatedly applies unwanted social pressure
in an attempt to induce another to consume alcohol, shall be a violation.
(5) Drug Regulation.
(a) Violations.
1. Possession and/or Consumption of Marijuana, whereby an individual possesses and/or
consumes marijuana, shall be a violation.
2. Possession and/or Consumption of Other Drugs, whereby an individual possesses and/or
consumes some other controlled substance(s), shall be a violation.
3. Misuse of Prescription Drugs, whereby an individual misuses his or her own prescription
or uses a medication for which he or she does not have a prescription, shall be a violation.
4. Manufacture or Distribution of Controlled Substances, whereby an individual
manufactures, sells, or barters a controlled substance, shall be a violation.
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5. Abusive Coercion, whereby an individual repeatedly applies unwanted social pressure in
an attempt to induce another to consume a controlled substance or prescription medication,
shall be a violation.
(6) Medical Amnesty. New College of Florida seeks to ensure that students at medical risk as a result
of alcohol or substance use will receive prompt and appropriate medical attention. For this reason, no
student seeking medical attention for him/herself or for another will receive punitive sanctions in
regards to a violation of this Regulation.
(7) Sanctions.
(a) All violations of the New College of Florida Alcohol and Other Drug Regulation shall be
handled by the Office of Student Affairs in accordance with established procedures.
(b) Whether the violation is addresses by the Office of Student Affairs Judicial Coordinator or the
Community Board, students found responsible for a violation may receive sanctions ranging from
a verbal warning to a recommendation of expulsion.
(c) The sanctioning body shall take into account the severity of the offense and any previous
violations when determining the appropriate sanction.
(d) A violation of the Alcohol and Other Drugs Regulation shall not be construed to be a
mitigating factor for any Code of Conduct violations committed in conjunction with an Alcohol
and Other Drug Regulation violation.
(8) Distribution and Revision of Regulation 7-1001.
(a) A digital copy of this Regulation shall be placed on the appropriate section of the College's
website. A hard copy of this Regulation is to be on file in the Office of Student Affairs, available
for review by students. Additionally, the Office of Student Affairs shall provide the Student
Government with a hard copy of this Regulation.
(b) A copy of this Regulation shall be included in the orientation materials for new students or
otherwise provided to new students in a timely manner.
(c) The Office of Student Affairs, in conjunction with the student body, shall conduct a biennial
review of this Regulation and make any and all changes that are deemed necessary.
(d) The Counseling and Wellness Center may make revisions to Section 3 (Support and
Counseling) to update the list of counseling centers and support groups without seeking to
formally amend this Regulation.
History: adopted as new Regulation 6-18-11.
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NEW COLLEGE OF FLORIDA STUDENT CODE OF CONDUCT
(1) Definitions.
(a) For the purposes of the Student Code of Conduct, the following terms shall be defined as
indicated.
1. “Code” means this Student Code of Conduct.
2. “College”, “NCF”, or “New College” mean New College of Florida.
3. “College community” includes students, members of the faculty of the College, officers or
officials of the College, employees of the College, and employees of the New College
Foundation, Inc.
4. “Dean” means the Dean of Students of the College or the Student Conduct Officer
appointed from the faculty or the Dean of Student’s office.
5. “President” means the President of the College or the President’s designee.
6. “Student” means an individual who is enrolled as a student at the College, a student
organization, or a person who has submitted an application for admission, housing, or any
other service provided by the College which requires student status. All students are subject
to the Student Code of Conduct.
7. “Complainant” means any a member of the College community who has submitted a
complaint asserting a violation of this Code.
8. “Respondent” means a student against whom a complaint has been submitted.
9. “Student Conduct Officer” means the Dean, the Dean’s designee, or a person designated
by the President of the College.
10. “Conflict of Interest” refers to any situation where regard for the private interests of a
person, such as involvement in an issue that is the subject of a complaint proceeding or
familiarity with the complainant or respondent, would tend to lead to disregard of the public
duty for objectivity and fairness.
(b) All other terms used in this Code shall be given their ordinary meaning.
(2) Summary of Student Rights, Responsibilities, and Standards of Conduct.
(a) Student Rights and Responsibilities.
