Administration

Administration Policies (102)

In the event of poor weather conditions, facilities management problems, or a national, state or
local emergency situation, it may become necessary that the College close for safety and /or
protection of employees and students.
The College President or designee is responsible for establishing those times when the college
will be closed for emergency reasons. The President’s Office is responsible for necessary
communication concerning such closings and the manner of closing.

Any research conducted by the Sussex County Community College faculty, staff, students, or by
any outside party, that involves human subjects in research activities shall be conducted in a
highly ethical manner and in compliance with any federal, state or local laws and regulations.

The College President shall establish procedures for the implementation of this policy in
compliance with all applicable laws and regulations in order to safeguard the rights and wellbeing and personal privacy of individuals, and to protect the interests of Sussex County Community College.

PURPOSE OF THE POLICY

Technology being an essential, daily use component for staff, faculty, and students, the potential for abuse could have a dramatic impact on daily operations at the College. This being understood, the same ethical standards that apply to our non-technical, on campus environment apply within the electronic environment as well. In providing computing and data resources, SCCC has the responsibility of informing all technology users (staff, faculty, students, and visitors) of the policies and procedures regarding their usage. All users of technology are responsible for thoroughly understanding these policies and procedures and will be held accountable to them.

 

GENERAL STATEMENT OF THE POLICY ABOUT TECHNOLOGY ACCESS

Policies, pertaining to technology use conduct, generally address issues such as; appropriate versus inappropriate usage, theft, destruction of property or vandalism, data security, and level of access granted (i.e. what technology is available for use by an individual and when). The Technology Access, Use, and Data Security Policy is intended to address these elements as they apply to rapidly evolving technology of computing, networking, information resources, and social media. Because technology use and reliance is constantly expanding and changing, no electronic and/or data use policy can hope to remain current in all its minutiae. The policy outlined herein should be considered to contain examples for and not an exhaustive list of acceptable and prohibited behavior. Unauthorized or inappropriate technology usage carries with it multiple implications. It may mean that an individual is no longer authorized to utilize specific machines, networks and/ or other related resources, for any purpose. Alternately, it may mean that, although an individual is authorized to use a particular technology resource, certain activities or access, regarding its usage, will be prohibited.

 

ACCESS AND ACCEPTABLE USE OF ELECTRONIC RESOURCES

The responsible and ethical use of technology is essential on campus, as staff, faculty, and/or students may have access to several valuable resources. Inappropriate use practices can inadvertently affect not only the internal network, but may additionally have an expansive, negative impact on the workflow of other network users. While most users employ technology responsibly, the few who do not, either through ignorance or by intent, offer the potential of disrupting either individual or groups of other network users. Sussex County Community College has the responsibility of securing its networks, servers, and workstations to an economically feasible degree against unauthorized access, while maintaining accessibility for legitimate use requirements. Part of this accountability includes informing users of an expected standard of conduct and the punitive measures for not adhering to them.

As an academic community, the students, faculty, staff, administration, and guests of the College honor intellectual property, respect the privacy of data, and recognize the rights of others. Each individual has a right of access to a fair share of available computing resources and to the privacy of files, and each has the responsibility, in turn, to use resources in an ethical manner.

It is the intent of the College to provide high quality computing facilities to its users both to allow the College community to maintain its access to available local, national, and international information and to provide an environment which encourages both the acquisition of knowledge and the sharing of information.

All technology owned by the College shall be used in a manner consistent with the College’s mission to support lifelong learning opportunities for student success. Each computer and all supporting technology infrastructure such as servers and networks within the campus community are tools belonging to the College. It is each technology user's responsibility to be familiar with the particular conditions of the use of, and to abide by, the computing provisions set forth within College policy, rules, and regulations.

The health and well-being of this resource requires constant vigilance by its users, who must all guard against any usage which disrupts and/or threatens the long-term viability of the systems at SCCC as well as those beyond the College. Sussex County Community College requires that members of its community act in accordance with these responsibilities, this policy, relevant laws, contractual obligations, and the highest standard of ethics

 

ELECTRONIC PRIVACY LIMITATIONS AND UNACCEPTABLE USE

As with all technology-reliant organizations, comprehensive network, systems administration, software and hardware support are essential components of the technical support directive. In coordination with best practices, constant monitoring and evaluation at all levels of the technical environment are carried out continually. Additionally, as a result of this essential process, and in coordination with security protocols, College computer systems, data, documents, email, and electronic communications are not private or confidential to the individual user.  All equipment, documentation, and electronic communications are considered the property of Sussex County Community College.

