2016
Annual Security and Safety Report Crime Security Awareness, Safety and Prevention • Jeanne Clery Disclosure of Campus Security Policy • Campus Crime Statistics 2013-2015 • Safety Programs and Services - including sexual assault and sexual violence • Drug-Free Schools and Communities Act • Violence Against Women Act
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Contents Campus and Community Resources.........................................................................................4 The Clery Act...................................................................................................................................5 Security Awareness and Crime Prevention........................................................................... 10 Drug and Alcohol Policies..........................................................................................................19 Sexual Violence and Sexual Harassment Programs, Reporting Procedures................. 23 Discrimination and Harassment............................................................................................... 33
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A Message from the Del Mar College Clery Compliance Committee We are pleased to distribute the 2016 Annual Security and Safety Report (ASR) for Del Mar College (DMC). The ASR is to be prepared annually to be in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and subsequent amendments specified in the Higher Education Opportunity Act (HEOA) and the reauthorization of the Violence Against Women Act (VAWA). The ASR was prepared by the DMC Compliance Committee which consists of members from the DMC Security Office, Environmental Health and Safety Office, the Dean of Student Engagement and Retention and the Vice President of Student Affairs. The ASR is an overall guide for many safety and security policies at DMC and can serve as a guide regarding education and prevention programs in which all community members are invited to attend. The ASR also provides crime statistics for the 2013-2015 calendar years for your review. The safety and well-being of our students, staff, faculty and visitors are of the utmost importance and are continually at the forefront of what we do on a daily basis. Del Mar College consistently works to reduce the risk and potential for crime and other hazardous situations. However, despite our best efforts, crimes and hazardous situations may still occur. Safety and Security is a shared responsibility, and we expect all DMC community members to contribute to the safety and security of our campuses. We ask that if you see something, anything which may cause you to pause, contact DMC Security at (361) 698-1946. Remember it’s always best to say something if you see something. If you have any questions or suggestions regarding this publication, please feel free to contact the Chief of Security at (361) 698-1641; DMC Environmental Health and Safety at (361) 6981641, or the Dean of Student Engagement and Retention at (361) 698-1277. DMC Compliance Committee Dr. Rito Silva Vice President of Student Affairs Cheryl G. Sanders Dean of Student Engagement and Retention Kelly White Director of Environmental, Health, Safety and Risk Management Lauren White Interim Chief of Security
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Campus Resources Counseling Center............................................................................................................................ (361) 698-1586 Harvin Student Center, East Campus, Room 233A www.delmar.com/counsel Dean of Student Engagement and Retention........................................................................... (361) 698-1277 Harvin Student Center, East Campus, Room 204 www.delmar.com/engage Title IX Coordinator Services for Students – Cheryl Sanders......................................................................................... (361) 698-1277 Services for Faculty and Staff – Jerry Henry................................................................................(361) 698-1088 Office of General Counsel..............................................................................................................(361) 698-1098 Environmental Health, Safety and Risk Management.............................................................(361) 698-1641 Maintenance Building, East Campus, Room 105 www.delmar.edu/safety Financial Aid Services....................................................................................................................... (361) 698-1293 Harvin Student Center, East Campus, Room 262 www.delmar.edu/finaid Disability Services Office................................................................................................................. (361) 698-1292 Harvin Student Center, East Campus, Room 188 www.delmar.edu/disability Student Leadership and Campus Life..........................................................................................(361) 698-1279 Harvin Student Center, Room 105 www.delmar.edu/leadership_campus_life Vice President of Student Affairs..................................................................................................(361) 698-2250 St. Clair Building, East Campus, Room 116C Student Veterans Services.............................................................................................................. (361) 698-1250 Harvin Student Center, Room 270 www.delmar.edu/veteran Campus Security Emergency............................................................................................................................................(361) 698-1199 Non-emergency................................................................................................................................. (361) 698-1946
Community Resources City of Corpus Christi Police Department Emergency......................................................................................................................................................911 Non-Emergency................................................................................................................................ (361) 886-2600 MHMR 24-Hour Crisis Line............................................................................................................1-800-762-0157
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The Clery Act The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all institutions of higher education that participate in the federal student financial aid program to make known crimes occurring on their campus and in the surrounding community. The Clery Act is enforced by the U.S. Department of Education, and campuses that fail to comply are penalized with hefty fines and may be suspended from participating in federal financial aid programs.
3. DMC security must keep and make available a crime log of all crimes reported to them in the past 60 days. In addition to the items above the Annual Security and Safety Report addresses the Violence Against Women Act (VAWA) amendments to the Clery Act. VAWA expanded the rights afforded to campus survivors of sexual assault, domestic violence, dating violence and stalking. The safety and security of all members of the College community are paramount issues of concern. The pages in the report contain detailed information regarding: crime prevention, fire safety, law enforcement authority, crime reporting policies, disciplinary procedures and other areas of security and safety on campus. This report also contains information about campus crime statistics. Members of the campus community are encouraged to use this report as a guide for safe practices on and off campus. The report is available at www.delmar.edu/Disclosure.aspx. Every member of DMC receives an email that describes the report and provides its website address. For more information or to request a paper copy of this report, contact the Dean of Students Engagement and Retention at (361) 698-1277.
The Clery Act was signed in 1990 and is named after Jeanne Clery. She was a student who was raped and murdered in a residence hall at Lehigh University in 1986. Clery’s parents lobbied Congress to enact the law so that parents, students and faculty know about crimes on campus.
Compliance with the Clery Act The Clery Act requires Del Mar College (DMC) to provide timely warnings of crimes that represent a threat to the safety of students and employees. The campus security policies are made available to the public on the DMC website. The act requires DMC to collect, report and make the Annual Security and Safety Report available to everyone on campus as well as to the Department of Education.
Preparing the Annual Disclosure of Crime Statistics
To be in full compliance, DMC must do the following:
The College coordinates the collection and reporting of crime statistics as specified in the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act). Each year, the institution notifies all enrolled students and employees, via email, that they can view the report at www.delmar.edu/Disclosure.aspx.
1. Publish and distribute the Annual Security and Safety Report to current students, prospective students and employees by October 1 of each year. The report must include crime statistics for the past three years, campus policies about safety and security measures, campus crime prevention programs and list procedures to be followed in the investigation of alleged sex offenses. 2. Provide students and employees with timely warnings of crimes that represent a threat to their safety.
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Prospective employees and students are notified about the availability and location of the report via the online employee and student application process. This report is prepared in cooperation with DMC security, the office of Environmental, Health, Safety and Risk Management, local law enforcement agencies and the Office of Student Affairs. Each entity provides current information about its Safety and Security Educational efforts
and programs. Annually, DMC sends a written request to Campus Security Authorities (CSAs) requesting information about all Clery Crimes that occurred on DMC’s Clery Geography that were reported to them. DMC does allow individuals to report crimes on a confidential, voluntary basis for inclusion in the annual disclosure of crime statistics.
provides information for reporting crimes, important college policies and procedures, law enforcement and security on campus and support services for victims of crimes. It is the policy of DMC to provide an environment conducive to an educational mission; thus any conduct that is prohibited by state, federal or local law is subject to discipline under the provisions of policies stated in the Del Mar College Policy Manual and Student Handbook as appropriate. The College monitors and reports to law enforcement agencies illegal conduct of students, faculty or staff on College premises or off-campus locations. In addition, College officials may refer any evidence of illegal activities to the proper local, state or federal authorities for review and potential prosecution.
Reports of criminal activity given to CSAs and reports of crimes made to local law enforcement agencies are collected and included in the Annual Security and Safety Report as required by the Clery Act. “Campus Security Authority� (CSA) means an individual with responsibility for campus safety and security. This includes campus security; individuals who are responsible for monitoring buildings or college grounds or with similar security responsibilities who are not part of campus security; individuals or organizations specifically identified to receive reports of criminal offenses; and college officials but not limited to all deans, directors, department chairs, student conduct and advisors to student organizations.
Campus Security and Police Authority DMC has a contract with a licensed security company to provide commissioned security guards who provide services 24 hours a day, 7 days a week.
Law Enforcement Authority
Campus Security and Crime Awareness
DMC employs off-duty CCPD police officers who are trained and certified under the guidelines of the State of Texas. Officers are sworn with the full powers of arrest and mandated to enforce all applicable federal and state laws as well as local ordinances. Reports of offenses occurring on campus are generally investigated by the offduty CCPD officers and forwarded to the Corpus Christi Police Department for any follow-up investigation. DMC also maintains formal and informal liaisons with various local, state and federal law enforcement agencies in support of campus security and safety efforts.