1. Students are responsible for compliance with all federal and state laws, applicable county
and municipal ordinances, and all rules, regulations, and written policies of the State of
Florida Board of Governors and the College. Students accused of a crime can be prosecuted
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under Florida criminal laws and be subject to disciplinary sanctions under this Code. The
College may pursue disciplinary action even if criminal justice authorities choose not to
prosecute. The Code does not limit the scope of the legal rights and obligations a student has
under federal, state, and local constitutions, laws, rules, regulations, ordinances, and judicial
decisions.
2. Upon accepting a student for admission, the College shall provide the student with copies
of the Student Code of Conduct, the New College of Florida student government
constitution, and any other statement of student rights and obligations that the College
recognizes or expects a student to live up to.
3. It is the College’s expectation that all students required to do so will participate fully in the
student conduct hearing process. Failure to participate may result in additional sanctions.
(b) Standards of Conduct.
1. The College seeks to promote a stimulating and demanding educational environment in
which a diverse student body with wide-ranging individual interests, values and abilities can
live, interact, learn and grow based upon mutual understanding, trust, respect and concern for
the well being and dignity of self and others, upon responsible exercise of personal and
academic freedoms and upon individual accountability for words and actions.
2. Complete statements of rights, responsibilities and standards of conduct are set out in
Sections (4) and (5) of this Code.
(3) Student Conduct Process and Procedures.
(a) Jurisdiction of the College.
1. College jurisdiction, including jurisdiction to impose disciplinary sanctions for violation of
this Code extends to any conduct which occurs on the Campus of the College and to any
conduct that occurs off campus that adversely impacts the College, the College community,
or the pursuit of the mission of the College.
2. All students are subject to this Code. In addition to responsibility for their own conduct
and actions, students are responsible for their guests and their guests’ conduct. Students will
be held accountable for the conduct of their guests.
3. Students charged with violating this Code will be provided with notice of the charges, will
have the right to present information in their favor, the right to respond to the charges, and
the right to a decision based upon the record of a Student Conduct Board hearing.
(b) Filing a Complaint.
1. Any member of the College community may file a complaint against a student asserting a
violation of the Student Code of Conduct. Complaints must be filed in writing with the
Office of Student Affairs, (Hamilton Classroom 001, New College, 5800 Bay Shore Road,
Sarasota, FL 34243) within a reasonable time following the discovery of the violation. In no
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event may a complaint be filed later than six (6) months after the time that the event was
discovered, or reasonably should have been discovered, except in extraordinary
circumstances. A complaint must include the following information:
a. The name, address, telephone number, and email address of the person filing the
complaint.
b. The name of the student or students alleged to have committed the violation, and, if
known, their address, telephone number, and email address.
c. A statement of the provision or provisions of this Code that have been violated.
d. The date when the violation occurred.
e. A summary of the conduct or the essential facts asserted to violate this Code.
f. The signature of the person filing the complaint.
(c) Pre-hearing Procedure.
1. The Office of Student Affairs shall investigate all complaints. Within five (5) working
days of the filing of a complaint, the Dean shall determine whether there are reasonable
grounds to believe that a violation of this Code has occurred. If the Dean determines that
there are reasonable grounds, the Dean will initiate pre-hearing procedures.
2. The Dean shall appoint a Student Conduct Officer. The Student Conduct Officer shall be
a member of the faculty or the office of the Dean. If the Dean is unavailable or has a conflict
of interest in the case, the President shall designate a member of the faculty or staff from
outside the Office of Student Affairs to serve as the Student Conduct Officer. The Student
Conduct Officer will email and mail a written notice of the charges to the student’s last
known address. It is incumbent upon students to keep the Dean’s office informed of where
College mailings should be sent. Failure to respond to a written notice of charges is a
violation of this Code and may result in additional charges. The notice will also remind the
student of how to access this Code so that he or she can understand the procedures that will
be followed.
3. The written notice of charges shall include a statement of the essential facts constituting a
violation of this Code.
4. The Student Conduct Officer will conduct a preliminary meeting with the student charged
with violation of this Code. The meeting shall be conducted within five (5) days of the date
that the written notice of charges is mailed to the student unless the student is unable to be
present at the meeting within that time. The student can accept or contest the charges. If the
student contests the charges the matter will be referred to the Student Conduct/Mediation
Board for proceedings as set herein.