 

SECURE DATA AND VIRTUAL PRIVATE NETWORK ACCESS

The privacy of student information contained in the Gramm-Leach-Bliley (G-L-B) Act is consistent with the privacy responsibilities that colleges and universities must follow under the Family Educational Rights and Privacy Act (FERPA).  As such, Sussex Community College will protect the privacy of student records, including all financial records, to satisfy the Privacy Requirements of the G-L-B and FERPA, respectively. Sussex County Community College is committed to safeguarding student financial information, along with members of the campus community. 

Sussex County Community College offers Virtual Private Network access (hereafter known as “VPN”) accessible from the College website, secured through unique usernames, coupled with complex password requirements, and delivered through an encrypted interface. Access is limited by group policy management controls, setup and protected in compliance with network security protocols.

 

NETWORK USER ACCOUNT SAFEGUARDS AND ACCOUNTABILITY

To protect network security, accountability, and to enable secure group associations for access level controls, the College employs the use of individualized Network user access accounts to track and delineate data stored locally, on network shares, and through electronic mail.

 

SEPARATION OF EMPLOYMENT OR ENROLLMENT

Separation of employment or enrollment occurs when the contract with or enrollment of the individual is discontinued due to graduation, student enrollment discontinuance, or due to an employee’s actions or the College’s actions. The dismissal of a College employee from their job duties may be categorized as voluntary or involuntary. As part of this separation of employment or enrollment, the College realizes that an individual may have accrued personal intellectual property on College-owned devices, which they would like to retrieve during the separation process. The College will make reasonable attempts to retrieve personal intellectual property of a separated employee or student and will then make that personal intellectual property available to the separating individual.

 

COPYRIGHT MATERIAL COMPLIANCE

Sussex County Community College complies with the 1976 Copyright Act through the adherence of established guidelines and standards of educational fair use, as specified under Section 107 of H.R. 2223. The College strictly enforces all laws governing these guidelines and standards. All infractions will be directed to the Vice President of Administrative Services for review and disposition, forwarded through appropriate departmental management.

All copyrighted materials, obtained through College network resources, whether they be directly on College- owned devices or through the use of College network access, will be subject to all laws and guidelines set forth through state and federal statutes. Any individuals found to be obtaining copyrighted materials that such individual does not have a legal right to possess, such as but not limited to the use of peer-to-peer file sharing, Bit Torrent software or other similar software will be subject to review by the Vice President of Administrative Services, Human Resources, and in conjunction with appropriate departmental management. Appropriate action, as determined by the College in its sole discretion, shall be taken against all offending individuals, up to and including loss of network access privileges, termination of employment or expulsion, and criminal prosecution where applicable.

Description: Post-Issuance Compliance Policies and Procedures of Sussex County Community College, Newton, New Jersey Related to Certain Bonds Issued by the New Jersey Educational Facilities Authority Pursuant to Financing Programs for Institutions of Higher Education Sponsored by the State of New Jersey

The Secretary of Higher Education of the State of New Jersey  (the “Secretary”) has awarded Sussex County Community College  Newton, New Jersey (the "Institution") funds for projects or equipment leases pursuant to one or more of the following programs:  Higher Education Capital Improvement Fund Act, N.J.S.A. 18A:72A-72 et seq. (“CIF”); the Higher Education Equipment Leasing Fund Act, N.J.S.A. 18A:72A-40 et seq. (“ELF”); the Higher Education Technology Infrastructure Fund Act, N.J.S.A. 18A:72A-59 et seq. (“HETI”); and the Higher Education Facilities Trust Fund Act, N.J.S.A. 18A:72A-49 et seq. (“HEFT” and together with CIF, ELF and HETI, the “State-Backed Programs”). The funds for projects or equipment leases awarded pursuant to these State-Backed Programs are referred to herein collectively as "Grants".  The Grants are disbursed to the institutions of higher education ("Grantees") from proceeds of tax-exempt bonds (the "State-Backed Bonds") issued by the New Jersey Educational Facilities Authority (the "Authority" or "NJEFA") pursuant to the applicable State-Backed Programs.  The debt service on these State-Backed Bonds is payable by the State of New Jersey (the "State") subject to appropriation by the New Jersey Legislature. A Grantee that receives funds pursuant to the CIF or ELF Programs is required to reimburse the State for a portion of the debt service paid by the State on the CIF Bonds or ELF Bonds.     However, Grantees that receive funds pursuant to the HETI or HEFT Programs have no obligation to reimburse the State for any debt service on HETI Bonds or HEFT Bonds.  