Through the teamwork of the College and campus community, DMC consistently strives to be among the safest large community college campuses in Texas. We work to achieve this by developing a partnership with students, administrators, faculty and staff. With a campus population of more than 12,000, DMC campus is a reflection of the communities it serves and is not immune to societal problems. Preventing or reducing crime in any community is a tough task. Success in crime prevention and safety at DMC depends largely on the education and participation of the campus community. The campus community is provided information about safety programs and services, but individuals should be advised that they are responsible for their own security and safety. Each year the College is responsible for publishing this annual report concerning campus security and crime statistics. The report 6
Accurate and Timely Reporting of Criminal Offenses
• Murder/Non – negligent manslaughter
DMC community members are encouraged to accurately and promptly report all crimes to DMC Security and local police agencies. Reporting of criminal offenses aids the College in informing the community when necessary and assists in the accurate reporting of crimes statistics. The campus community is encouraged to report all crimes in a timely manner. Any alleged criminal actions (including sex offenses) or emergencies that occur on or off campus of the College can be reported in any of the following ways:
• Sex offenses
• Robbery • Domestic violence/ dating violence/ stalking • Violations of liquor laws, drug law or weapons possession law • Any crimes where victim was based solely on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity or national origin
For Emergencies
Decisions concerning whether to issue a timely warning will be made on a case-by-case basis using the following criteria:
• Dial 911
• Nature of the crime
• Emergencies include any crime in progress or medical emergencies.
• Danger and continuing danger to the campus • Risk of compromising law enforcement efforts
• DMC Security dial (361) 698-1199 to report any emergency to campus security.
Criminal reports are considered on a case-bycase basis, depending on the facts and the information known by campus security. For example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other DMC community members and a timely warning may not be distributed. In cases involving sexual assault, they are often reported long after the incident occurred, thus there is no ability to distribute a “timely” warning notice to the community. The DMC Chief of Security or designee reviews all reports to determine if there is an on-going threat to the community and if the distribution of a timely warning is warranted. Timely warnings may also be posted for other crime classifications and locations, as deemed necessary. These crimes are normally reported directly to campus security. However, sometimes they are reported to a local law enforcement agencies or Campus Security Authorities (CSAs). Campus security has requested CSAs notify campus security about crimes reported to them that may require a timely warning.
Non-Emergencies • Call DMC security at (361) 698-1946 • Use a Code Blue telephone at locations throughout the campus • Request that any campus official assist with reporting the alleged crime • TTY callers: (800) RELAY TX
Timely Warnings DMC provides timely warning to the campus community when a crime is reported to have occurred on DMC’s Clery Geography and is considered to represent a serious or continuing threat to students or employees. The College will distribute timely warning announcements when there appears to be a threat to the safety and security of persons on campus for the following crimes: • Aggravated assault • Arson • Burglary • Negligent manslaughter • Motor vehicle theft
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Timely warnings are primarily distributed through the College’s email system but may also be
annually. Exercises may include tabletop, functional, full-scale or any combination thereof. Tests may be announced or unannounced in advance to the campus community. Each test is documented, including at a minimum a description of the test, the date and time, and whether it was announced or unannounced.
• Posted on campus bulletin boards or other appropriate locations • Sent to campus and local newspapers Timely warning notices are usually written by the Chief of Security, or designee and distributed by College Relations. Warnings will contain information about the nature of the threat and allow members of the community to take protective action.
Various campus units, including EH&S and security, utilize outreach programs to train and educate the campus community, providing the knowledge needed to respond appropriately to various types of hazards.
Emergency Response and Evacuation/ Closing Procedures on Campus
Emergency Notification System Upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the life, safety or security of the campus community occurring on campus, DMC will, without delay -- and taking into account the safety of the community -- determine the content of emergency notification messages and initiate the notification system. Unless issuing a notification will, in the professional judgment of the responsible authorities, compromise efforts to assist a victim or contain, respond to, or otherwise mitigate the emergency.
DMC regularly develops and updates plans and procedures for emergency response and evacuation for the campus community. Emergency plans and procedures as well as a variety of additional resources are available for viewing at www.delmar.edu/Guide.aspx. Possible emergencies that may occur include, but are not limited to the following: • Bomb threat • Campus violence
• Fire (localized building fire or wildfire)
The following campus officials have been designated to serve as authorized officials who are empowered to approve the content and issuance of emergency notifications:
• Gas leak
• President or designee
• Hazardous material spill
• Provost
• Public health crisis
• Chief of Security or designee
• Severe weather
• Vice President of Student Affairs
• Terrorist incident
• Director of Environmental Health and Safety or designee
• Civil unrest • Explosion
Environmental Health and Safety (EH&S) is responsible for conducting tests of emergency response and evacuation procedures on at least an annual basis through a variety of drills and exercises designed to assess and evaluate emergency plans and capabilities. Emergency notification systems are tested at least once
• Executive Director of Strategic Communication and Government Relations or designee
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When an authorized official receives a report of an imminent or already occurring situation that poses an immediate threat to life, safety or security on campus, the official will confirm the report. Depending on the situation, confirmation may be achieved through one or more of the following sources:
Depending on the circumstances, DMC may send emergency notification messages to the entire campus community or only a segment of the population. If a confirmed emergency situation appears likely to affect a limited segment of the campus community, emergency notification messages may be limited to that group. If the potential exists for a very large segment of the campus community to be affected by a situation or when a situation threatens the operation of the campus as a whole, then the entire campus will be notified.
• Investigation by campus security, including off-duty CCPD officers • Investigation by other DMC campus unit, including but not limited to the Director of Environmental, Health, Safety and Risk Management, Vice President of Student Affairs and Director of Facilities
In any case, there will be a continuing assessment of the situation and additional segments of the campus community may be notified if the situation warrants such action. The authorized official will, considering the nature of the threat and the population to be notified, choose the appropriate communication tool(s) to utilize.
• Investigation by City of Corpus Christi Fire Department and/or Police Department • Nueces County Emergency Services and/or Health Department
DMC has at its disposal a number of tools that may be used to disseminate emergency notifications to the campus community. Emergency notification will typically be sent through:
• Texas Department of State Health Services • Media reports originating from the incident scene The authorized official will determine, consulting with other campus officials as appropriate, how much information is appropriate to disseminate at different points in time. This determination will be based on the following:
• DMC Alert (Powered by Rave Mobile Safety) • Email
• Nature of incident or threat
• Information posted on the DMC website and/or social media
• Segment to be notified
Additional notification methods may include:
• Location of the incident or threat
• Fire alarms • Public address systems • Posted advisory messages • Emergency responder announcements The nature of the emergency will determine the types and extent of the notification. The authorized official will approve the issuance of notification and contact College Relations which will issue the notification message as soon as possible. The authorized official will notify administration.
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Security Awareness and Crime Prevention Security/Safety Awareness
Crime Prevention
Del Mar College is concerned about the safety and security of all students, faculty, staff and visitors to our campuses. Throughout the year, the Security Office, along with the Environmental Health and Safety Office, provides training for individuals on various security and safety issues.
Education and Prevention Programs 2015 Del Mar College provided the community with programs that aid in promoting the prevention of dating violence, domestic violence, sexual assault and stalking for all incoming students and new employees and ongoing awareness and prevention campaigns for students and employees.
The trainings include: 1. Active Shooter (face to face and online available)
Policy Statement A9.1.8 Del Mar College Educational Programs and Resources: In addition to assisting students and employees with complaints, the College continues to take steps aimed at reducing or eliminating sexual violence by offering or making available the following resources and educational program to students and employees:
2. CRASE (Civilian Response to Active Shooter Events) 3. Campus Threat (online video) 4. New Student Orientation 5. Blood Borne Pathogens 6. Hazard Communication (online)
1. Sexual Violence Awareness Prevention Workshops/Trainings (including rape, acquaintance rape, or other sex offenses, forcible or non-forcible)
7. Fire Alarm and Portable Fire Extinguisher 8. Kitchen Safety 9. Back Safety and Injury Prevention
2. Bystander Training
10. Forklift Safety
3. Alcohol and Other Drug Abuse Prevention Workshop/Trainings
11. Pallet Stand Safety The Security Office and the Environmental Health and Safety Office also provides general safety and security information to the Foghorn (student newspaper). The offices also send out timely mass notification announcements regarding potential campus threats and severe weather updates. The Office of Environmental Health and Safety works with community agencies to inform students, faculty and staff of public health notifications which might impact the Del Mar community.
4. Title IX Workshops/Trainings Students and employees may also obtain written information on the topics listed above, as well as published crime statistics. Students have the opportunity for on-campus confidential counseling and referral for treatment to offcampus, community-based counseling services.
