Collegewide Policies

Statement Of Nondiscrimination Policy

It is the policy of the College that no person shall, on the basis of race, color, creed, religion, sex, family or marital status, pregnancy, national origin, age, disability, sexual orientation or genetic information be subjected to any discrimination prohibited by the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended; Americans with Disabilities Act, as amended; Section 504 of the Rehabilitation Act of 1973; Title IX of the Educational Amendments of 1972; the Genetic Information Nondiscrimination Act of 2008; Delaware's anti-discrimination law and other applicable laws, regulations and Executive Orders.

All persons associated with the college are subject to this policy while on property owned or controlled by the college or while acting in an official capacity, including faculty, staff, officers, trustees, volunteers, contractors and vendors. In addition, this policy applies to conduct that occurs off college property or is otherwise unrelated to the person's association with the college if:

The conduct was in connection with a college or college-recognized program, activity or event;
The conduct is alleged to have created a hostile environment for a member of the college community;
The conduct disrupts the normal operations and processes of the college and is offensive to the college's mission;
The continued presence of the individual accused of violating this policy poses a moderate or higher threat to any member of the college community; or
The nature of the alleged conduct adversely affects the reputation, mission, image or public perception of the college.

This policy applies to recruitment, employment and subsequent placement, training, promotion, compensation, continuation, probation, discharge and other terms and conditions of employment over which the College has jurisdiction as well as to all educational programs and activities. The College has designated a Civil Rights Coordinator, who serves as the College’s Title IX Coordinator and the College’s ADA/Section 504 Coordinator, to carry out its commitment to equal opportunity and nondiscrimination. Inquiries or complaints by students or employees regarding the College’s nondiscrimination policies may be addressed to: Elizabeth Groller, Esq., Civil Rights & Title IX Coordinator, Office of the President, 100 Campus Drive, Dover, DE 19904, (302) 857-1903, civilrights@3588612.com

(Revised Board of Trustees 6/18/2018)

Procedure For The Resolution Of Discrimination And Sexual Misconduct Complaints

Oversight. The Title IX/Civil Rights Coordinator (“Coordinator”) will be responsible for overseeing the prompt, fair and impartial investigation and resolution of reports of discrimination and sexual harassment to the College.

Definitions:

“Complainant” is an individual who is alleged to be the victim of conduct that could constitute sexual harassment or discrimination.
“Formal Complaint” is a document filed by a Complainant or signed by the Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation.
“Mediation” is defined as an informal and confidential way for parties of a formal complaint of sexual harassment, a discrimination complaint, or any other complaint in which the Coordinator elects to initiate an investigation, to resolve the complaint prior to an investigation. It is only available as an alternative means of resolving a complaint if the alleged discrimination or sexual harassment does not involve violence or abuse.
“Notice of a Complaint” means actual knowledge of a complaint, which requires the College to respond, when such notice is given by the Complainant, or a third party on behalf of the Complainant, verbally or in writing, to the Coordinator or to an official with authority to institute corrective measures on the College’s behalf.
“Respondent” is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or discrimination.
“Sexual Harassment” shall mean any conduct on the basis of sex that satisfies one or more of the following:
1. “Quid Pro Quo” - A College employee conditioning education or employee benefits on their participation or non-participation in unwelcome sexual conduct;
2. “Hostile Environment” – Unwelcome conduct that a reasonable person would determine to be so severe, pervasive and objectively offensive that if effectively denies a person equal access to the College’s education program or activity, or to the work place;
3. “Sexual Assault” Sexual Assault shall mean any sexual act or acts committed on a person who has not consented to such act or acts or for which a person is incapable of consenting due to age, intoxication or other reasons. Sexual assault includes, but is not limited to
  1. Rape, or attempted rape;
  2. Intentional and unwelcome sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a person upon another person without consent, of the person’s breasts, buttocks, groin, or genitals (or clothing covering such areas), or coercing, forcing, or attempting to coerce or force another to touch you, themselves, or a third party with any of the body parts or areas when such touching would be reasonably and objectively offensive;
  3. Any sexual act in which there is force, violence, or use of duress or deception upon the victim;
  4. Any sexual act perpetrated when the victim is unable to give consent; and,
  5. Sexual intimidation, which includes, but is not limited to:
    1. Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her consent;
    2. Stalking or cyber-stalking; and,
    3. Engaging in indecent exposure.
4. “Dating Violence” means violence committed by a person:
  1. Who is, or has been, in a relationship of a romantic or intimate nature with the victim;
  2. Where there is, or has been, abuse, as defined in this policy, or a pattern of behavior in the relationship which is used to establish power and control over the victim through fear and intimidation.
    1. “Pattern of Behavior” means behavior by one party in an intimate relationship that is used to establish power and control over the other person in the relationship through fear and intimidation.
    2. A pattern of behavior is determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be verbal, emotional and/or physical.
    3. Examples of abuse, which can occur singly or as a pattern of behavior, include but are not limited to, slapping, pulling hair, punching, damaging property, driving recklessly to scare someone, name calling, humiliating one in public, harassment directed toward a current or former partner or spouse, threats of abuse, such as threatening to hit, harm or use a weapon on another, or other forms of threat.
  3. Whether dating violence has occurred shall be based on the existence of an amorous relationship which shall take into consideration the following factors:
    1. The length of the relationship;
    2. The type of relationship; and,
    3. The frequency of interaction between the persons involved in the relationship.
5. “Domestic Violence” means abuse committed by a current or former spouse of the victim; by a person who is cohabiting with the victim where they hold themselves out as a couple, with or without a child in common; by a person living separate and apart from the victim with a child in common; or by a person in a current or former substantive dating relationship with the victim, or by any person similarly situated to a spouse or intimate partner of the victim under the domestic violence laws of the State of Delaware; or by a person against a family member as that term is defined in §901(12) , Title 10 of the Delaware Code; or by any person against an adult or youth victim who is protected from that person’s acts under the domestic violence laws of the State of Delaware.
6. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for his or her safety or the safety of others; or (ii) suffer substantial emotional distress.
  1. “Course of conduct” means two or more acts, including but not limited, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follow, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. It can include, but is not limited to:
    1. Non-consensual communication (face-to-face, telephone, email)
    2. Threatening or obscene gestures;
    3. Surveillance/following/pursuit;
    4. Showing up outside the targeted individual’s classroom or workplace;
    5. Sending gifts (romantic, bizarre, sinister, or perverted)
    6. Making threats
  2. “Emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
  3. “Reasonable person” means a reasonable person under the circumstances and with similar identities to the victim.
“Supportive Measures” are non-disciplinary, non-punitive individualized services designed to preserve the Complainant’s access to educational programs or activities without unreasonably burdening the Respondent.