5. If the student acknowledges that the violation occurred, the Student Conduct Officer shall
impose sanctions in accordance with this Code. The decision shall be in writing. A copy will
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be given to the Respondent and a second copy will be filed in the Dean’s Office. If the
student does not accept the sanctions imposed by the Student Conduct Officer, the student
may request resolution by the Student Conduct/Mediation Board. If the student does not
request resolution by the Student Conduct/Mediation Board, the student waives any further
right to proceedings conducted by the Student Conduct/Mediation Board.
6. The student can choose to have an advisor of his/her choice present at the preliminary
meeting with the Student Conduct Officer. The advisor must be a member of the College
community. College employees who have a potential conflict of interest may not serve as an
advisor to the student. The advisor can speak with the student during the course of the
preliminary meeting, but cannot speak for the student, act as attorney or otherwise participate
in the meeting.
7. The Dean, in consultation with the President, is authorized to suspend a student from the
College or from participating in official College functions, programs, intercollegiate
competitions, and other student activities if in their judgment, the student’s continued
presence or use of privileges at the College pending the outcome of proceedings, is likely to
cause harm to members of the College community. Any interim suspension shall be based
upon information gathered in the initial stage of the investigation of student misconduct.
Students issued an interim suspension must be provided an expedited emergency hearing
within 48 hours of the preliminary hearing conducted by the Student Conduct Officer.
(d) Hearing Procedures.
1. Composition of Student Conduct/Mediation Board. The Student Conduct/Mediation
Board will consist of an available pool of six students chosen by student government, and
three members of the faculty or staff of the College appointed by the Dean in consultation
with the President. The Dean will choose three students to serve on a particular proceeding,
based upon schedules and/or any conflicting interests. Students who have been sanctioned
by the Board must be approved by the Dean before they are eligible to serve.
a. The Dean will serve ex officio as a member of the Student Conduct/Mediation Board
to advise the Board of precedent, procedure and regulations.
b. The term of appointment for all members of the Board will be one academic year.
The chair and vice-chair will be elected by the Board at the beginning of the semester.
One or the other must be present at every hearing.
2. Procedures.
a. Hearings conducted by the Board shall be conducted not less than five or more than
fifteen calendar days after the student has requested a hearing before the Board.
b. When a charge has been filed by a student, the Complainant will present his or her
charges to the Board. The Respondent will then have an opportunity to respond. If the
violation does not involve two students but is rather between College interests and a
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student, the Dean will appoint a member of the college staff who is not on the Board to
present the charges to the Board.
c. If any member of the Board has a conflict of interest in the proceeding, he/she will not
be eligible to serve when the matter is heard. The Complainant or the Respondent may
request that any member of the Board step down when the matter is heard on account of
a conflict of interest.
d. All hearings will be closed to uninvolved spectators. Witnesses, however, may be
brought in to verify assertions. Witnesses are only to appear when they need to testify.
The Complainant and the Respondent may also have advisors of their choice present.
Advisors must be members of the College community. The advisor may speak with the
Complainant or Respondent but may not speak for them, act as an attorney, or otherwise
participate directly in the case. The hearing will be tape-recorded. The Board’s
deliberations will be confidential.
e. If a hearing involves more than one Respondent, the Student Conduct/Mediation
Board shall determine whether hearings concerning each Respondent will be conducted
separately or jointly. The determination shall be based upon consideration of the
fairness of the proceeding to all of the parties. If conducting hearings jointly will
prejudice any of the Respondents, the hearings shall be conducted separately.
f. Questions and answers from Complainant, Respondent and witnesses shall all be
addressed to the Board, not asked directly. Civility and maturity is expected from all
parties. The Complainant, the Respondent, as well as members of the Student
Conduct/Mediation Board, will have the opportunity to ask questions.
g. No information that is not pertinent to the charges will discussed or considered at the
hearing. Only after a decision regarding the pending case is reached can past behaviors
be considered by the Board with respect to appropriate disciplinary sanctions.
h. The burden of proof is on the Complainant. The standard of proof is “preponderance
of evidence” and “more likely than not”. The question that the Board should consider is
whether it is reasonable to conclude from the information submitted that the Respondent
committed the offense for which he or she has been charged. The burden is not the strict
criminal law standard of proof “beyond a reasonable doubt.” For this reason, the student
is found “responsible” or “not responsible,” as opposed to guilty or not guilty.
i. The Board shall first determine whether the Respondent has violated this Code by
majority vote. If the Board determines that the Respondent is responsible, it shall
determine an appropriate sanction in accordance with this Code by majority vote. The
Board’s findings will be reduced to writing within 24 hours after the decision is reached.