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The College has developed an annual educational campaign consisting of presentations that include distribution of education materials to new students and participating in and presenting information and materials during new employee orientation.
awareness and prevention of Dating Violence, Binge Drinking, STD’s, Sexual Awareness (Assault, Misconduct and Violence). 9. August: Speaker, Justine Shuey presented on Title IX “50 Shades of No” 10. August: “Girls Night Out” event about college life and staying healthy, sane and safe
The College offered the following prevention and awareness programs in 2015:
11. October: Speaker, Jereme Ford presented “Domestic Violence: That’s Abuse Too!”
1. New Student Orientation sessions throughout the calendar year on Title IX and the Campus SaVE Act, online and in-person
12. October: Spooktakular Heath Fair featuring Alcohol and other Drug Education and Personal Safety
2. Online Title IX and Campus SaVE Act Trainings for Faculty and Staff
13. Council on Alcohol/Drug Awareness of the Coastal Bend (Informational table four times throughout the calendar year)
3. Student Heath 101 Interactive Digital Magazine that provided a monthly feature addressing the requirement of Title IX and the Campus SaVE Act (January- Survivor’s Speak Up; February- Consensus on Consent; March- Men as Allies and Survivors; AprilRed-flagging Unhealthy Behaviors; MayIndividual and Community Empowerment; June- Recovering from Sexual Assault and Abuse; September- Sexual Assault; OctoberSocial Event/Sexual Assault; November- Male Sexual Assault; December-Sexual Consent)
14. Women’s and Men’s Health Clinic (Informational table eight times throughout the year including four HIV/STD testing sessions) 15. Coastal Bend Wellness (Informational table five times throughout the calendar year)
4. Posters and Flyers displayed around campus on Title IX and the Campus SaVE Act (What to Do if you are Victim of Sexual Violence; Where to Get Help if you are a Victim of Sexual Violence; How to Help a Victim of Sexual Violence) 5. Del Mar College Sexual Violence Brochure (Facts and Resources on Sexual Assault, Stalking, Dating Violence and Domestic Violence) 6. Texas Association Against Sexual Assault Brochures (Confronting Sexual Assault; Strategies for Avoiding Sexual Assault; Stalking) 7. Foghorn (Student Newspaper) articles on Title IX and the Campus SaVE Act 8. March: Spring Break Bash (Local Agencies on Campus: Women and Men’s Clinic, South Texas Family Planning, Texas Council on Alcohol and Drugs of the Coastal Bend and Coastal Bend Wellness) to promote the 11
Crime Stoppers
Security Services
Anyone with information on criminal activity can call (361) 888-TIPS (8477) and may receive a cash award if the tip leads to the arrest and indictment of the criminal offender. The cash award comes from the Corpus Christi Crime Stoppers, a nonprofit organization. You may remain anonymous when you report your crime tip. Students and employees are urged to use this reporting option when anonymity is a primary concern.
Campus security is responsible for ensuring all exterior doors at DMC facilities are secured after hours.
Emergency Telephones Emergency phones (Code Blue Phones) have been placed at strategic locations on campus. When the emergency button is pushed, the location of the call is automatically identified and the caller is connected to the campus security.
If an individual does not want to report a crime to the police the individual may also report crimes to a designated campus security authority (CSA). These designated individuals have significant responsibility for student and campus activities, and as such are provided notice by DMC as to the extent of their responsibility and how to report crimes to DMC.
College Keys/Access Physical Facilities is responsible for all points of access and the means by which they operate. DMC has an established policy and procedure for the issuance of keys/access cards and documents for the faculty and staff who are issued keys/access cards.
An anonymous reporting system is available on the DMC webpage for information about crimes not in progress. This site is not monitored 24/7. For a more timely response, please contact Campus Security at (361) 698-1946 or call 911. The site can be reached at www.delmar.edu/ etips.
Electronic Alarm Security DMC has a contract with an off-site monitoring company for fire and security alarms.
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2013-2015
Clery Act Statistics • • • • •
East Campus West Campus Center for Economic Development (CED) Northwest Aviation Maintenance Hangar
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No unfounded cases for this reporting period.
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No unfounded cases for this reporting period.
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No unfounded cases for this reporting period.
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No unfounded cases for this reporting period.
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No unfounded cases for this reporting period.
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Drug and Alcohol Policies Del Mar College is committed to working to maintain a safe, healthy, lawful and productive working and educational environment for all employees and students. Studies have shown that use of illegal drugs and abuse of alcohol increases the potential for accidents, absenteeism, tardiness, unsatisfactory performance, inefficiency, poor employee morale and damage to the College’s reputation.
and leasing of auditorium and classroom spaces. • This policy does not cancel or supersede other laws, orders, instructions, or regulations which make the use, possession and/or distribution of dangerous drugs and controlled substances illegal. • When personal or behavioral problems begin to affect an employee’s work or student’s academic performance, and this appears to be the result of drug or alcohol abuse, the individual may be referred to the College Counseling Center for information on drugs/alcohol and/or to local community professionals. The student shall be responsible for any cost and/or fees incurred for professional services. Information concerning diagnosis, treatment and medical records will be kept strictly confidential.
The intent of this policy is to make Del Mar College a better place to study and work through upgrading the mental and physical health of the total College community. It acknowledges the freedom of choice for those individuals who require or seek information relative to drug/ alcohol abuse.
A. Definition of Legal Drugs • A “legal drug” is a prescribed drug or over-thecounter drug which has been legally obtained and is being legally used for the purpose for which it was prescribed or manufactured.
• It is recognized that a person’s job performance or academic studies may be affected by persons in the employee’s or student’s family who have alcohol, drug, or other emotional or behavioral problems. Therefore, the College will offer information services to these family members, but accepts no further responsibility.
B. Definition of Illegal Drugs • An “illegal drug” is any drug or controlled substance which is (l) not legally obtainable or (2) is legally obtainable but was not legally obtained. The term “illegal drug” includes all illegal drugs, dangerous drugs and controlled substances defined and listed in Articles 447614 and 4476-15 (Texas Controlled Substances Act) Vernon’s Texas Civil Statutes. Marijuana, hashish, cocaine, PCP, LSD, heroin, dilaudid, quaaludes, steroids and methamphetamine are only a few of the dangerous drugs or controlled substances which are included within such terms. • This policy applies to all students and employees of Del Mar College, as well as College visitors, contractors and all other persons occupying space in/on conveyances, offices, buildings, facilities, or grounds over which Del Mar College has custody and control, including, but not limited to, rentals
• Use, distribution, or possession of alcoholic beverages, dangerous drugs, or controlled substances while on College property or at any authorized activity sponsored by or for any College-related organization, whether on or off campus, is subject to disciplinary action.
Services Offered on Campus Counseling Center (361) 698-1586 Disability Services (361) 698-1292 Dean of Student Engagement and Retention (361) 698-1277 19
Compliance with Policies and Laws
B5.40.1.1 Definition of Legal Drugs: A “legal drug” is a prescribed drug or over-the-counter drug which has been legally obtained and is being legally used for the purpose for which it was prescribed or manufactured.
Each DMC student should be familiar with all published college policies. DMC holds each student responsible for compliance with these published policies. A violation that occurs off campus during a college-sponsored program or activity may be treated the same as if it occurred on campus.
B5.40.1.2 Definition of Illegal Drugs: An “illegal drug” is any drug or controlled substance which is (1) not legally obtainable or (2) is legally obtainable but was not legally obtained. The term “illegal drug” includes all illegal drugs, dangerous drugs, and controlled substances defined and listed in Articles 4476-14 and 447615 (Texas Controlled Substances Act) Vernon’s Texas Civil Statutes. Marijuana, hashish, cocaine, PCP, LSD, heroin, dilaudid, qualudes, steroids, and methamphetamine are only a few of the dangerous drugs or controlled substances which are included within such terms.
Students are also expected to comply with all federal, state and local laws; any student who violates any provision of those laws is subject to disciplinary action in addition to any action taken by civil authorizes because of the violation. This principal extends to conduct off campus that is likely to have an adverse effect on the College or the educational process. All sanctions are cumulative. Students who have previous Code of Conduct violations, including alcohol policy violations, may receive increased sanctions. Sanctions may also be increased based on the severity of the behavior.
B5.40.2 Educational Objectives: B5.40.2.1 To include the subject of illegal drug and alcohol abuse in future College-sponsored student and employee training programs.
Title IV Consumer Information Disclosure - Drug and Alcohol Abuse Prevention/Policy
B5.40.2.2 To inform employees of the College’s informational service and of this policy through various means, such as divisional and departmental meetings, and new employee orientation processes.
B5.40 Policy on Drugs and Alcohol: The purpose of this policy is to inform the Del Mar College community of its intent to comply with the “Drug Free Schools and Communities Act of 1986” (PL 99-570).
B5.40.2.3 To inform students of the College of this policy and informational services through various means, such as the campus newspaper Foghorn, Counseling Office, club meetings, “drug free”- related activities each semester and the College’s electronic data board located in the campus student centers.
B5.40.1 General Statement: Del Mar College is committed to working to maintain a safe, healthy, lawful and productive working and educational environment for all employees and students. Studies have shown that use of illegal drugs and abuse of alcohol increases the potential for accidents, absenteeism, tardiness, unsatisfactory performance, inefficiency, poor employee morale and damage to the College’s reputation. The intent of this policy is to make Del Mar College a better place to study and work through upgrading the mental and physical health of the total College community. It acknowledges the freedom of choice of those individuals who require or seek information relative to drug/alcohol abuse.
B5.40.3 Applicability and Scope: B5.40.3.1 This policy applies to all students and employees of Del Mar College, as well as College visitors, contractors and all other persons occupying space in/on conveyances, offices, buildings, facilities, or grounds over which Del Mar College has custody and control, including but not limited to, rentals and leasing of auditorium and classroom spaces. 20
B5.40.3.2 This policy does not cancel or supersede other laws, orders, instructions, or regulations which make the use, possession, and/or distribution of dangerous drugs and controlled substances illegal.
B5.40.5 Prohibition of Anabolic Steroid or Human Growth Hormone: Section 7, Section 4.11, Texas Controlled Substances Act (Article 44.76, Vernon’s Texas Civil Statutes), requires that the following notice be posted in a conspicuous place in the gymnasium:
B5.40.4 Drug and Alcohol Information Services: The College recognizes that alcoholism and drug dependency are “illnesses” or “disorders” and the College will provide information to any employee or student seeking assistance.