Receipt of a Complaint. Upon receipt of a complaint, the Coordinator shall initially determine whether the complaint states a claim of discrimination or sexual harassment, or other form of sexual misconduct; provided, however, that no determination that a complaint fails to state a claim for discrimination or sexual misconduct shall be made without first speaking with the Complainant.

Dismissal of Complaint.

The Coordinator shall dismiss allegations of misconduct that:
1. In a complaint alleging sexual harassment:
  1. The Coordinator determines the alleged conduct does not meet the definition of “sexual harassment” as set forth herein even if proved;
  2. The alleged conduct did not occur in the College’s education program or activity;
  3. The alleged victim was not participating in, or attempting to participate in, a College education program or activity at the time the misconduct was reported; or
  4. The alleged conduct did not occur against a person in the United States.
2. In a complaint of discrimination not alleging sexual harassment:
  1. The Coordinator determines the alleged conduct does not state a claim for unlawful discrimination even if proved; or
  2. The Coordinator determines that the person against whom the alleged conduct is directed is not a member of a protected class
3. In a complaint of retaliation where the facts do not include allegations of sexual harassment as defined herein:
  1. The Coordinator determines that the Complainant was, or is, not engaged in protected activity prior to, or during, the time that the alleged conduct occurred.
The Coordinator may, at his or her discretion, dismiss a formal complaint or allegations within a formal complaint if:
1. The complainant informs the Coordinator in writing that he or she wishes to withdraw the formal complaint or specific allegations contained therein;
2. The respondent is no longer enrolled or employed at the College;
3. Specific circumstances prevent the College from gathering sufficient evidence to reach a determination as to the formal complaint or allegations therein; or,
4. There is no genuine issue of material fact to support the allegations after investigation when the evidence is viewed in the light most favorable to the Complainant.
If the Coordinator dismisses the complaint or allegations of conduct contained therein, he or she shall provide the parties with a written notice of a dismissal, whether the dismissal is mandatory or discretionary, and the reasons for the dismissal.
The Coordinator shall provide the parties written notice of his or her decision to dismiss the complaint within 10 days after the parties’ responses to the investigative report are due.

Claims of Discrimination not Involving Sexual Harassment. Where a claim of discrimination has been stated that does not include a claim of sexual harassment, the Coordinator shall immediately communicate, or attempt to communicate, with the alleged victim of discrimination to determine whether he or she would like to move forward with his or her complaint. If the Complainant wishes to do so, the complaint shall be assigned to an Investigator for investigation, unless the parties agree to mediate in a case where mediation is appropriate.

Claims of Sexual Harassment; Formal Complaint. Where a claim of sexual harassment has been stated, the Coordinator shall immediately communicate, or attempt to communicate with the alleged victim to determine whether he or she would like to file a formal complaint. If a formal complaint filed, the complaint shall be assigned to an Investigator for investigation, unless the parties agree to mediate in a case where mediation is appropriate.

A Complainant must be participating in or attempting to participate in an educational program or activity of the College within the United States at the time a formal complaint is filed.
A formal complaint may be filed with the Coordinator in person, by mail, or by electronic mail, by using the Coordinator’s contact information.
The Coordinator may also sign a formal complaint on behalf of the Complainant if the Coordinator is free from conflict or bias and is or was not a Complainant or a party during a grievance process involving the alleged victim or Respondent.
The Coordinator may, at his or her discretion, investigate an allegation of sexual harassment when the Complainant elects not to file a formal complaint.
The Coordinator may, at his or her discretion, consolidate formal complaints where the allegations arise out of the same facts and/or occurrences.

Notification to the Respondent. A Respondent named in a formal complaint of sexual harassment, a discrimination complaint, or any other complaint in which the Coordinator elects to initiate an investigation, must receive notification of the complaint as soon as reasonably practical after the Coordinator determines that an investigation into the allegations of the complaint are warranted.

Supportive Measures. Upon receipt of a complaint, the Coordinator shall promptly contact the Complainant and Respondent to request if either party is in need of supportive measures. Such measures may include, but are not limited to, referrals for counseling, course-related adjustments, modifications of work or class schedules, campus escort services, increased security and monitoring of certain areas of campus and mutual restrictions of contact between the parties. If, at any point during the complaint, investigative, or disciplinary process, the Coordinator deems it necessary for the protection of any member of the College community, the Coordinator may institute such measures on behalf of the Complainant, the Respondent, or any witness involved in the complaint.

Right to an Advisor. The Complainant and the Respondent shall have the right to be accompanied by an advisor, including an attorney of his or her own choosing, for purposes of conducting direct and cross examination of the parties and their witnesses, and otherwise acting on behalf of the party throughout the hearing or any informal resolution process.

An advisor may be removed from any proceeding if he or she refuses to abide by the instructions of the Hearing Officer; is disruptive to the proceeding; or is disrespectful to any participant in a hearing.
The advisor may not attend a proceeding without his or her advisee present.
If a party does not have an advisor to assist him or her at the hearing or in connection with a mediation, the College will provide an advisor to the party free of charge for purposes of conducting direct and cross examination of the parties and their witnesses, and otherwise acting on behalf of the party throughout the hearing or mediation.
Notwithstanding the foregoing, neither party may use an advisor for the purposes of obstructing or delaying the investigation or hearing, intimidating a party or witness, or creating a legitimate fear of retaliation in the other party.

Mediation. When mediation is appropriate, the Coordinator shall notify the parties of the option to resolve the complaint through mediation. Mediation shall not occur unless the Coordinator receives consent of all parties to the complaint, which shall be documented by an agreement to mediate. The parties shall have 5 days from notification of the option to mediate to advise the Coordinator of their agreement to mediate. If either party fails to timely notify the Coordinator, the Coordinator shall immediately initiate an investigation of the complaint.

Mediation may be discontinued at any time: (1) by either party; (2) by the mediator when he or she feels that further efforts to mediate would be non-productive; or (3) when a voluntary agreement has been reached.
The mediator shall notify the Coordinator of the success or failure of the mediation. If the mediation results in a voluntary settlement, a copy of the signed agreement shall also be provided to the Coordinator.
If the parties are unable to resolve the complaint through mediation, the Investigator shall immediately begin or resume his or her investigation.

Investigation of a Complaint. The Coordinator shall promptly assign a formal complaint of sexual harassment, a discrimination complaint, or any other complaint in which the Coordinator has cause to initiate an investigation, to a Title IX/Civil Rights investigator (“Investigator”).