It will include a dissenting opinion, if there is one. A copy will be given to the
Respondent and a second copy will be filed in the Dean’s office. In cases of sexual
misconduct, sexual harassment, and/or sexual violence, when the sanction directly
related to the complainant, the judgment will also be sent to the complainant. This
includes an order that the harasser stay away from the harassed student, that the student
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is prohibited from attending school for a period of time, is transferred to other classes or
is moved to another residence hall. Disclosure of other information in the student’s
“education record,” including information about sanctions that do not relate to the
harassed student will not be disclosed; disclosure of this sort could result in a violation of
FERPA. The Student Conduct Officer does not have a vote on the Board. However, if
the Board cannot reach a decision, a tie vote will be broken by the Student Conduct
Officer.
j. If a Respondent fails to appear without justification, the Board may continue in his/her
absence.
k. All charges should be heard during the academic year in which the offense occurred,
and usually within one week of the request for a hearing. Cases that happen in the final
week of the academic semester will either be heard in the first week of the next academic
semester, or during the summer. The Student Government President will work with the
Dean to appoint an appropriate Board with students who are on-campus during the
summer, if the Dean determines that the case needs to be resolved before the fall
semester.
l. Formal rules of process, procedure, and/or technical rules of evidence, such as are
applied in criminal or civil judicial proceedings, are not followed in student conduct
hearings.
m. The Respondent may be represented by counsel and have counsel present during
student conduct hearings, and the Respondent may consult with counsel during the
course of the hearing. Counsel may not, however, participate in the hearing by making
statements, arguments, or conducting examination of witnesses.
3. Emergency Hearings. An expedited emergency hearing will be held before the Dean in
cases which involve the safety, health or welfare of any student or staff member, as for
example in cases involving complaints of violent misconduct. The President or the Dean
acting as the President’s designee, will immediately suspend or withdraw a student, pending
a hearing in emergency cases.
4. Sanctions. Sanctions shall be commensurate with the offense with consideration given to
any aggravating or mitigating circumstances. The board may take into consideration past
sanctions for similar infractions. When imposing sanctions, the Board can review the
accused student’s past disciplinary file and take into consideration past relevant sanctions.
The student’s past disciplinary file should not be consulted until the Board has determined
whether the Respondent is “responsible” or “not responsible.” Past behavior must be as
documented in the student’s discipline file. Any of the following sanctions, or combination
of sanctions, can be imposed on a student, group of students, or student organization.
Students who are found “not responsible” are not subject to further sanctions.
a. Expulsion – Permanent termination of a student’s privilege to attend the College,
including trespass on campus. In cases where the student resides on campus, the student
will be given reasonable time to vacate the residence halls (e.g. 24-48 hours). During the
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REGULATIONS MANUAL
period of the expulsion, all of the student’s contact with College departments and
services must be through the Office of Student Affairs.
b. Suspension – Termination of a student’s privilege to attend the College for a specific
period of time, including trespass on campus. In cases where the student resides on
campus, the student will be given reasonable time to vacate the residence halls (e.g. 2448 hours). During the period of the suspension, all of the student’s contact with College
departments/services must be through the Office of Student Affairs.
c. Expulsion from the Residence Halls -- permanent or temporary termination of the
student’s privilege to live in the New College Residence Halls. In cases where the
student currently resides on campus, the student will be given reasonable time to vacate
the residence halls (e.g. 24-48 hours). During the period of the Residence Hall
expulsion, the student is in effect trespassed from using any of the Residence Halls,
attending social gatherings in and around the halls, visiting friends or acquaintances in
the halls or using the residence hall facilities or the residential life’s staff services.