Anabolic steroids and growth hormones are for medical use only. State law prohibits the possession, dispensing, delivery, or administering of an anabolic steroid or growth hormone in any manner not allowed by State law. State law provides that body building, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Corrections.
B5.40.4.1 When personal or behavioral problems begin to affect an employee’s work or a student’s academic performance and this appears to be the result of drug or alcohol abuse, the individual may be referred to the College Counseling Center for information on drug/alcohol and/or to local community professionals. The following guidelines apply to all persons seeking help. B5.40.4.2 Employees or students shall not be discriminated against because they are known to have had alcohol, drug, or any other behavioral problems as evidenced by their responsibly seeking or utilizing counseling or treatment services.
B5.40.6 Prohibition (Drugs and/or Alcohol): The College prohibits the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances and/or alcohol in the workplace. The College further prohibits the consumption of any alcoholic beverage or being under the influence of alcohol or any controlled substances within the workplace or in College owned vehicles. An individual need not be legally intoxicated to be considered “under the influence of a controlled substance or alcohol.”
B5.40.4.3 As outlined in the College’s Sick Leave Policy (B5.27), employees may utilize accumulated sick leave or a reasonable leave of absence without pay for the purpose of treatment or rehabilitation as in any other illness. B5.40.4.4The employee or student shall be responsible for any cost and/or fees incurred for professional services. B5.40.4.5 It is recognized that a person’s job performance or academic studies may be affected by persons in the employee’s or student’s family who have alcohol, drug, or other emotional or behavioral problems. Therefore, the College will offer information services to these family members, but accepts no further responsibility.
B5.40.6.1 Exemptions (Presidential Approval Required): The College President is authorized to approve exemptions to B5.40.6 to allow the serving of alcoholic beverages, as provided by law, at various Foundation, Alumni and community events sponsored or approved by the College. Exemption requests shall be made on a form provided by the College.
B5.40.4.6 Information concerning a student’s or employee’s diagnosis, treatment and medical records will be kept strictly confidential.
B5.40.7 Condition of Employment: As a condition of employment with the College or as a condition of receiving or continuing to 21
A5.40.9.3 All students and staff are reminded that local, state, and federal laws provide legal sanctions for unlawful possession of illicit drugs and alcohol. These sanctions may include probation and/or imprisonment.
receive a federal grant, each person affected shall abide by the terms of the requirements and prohibitions set out in this policy and shall notify the College President, in writing, of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
A5.40.9.4 Numerous health risks are associated with the use of alcohol, tobacco and illicit drugs. These include fetal alcohol syndrome, cancer, heart problems, cirrhosis of the liver, AIDS and mental and other health problems.
B5.40.7.1 Within thirty (30) days of receiving notice from an employee or grant recipient, or otherwise receiving actual notice of a conviction for criminal drug statute violation occurring in the workplace, the College shall either (1) take appropriate personnel action against the employee up to and possibly including termination, or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health agency, law enforcement agency or other appropriate agency.
A5.40.9.5 The College provides limited counseling services for students and employees who desire them, but prefers to refer those in need of treatment and rehabilitation to local community professionals. Current employee health benefits include insurance coverage for treatment of illnesses associated with the use of illicit drugs and the abuse of alcohol. A5.40.9.6 The College will impose disciplinary sanctions consistent with law and other policies that have been or will be established on students and employees. These sanctions may extend up to, and include, expulsion from the College or termination of employment and referral for prosecution. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
B5.40.8 Notice: Each employee, full-time or part-time, as well as student workers and grant recipients, shall be given a copy of the College’s policy on drugs and alcohol and must sign a statement attesting to the receipt of the policy.
A5.40.9.7 The College will undertake a biennial review of this program through the College Heads-Up Committee to determine its effectiveness, implement changes as needed, and ensure that its disciplinary sanctions are consistently enforced.
B5.40.8.1 A copy of this policy shall be printed in the College Student Handbook. A5.40.9 Drug Prevention Program: The Administration hereby adopts and implements a program to prevent the illicit use of drugs and the abuse of alcohol by employees and students in the workplace. This policy will be maintained in compliance with federal regulations on behalf of the Drug-Free Schools and Communities legislation. A5.40.9.1 Annually the College will distribute copies of this policy and others related to it to each employee and to each student enrolled in a credit course or courses. A5.40.9.2 For all of the above persons, the College prohibits the unlawful possession, use, or distribution of illicit drugs or alcohol on College property or as part of College activities. 22
Sexual Violence and Sexual Harassment Programs and Reporting Procedures B9.1 Policy Prohibiting Sexual Violence
are processed through Board Policy B7.12. Employee complaints or grievances regarding general terms and conditions of employment are processed through Board Policy B5.43. Student complaints of discrimination, retaliation and sexual harassment, that do not contain allegations of sexual violence, are processed in accordance with Board Policy B7.19. Employee complaints of discrimination, retaliation and sexual harassment that do not contain allegations of sexual violence are processed through Board Policy B5.50.
B9.1.1 Purpose and Authority: Del Mar College establishes this policy and related procedures in its continuing effort to seek equity in education and employment, and consistent with its legal responsibility and authority to take measures to address and prevent sexual violence, as required by Title IX of the Higher Education Act of 1964, as amended, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended. This policy is intended to inform students and employees of their rights if they are subjected to sexual violence, including the complaint procedures and support services that a survivor of sexual violence can access. This policy is also intended to inform students and employees of their responsibilities if they are aware that sexual violence has occurred to a Del Mar College student or employee.
A9.1.4 Definitions: The following definitions apply to terms referenced herein. a) Complainant: The Complainant is the student or employee who initiates a complaint of sexual violence with either the District Student Complaint Coordinator or the District Complaint Coordinator. Complainants are not limited to those employees or students who have personally experienced the alleged act of sexual violence, but also those employees or students who may have either received notice of or witnessed the incident.
B9.1.2 Statement of Policy: Del Mar College (the “College”) will not tolerate and strictly prohibits sexual violence, including domestic violence, dating violence, sexual assault and stalking. The College will act to protect its students and employees from incidents of domestic violence, dating violence, sexual assault and stalking committed by employees, students, or outside third parties.
b) Respondent: The Respondent is the student, employee or outside third party named in a complaint of sexual violence, initiated pursuant to this policy, as having engaged in sexual violence against a College employee or student. c) District Student Complaint Coordinator: The District Student Complaint Coordinator, who is the Dean of Student Engagement and Retention, is the person designated by the College to receive any complaint of sexual violence against or by students; assist the Complainant in the use of the complaint form and procedures provided herein; investigate the complaint or identify a designee to conduct the investigation; provide information regarding law enforcement, medical, sexual trauma and counseling resources; provide assistance regarding various internal and external mechanisms through which the complaint may be filed, including applicable time limits,
A9.1.3 Scope: This policy applies to and may be used by all students and employees, regardless of gender, sexual orientation or gender identity, to report incidents of sexual violence, including domestic violence, dating violence, sexual assault and stalking occurring on or off campus. Student and employee grievances and complaints that do not contain allegations of sexual violence are excluded from this process. General student complaints or grievances reflecting a student’s disagreement with the application of a specific College rule, practice and/or policy 23
if any, for filing with external agencies and law enforcement agencies.
g) Consent: A sexual act or assault is without the consent of the other person if: 1. the actor compels the other person to submit or participate by the use of physical force or violence;
d) District Complaint Coordinator: The District Complaint Coordinator, who is the Director of Human Resources, is the person designated by the College to receive any complaint of sexual violence against or by employees; assist the Complainant in the use of the complaint form and procedures provided herein; investigate the complaint or identify a designee to conduct the investigation; provide information regarding law enforcement, medical, sexual trauma and counseling resources; provide assistance regarding various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies and law enforcement agencies.
2. the actor threatens physical force or violence against the other person or any person and the other person believes the actor has the present ability to execute the threat; 3. the actor knows the other person is unconscious or physically unable to resist; 4. the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; 5. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
e) Sexual Violence: As referenced in this policy, sexual violence is defined as an act of sexual assault, stalking, domestic violence or dating violence.
6. the actor has intentionally impaired the other person’s ability to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;
f) Sexual Assault: A person commits a sexual assault if he or she intentionally or knowingly:
7. the actor is a public servant who coerces the other person to submit or participate;
1. causes the penetration of the anus or sexual organ of another person, by any means without the person’s consent;
8. the actor is a mental health services provider, heath care services provider or member of the clergy who coerces the other person to submit or participate by exploiting the other person’s emotional dependency on the actor.