The Investigator shall contact the Complainant and the Respondent to schedule separate initial meetings as soon as practicable after his or her appointment or, if mediation was offered, after it was declined or determined unsuccessful. For good cause shown, and upon approval from the Coordinator, the Investigator may obtain additional time to conduct the initial meetings.
The Investigator:
1. Shall have access to such documents or video in the possession of the College, including student records, public safety records or personnel files, that he or she believes may contain relevant information or which may lead to the discovery of relevant information;
2. Shall interview both parties involved in the complaint, whenever possible, and/or may interview individuals who may have observed the alleged misconduct or have relevant knowledge of the incident. The investigation may also include interviews with experts, where applicable.
3. May inspect and photograph sites relevant to the alleged incident(s) and collect and preserve relevant evidence (which shall be coordinated with the law enforcement agency having jurisdiction over the alleged incident when a corresponding criminal complaint has been filed).
4. In a sexual harassment complaint, shall not access, consider, disclose, or otherwise use a party’s records that are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the Investigator obtains that party’s voluntary, written consent.
The Investigator shall submit to the Coordinator a written investigative report specifically describing his or her investigation of the complaint, including:
1. All documents, videos, records, including student, public safety, personnel records relevant to the investigation;
2. Details of interviews conducted of the parties and any witnesses;
3. Inspections of sites, photographs, or collection of other evidence relevant to the allegations stated in the complaint;
4. And any other evidence the Investigator deemed relevant to his or her investigation.
A request for extension of time submitted in writing to the Coordinator at least one day before the Investigative Report is required to be submitted may be granted if good cause is shown.
The Investigator shall submit the Investigative Report to the Coordinator on or before the date of submission, unless an extension of time to complete the report has been granted.

Dissemination of the Investigative Report.

Upon receipt of the Investigative Report, the Coordinator shall simultaneously send a copy of the report and any evidence used by the Investigator to complete his or her report to each party and their respective advisors. The names and contact information for all witnesses other than the Complainant and Respondent shall be redacted.
The parties shall have 10 days to inspect, review and respond to the report.
The parties or their advisors shall submit their responses to the Investigative Report, if any, to the Coordinator within ten (10) days after the report was sent to them.

Scheduling the Hearing. Appointment of Advisors.

If the complaint is not dismissed, the Coordinator shall promptly advise the parties and advisors of the date and time of the hearing, but in any event such notice of a hearing date and time shall be given no later than forty (40) days after the investigative report was sent to the parties and their advisors, unless good cause is shown.
1. Each party shall notify the Coordinator of the name and contact information of their respective advisor who will be attending the hearing, no less than seven (7) days from the scheduled date of the hearing.
2. If a party does not have an advisor, or if a party fails to provide the Coordinator with the name and contact of their advisor, the Coordinator will assign an advisor of the party’s choosing from a list of trained individuals to assist the party at the hearing.
3. If a party refuses to have an advisor for the hearing, the party shall advise the Coordinator in writing of his or her intention no less than seven (7) days from the scheduled date of the hearing. Regardless, the Coordinator shall assign an advisor to assist the party at the hearing. The advisor shall assist the party throughout the hearing, unless the party clearly states to the Hearing Officer, on the record, that he or she does not need or want the assistance of an advisor.
A continuance of the Hearing may be granted upon request by either party, or sua sponte by the Hearing Officer, for good cause shown.

Hearing Process.

A Hearing Officer shall preside over the hearing, which shall be conducted “live”.
1. A “live” hearing is a hearing conducted with all parties physically present in the same geographic location; or, at the Hearing Officer’s discretion, virtually for any or all parties, witnesses and other participants. If a hearing is held virtually, technology must be made available to enable participants to simultaneously, and in real time, see and hear each other.
2. At the request of either party, the Coordinator must provide for the entire live hearing (including direct and cross-examination) to occur with the parties located in separate rooms and with technology to enable the parties to see and hear each other simultaneously and in real-time.
Each party shall provide a list of all witnesses he or she expects to present at the hearing and a brief summary of the facts to which they are expected to testify within 7 calendar days prior to the date of the hearing.
Direct and cross examination of the parties and witnesses shall be conducted by each party’s advisor and never by the party personally.
Only relevant direct and cross examination questions, including those questions challenging credibility, shall be permitted. The Hearing Officer shall first determine the relevancy of the question before an answer is provided.Where there is a decision to exclude a question, the Hearing Officer shall explain on the record his or her decision to exclude the question as not relevant.
All hearings shall be recorded by audio or audiovisual recording, or by transcript, which shall be retained by the College for a period of seven (7) years from the date it was created.

Decision of the Hearing Officer. Burden of Proof.

Allegations of sexual harassment or discrimination shall be substantiated if there is sufficient evidence to prove, by a preponderance of the evidence, that a respondent is responsible for committing such acts of sexual harassment or discrimination against the complainant. Hearsay is admissible to prove responsibility for misconduct, but may not be the sole basis for a decision.
The Hearing Officer shall have ten (10) days to issue a written decision regarding responsibility. The written decision shall include, with specificity, findings of fact, conclusions regarding whether the alleged conduct occurred, the rationale for the result as to each allegation, disciplinary sanctions imposed on the Respondent, if any, and what remedies will be provided to the Complainant, if any.
The written decision shall be sent simultaneously to the parties with notice of their right to appeal the decision electronically or through first class mail to their last known email or physical address.

Appeals.

A dismissal of a complaint or any allegations contained therein, or a written decision of a Hearing Officer, may be appealed by either the Complainant or Respondent based on the following:
1. A procedural irregularity that affected the outcome of the matter;
2. Newly discovered evidence that could affect the outcome of the matter; or,
3. The Coordinator or Hearing Officer had a conflict of interest or bias that affected the outcome of the matter.
Both parties shall have a right to appeal the decision of the Hearing Officer, or a dismissal of a complaint or any allegations contained therein, by providing notice of their request for an appeal to the Coordinator within ten (10) calendar days from the date of the written decision. The appealing party shall advise the Coordinator in writing, with specificity, of his or her reasons for appeal, together with all alleged facts, argument, and exhibits to support such appeal. If the request for appeal fails to state one of the reasons for appeal set forth above or fails to support the reasons for appeal with sufficient facts, the request for appeal shall be denied.
Review of a Hearing Officer’s decision on appeal shall be made by an Appeals Officer, who shall not have participated in the investigation, hearing or any other prior aspect of the formal complaint, and shall be based on, and limited to, one of the reasons for appeal stated herein.
Upon receipt of a valid request for an appeal from a party, the Coordinator shall promptly notify the non-appealing party of the request for appeal and provide the Appeals Officer andhe non-appealing party with the materials submitted by the appealing party. The non-appealing party will have 10 calendar days to submit his or her written response to the appeal.
The Appeals Officer shall issue a decision on appeal within a reasonable time frame affirming or overturning, in toto or in part, the decision of the Hearing Officer. The Appeals Officer’s ’s written decision shall include, with specificity, his or her conclusions in regard to the decision of the Hearing Officer, the reasons for affirming or overturning the decision, the findings of fact relied on to affirm or overturn the decision, any, if applicable, changes in the disciplinary sanctions to be imposed on the Respondent, if any, as well as any changes to the remedies to be provided to the Complainant, if any.
The written decision of the Appeals Officer shall be sent simultaneously to the parties electronically and/or via first class mail to their last known email or physical address.
The decision of the Appeals Officer shall be final.