d. Disciplinary Probation – An official warning that the student’s continued enrollment
depends upon the maintenance of satisfactory citizenship during the period of
disciplinary probation. A favorable recommendation to outsiders normally will not be
furnished during the period of disciplinary probation. When disciplinary probation is
imposed as a sanction, the student should be advised of the consequences of violation of
the disciplinary probation. In the event disciplinary probation terms or conditions are
violated, the Dean of Students will impose the consequences of the disciplinary
probation violation.
e. Restrictions and behavioral contracts – Conditions imposed on a student that
specifically dictate and limit the future presence on campus and participation in Collegerelated activities. The restrictions involved will be clearly identified and can include a
restraining order forbidding the Respondent from all contact with individual members of
the College community. Restrictions also can include denial of the privilege to operate a
motor vehicle on campus, denial of participation in certain
activities/events/organizations, denial of access to use of College services, and denial of
presence in certain buildings or locations of campus.
f. Involuntary withdrawal – College withdrawal of student from enrollment and student
status.
g. Restitution and/or fine – A set monetary fee or payment for injury in cases involving
theft, destruction of property, etc.
h. Other appropriate educational sanctions, such as community service hours,
educational programs, written assignments, counseling, and evaluation.
i. Trespass – Restriction from a specific area on campus.
j. Reprimand – a letter which makes the incident a matter of record in the student’s
college file.
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REGULATIONS MANUAL
k. Warning – an oral reprimand.
5. Appeals. The Respondent may appeal the decision of the Board in writing to the Dean
within five (5) working days of the Board’s decision. In the case of sexual misconduct,
sexual harassment, and/or sexual violence, both the Respondent and the Complainant have
the option to appeal the decision of the board. The letter must clearly state the grounds for
the appeal. The record of the initial hearing will be considered on appeal. The Dean is
authorized to contact any participants in the initial hearing for clarification and the charged
student is entitled to access the record when appealing. In considering appeals, the Dean
shall determine whether proceedings of the Student Conduct/Mediation Board were
conducted fairly and in conformance with this Code, and whether the decision was based
upon substantial information, that is, whether there were facts in the case sufficient to
support the decision of the Board. The decision of the Dean will be rendered within one
week of receipt of the appeal. The decision shall be in writing. A copy will be given to the
Respondent and a second copy will be filed in the Dean’s office. The Dean may reinstate,
dismiss, or decrease sanctions imposed by the Board, or may direct that a new hearing be
conducted.
(e) Time Frames. Minor deviations in any time frame, time period, or time limitation set out in
this Code are acceptable if they are not prejudicial to the College or the student.
(f) Status of Written Decisions or Appeals. Complaints, written decisions of the Board, and
written decisions in appeal proceedings and any other written material submitted with regard to
student conduct proceedings shall be treated as student records subject to confidentiality
requirements of Federal and Florida law. The records of Student Code of Conduct proceedings
shall be kept separate from a student’s academic records and maintained by the Office of the
Dean of Students in a secure file. These records shall be destroyed ten years after the student’s
termination of enrollment at the College.
(4) Student Rights, Responsibilities, and Standards of Conduct.
(a) Student Rights and Responsibilities.
1. Students are responsible for compliance with all federal and state laws, applicable county
and municipal ordinances, and all rules, regulations, and written policies of the State of
Florida Board of Governors and New College of Florida. Students accused of a crime can be
prosecuted under federal or Florida criminal laws and also disciplined under the Student
Code of Conduct. The College may pursue disciplinary action even if criminal justice
authorities choose not to prosecute.
2. Upon accepting a student for admission, the College shall provide the student with access
to the Student Code of Conduct, the New College of Florida student government
constitution, and any other statement of student rights and obligations that the College
recognizes or expects a student to live up to.