2. causes the penetration of the mouth of another person by the sexual organ of the actor without the person’s consent; 3. causes the sexual organ of another person, without the other person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person;
h) Stalking: Stalking occurs where, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, an actor engages in conduct, including following, where:
4. causes the penetration of the anus or sexual organ of a child (a person younger than 17 years of age) by any means;
1. the actor knows or reasonably believes the other person will regard the conduct as threatening bodily injury or death for the other person or a member of the other person’s family or household, or the commission of an offense against the other person’s property;
5. causes the penetration of the mouth of a child (a person younger than 17 years of age) by the sexual organ of the actor; 6. causes the sexual organ, mouth or anus of a child (a person younger than 17 years of age) to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
2. the actor’s conduct causes the other person or a member of the other person’s family or 24
household to be in fear of bodily injury, death or the commission of an offense against the other person’s property;
a) Your immediate personal safety is of the utmost importance. As soon as possible, following an incident of sexual violence, get to a place of safety.
3. the actor’s conduct would cause a reasonable person to fear bodily injury or death for himself or herself, or for member of the person’s family or household, or the commission of an offense against the other person’s property.
b) Contact the police at 911 as soon as possible after the assault has occurred. It is the decision of the person experiencing sexual violence in determining whether or not to file charges. It is important to note that where a charge is filed with the police, the State covers the cost of medical care provided at the emergency room. If a charge is not filed, the person experiencing sexual violence will be responsible for medical costs incurred. However, when a report is filed, you are NOT obligated to continue with the police criminal justice system or the campus disciplinary action process.
i) Domestic Violence: Domestic violence is any act by a member of a family or household against another member of the family or household, including children, that is intended to result in physical harm, bodily injury, assault or sexual assault, or that is a threat that reasonably places the other member in fear of imminent physical harm, bodily, assault or sexual assault.
c) Contact someone you trust to be with you and help you deal with any trauma you are experiencing. If you wish, you may contact the College’s Counseling Center to assist you (361) 698-1586. After business hours, contact Campus Security at (361) 698-1199. Your situation will be handled confidentially.
j) Dating Violence: Dating violence is any act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault or sexual assault. A “dating relationship” is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
d) It will be important to collect and preserve all evidence, where possible, within 24 hours of the attack of sexual violence. For example, do not change clothes or wash or dispose of clothes you were wearing at the time of the sexual violence incident. Do not wash, shower or douche. If a change of clothing is unavoidable, put all clothing you were wearing at the time of the sexual violence incidence in a paper (not a plastic) bag. Until police have investigated the area where the incident occurred and dusted for fingerprints, avoid touching any smooth surfaces that the assailant may have touched.
k) Retaliation: A party engages in retaliatory action when he or she engages in revenge or reprisal in response to a complaint of sexual violence. Retaliation occurs when the Respondent personally engages in an act of reprisal or allows others to engage in acts of reprisal on their behalf. Retaliation includes, but is not limited to, threats of harm injury against the Complainant and, or witnesses, employment actions meant or to harm an employee Complainant or employee witnesses, adverse grading of student Complainants or student witnesses, or attempts to influence the testimony of witnesses by trying to discuss allegations with the witnesses during the pendency of an investigation and appeal.
e) Document any injury you suffered either by photographing or by showing your injuries to someone you trust. f) Seek and obtain medical attention as soon as possible to treat any physical injury and obtain preventative treatment for possible sexually transmitted disease and other health services. Medical providers can also assist with preserving evidence documenting your injuries.
A9.1.5 What To Do If You Are A Victim of Sexual Violence: Students and employees are advised of the following courses of action in the event of an incident of sexual violence. 25
g) In addition to seeking assistance from law enforcement, you can also take steps to protect yourself from the assailant by staying with friends or family after the act of sexual violence, letting your voicemail record telephone calls and messages, notifying the College of the incident in order to ensure the assailant is not allowed to have contact with you while on campus or at campus events.
Christus Spohn Hospital (Shoreline) 600 Elizabeth St. Corpus Christi, TX (361) 881-3000 Crime Victim Services 3833 S. Staples St. #203 Corpus Christi, TX (361) 852-7540
h) For assistance with filing a complaint of sexual violence through College complaint procedures, obtaining assistance with accessing law enforcement, and confidential counseling, emotional support, and immediate emergency services, if not already accessed, students should contact the Dean of Student Engagement and Retention. Employees should contact the Director of Human Resources for the same assistance.
Corpus Christi Hope House 658 Robinson St. Corpus Christi, TX (361) 852-2273 Sexual Assault Legal Services and Assistance (888) 343-4414 Women’s Shelter of South Texas 813 Buford St. Corpus Christi, TX (361) 881-8888
In addition to contact information for the Dean of Student Engagement and Retention and the Director of Human Resources, the following contacts are for campus and local advocacy, counseling, health, mental health and legal assistance services:
National Sexual Assault 24/7 Crisis Hotline (RAINN) 1-800-656-HOPE (4673) Stalking Resource Center/ National Center for Victims of Crime www.ncvc.org/SRC/Main.aspx
Cheryl G. Sanders Dean of Student Engagement and Retention Harvin Student Center, Room 204 (361) 698-1277
A9.1.6 Filing a Complaint of Sexual Violence: The College will investigate complaints of sexual violence initiated by College employees and students pursuant to the following procedures:
Jerry Henry Director of Human Resources Heldenfels Administration Building (361) 698-1088 Del Mar College Campus Security (361) 698-1199
A9.1.6.1 Preliminary Considerations a) Informal Consultation and Counseling: The District Student Complaint Coordinator and the District Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Student Complaint Coordinator and the District Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as
Del Mar Counseling Center Harvin Center, Room233a Rita Hernandez, MA, LPC-S (361) 698- 1586 Christus Spohn Hospital (Memorial) 2606 Hospital Blvd. Corpus Christi, TX (361) 902-4000 26
possible and in a manner appropriate to the particular circumstances. An employee or student making an inquiry or seeking assistance need not have personally experienced the incident of sexual violence, witnesses or other parties who receive notice that an incident of sexual violence has occurred can also access assistance or make an inquiry or complaint through the District Student Complaint Coordinator and the District Complaint Coordinator.
complaint and appeal procedures delineated herein. Once an investigation is commenced, however, the information will be tightly controlled and only people with a need to know will be told, and information will be shared only as necessary with investigators, adjudicatory decision makers, witnesses and the accused individual (Respondent). In cases where a Complainant specifically requests that his or her name not be disclosed to the perpetrator, or that the College not investigate or seek action against the alleged perpetrator, the school will honor the request after discussion with the Complainant and a determination that a safe environment can still be provided for all students, including the Complainant. In these cases, the College will take steps such as increased monitoring and supervision, additional security at the locations or activities where the alleged sexual violence occurred; additional training and disbursement of educational materials to students and employees. Specific steps will be taken to protect the student or employee, including but not limited to, on campus escorts, revised work or classroom schedules, counseling services or referral to counseling services.
Students and employees are advised that the District Student Complaint Coordinator and, or the District Complaint Coordinator may determine that it is necessary to initiate an investigation and take action to address incidents of sexual violence based solely on information obtained through an inquiry or informal counseling, even in the absence of a formal complaint. b) Confidentiality: The College understands the confidential and private nature of reports of sexual violence. Upon receiving notice of an incident, or a complaint, the College will take all steps necessary to protect the privacy of the parties, but may, at some point, be required to disclose matters to certain College employees, outside parties or agencies. This section describes for students and employees, the extent to which confidentiality can be maintained.
2. Confidential Counseling and Medical Providers: Students and employees who wish to maintain incidents as confidential should speak with Counselors in the Del Mar College Counseling Center (students only), off-campus private mental health therapists and counselors, private attorneys, physicians, and members of the clergy. These individuals cannot be required or compelled to disclose confidential information to the College provided to them by students or employees who have been subjected to sexual violence. Furthermore, to the extent these counselors and providers might be required to report to law enforcement or State agencies, reporting requirements are limited to reports made by students or employees who are age 65 or over, or disabled and unable to care or provide for themselves.
1. Responsible College Employees: For the purposes of this policy, the College classifies the District Student Complaint Coordinator, the District Complaint Coordinator, faculty members, academic department Chairs, Deans, Vice Presidents, all Administrators with supervisory authority, and members of campus security and police as “responsible employees.� Any of these College employees who receive or become aware of an incident of sexual violence occurring to a College student or employee are considered to have received notice on behalf of the College and are required to report such information to either the District Student Complaint Coordinator or the District Complaint Coordinator. As such, the incidents will be investigated and properly resolved through
3. Service Providers: Students and employees who seek assistance through domestic 27
A9.1.6.2 Initiating a Formal Complaint of Sexual Violence: Student Complainants should contact the District Student Complaint Coordinator, and employee Complainants should contact the District Complaint Coordinator, as soon as possible following the alleged incident of sexual violence, or the date on which the Complainant first knew or reasonably should have known of such act.1 All such complaints may be submitted on the form provided by the College or in a personal memorandum or letter. However, the complaint need not be put in writing, it is enough for the Complainant to meet with the applicable Coordinator who can draft a complaint for the Complainant’s review and approval. Any written documentation describing the incident will be attached to the College’s Complaint of Sexual Violence form and will be used for the initiation of a complaint.
violence shelters, sexual assault crisis agencies and similar services, whose functions are to support and protect survivors and actively promote the creation of safe environments, can expect information to be kept confidential under most circumstances. Pursuant to federal and state law, information regarding incidents of sexual violence will be kept confidential except for use in a criminal investigation or proceeding in response to a lawfully issued subpoena. However, these service providers are especially adept and trained to protect survivors even in the event that certain information must be provided as part of a criminal investigation. 4. Federal Statistical Reporting Obligations: Federal law requires that certain campus officials report incidents of sexual assault, domestic violence, dating violence and stalking solely for federal statistical reporting purposes. However, all personally identifiable information is kept confidential, but statistical information must be forwarded to campus law enforcement regarding the type of incident and the general location where it occurred for publication in the Campus Security Report.