Sanctions.
Sanctions for violations of the College’s Policy on Discrimination or Policy on Sexual Harassment include counseling, verbal and/or written reprimand, improvement or corrective action plan, suspension and/or dismissal from the College’s education programs or activities, termination from employment at the College, exclusion from academic participation or other college sponsored programs, and/or denial of access to College facilities as determined through these procedures.

Timeframe for Resolving Complaints.
Every reasonable effort shall be made to conclude the investigation and resolve the complaint within a reasonable timeframe following receipt of the complaint.

Confidentiality and Document Retention.

The Investigator, Coordinator, or anyone having possession of any work product relating to the complaint shall not disclose, distribute, copy or transfer said work product to the parties or any third party. “Work product” is defined as any information gathered by the Investigator for purposes of conducting an investigation of a complaint of discrimination or sexual harassment, other than the Investigator’s report and copies of any evidence submitted by the Investigator with their report.
The complete file, which includes, but is not limited to the complaint, all work product, the investigative report and all dispositions, decisions and/or determinations shall be maintained at the Office of the Title IX Coordinator for a period of seven (7) years from the date a decision of discrimination/sexual harassment becomes final.
The Coordinator shall maintain confidentiality of the file, which shall only be disclosed by order of a court of competent jurisdiction or by applicable state or federal law.
When a finding of discrimination/sexual harassment is final, Hearing Officer’s/Appeal Officer’s decision and a record of the sanctions imposed shall be maintained as part of the student’s educational record or employee’s personnel file, as applicable.

Conflicts of Interest.

The Investigator and, if applicable, the Hearing Officer and Appeals Officer, shall disclose to the Title IX Coordinator of any potential conflicts of interest which would prevent him or her from participating on the investigation or resolution of alleged discrimination or sexual harassment.
The Complainant or Respondent shall advise the Title IX Coordinator, in writing, of any real or perceived conflicts of interest posed by an Investigator, Hearing Officer or Appeals Officer as soon as reasonably practical after they are aware of the potential or perceived conflict, together with the reasons they believe a conflict exists
If any conflict of interest exists between the Investigator, Hearing Officer or Appeal Officer and any of the parties, the Coordinator shall take such action as they deem necessary to eliminate the conflict, including, but not limited to, use of a different Investigator, Hearing Officer or Appeals Officer.

Prohibition Against Retaliation.
It is a violation of College policy for any member of the College community to retaliate against the Complainant, the Respondent, or any person who participates in a discrimination or sexual misconduct investigation or proceeding. While all discrimination and sexual harassment allegations will be reviewed in accordance with these procedures, the College community is advised that a claim of discrimination or sexual harassment is not proof of prohibited conduct, and an accused person is innocent until misconduct has been established by a preponderance of the evidence. Anyone who believes that he/she has been subject to retaliation is encouraged to report such behavior to the Coordinator. A finding of retaliatory conduct is subject to disciplinary action, up to and including termination.

Effective Date
The procedures set forth herein shall apply to reports of discrimination/sexual harassment received by the Coordinator on or after August 14, 2020. All prior reports of discrimination/sexual harassment will continue to be handled in accordance with the policies and procedures in effect at the time the alleged misconduct was reported.

Policy On Sexual Misconduct

The College is committed to maintaining and strengthening a learning environment founded on civility and respect, and to providing programs, activities and an educational environment free from all forms of violence. Any act of sexual misconduct is also a form of sex discrimination prohibited by Title IX. The College has a zero tolerance policy for violence and discrimination and is committed to eliminating all forms of sexual misconduct and discrimination from its campuses. Therefore, it is the policy of the College that students and employees of the College are prohibited from committing any and all acts of sexual misconduct.

The College is also committed to fostering a community that promotes prompt reporting of any allegations of sexual misconduct and the timely investigation and fair resolution of any report of sexual misconduct. A respondent is presumed innocent until misconduct has been established by a preponderance of the evidence. Supportive measures are immediately available to both the complainant and respondent, as well as any individual involved in a complaint of sexual misconduct, which may include, but are not limited to, referrals for counseling, course-related adjustments, modifications of work or class schedules, campus escort services, increased security and monitoring of certain areas of campus and mutual restrictions to contact between the parties.

In accordance with its procedures under Section 13.04, the College encourages anyone who has been the victim of sexual misconduct to file a formal complaint. The College will respect the right to privacy and confidentiality of both parties to the extent permitted under the law, and will balance those rights against disclosure necessary to protect the safety and welfare of the College community.

Any person who violates this Policy will be subject to disciplinary action including, but not limited to, dismissal from the College or termination from employment as set forth in Section13.04.

Reporting Acts of Sexual Misconduct
The College encourages any person who believes that he or she has been a victim of sexual misconduct to report the alleged misconduct to the Title IX Coordinator or an employee who has been designated a “Responsible Employee.”

Duties of a Responsible Employee
All College employees are Responsible Employees under this policy and have a duty to report accusations of sexual harassment or other misconduct of which the employee is aware to the Title IX Coordinator. Accusations of sexual misconduct can be made verbally or in writing to the Responsible Employee and may come from either the victim, a third party or the accused.

In addition, the Responsible Employee shall also:

Advise the reporting person of his or her obligation to report the allegations of sexual misconduct to the Title IX Coordinator. The employee must also advise the complainant that, depending on the nature and seriousness of the allegations, the College reserves the right to notify law enforcement authorities of the alleged misconduct.
Advise the reporting person that Delaware Tech will respect the privacy of the reporting person or victim and will maintain confidentiality on behalf of the reporting person or victim to the extent permitted by law and College policy.
Advise the victim that they may contact law enforcement or Delaware Tech Public Safety and that the employee will contact law enforcement or Delaware Tech Public Safety on the victim’s behalf if requested.
Notify law enforcement or Public Safety within 24 hours after the victim requests such notification.
Advise the victim that he or she is entitled to certain rights in criminal proceedings and direct him or her to: The Victim’s Bill of Rights, Chapter 94, Title 11 of the Delaware Code.
Provide information to the victim regarding confidential medical, counseling, and advocacy services, or direct him or her to College Reporting and Preventing Sexual Misconduct webpage.
Contact the Child Abuse and Neglect Report Line for the Department of Services for Children, Youth and Their Families if the victim is a minor at the time of the report.