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3. Without limiting or affecting the scope of the legal rights and obligations a student has
under federal, state, and local constitutions, laws, rules, regulations, ordinances, and judicial
decisions, students shall have the following rights and responsibilities:
a. to express, individually and collectively, their views on issues of College policy;
b. to participate in the formulation of all policy changes that affect students;
c. to be informed by the President, through the student government, and to become
involved, individually or through student government, in the formulation of any
proposed change in policy that directly affects students prior to its implementation;
d. to receive within ten (10) days, through the student government, from the President,
detailed and specific written responses to recommendations made in writing, through the
student government, to the President, accepting, accepting with conditions, or rejecting
such recommendations, and giving detailed reasons for any condition or rejection;
e. to appeal within ten (10) days to the New College of Florida Board of Trustees,
through the student government, any decision of the President or his designee
conditioning acceptance or rejecting a recommendation made pursuant to paragraphs (2),
(3) and (4);
f. to freedom of statement, association, or assembly in social, political, or personal
matters;
g. to equal availability of and access to the facilities necessary for the exercise of the
rights set forth in paragraphs (1) through (6) without regard to race, sex, gender, religion,
beliefs, nationality, ethnic origin, sexual orientation, gender identity or gender
expression, disability, or any other reason, except as provided by law;
h. to publish student publications free from prior censorship;
i. to develop student publication editorial policy free from academic penalty or removal
because of student, faculty, staff, or public disapproval of editorial policy or content;
j. to have information about a student, acquired by College employees, kept confidential,
to the extent required by law, except upon specific request by the student to release such
information;
k. to take reasoned and responsible exception to the data, views, assignments and
methods offered in any course of study, to reserve judgment about matters of opinion,
and to bring such grievances before the Council of Academic Affairs;
l. to conduct research freely, and publish, discuss, and exchange findings or
recommendations, whether individually or in association with local, state, national, or
international groups;
m. to due process as set forth in the Student Code of Conduct;
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REGULATIONS MANUAL
n. to the security and privacy of their dormitory rooms, persons, and personal
possessions, and to be free from unreasonable restrictions upon the use of their rooms,
personal possessions or their personal liberty, provided that this does not infringe upon
the reasonable exercise of the privacy or property rights of others.
(b) Standards of Conduct. The College seeks to promote a stimulating and demanding
educational environment in which a diverse student body with wide-ranging individual interests,
values and abilities can live, interact, learn and grow based upon mutual understanding, trust,
respect and concern for the well-being and dignity of self and others, upon responsible exercise
of personal and academic freedoms and upon individual accountability for words and actions. To
this end, The College expects students to:
1. comply with all public laws, rules, regulations and ordinances as well as College rules and
policies;
2. exercise personal and academic freedom in a responsible manner;
3. foster collective concern for and protect and maintain personal and academic integrity and
College community standards;
4. examine their behavior in light of its potential impact on the College community and the
community at large;
5. attempt to reach common understandings of values and College community standards by
means of respectful communication and process;
6. utilize dialogue as a means of confronting uncomfortable situations or violations of
College community standards;
7. promote respectful expression of values, not unproductive censorship; and
8. avoid self-righteousness or the appearance of moral superiority.
(5) Offenses.
(a) Any of the following actions, or the aiding, abetting, or inciting of any of the following
actions, constitutes an offense for which a student will be subject to the student disciplinary
process:
1. Misuse of Keys – Unauthorized possession or use of any key or key type device to any
College facility or property.
2. Misuse of Identification -- The use of falsified identification documents or of another's
identification card/document, including the use of another's computer account/password.
3. False Information -- Knowingly making a false oral or written statement to any College
board, committee, office, or member of the College community.
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4. Misuse of Materials – Unauthorized reading, removing, duplicating, photographing,
and/or forging, counterfeiting, altering or misusing of any College material, file, document
or record, computer records, software, data files and similar entities owned or maintained by
any member of the College community.
5. Response to Notice -- Failure to make a timely response to any official request from a
member of the faculty, administration, or staff. The College requires that each student
maintain on file with the College a current address. Official College correspondence mailed
to that address is deemed sufficient as notice to the student. It is a student's responsibility to
notify the College immediately of any change of address.
6. Response to Instructions -- Failure to comply with authorized oral instructions from or
agreements with College officials, including student employees, acting in accordance with
their assigned duties.
7. Misuse of Property -- Destruction, damage, misuse, or defacing of, or unauthorized entry
into College buildings or property, private property and personal property, on the campus of
the College, including but not limited to access to the College pool, access to files,
documents, records, research apparatus, or library materials, including computer systems,
networks, and peripherals, owned or maintained by members of the faculty, administration,
staff, or student body. It also includes intentional misuse of any College fire alarm or fire
fighting or safety equipment.