A9.1.6.3 Elements of a Complaint: The written complaint shall contain: a) The name, local and permanent address(es), and telephone number(s) of the Complainant. b) A statement of facts explaining what happened and what the Complainant believes constituted the act(s) sexual violence in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time and place where the alleged acts of unlawful sexual violence occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts.
5. Federal Timely Warning Reporting Obligations: Employees and students who have been subjected to acts of sexual violence should also be aware that federal law requires College administrators issue immediate timely warnings for incidents that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. Under these circumstances, the Complainant’s name and other identifying information is not disclosed, but the campus community will still be provided with enough information so that individuals can make safety decisions in light of the immediate danger posed.
c) The names of any potential witnesses should be provided. d) The name(s), and address(es) and telephone number(s) (if known) of the Respondent(s), i.e., the person(s) claimed to have committed the act(s) sexual violence. e) Identification of the title and/or status of the persons charged whether student, administration, faculty, or staff.
Complainants who may have been unconscious during an act of sexual violence may not learn about the incident until days, weeks or months after the incident occurred. Under these circumstances, Complainants should not hesitate to make a complaint upon learning of the incident. 1
28
A9.1.6.4 Procedures for Investigation of a Complaint of Sexual Violence
history with anyone except the Respondent will not be considered.
a) Upon receipt of a complaint, the District Student Complaint Coordinator, and/or the District Complaint Coordinator, will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. The complaint, together with a statement, shall be documented in a complaint file.
e) Del Mar College reserves the right to protect individual or community safety and to act as needed on an interim manner pending the resolution of a complaint. This may include but is not limited to the interim suspension of a Respondent, the alteration of a Respondent’s or Complainant’s course schedule or work schedule, the alteration of a Respondent’s or Complainant’s work assignment, on-campus escort services by Campus Security as deemed appropriate or the establishment of no contact/ stay away orders.
b) The District Student Complaint Coordinator (student complaint) or the District Complaint Coordinator (employee complaint), or their designees, shall begin a review and investigation of the complaint within three (3) working days from the filing of the complaint. Steps will be taken immediately to ensure the safety and wellbeing of a Complainant where necessary. In those cases where a student and an employee are both involved in a complaint as Complainant and Respondent, the District Student Complaint Coordinator and the District Complaint Coordinator will work together to investigate and resolve the matter.
f) No later than 30 working days, from the acceptance of a complaint, the District Student Complaint Coordinator and, or District Complaint Coordinator shall prepare a summary of findings and recommendation(s) for further action to be taken with regard to the Respondent. In assessing and resolving the complaint, the District Student Complaint Coordinator and, or District Complaint Coordinator shall utilize a preponderance of the evidence standard of review, i.e., it shall be determined whether it is more likely than not that sexual violence occurred.
c) Within three (3) working days after the date of filing of the complaint, the District Student Complaint Coordinator, and, or District Complaint Coordinator, will provide notice that a complaint has been filed, as well as an explanation of the nature of the complaint to the Respondent(s). Alternatively, such notice of the complaint may be given by email or personal delivery, provided such delivery is made by the District Student Complaint Coordinator, and, or District Complaint Coordinator, and that proper proof of such delivery, including the date, time and place where such delivery occurred is documented.
g) If the Respondent is an employee of the College, the Respondent’s supervisor shall be provided with the summary of findings and recommendations for further action to be taken by the supervisor(s) of the Respondent. If the Respondent is the President, the findings and recommendations of the District Student Complaint Coordinator and, or District Complaint Coordinator shall be submitted to the Board of Regents for review and action. Where findings are made against the Respondent, sanctions, up to and including termination, shall be assessed by the supervisor or Board of Regents at this stage no later than 10 working days of receipt of the summary of findings.
d) The District Student Complaint Coordinator, and, or District Complaint Coordinator, shall review all relevant information and interview pertinent witnesses. Both the Complainant and the Respondent(s) shall be entitled to submit oral, recorded and transcribed statements or other relevant and material evidence to the written record compiled by the District Student Complaint Coordinator and, or District Complaint Coordinator. Evidence, and, or testimony regarding the Complainant’s sexual
h) If the Respondent is a student of the College, the District Student Complaint Coordinator may take such disciplinary action, up to and including expulsion, against the student as deemed appropriate by the District Student Complaint Coordinator pursuant to B7.13.4. Any 29
determination as to the appropriate disciplinary action to be taken with regard to student Respondent shall be made within 10 working days of the District Student Complaint Coordinator’s completion of the summary of findings.
a) Within five (5) working days of receiving such notice of findings and, where applicable, disciplinary action, the Complainant or Respondent may appeal the supervisor’s and, or District Student Complaint Coordinator’s decision. The appeal shall be in writing and provided to the President of Del Mar College, notifying the President of the Complainant’s or Respondent’s request for a hearing. In those cases where the Respondent is the President, or an employee directly supervised by the President of the College, the Board of Regent’s decision as to the President, or the President’s decision and adoption of findings as to that employee Respondent, shall be appealed to the Board of Regents in writing, notifying the Board of Regents of the Complainant’s or Respondent’s request for a hearing. The request to the Board of Regents may be delivered to the District Complaint Coordinator for effectuation of service.
i) No later than five (5) working days following the determination of appropriate disciplinary action to be taken, a letter shall be issued by the District Student Complaint Coordinator and, or the District Complaint Coordinator to the Complainant and the Respondent(s) advising them of the findings of the investigation and the disciplinary action to be taken by the College, if necessary. The letters shall be personally delivered or mailed to the last known address of the Complainant and Respondent. For the purposes of establishing receipt by mail, receipt will be assumed to have occurred within three (3) working days of the date the letter was mailed. j) Recommended disciplinary actions shall be executed within one working day of a Respondent’s failure to file a timely notice of appeal as established by this policy.
b) The President will give prompt notice to the District Student Complaint Coordinator and, or the District Complaint Coordinator that the Complainant or Respondent has taken an appeal to the President. The District Student Complaint Coordinator and, or the District Complaint Coordinator shall promptly forward to the President the complete record of the matter, including the investigative file, findings and recommendations.
k) In the case of appealing student Respondents whose recommended sanction is expulsion, no final action of expulsion shall be executed until completion of the appeal process. Tenured faculty Respondents appealing an adverse finding, where dismissal is the recommended sanction, shall not be dismissed until after completion of the appeal process where the original recommendation is affirmed. Employee Respondents, whose contracts have not yet expired and are appealing an adverse finding, where dismissal is the recommended sanction, shall not be dismissed until after completion of the appeal process where the original recommendation is affirmed. In those cases, where employee Respondents are non-renewed and their employment contracts expire during the pendency of the appeal process, these employee Respondents will not be retained pending the outcome of the appeal.
c) Where the decision is appealed to the Board of Regents, the Board of Regents will give prompt notice to the District Student Complaint Coordinator and, or District Complaint Coordinator that the Complainant or Respondent has taken an appeal to the Board of Regents. The District Student Complaint Coordinator and, or the District Complaint Coordinator shall promptly forward to the Board of Regents the complete record of the matter, including the investigative file, findings, and recommendations.
A9.1.6.5 Appeals: The Complainant or Respondent may appeal the findings of a complaint of sexual violence, including, where applicable, the determined disciplinary action or sanction. 30
d) Within 10 working days of receipt of the appeal, the President or the Board of Regents shall appoint an independent arbitrator, licensed to practice law within the State of Texas, to review the case and conduct such hearing as specified herein. The investigative file, findings,
recommendations and notices of appeal shall be forwarded to the independent arbitrator.
representative, may cross-examine any witnesses presented by the appealing party.
e) The hearing shall be held within 15 working days after appointment of the independent arbitrator, unless the parties mutually agree to a delay. Notice of the appointment, and the date, time and location of the hearing, shall be provided to the Complainant and Respondent by the independent arbitrator.
3. Once the Complainant or Respondent who appealed the matter has presented his or her witnesses and documentary evidence, the non-appealing Complainant or Respondent may then rebut the appealing party’s arguments, documents and testimony through the presentation of witnesses and documentation of their own.
f) Documents and identity of witnesses to be relied upon by the Complainant and Respondent(s), during the hearing, shall be provided to the independent arbitrator no later than 10 working days prior to the hearing. The independent arbitrator will forward the documents and list of witnesses of each respective party to the other party on the same day of receipt.
4. Upon such offer of proof on rebuttal, the appealing Complainant or Respondent, or their representative, may cross-examine any witnesses presented by the non-appealing Complainant or Respondent. 5. In the case where either the Complainant or Respondent is providing testimony, only the independent arbitrator may crossexamine and ask additional questions. The representatives for the Complainant or Respondent may provide areas of knowledge or questions to the arbitrator they believe relevant to the disposition of the matter.
g) The Complainant and Respondent may each be represented by a person designated in writing to act for them. Notice, at least five (5) working days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative, to the independent arbitrator in writing.