Responsibilities of a Campus Security Authority
A “Campus Security Authority” is a Responsible Employee who is also a campus administrator, a member of the College’s Public Safety Department, a dean of student affairs (including professional staff), a dean of instruction (including professional staff), a director of human resources (including professional staff), an athletic director or coach, a faculty advisor to a student group, a disabilities support counselors, a members of a campus CARE Threat Assessment Team, a community resource contact, and the Title IX Coordinator.

When a report of sexual misconduct is received by an employee who is also a Campus Security Authority, the Campus Security Authority shall notify the Public Safety Department in addition to providing the notifications required of a Responsible Employee set forth above. If the reporting person requests that the misconduct not be reported to Public Safety, the employee shall advise the reporting person that the employee must report the allegations of sexual misconduct, but will report only non-identifying information regarding the person making the report.

Sexual Misconduct Defined
Sexual misconduct is comprised of sexual assault, dating violence, domestic violence, sexual harassment, stalking and hate crimes, which are defined in Section 13.04.

Other Definitions
Other definitions relating to this Policy are contained in Section 13.04.

Confidentiality
Information disclosed in any complaint and/or obtained in connection with a subsequent investigation will be kept confidential to the maximum extent allowable by federal and state law, including, but not limited to, the Family Educational Rights and Privacy Act (“FERPA”). The use of these procedures does not preclude a complainant from seeking recourse through the appropriate state or federal criminal law enforcement agencies at any time. College personnel will assist the Complainant in notifying these authorities if the Complainant requests such assistance.

Requests not to Investigate or Refusal to Prosecute
A victim always has the option to forgo criminal prosecution of the accused after an act of sexual misconduct is reported. A victim may also request that the College not investigate the allegations reported, may refuse to file a complaint, and/or refuse to cooperate in the investigation and/or resolution of allegations. However, the College is committed to balancing the rights of the victim and providing a reasonably safe and non-discriminatory environment for its students and employees. Therefore, the College cannot guarantee that it will not conduct an investigation or pursue resolution of the alleged sexual misconduct under Title IX or under different processes available within the College.

The College has the discretion to proceed with an investigation and disciplinary action outside of Title IX even if the victim does not want to move forward with a formal complaint to the Title IX Coordinator. The College will evaluate such reports in the context of its commitment to providing a reasonably safe and non-discriminatory environment

Retaliation
No individual shall be subject to retaliation at any time for making a claim of sexual misconduct or for participating in the procedures for the resolution of sexual complaints. It is a violation of College policy for any member of the College community to retaliate against any individual, including the complainant and respondent, who participates in the investigation or proceedings. Anyone who believes that he/she has been subject to retaliation arising from sexual misconduct complaints is encouraged to report such behavior to College officials. Students or employees who have engaged in retaliatory conduct shall be subject to the College’s disciplinary process and to disciplinary action up to and including dismissal or termination from the College.

Supportive Measures
Upon receipt of a report of sexual harassment, the Title IX Coordinator shall promptly contact the complainant and respondent to request if either party is in need of supportive measures. Such measures may include, but are not limited to, referrals for counseling, course-related adjustments, modifications of work or class schedules, campus escort services, increased security and monitoring of certain areas of the campus and mutual restrictions of contact between the parties. If, at any point during the complaint, investigative, or disciplinary process, the Coordinator deems it necessary for the protection of any member of the College community, the Coordinator may institute such measures on behalf of the complainant, the respondent, or any witness involved in the complaint. The occurrence or non-occurrence of any supportive measure is neither an indicia of guilt nor innocence under these procedures and no punitive measures may be instituted against a complainant or respondent pending the final resolution of the report.

Orders of Protection by a Court
Complainants and respondents are required to provide any order of protection, no contact order, restraining order or other similar orders that may be in place at the time an accusation of sexual misconduct, or any such order that may subsequently be entered prior to the final disposition of a complaint of sexual misconduct, to the Coordinator at the time a report is made or as soon as reasonably practical afterward. Additional supportive measures may be instituted by the Coordinator based on the terms of the order of protection, no contact order, restraining order or other similar orders.

Receipt of a Report of Sexual Misconduct
Procedures for resolving reports of sexual misconduct are contained in Section 13.04 of the Personnel Policy Manual.

Rights of the Parties
The complainant and respondent shall have the same opportunity to provide evidence and witness testimony to the investigator, to be heard, and to have an advisor present at the hearing. Each party shall be simultaneously provided with any notices, decisions or other documents related to the investigation or resolution of a formal complaint of sexual harassment.

All College personnel will treat the parties with respect.
The parties are entitled to privacy during every aspect of the reporting process and any ensuing investigation to the extent permitted by law.
All information obtained will remain confidential to the extent permitted by law.
Both parties have the right to receive medical treatment and counseling services. The College will provide the parties with information of appropriate medical and counseling services available through community-based counseling services.

Role of the Title IX Coordinator
The College’s Title IX Coordinator is responsible for overseeing the resolution of all sexual harassment and discrimination reports made to the College and for implementation of the College’s sexual misconduct and anti-discrimination policies.

Role of the Investigator
If a formal complaint of sexual misconduct has been filed, the Title IX Coordinator shall assign the investigation of the complaint to an investigator. The role of the investigator is to gather information from the complainant, the respondent and witnesses, as well as other evidence relevant to determining whether, by a preponderance of the evidence, such testimony and evidence either supports or does not support the allegations contained in the complaint.

Role of the Advisor
The complainant and the respondent shall have the right to be accompanied by an advisor, including an attorney of his or her own choosing, to any hearing or mediation related to the complaint for which the complainant and respondent are required to attend. Only the advisor may conduct direct and cross examination of both parties, their respective witnesses and the investigator. If a party does not have an advisor to assist him or her at the hearing, the College will provide an advisor to the party free of charge for purposes of conducting direct and cross examination of the parties and their witnesses, and otherwise providing assistance to the party at a hearing or mediation. In no event may an advisor be used for the purpose of intimidating or attempting to intimidate or harass the other party.

Bystander Intervention
Bystander intervention occurs when an individual assumes the responsibility, by exercising safe and positive options, to prevent or interrupt acts of sexual misconduct or the potential for such acts. The College is committed to eliminating sexual misconduct within the College community and believes that actively intervening to prevent or interrupt acts of sexual misconduct or any other act of violence in a safe and positive manner so as not to endanger oneself or others is a way of eliminating such misconduct.

An individual can stop or interrupt such acts by:

Verbally intervening and attempting to de-escalate the situation or instructing the participants to separate;
Indirectly intervening by alerting the parties’ friends, other bystanders, a college official, campus public safety, or local law enforcement;
Distracting the attention of one party away from the other party.
Remember:
1. Do NOT use violence
2. Do NOT be antagonistic
3. Be honest and direct whenever possible
4. Stay calm and positive
5. Recruit assistance to keep yourself and others safe
6. Contact public safety or local law enforcement if the situation escalates.