1) Because the State-Backed Bonds are issued as tax-exempt bonds, the provisions of the Internal Revenue Code of 1986, as amended (the "Code") and regulations adopted thereunder (collectively, "Federal Tax Law Requirements") must be satisfied during the term of the State-Backed Bonds by each Grantee in order for the tax-exempt status of such State-Backed Bonds to be maintained. As a Grantee that has received proceeds of State-Backed Bonds, the Institution understands that it has an obligation to comply with these Federal Tax Law Requirements throughout the term of any State-Backed Bonds, which may be longer than the term of a Grant.  Pursuant to a Grant or Lease Agreement with the Authority, the Institution has agreed to adopt these Post-Issuance Compliance Policies and Procedures (the "Policy") in order to assist it in fulfilling its obligations to comply with Federal Tax Law Requirements applicable to the State-Backed Bonds.  The Institution recognizes that this compliance is an ongoing process, and that analysis of information and implementation of this Policy will require annual or more frequent monitoring and likely ongoing consultation with NJEFA and its bond counsel.  Further policies and procedures may be identified from time to time by NJEFA with respect to outstanding or future State-Backed Bonds from which this Institution receives a Grant and the Institution will take all necessary steps to ensure compliance with such policies and procedures.   

Policy

I. Organizational Responsibility

The SCCC Vice President Finance & Operations (the “Compliance Officer”) has primary responsibility for post-issuance tax compliance to ensure and monitor post-issuance matters with respect to State-Backed Bonds.

The Compliance Officer has overall responsibility for carrying out all aspects of this Policy including providing information and training on implementing post-issuance compliance policies, tracking expenditures, allocating sources of funding for a particular project between Grants funded from State-Backed Bond proceeds and other sources of money, identifying and monitoring private use and reviewing rebate reports, if requested by the Authority, and keeping adequate records to support all of the foregoing.   The Compliance Officer may delegate specific responsibilities to other officers, employees and agents of this Institution as designated in this Policy and as may be modified or supplemented in the future.

The SCCC Finance Department shall:  separately track utilization of Grant proceeds and other sources of funding (i.e., other bonds, equity, other grants, contributions, etc.) for each project financed by each issue of State-Backed Bonds; prepare and review requisitions to assure that proceeds are expended on projects as approved by the Secretary and authorized in the applicable bond documents and  requisitions; and confirm that reimbursement of pre-issuance costs are permissible and submit reviewed requisitions to the NJEFA. The SCCC Finance Department in consultation with SCCC Facilities Management shall also determine when projects financed by Grants are completed and/or placed in service and advise the Authority that such events have occurred.   The SCCC Finance Department/Facilities Department, as applicable, will consult with the Compliance Officer if questions arise relating to the foregoing matters. 

 

II. Tracking Expenditures and Use of Bond-Financed Facilities

The SCCC Finance Department shall maintain records regarding the use and allocation of Grants funded from State-Backed Bonds proceeds and other sources for Grant-financed facilities.  Such records shall be maintained with respect to each series of State-Backed Bonds. The Authority’s Accounting Department shall maintain copies of approved requisitions and copies of invoices.  Requisitions submitted to the Authority must be accompanied by copies of invoices for Contractor/Architect/Engineering bills and any other items over $10,000 before being approved.  

The SCCC Finance Department and Facilities Department will monitor the application and use of Grants on an ongoing basis and inform the Authority of events relating to use of bond proceeds and financed facilities, which may result in private business use or other tax issues, and that must be analyzed for compliance with Federal Tax Law Requirements. The SCCC Finance Department and the Facilities Department will work together to identify square footage or other measurements of private business use of financed facilities. The Institution will comply with the covenants and representations relating to the Grants and the State-Backed Bonds in the applicable bond documents and will cooperate with the Authority in obtaining necessary information, keeping records, seeking advice from bond counsel and undertaking any remediation, if necessary.

At least once every twelve months, the Authority is expected to send a certification to the Institution regarding application and use of Grants and other matters and the Compliance Officer will coordinate with assigned individuals at the Institution to provide updated information about the use of the financed facilities and other matters and complete and return the certification and any supporting documentation (Annual Review Process). The Institution will provide an annual certification to the Authority regardless of receipt of a form thereof from the Authority. The Compliance Officer will work with the Authority and/or bond counsel, if necessary, to assist in making a final allocation of expenditures for a Grant-financed project when required under the Code and applicable regulations. 

 

III. Private Business Use and Private Payments

The Institution's SCCC Finance Department in conjunction with the Facilities Department, which will maintain records of all private business use contracts, will monitor private business use of bond-financed property and any private payments.