6. At any time during the examination or crossexamination of any witness, the independent arbitrator may ask his or her own questions in order to obtain additional information he or she is relevant to disposition of the case.
h) The hearing shall be conducted privately. Only the independent arbitrator, Complainant, Respondent, their representatives and a testifying witness may be present. Witnesses shall be excluded from the hearing until it is their turn to present evidence. In the event witnesses, the Complainant, and, or the Respondent feel uncomfortable being physically present in the room, accommodation shall be provided by allowing the party or witness to participate by video conferencing.
7. In those cases where the parties have failed to identify the District Complaint Coordinator and, or the District Student Complaint Coordinator, as witnesses, the independent arbitrator may ask that they provide testimony regarding their investigation and findings. 8. Questioning or evidence about the Complainant’s sexual history with anyone except the Respondent shall not be permitted.
i) The independent arbitrator shall control the conduct of the hearing, the general order of which shall be as follows:
9. Closing arguments may be made by each party or their representatives.
1. The Complainant or Respondent appealing the matter shall present such proof by documents and witness testimony that the appealing Complainant or Respondent desires to offer to challenge the findings and, or disciplinary action determined by the College through the investigatory process.
j) A transcription of the hearing shall be made. k) The independent arbitrator shall render a decision within ten (10) calendar days after completion of the hearing and deliver a copy to the Complainant, Respondent and either the President or Board of Regents who appointed him or her as independent arbitrator. In
2. Upon such offer of proof, the non-appealing Complainant or Respondent, or their 31
A9.1.6.7 Extension of Time Limits: During the pendency of the investigation and appeal process, any party may request an extension of time limits stated herein to deal with emergent exigencies. A request for an extension of time limits shall be submitted to and approved by the College President during the investigation stage, or the independent arbitrator during the appeal stage. If the President is the Respondent, any such request must be made to the Board of Regents. All parties must be advised of any approved request by the party granting the request.
rendering his or her decision, the independent arbitrator shall utilize a preponderance of the evidence standard of review, i.e., it shall be determined whether it is more likely than not that sexual violence occurred. The independent arbitrator shall deliver the decision by U.S. mail and receipt will be assumed to have occurred three (3) working days after the date the decision was mailed. l) Within three (3) working days of receipt of the independent arbitrator’s decision, the Complainant or Respondent may appeal the matter to the Board of Regents who will schedule the matter for presentation at the next scheduled Board of Regents meeting. The Board of Regents shall be provided the record on appeal by the independent arbitrator. The presentations shall be heard in closed session and only the Board of Regents, their attorney, and the Complainant and the Respondent, as well as their attorneys shall be present.
A9.1.6.8 Filing Externally: The Complainant is free to access assistance through appropriate state or federal agencies at any point during a complaint, investigation or appeal process. The District Student Complaint Coordinator, and, or the District Complaint Coordinator will provide general information on state and federal guidelines and laws, as well as names and addresses of such agencies who can assist with such matters as filing criminal charges and obtaining protective orders.
m) The Board of Regents shall issue its decision no later than five (5) working days after presentation of the appeal. The Board’s decision shall be final. A9.1.6.5.1 Timely Notice of Appeal: If at any time during the appeal process the Complainant or Respondent fails to provide timely notice of appeal; the decision of the supervisor, the District Student Complaint Coordinator, or the Board of Regents shall be final.
A9.1.7 Freedom from Reprisal or Retaliation: Complaints involve sensitive student and personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s) and any witnesses or parties engaged in the complaint process. There will be no retaliation, interference, or harassment toward any party to a complaint. Should a Complainant, Respondent or witness experience any reprisal or retaliation during the pendency of a complaint pursuant to this section, the party should immediately report the retaliatory action to the District Student Complaint Coordinator, and, or the District Complaint Coordinator.
A9.1.6.6 Other Policies Not Applicable: Unless expressly referenced in this policy, the requirements of any other policy or provision relating to rights or procedures for filing and hearing of a grievance or an appeal, or specifying a time within which a grievance or appeal must be filed or heard, are overruled as inapplicable to sexual violence complaints.
The complaint will be investigated and action will be taken pursuant to the complaint, investigation and appeal procedures in the Del Mar College Policy Prohibiting Sexual Violence. 32
A9.1.8 Del Mar College Educational Programs and Resources: In addition to assisting students and employees with complaints, the College continues to take steps aimed at reducing or eliminating sexual violence by offering or making available the following resources and educational program to students and employees:
Students and employees may also obtain written information on the topics listed above, as well as published crime statistics. Students have the opportunity for on-campus confidential counseling and referral for treatment to offcampus, community-based counseling services.
a) Sexual Violence Awareness Prevention Workshops/Trainings (including rape, acquaintance rape, or other sex offenses, forcible or non-forcible) b) Bystander Training c) Alcohol and Other Drug Abuse Prevention Workshop/Trainings d) Title IX Workshops/Trainings
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Discrimination/Harassment B7.19 Discrimination and Harassment Complaint Policy for Students: Del Mar College, in its continuing effort to seek equity in education and act in compliance with federal and state law, provides a complaint procedure for the prompt and equitable investigation and resolution of complaints of unlawful retaliation, or discrimination and/or harassment of students based on their race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status.
A7.19.2 Exclusion: Student grievances and general complaints that do not contain allegations of retaliation, discrimination, or harassment based on the student’s race, color, sex (including pregnancy, gender identity/ transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status are excluded from this process. Such complaints will be addressed under B7.12 for student issues that do not contain complaints of retaliation, discrimination or sexual harassment. Complaints of sexual violence will be addressed under the District’s Policy Prohibiting Sexual Violence (B9.1).
This complaint procedure and the District’s Policy Prohibiting Sexual Violence constitute the grievance procedures for complaints alleging unlawful sex discrimination required under Title IX of the Education Amendments of 1972. As used herein, “complaint” is synonymous with “grievance.” This procedure may be used by any student of the College.
A7.19.3 District Student Complaint Coordinator: The District Student Complaint Coordinator, who is the Dean of Student Engagement and Retention, shall receive any complaint of alleged retaliation, discrimination or harassment as identified herein, assist the Complainant in the use of the complaint form and provide the Complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies. The District Student Complaint Coordinator may identify a designee to receive, and, or assist with the investigation of complaints. If any Del Mar College employee receives a complaint of retaliation, discrimination or harassment from a student, he or she will immediately notify the District Student Complaint Coordinator of the complaint.
Students who wish to submit complaints of discrimination or harassment should contact the Dean of Student Engagement and Retention at (361) 698-1277, or in the Harvin Student Center, Room 204.
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A7.19.4 Complainant’s Rights: The Complainant is always free to file a complaint with any appropriate state or federal agency at any point during the complaint process.
A7.21 Definitions: A7.21.1 Discrimination on the Basis of Protected Characteristic(s): Discrimination occurs where action adversely affecting the student’s education is taken against a student by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third parties participating in activities, work or programs of Del Mar College based on the student’s race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status.
A7.20 Confidentiality and Freedom from Reprisal or Retaliation: Complaints involve sensitive student matters and potential personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s) and any witnesses or parties engaged in the complaint process. Del Mar College will endeavor to maintain confidentiality to the extent permitted by law. There will be no retaliation, interference, or harassment toward any party to a complaint. Should a Complainant or witness experience any reprisal or retaliation as a result of filing a complaint pursuant to this section, the Complainant should immediately report the retaliatory action to the District Student Complaint Coordinator for intake, investigation and resolution as provided herein.
A7.21.2 Harassment on the Basis of Protected Characteristic(s): Harassment is conduct of an oral, written, graphic or physical nature directed towards a student by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third parties participating in activities, work or programs of Del Mar College based on the student’s race, color, sex (including pregnancy, gender identity/ transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the student’s education such that an intimidating, hostile, or offensive environment is created. A7.21.3 Sexual Harassment: Sexual harassment is, generally, unwelcome conduct of a sexual nature by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third parties participating in activities, work or programs of Del Mar College. Sexual harassment can include unwelcome sexual advances, requests for sexual favors in exchange for educational benefits or as a condition of receipt of educational benefits, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the student’s work performance or create an intimidating, hostile, or offensive environment. Sexual violence, a form of sexual harassment, is addressed in the District’s Policy Prohibiting Sexual Violence (B9.1).
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A7.23 Reporting a Student Formal Complaint: Students should meet with and file a written complaint with the District Student Complaint Coordinator as soon as possible following the alleged retaliatory, discriminatory or harassing act or the date on which the Complainant first knew or reasonably should have known of such act. All such complaints should be submitted on the form provided by the College in order to insure the prompt processing and investigation of complaints. However, students may also utilize personal memorandums or letters to describe their complaints. Any such memorandums or letters will be attached to the College’s Student Complaint of Discrimination/Harassment form and will be used for the initiation of a complaint.