8. Aiding and abetting – Any student who knowingly acts in concert to violate a Student
Code of Conduct policy, who knowingly acts to conceal, or who knowingly obstructs an
investigation will be subject to the student disciplinary process.
9. Theft -- The unauthorized taking, misappropriation or possession of any real, personal, or
intellectual property owned or maintained by the College or any person on campus.
10. Gambling -- Conducting or organizing any form of gambling which harms or exploits
any member of the College community.
11. Hazing -- Hazing means any action or situation which recklessly or intentionally
endangers the mental or physical health or safety of a student for the purpose of initiation or
admission into an affiliation with an organization. Such actions shall include, but not be
limited to, any brutality of a physical nature, such as whipping, beating, branding, forced
calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other
substance, or any other forced physical activity which could adversely affect the physical
health or safety of the individual to extreme mental stress, such as sleep deprivation, forced
exclusion from social contact, forced conduct which could result in extreme embarrassment,
or any other forced activity which could adversely affect the mental health or dignity of the
individual.
12. Weapons, Firearms, or Explosive Devices – The unauthorized possession, use or sale of
any weapon, firearm, or any incendiary, explosive or destructive device, including fireworks.
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REGULATIONS MANUAL
13. Bomb Threat -- Reporting false presence of an explosive or incendiary device.
14. Illegal Use or Possession of Drugs -- Illegal possession, use, sale or attempt to obtain any
drug. The term "drugs" includes any narcotic drug, central nervous system stimulant,
hallucinogenic drug, barbiturate, or any other substance treated as such and defined by the
law as a drug or controlled substance.
15. Privacy -- Failure to respect the right to privacy of any member of the College
community, including accessing another's computer files and/or email, prying observation, or
voyeurism.
16. Illegal downloading of file sharing material.
17. Student Expression -- The College recognizes that students must be free to utilize their
constitutional rights to freedom of speech and freedom to assemble. While students are
encouraged to express those rights, any demonstrations or protests must be non-violent in
nature, and must be conducted without endangering the safety, health, or life of themselves,
other students, faculty, staff, or visitors. Students shall not knowingly damage any College or
personal property. No student or group of students shall obstruct the free movement of other
persons, including police and other emergency service personnel about the campus, interfere
with the use of College facilities, or prevent the normal operation of the College, both inside
and outside the classroom setting.
18. Harassment or Retaliation -- Conduct which creates an intimidating, hostile, offensive
working or educational environment, or harassment of a Complainant or other person
alleging misconduct, including, but not limited to intimidation and threats.
19. Stalking -- To repeatedly follow or encounter another person so as to harass that person.
20. Sexual misconduct, including sexual harassment and public indecency and voyeurism -Sexual harassment is conduct of a sexual nature or with sexual implications, which interferes
with a person’s status or performance by creating an intimidating, hostile or offensive
educational or working environment. This conduct may include, but is not limited to the
following: inappropriate and unwanted touching; the display of sexually explicit or
suggestive materials; use of sexually explicit or suggestive language or gestures; and subtle
pressure for sexual activity, as well as demands for sexual favors or physical assault. Public
indecency is open and notorious actions which are offensive to common propriety, e.g.,
public sexual intercourse.
21. Domestic/Relationship Violence -- Assault or battery to a person who is a relative,
spouse, boyfriend, girlfriend, or other intimates of the student. This can occur without regard
to the gender of the victim or the student in question.
22. Disorderly Conduct -- Breach of peace, such as causing a disturbance or being unruly.
23. Disruptive Conduct -- Actions that impair, interfere with or obstruct the orderly conduct,
processes and functions of the College. Disruptive conduct shall include, but not be limited
to the following:
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REGULATIONS MANUAL
a. Interference with freedom of movement of any member or guest of the College;
b. Impeding or interference with the rights of others to enter, use or leave any College
facility, service or scheduled activity, or carry out their normal functions or duties;
c. Interference with academic freedom and freedom of speech of any member or guest at
the College; or
d. Threats of Violence -- An intentional treat by word or act to do violence to another
person, and doing some act which creates a well-founded fear that such violence is
imminent.