State-Backed Bonds may lose tax-exempt status if private business use of bond proceeds and private business payments securing such State-Backed Bonds exceed certain percentages which are described in the Tax Certificates signed by the Institution in connection with the issuance of the State-Backed Bonds. Unless approved in advance by the Authority, no private business use of the property financed by the Grants is permitted. The anticipated amount of private business use of a particular series of State-Backed Bonds is anticipated to be known at the time the State-Backed Bonds are issued.  Any increase in private business use of Grant financed facilities by any Grantee must be analyzed for the applicable State-Backed Bond issue as a whole.  Therefore, the Institution and each other Grantee must obtain permission from the Authority to increase any private business use of its Grant financed facilities, in order to assure that tax-exemption for the issue of State-Backed Bonds as a whole is preserved. The Institution will monitor and report the use of Grant-financed facilities as part the Annual Review Process.   The Institution understands that failure to obtain such permission may result in loss of tax-exempt status of the State-Backed Bonds and that it will be responsible to the Authority if its actions cause such treatment.

Special legal entitlements to property financed with State-Backed Bonds can give rise to private business use.  Special legal entitlements include leases of financed property, management contracts, sponsored research agreements, naming rights, licenses of facilities for use by cell phone service providers, energy providers and the like. Typical examples of private business use in a college setting often include food service contracts, bookstore contracts, privately sponsored  research and camp programs if they do not meet certain safe-harbors set out in IRS Revenue Procedures 97-13 and 2007-47, or exceptions in IRS regulations for short term and incidental use arrangements.

Since the HETI and HEFT Programs require (and expect) no payments by the Institution, it is not anticipated that the private business payment test will be met for such bonds, but the Authority has requested the Institution to monitor private business use.

As required in the Authority’s bond documents and policies, the Institution will report and certify to the Authority at least annually with respect to the use of Grant-financed facilities, any additions or changes that may have occurred and cooperate with the Authority in determining whether an event has occurred that might adversely affect the tax-exempt status of the State-Backed Bonds and in taking appropriate remedial action. 

 

IV. Record Retention

Authority Grant and other bond documents require the Institution to maintain all relevant records relating to State-Backed Bonds. The Authority will also retain documents it receives directly from the Institution or third parties. These documents include closing transcripts, agreements, including investment agreements, to which the Authority is a party, bank statements, rebate reports and requisitions.  Both the Institution and the Authority shall maintain records for the length of time required to comply with IRS regulations. Currently, records of issuance and related post-issuance compliance documentation must be maintained for the life of the bond issue, including any refunding issue, plus three years.      

Basic records relating to State-Backed Bonds include the transcript as well as documentation evidencing the:

  • Expenditures and requisitions;
  • Investment of bond proceeds;
  • Use of Grant-financed property; and
  • Sources of payment or security for the State-Backed Bonds.

The Authority will rely on the Institution for specific records relating to application of bond proceeds and use of projects and/or equipment financed by Grants received by the Institution.   

 

V. Arbitrage and Rebate

State-Backed Bonds will lose their tax-exempt status if they are classified as “arbitrage bonds.”  In general, arbitrage is earned when the gross proceeds of a bond issue are used to acquire investments that earn a yield that is “materially higher” than the yield on the bonds issued or if funds are held or received by the Institution for the project or for debt service that are invested higher than such yield.  The Code contains two separate sets of requirements that must be complied with to ensure that State-Backed Bonds are not arbitrage bonds. They are:

  • Yield Restriction requirements, which generally provide that in the absence of an applicable exception, bond proceeds may not be invested at a yield in excess of the bond yield; and
  • Rebate requirements, which generally provide that when arbitrage is earned on an issue in excess of permitted amounts, unless an exception is met, the excess earnings must be paid to the U.S. Department of Treasury, even if an exception to the yield restriction requirements applies.

The NJEFA will engage the services of an Arbitrage Compliance Servicer, as necessary, to provide written reports to assist the Authority and the State Treasurer in monitoring yield on investments and calculating any rebate that may be due.  The Institution will cooperate with the NJEFA and the Arbitrage Compliance Servicer to the extent necessary in order for the Arbitrage Compliance Servicer's calculations to be correct.  If the Arbitrage Compliance Servicer provides a written report, it will be provided to the Authority and the State Treasurer and the Institution, to the extent necessary, to permit the Institution to comply with tax or other reporting requirements. 

 

VIII. Continuity and Training

The Compliance Officer and those to whom he or she has delegated responsibilities will receive periodic training regarding the tax and other requirements applicable to State-Backed Bonds.  Such training will cover the purposes and importance of these procedures.  