In the event an employee witnesses a person committing an act or acts of sexual misconduct, he or she should:

Contact 911;
Contact the campus Public Safety Department;
Use an emergency phone located on campus and in the parking lots if within proximity;
Contact the Title IX Coordinator; and/or
Complete the Incident/Behavior Report form located on the Public Safety web page.

(Revised, 4/12/16; 4/11/17; 8/13/20)

Definitions Applicable To Sexual Misconduct

The following definitions shall apply to the College’s Policy on Sexual Misconduct (Section 1.03) and the Procedure For the Resolution of Discrimination and Sexual Misconduct Complaints (Section 13.04):

Abuse. “Abuse” means conduct which constitutes the following:

A. Intentionally or recklessly causing or attempting to cause physical injury. a sexual offense as defined in §761 of Title 11 of the Delaware Code,

B. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension or fear of physical injury or sexual offense as defined in §761 of Title 11 of the Delaware Code;

C. Intentionally or recklessly damaging, destroying or taking the tangible property of another person;

D. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response.

E. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order.

F. Child abuse, as defined in Chapter 9 of Title 16 of the Delaware Code;

G. Unlawful, imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11 of the Delaware Code; or,

H. Any other conduct which a reasonable person under the circumstances would find threatening or harmful.

Complainant. “Complainant” is an alleged victim of sexual misconduct, relationship violence and/or stalking who elects to file a complaint and participate in the College’s investigation and resolution of the alleged sexual misconduct.

Complaint. “Complaint” is an allegation of sexual misconduct, relationship violence and/or stalking asserted against another party and reported to or filed with the College.

Consent. “Consent” means informed, actively and freely given, mutually understandable words or actions that indicate a willingness to participate in a mutually agreed upon sexual activity. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a mutual agreement between them to engage in certain activities with each other. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Ignoring objections or acting in spite of objections by the other party does not gain consent.

A. Consent cannot be inferred from:

Silence, passivity, or lack of resistance alone;
A current or previous dating or sexual relationship alone (or the existence of such a relationship with anyone else);
Attire;
Spending money on behalf of the other party, e.g. buying dinner on a date;
Consent previously given (i.e. consent to one sexual act does not imply consent to another sexual act or a future sexual act.)

B. Use of Force or Threat of Use of Force: There is no consent if it is obtained through the use of physical force, violence, duress, intimidation, coercion or the threat, expressed or implied, of bodily injury. Whether the accused used intimidation coercion to obtain consent is determined by whether a reasonable person in the same or similar circumstances would have felt intimidated or coerced into giving consent.

C. Coercion: “Coercion” is the unreasonable pressure for sexual activity. Coercion is the use of emotional manipulation to persuade someone to do something they may not want to do such as being sexual or performing certain sex acts. Being coerced into having sect or performing sexual acts is not consenting to having sex and is considered sexual misconduct.

D. Incapacitation: “Incapacitation” is a state where someone cannot make rational, reasonable decisions because he/she lacks the capacity to give knowing consent. Consent may never be given by:

Minors, even if the other party did not know the minor’s age;
Mentally disabled persons, if their disability was reasonably known to a sexual partner who is not mentally disabled; or,
Persons who are incapacitated as a result of alcohol, drug use, unconsciousness, blackout. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that constitutes sexual misconduct.
Persons who are incapacitated as a result of sleep, involuntary physical restraint or consumption of rape drugs.

Dating Violence. “Dating or Domestic violence” means violence committed by a person:

A. Who is, or has been, in a relationship of a romantic or intimate nature with the victim;

B. Where there is, or has been, abuse, as defined in this policy, or a pattern of behavior in the relationship which is used to establish power and control over the victim through fear and intimidation.

“Pattern of Behavior” means behavior by one party in an intimate relationship that is used to establish power and control over the other person in the relationship through fear and intimidation.
A pattern of behavior is determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be verbal, emotional and/or physical.

C. Examples of abuse, which can occur singly or as a pattern of behavior, include but are not limited to, slapping, pulling hair, punching, damaging property, driving recklessly to scare someone, name calling, humiliating one in public, harassment directed toward a current or former partner or spouse, threats of abuse, such as threatening to hit, harm or use a weapon on another, or other forms of threat.

D. Whether dating violence has occurred shall be based on the existence of an intimate relationship which shall take into consideration the following factors:

The length of the relationship;
The type of relationship; and,
The frequency of interaction between the persons involved in the relationship.

Domestic Violence. “Domestic violence” means abuse committed by a current or former spouse of the victim; by a person who is cohabiting with the victim where they hold themselves out as a couple, with or without a child in common; by a person living separate and apart from the victim with a child in common; or by a person in a current or former substantive dating relationship with the victim, or by any person similarly situated to a spouse or intimate partner of the victim under the domestic violence laws of the State of Delaware; or by a person against a family member as that term is defined in §901(12) , Title 10 of the Delaware Code; or by any person against an adult or youth victim who is protected from that person’s acts under the domestic violence laws of the State of Delaware.

Fondling. “Fondling” means the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Hate Crime. “Hate Crime” means any person who selects a victim because of his or her race, color, disability, national origin or ancestry, sex, religion, gender identity, gender expression, age, education, veteran status, pregnancy, genetic information, socio-economic status or any other category protected by federal or state civil rights law, and commits any act or crime against that victim for the purpose of interfering with the free exercise of his or her First Amendment or other constitutional rights and:

A. Adversely affects a term or condition of an individual’s employment, education, participation in the College’s activities or environment;

B. Has the purpose or effect of unreasonably interfering with an individual’s employment or academic performance or creating an intimidating, hostile, offensive or abusive environment;

C. Is used as a basis for or a factor in decisions that tangibly affect that individual’s employment, education, or participation in the College’s activities or environment.

Whether alleged conduct constitutes a hate crime depends on the totality of the circumstances and the context in which the conduct is made. For example, verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum does not constitute a hate crime.

Incest. “Incest” means non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Rape. “Rape” is the act of sexual intercourse or penetration (anal, oral or vaginal), however slight, with any body part or any object, by a man or a woman upon a man or a woman, without consent, including vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital or genital to mouth contact).

Retaliation. “Retaliation” means any adverse action threatened or taken against a person because he or she has filed, supported or provided information in connection with a complaint of sexual misconduct, including but not limited to direct and indirect intimidation, threats, and harassment.