Sex Discrimination: Sex discrimination includes sexual harassment and discrimination based on the individual’s sex, pregnancy, gender identity or transgender status, or sexual orientation. Retaliation: Retaliation occurs when action is taken against a student because the student filed a complaint of discrimination or harassment as provided by this policy, filed an OCR charge of discrimination or harassment, participated as a witness in an investigation pursuant to this policy, or brought/participated in a lawsuit of discrimination or harassment. A7.21.4 Complainant: The Complainant is the student who initiates a complaint of retaliation, discrimination or harassment pursuant to A7.23. A7.21.5 Respondent: The Respondent is the student or employee named in a complaint of retaliation, discrimination or harassment, initiated pursuant to A7.23, as having engaged in retaliation, discrimination or harassment against the Complainant.
A7.23.1 The written complaint shall contain: A7.23.1.1 The name, local and permanent address(es), and telephone number(s) of the Complainant. A7.23.1.2 A statement of facts explaining what happened and what the Complainant believes constituted the unlawful retaliatory, discriminatory or harassing acts in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
A7.22 Informal Consultation and Counseling: The District Student Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Student Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. Although in certain instances verbal complaints may be acted upon, the procedures herein rest upon the submission of a written formal complaint that will enable a full and fair investigation of the facts. If a student is unable to draft a written complaint, the District Student Complaint Coordinator shall meet with the student and complete the form and intake information, which shall be reviewed and approved by the student. It is the Complainant’s responsibility to be certain that any complaint alleging retaliation, discrimination, and, or harassment is filed.
A7.23.1.3 The name(s), and address(es) and telephone number(s) (if known) of the Respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination, harassment or retaliation. A7.23.1.4 Identification of the title and/or status of the persons charged whether student, administration, faculty, or staff.
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A7.24 Complaint Review Procedure:
A7.24.6 The District Student Complaint Coordinator, or designee, shall review all relevant information and interview pertinent witnesses. Both the Complainant and the Respondent(s) shall be entitled to submit oral, recorded, and transcribed statements or other relevant and material evidence to the written record compiled by the District Student Complaint Coordinator or designee.
A7.24.1 Complaint proceeding is commenced by the filing of a complaint as detailed in A7.23. A7.24.2 The complaint, together with a statement, shall be documented in a complaint file. A7.24.3 The District Student Complaint Coordinator, or designee, shall begin a review and investigation of the complaint within three (3) working days from the filing of the complaint. Steps will be taken immediately to ensure the safety and well being of a Complainant student where necessary.
The District Student Complaint Coordinator shall apply a “preponderance of the evidence” standard in determining whether the Complainant’s allegations can be substantiated. A7.24.7 No later than 20 working days, from the acceptance of a complaint, the District Student Complaint Coordinator, or designee, shall prepare a summary of findings and recommendation(s) for further action to be taken with regard to the Respondent. If the Respondent is an employee of Del Mar College, the Respondent’s supervisor and the Director of Human Resources shall be provided with the summary of findings and recommendations for further action to be taken by the supervisor(s) of the Respondent. If the Respondent is the President, the findings and recommendations of the District Student Complaint Coordinator shall be submitted to the Board of Regents for review and action.
A7.24.4 Upon receipt of a complaint, the District Student Complaint Coordinator, or designee, will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. Within three (3) working days after the date of filing of the complaint, the District Student Complaint Coordinator, or designee, will provide notice of the complaint and a detailed explanation of the nature of the complaint to the Respondent(s). Alternatively, such notice of the complaint may be given by email or personal delivery, provided such delivery is made by the District Student Complaint Coordinator, or designee, and that proper proof of such delivery, including the date, time and place where such delivery occurred is documented. A7.24.5 Confidentiality of the identity of the Complainant shall be maintained, but not guaranteed, except to the degree or point where the review of the complaint cannot be continued without identification of the Complainant. Any dissemination of information regarding the student(s) (Complainant or Respondent) and the student’s complaint will be subject to the Family Educational Rights and Privacy Act.
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A7.24.8 If the District Student Complaint Coordinator determines that the complaint was substantiated against a Del Mar College employee, the Respondent’s supervisor(s) may take such disciplinary action as he/she deems appropriate in consultation with the Executive Director of Human Resources and Administration. Disciplinary action will be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and correct the effects of such acts on the Complainant and others by taking remedial and corrective steps, including but not limited to termination, demotion, reassignment, suspension, reprimand, or training. If the District Student Complaint Coordinator determines that the complaint was substantiated against another student, the District Student Complaint Coordinator shall recommend to the Assistant Dean of Student Engagement and Retention that disciplinary action be taken to prevent recurrence of any retaliatory, discriminatory or harassing acts and correct the effects of such acts on the Complainant and others by taking remedial and corrective steps against the student as deemed appropriate by the Assistant Dean of Student Engagement and Retention pursuant to B7.13.4.
In the case of a student Respondent, any determination as to the appropriate disciplinary action to be taken with regard to a Respondent shall be made within five (5) working days of the receipt of the summary findings by the Assistant Dean of Student Engagement and Retention. In the case where the Respondent is a Del Mar College employee, any determination as to the appropriate disciplinary action to be taken with regard to a Respondent shall be made within five (5) working days of the receipt of the summary of findings by the Respondent’s supervisor. If the Respondent is the President, the Board of Regents shall notify the District Student Complaint Coordinator of the action to be taken against the President, as soon as practicable, as permitted by the Texas Open Meetings Act. A7.24.9 No later than three (3) working days following the determination of appropriate disciplinary action to be taken, a letter shall be issued to the Complainant and to the Respondent(s), subject to the Family Educational Rights and Privacy Act, advising them of the findings of the investigation and the action to be taken by the College, if necessary. If the Respondent is a Del Mar College employee, the Respondent’s supervisor shall issue the letter to the Respondent, subject to the Family Educational Rights and Privacy Act, advising the employee of the findings of the investigation and action to be taken by the College, if necessary.
If the President is the Respondent, the Board of Regents shall advise the District Complaint Coordinator of any action to be taken by the College to prevent recurrence of any retaliatory, discriminatory or harassing acts and correct the effects of such acts on the Complainant and others by taking remedial and corrective steps.
If the Respondent is a student, the District Student Complaint Coordinator shall issue the letter to the student, subject to the Family Educational Rights and Privacy Act, advising the student of the findings of the investigation and action to be taken by the College, if necessary.
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A7.27 Appeals: Investigation findings and recommended disciplinary actions shall be appealed/grieved as provided herein. Determinations by hearing officers or panels, in any applicable policy, shall utilize a preponderance of the evidence standard.
If the Respondent is the President, the Board of Regents shall receive the determination and findings of the District Student Complaint Coordinator and issue the letter to the President, subject to the Family Educational Rights and Privacy Act, advising the President of the findings of the investigation and action to be taken by the College, if necessary.
a) Student Complaints Against Employee Respondents: Employee Respondents may appeal/grieve findings, and, or disciplinary actions as provided by A5.50.8(b). Student Complainants may also appeal findings and proposed disciplinary actions as provided by A5.50.8(a).
In all cases, the Complainant will be issued a letter by the District Student Complaint Coordinator, subject to the Family Educational Rights and Privacy Act, notifying him or her of the determination and findings of the District Student Complaint Coordinator, and the action to be taken with regard to the Respondent if necessary.
b) Student Complaints Against Student Respondents: Student Respondents may appeal findings and proposed disciplinary actions as provided by B7.13.6. Open hearings will not be permitted under B7.13.6, except upon agreement by the Complainant and the Respondent. Complainants shall be given an equal opportunity to present witnesses, evidence and their side of the story during the B7.13.16 process utilized by the Respondent.
A7.24.10 The Complainant and the Respondent may appeal findings and recommended disciplinary actions as provided by A7.27. A7.25 Extension of Time Limits: During the pendency of the complaint review process, any party may request an extension of time limits stated herein to deal with emergent exigencies. Such request must be approved by the College President, and all parties must be advised of any approved request.
Student Complainants may also appeal findings and proposed disciplinary actions as provided by A5.50.8(a). A7.28 Academic Freedom/Free Speech: Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe unlawfully upon the academic freedom of any student or employee of Del Mar College.
A7.26 Filing Externally: If the Complainant is dissatisfied with the findings and determination and, or remedial action taken, the Complainant may elect to file a complaint with an appropriate state or federal agency. The District Student Complaint Coordinator will provide general information on state and federal guidelines and laws, as well as names and addresses of such agencies.
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DISCLAIMER The provisions and information set forth in this publication are intended to be informational and not contractual in nature. Thus, this publication is not intended, and shall not be construed, to constitute a contract between the Del Mar College District and any student, prospective student, agency of the local, state, or federal government, or any other person or legal entity of any and every nature whatsoever. Del Mar College hereby reserves and retains the right to amend, alter, change, delete, or modify any of the provisions of this publication at any time, and from time to time, without notice, in any manner that the Administration or the Board of Regents of Del Mar College deems to be in the best interest of Del Mar College. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION Del Mar College is an Equal Opportunity/Affirmative Action Employer and Educational Institution. The College takes affirmative action to endeavor that no person shall be denied the benefits of equal employment or be subjected to discrimination in employment or educational programs and activities of Del Mar College on the basis of race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, or any other constitutionally or statutorily impermissible reason. Š Copyright 2016 Del Mar College. All rights reserved.
CRO MC 9/26/16
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