To provide for continuity of compliance with post-issuance tax requirements, the Institution will periodically consult with the Authority to determine whether this Policy should be modified to reflect changes relating to outstanding State-Backed Bonds and any changes necessitated if the Authority issues additional State-Backed Bonds.

 

IX. Remedial Action

Authority bond documents require that the Institution notify the Authority of events which may affect the permissible use and allocation of State-Backed Bond proceeds and to cooperate with the Authority in seeking remedial action with respect to such events. The Compliance Officer is responsible for notifying the Authority of such events and cooperate with the Authority or other issuers (as applicable) in seeking remedial action pursuant to Treasury Regulation §1.141-12, §1.145-2 or seeking a closing agreement with the IRS under its Voluntary Closing Agreement Program(VCAP).   

The Board of Trustees shall retain the sole right to grant naming opportunities for all schools,
departments, institutes, and programs owned and managed, in whole or in part, by Sussex County
Community College.

Sussex County Community College complies with the New Jersey Conscientious Employee
Protection Act, N. J. Stat. Ann. § 34:19-1 et. seq. (“CEPA”) which protects employees who
report workplace wrongdoing from retaliatory action.

Sussex County Community College and its administration, faculty, and staff are committed to
observing high standards of business and personal ethics in the conduct of their duties and
responsibilities. As employees and representatives of the Sussex County Community College, we
are committed to practicing honesty and integrity in fulfilling our responsibilities and complying
with all applicable laws and regulations.

To accomplish this goal, Sussex County Community College encourages employees to report
illegal or fraudulent workplace activities, policies, or practices.

In accordance with its obligations under N. J. Stat. Ann. § 34:19-1 et seq., Sussex County
Community College will not take any retaliatory action against a Board member, officer,
employee, or volunteer because he or she does any of the following:

A. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy,
or practice of the employer or another employer, with whom there is a business relationship, that
the Board member, officer, employee, or volunteer reasonably believes is in violation of a law,
or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or
certified health care professional, reasonably believes constitutes improper quality of patient
care;

B. Provides information to, or testifies before, any public body conducting an investigation,
hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the
employer or another employer, with whom there is a business relationship, or, in the case of an
employee who is a licensed or certified health care professional, provides information to, or
testifies before, any public body conducting an investigation, hearing or inquiry into quality of
patient care; or

C. Objects to, or refuses to participate in, any activity, policy or practice which the Board
member, officer, employee, or volunteer reasonably believes:

     1. is in violation of a law, or a rule or regulation issued under the law, or, if the
employee is a licensed or certified health care professional, constitutes improper
quality of patient care;
     2. is fraudulent or criminal; or
     3. is incompatible with a clear mandate of public policy concerning the public
health, safety or welfare or protection of the environment.

PURPOSE OF THE POLICY

In many instances, Sussex County Community College (“College”) must rely on individual faculty, staff, and students to report to the College administration cases where it appears that any faculty or staff member of the College community are not complying with applicable law or College policy.  A major deterrent to such reporting is the fear that the person or persons against whom the report is made will retaliate against the person making the report. The purpose of this policy is to clearly articulate that the College prohibits retaliation against those who make bona fide reports of possible non-compliance with laws or College policies.

GENERAL STATEMENT OF THE POLICY AGAINST RETALIATION

College faculty, administrators, and staff shall not intimidate or take retaliatory action, as defined below, against any faculty or staff member of the College who makes a report of the type defined below in good faith and without malice, including any relative of such a person who is an employee or student at the College.

This Policy also prohibits persons from knowingly and intentionally making a report of non-compliance that is false.

TYPES OF REPORTS COVERED BY THE POLICY AGAINST RETALIATION

The prohibition against retaliation applies to:

a. The disclosure of information concerning conduct that the reporter believes is illegal or in violation of College policies;

b. The provision of information or testimony to, or the filing of a complaint initiating proceedings before, a duly constituted investigatory body of the College;

c. Disclosures made during compliance review or a peer review process;

d. The filing of a legitimate complaint or incident report

EXAMPLES OF ACTIONS CONSIDERED AS RETALIATION

Examples of actions that are prohibited include but are not limited to:

a. Intimidation;

b. Adverse actions with respect to the reporter's work assignments, salary, vacation, and other terms of employment;

c. Unlawful discrimination;

d. Termination of employment;

e. Adverse actions against a relative of the reporter who is a College employee or student; and

f. Threats of any of the above

 

EXAMPLES OF ACTIONS NOT CONSIDERED AS RETALIATION

Note that an adverse personnel, academic, or other disciplinary action against an employee or student whose conduct or performance warrants such action for reasons unrelated to the reporting of a concern will not be deemed a violation of this policy.