Sexual Assault. “Sexual Assault” means a sexual act or acts to which a person has not consented or for which a person is incapable of consenting due to age, intoxication or other reasons. Sexual assault includes, but is not limited to:

A. Rape, or attempted rape;

B. Intentional and unwelcome sexual touching (including disrobing or exposure), however slight, with any body part or any object, by a person upon another person without consent, of the person’s breasts, buttocks, groin, or genitals (or clothing covering such areas), or coercing, forcing, or attempting to coerce or force another to touch you, themselves, or a third party with any of the body parts or areas when such touching would be reasonably and objectively offensive;

C. Any sexual act in which there is force, violence, or use of duress or deception upon the victim;

D. Any sexual act perpetrated when the victim is unable to give consent; and,

E. Sexual intimidation, which includes, but is not limited to:

Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her consent;
Stalking or cyber-stalking; and,
Engaging in indecent exposure.

Sexual Exploitation. “Sexual Exploitation” means any act of taking non-consensual unjust or abusive sexual advantage of another person for one’s own advantage or benefit or to benefit or advantage anyone other than the person being exploited. Sexual exploitation includes, but is not limited to:

A. Causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such person;

B. Prostituting another person (i.e. personally gaining money, privilege or power from sexual activities of another);

C. Non-consensual videotaping, photographing, or audio-taping of sexual activity and/or distribution of these materials via media such as, but not limited to, the Internet;

D. Exceeding the boundaries of consent (e.g. allowing another person to observe consensual sex without the knowledge of or consent from all participants);

E. Voyeurism; and

F. Knowingly or recklessly transmitting a sexually transmitted disease (including HIV) to another individual.

Sexual Harassment. “Sexual harassment” shall mean any unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature constitute sexual harassment when:

A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education; or

B. Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or

C. If non-physical, such conduct is so severe, pervasive, and objectively offensive that the victim is effectively denied equal access to the College’s resources and opportunities.

Sexual harassment may involve individuals of the same or different gender. Sexual harassment is most frequently associated with those situations in which a power differential exists between persons involved; however, it also may occur between individuals of the same College status, i.e., student-student.

Examples of severe and pervasive non-physical conduct, which may constitute sexual harassment when such expression is so objectively offensive that it denies the victim equal access to the College’s resources and opportunities include, but are not limited to:

A. Unwelcome sexual advances, requests for sexual favors, or other non-physical conduct of a sexual nature;

B. Sexually explicit statements, comments, questions, pictures, objects, jokes, or anecdotes;

C. Unwelcome use of the electronic mail or telephone communication system to communicate prohibited conduct or activities; or

D. Graphic comments about a person’s clothing or body.

Sexual Misconduct. “Sexual misconduct” means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature committed against an individual without consent. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual misconduct also includes complicity in sexual misconduct. The College encourages reporting of all sexual misconduct. Sexual misconduct includes, but is not limited to:

A. Dating violence;

B. Domestic violence;

C. Sexual Assault;

D. Sexual Exploitation;

E. Sexual Harassment; and,

F. Stalking.

Statutory Rape. “Statutory Rape” means nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for his or her safety or the safety of others; or (ii) suffer substantial emotional distress.

A. “Course of conduct” means two or more acts, including but not limited, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follow, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. It can include, but is not limited to:

Non-consensual communication (face-to-face, telephone, email)
Threatening or obscene gestures;
Surveillance/following/pursuit;
Showing up outside the targeted individual’s classroom or workplace;
Sending gifts (romantic, bizarre, sinister, or perverted)
Making threats

B. “Emotional distress” means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

C. “Reasonable person” means a reasonable person under the circumstances and with similar identities to the victim.

(Revised Board of Trustees, 4/12/16, 4/11/17)

Guide To Requesting Academic Accommodations And/or Auxiliary Aids

GETTING STARTED

Delaware Technical and Community College is committed to providing reasonable academic adjustments for students with disabilities which may include auxiliary aids and/or accommodations that do not alter a fundamental requirement of our academic programs. Since every disability manifests itself differently in each individual, every attempt will be made to tailor all academic adjustments to meet individual needs. Students with disabilities who wish to request academic adjustments must see the campus ADA contact. The campus ADA contact will evaluate the request and engage in an interactive process to determine what, if any, academic adjustments are warranted. Students seeking academic adjustments must request the same at least 4 weeks prior to the start of each semester for which academic adjustments are sought. Academic adjustments requested by students who fail to follow these procedures may be denied or may not be available prior to the start of classes.

CAMPUS ADA CONTACTS

The following individuals are the ADA contacts for their respective campuses. They will assist you in fulfilling the requirements to obtain reasonable and necessary academic adjustments.

Dover
Matthew Zink
(302) 857-1349
mzink1@3588612.com

Georgetown
Shannon Wright
(302) 259-6049
shannon.wright@3588612.com

Stanton
Heather M. Statler
(302) 454-3927
hstatler@3588612.com

Wilmington
Stephanie Spadaccini
(302) 434-5553
stephanie.spadaccini@3588612.com

DOCUMENTATION

Students should provide the campus ADA contact with documentation of their disability. This information may include diagnosis of disability, functional limitations, psycho-education testing results, most recent IEP (if available), and any other information that may provide insight, clarification or support of the student’s condition and how that may impact the student’s ability to perform in an academic setting. Since many types of disability remain unchanged over the course of a student’s lifetime, information may be accepted in cases where the campus ADA contact determines in his or her sole discretion that a meaningful interactive process can occur and reasonable adjustments can be approved. In some instances, discussion between the student and the campus ADA contact may be sufficient to determine the appropriate assistance. In other situations, a professional evaluation will be necessary to enable the campus ADA contact to understand how the disability impacts the student’s ability to function in a college setting. If documentation is necessary, the student must sign a release authorizing the information to be given to the campus ADA contact. PROVIDING THIS DOCUMENTATION IS THE OBLIGATION OF THE STUDENT, AT THE STUDENT’S SOLE EXPENSE.

The student and the campus ADA contact (together with such other parties as may be designated by the Campus ADA Contact) will discuss which academic adjustments are appropriate for the student’s individual situation and coursework.

CONFIDENTIALITY

The ADA campus contact will maintain appropriate confidentiality of records or communication, except when disclosure is authorized by the student or by law.

EXAMPLES OF ACADEMIC ADJUSTMENTS PROVIDED BY THE COLLEGE

In providing academic adjustments, we do not lower or effect substantial modifications to essential technology requirements nor do we make modifications that would fundamentally alter the nature of a program.

Examples of the types of academic adjustments which may be provided are as follows:

Accessible Furniture: Providing classroom furniture, which is most appropriate for the student in light of their disability.

Assistive Listening Device: An amplification system designed to help the student hear better by minimizing background sounds and amplifying desired sound.

Clear View/Lip-Reading: The process of viewing the speaker’s lips to facilitate communication (requires unobstructed view of the speaker).