24. Violent Misconduct -- When one person actually and intentionally touches or strikes
another person against his/her will, or intentionally causes bodily harm.
25. Sexual battery/rape -- According to Section 794.011(1)(h), Florida Statutes, sexual
battery is the "Oral, anal or vaginal penetration by union with a sexual organ of another or
anal/vaginal penetration by another object." The act is performed against the victim's will or
without her/his consent. An individual who is mentally incapacitated, asleep or physically
helpless or unconscious due to alcohol or other drug consumption is considered unable to
give consent. The
same definition applies regardless of whether the assailant is a stranger or an acquaintance or
a group of individuals. The type of force employed may involve physical violence, coercion
or threat of harm to the victim. Date or acquaintance rape is the sexual battery of an
individual by someone the victim knows. Group or gang rape is the sexual battery of an
individual by multiple perpetrators.
26. Underage Zero Tolerance – As referenced in Section 322.2616, Florida Statutes, the State
of Florida prohibits persons under the age of 21 from having a breath-alcohol level of 0.02
percent or higher and to drive or be in actual physical control of a motor vehicle. Such
violations shall result in the State suspending your license and referral to the student
disciplinary process.
27. Disorderly Intoxication -- No student shall be publicly intoxicated to the point of being
unruly, causing a disturbance, or endangering the safety of himself/herself or another person
or property.
28. Violation of New College Of Florida Alcohol and Narcotics Policy.
29. Inappropriate Conduct at College sponsored Events -- Students are expected to govern
their behavior at College-sponsored events and conduct themselves within the guidelines of
the Student Code of Conduct.
30. Violation of Residence Hall Policies as set out in student housing contracts.
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31. Bikes/Skateboards/Rollerblading -- Riding a bicycle, skateboard, or rollerblades within
an area on campus where there are signs posted that such actions are strictly prohibited is
cause for referral to Office of Student Affairs.
32. Violation of New College of Florida traffic rules and regulations.
33. Violation of any federal, state, or local law, ordinance, rule or regulation, including but
not limited to the rules, regulations, and written policies of the Florida Board of Governors
and New College of Florida.
34. Violation of probation -- Failure to abide by conditions of probation.
35. Off Campus Misconduct -- The College generally does not regulate the off-campus
conduct of its students. However, misconduct occurring off-campus will be disciplined
where the conduct directly impedes the effective operation of the College, as for example,
where the off-campus conduct constitutes a danger to the health, safety or welfare of
members of the College community.
36. Obstruction of Student Judicial Process - - Acts that disrupt the College judicial process,
including attempting to coerce or influence a person in order to discourage their participation
in any judicial proceeding. Such acts shall include, but may not be limited to:
a. Failure to appear at an official College hearing when proper notification has been
provided;
b. Knowingly falsifying, distorting or misrepresenting information before a judicial
proceeding;
c. Deliberate disruption or interference with the orderly conduct of a judicial proceeding;
d. Knowingly initiating a complaint/referral without cause;
e. Use of threats, coercion, or intimidation to discourage proper participation or use of the
judicial process;
f. Attempting to influence the impartiality of a member of the judicial process prior to or
during the course of the judicial proceeding;
g. Harassment or intimidation of any participant in the judicial process.
37. When a student invites a guest to the campus, the student is either responsible for being
physically present while the guest is on campus or the visitor must have an authorized,
current College guest card. Students are responsible for their guests’ conduct. Students will
be held accountable for any actions or conduct of their guests that are in violation of this
Code.
(b) Provisions of this Code shall be construed in order to enhance the mission of the College.
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REGULATIONS MANUAL
Specific Authority: Article IX, Section 7 (b) and (c), Constitution of the State of Florida; Regulation
Development Process established by the Florida Board of Governors; Resolutions of the Florida Board
of Governors adopted January 7, 2003, and July 21, 2005; Sections 1001.74(4), (10)(e), 1006.60, Florida
Statutes.
History: Originally adopted 1-28-04 as Rule 6C11-6.001, Florida Administrative Code, Revised
November 15, 2007. Revised 7-30-0; 5-15-10; 11-4-11.
Updated 11-4-11

NCF REGULATIONS AND POLICIES: REGULATIONS MANUAL

Transcription

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