Course Reductions which do not fundamentally alter the nature of the program: Students may elect to attend on a part-time basis. Part-time study may impact the length of time to complete program requirements and/or financial aid.

Course Substitutions will be considered so long as the modification does not fundamentally alter the nature of a program.

Early Access to Course Syllabus: Providing the student with a course syllabus prior to the beginning of the term. A student who needs class material in alternate format or who requires additional time to complete reading or writing assignments will benefit from having early access to course requirements. Early access to the course syllabus allows the accommodation process to begin early and reduces chances of delays in services.

Large Print Handouts: Enlarging written material on standard photocopier or word processor to facilitate reading for a student with various processing or sensory impairments.

Note taker/Scribe: Individual assigned to assist a student by recording class lecture notes of instructor’s spoken words. The scribe may also assist student to record in-class assignments.

Priority Seating: Allowing the student to choose the class seating arrangement which is most appropriate in light of the disability.

Sign Language Interpreter(s): A person who translates spoken English into American Sign Language (ASL) and vice versa for students with significant hearing loss or deafness. A student using an Interpreter should be allowed to choose classroom seating which is most appropriate for that student’s particular need. The college will provide the interpreter; it is not reasonable to expect the College will pay for an interpreter you have used before or currently use on a daily basis.

Tape Recording/Transcribing Lectures: Recording spoken material presented in the classroom using a tape recorder.

Visual Media: Using graphics or other visual methods, such as PowerPoint slides or handouts, to supplement class lecture and spoken information.

The following is a list of testing adjustments which may be made, depending upon the course and the needs of the student:

Alternative Test Design: Changing test format or design to allow the student to demonstrate mastery of course material while minimizing the interference of their disability. For example, one might use a multiple-choice design instead of an essay design.

Alternative Test Location: The student is assigned to take an exam in a mutually agreeable location. Arranged and coordinated by the ADA campus contact.

Computer Usage: Use of a personal computer during testing allowing the student to use a spellchecker, word processing capabilities, or special assistive software required for their specific disability needs.

Distraction – Free Environment: An environment free from noise and other distractions (classroom activities, phones, loud talking, operating machinery) that might interfere with the testing process.

Electronic Speller/Dictionary: An electronic speller is a portable device, which assists the student in spelling correctly.

Extended Time: Additional time given to complete a test. Length of extension varies according to the student’s needs and documented disability. The standard time extension is “time and a half.”

Individual Test Proctor: Individual assigned to personally administer a test to the student.

Large Print Test: Enlarging tests to provide the student with visual access to the test.

Oral Test: Administering test orally to the student and allowing the student to provide oral responses.

Reader: Individual assigned to read test directions and/or test questions to the student with a disability.

Scribe: Individual assigned to record test responses of the student with a disability but who does not offer assistance with content of test responses.

Sign Language Interpreter(s): A person who translates directions and/or information given during test administration from English into American Sign Language (ASL). It may also include allowing the student to ask questions for further clarification using his/her ASL interpreter during test questions.

Test on Tape: Tape recording test questions so the students can listen to the questions. This might include allowing the student to tape record the answers.

Voice Calculator: A calculator that provides voice output of mathematical data and mathematical processes.

EXAMPLES OF REQUESTS WHICH ARE NOT REASONABLE

The following is a list of services that the college will not provide. This is not an exhaustive list, but rather provides examples of unreasonable requests. The ADA campus contact may be able to provide community referrals to these services, if appropriate.

Providing personal attendants (aides)
Feeding students
Administering and storing of medications
Assisting with personal hygiene (catheter bags, etc.)
Writing and proofreading papers
Tutoring (will be referred to campus tutorial support)
Psychological counseling
Storage of medical supplies and equipment (oxygen tanks, wheelchairs, etc.)
Diagnosis of disability condition
Providing care for service animals

COMMUNICATION WITH FACULTY

The ADA campus contact will send notification to faculty and campus offices of the academic adjustments that will be provided. Students are encouraged to discuss their academic adjustment (s) with their instructors; however, students are NOT obligated to self-disclose the nature of their disability to the instructors. Students are responsible for communicating the effectiveness of the academic adjustment(s) with the instructors and the campus ADA contacts.

GRIEVANCE PROCEDURE

If a student is not satisfied with the academic adjustment(s) that, after discussion with all parties, has been determined to be appropriate by the campus ADA contact, then s/he may use the following grievance procedure.

Students who are unsatisfied with the academic adjustments approved by the campus ADA contact or otherwise feel they have been the subject of discrimination on the basis of disability shall state their concerns in writing to the appropriate Dean of Student Affairs. The inquiry shall be made as soon as reasonably possible after the action occurs but in no case later than 10 working days after such occurrence. The time for filing a grievance can be waived for good cause at the discretion of the Dean of Student Affairs.

The Dean of Student Affairs, or designee, shall conduct a thorough investigation of the grievance, affording all interested persons and their representatives an opportunity to submit relevant information. The Dean of Student Affairs shall consult with the College’s Civil Rights Coordinator, or designee, and shall issue a written response, with a description of the resolution, if any, to the grievant and other appropriate persons within 15 working days of receipt of the complaint.

The decision of the Dean of Student Affairs shall be final.

Nothing in this procedure prevents any individual who believes he or she may have been discriminated against from pursuing any and all legal remedies.

RETURNING STUDENTS

Accommodation(s) plans are NOT carried over from semester to semester. A new request for academic adjustments must be made for each semester that adjustments are desired. Once a request is made, students must allow the campus ADA contact up to four weeks to facilitate appropriate academic adjustments.

Student Rights And Standards Of Student Conduct

Delaware Technical Community College has the responsibility and duty to establish and deliver a comprehensive educational program to the citizens of the State of Delaware as defined in the law through the General Assembly. The College is committed to providing a learning environment for students in which they may grow both as students and citizens.

As members of the College community, students have an obligation to participate in the life of the College in a responsible manner. Students have the freedoms of speech, peaceful assembly and petition, as well as the right to due process. However, students also have responsibilities and duties commensurate with their rights and privileges.

II. Purpose
The purpose of this policy is to state and uphold rules and regulations deemed necessary for the orderly administration and operation of the College, for the orderly resolution of conflicts and disputes, and for the protection of the College community against misconduct and unlawful acts. Additionally, this policy identifies the type of conduct encompassed, the procedures to be used when infractions are alleged, and the sanctions for policy violations.

III. Scope
A. Delaware Technical Community College's jurisdiction for student discipline purposes shall include conduct that occurs on campus and at College-sponsored activities held off College premises that may adversely affect the College community and/or the pursuit of its objectives.

B. Conduct involving allegations of academic dishonesty will be handled under the College Policy on Academic Dishonesty.

C. A student who wishes to challenge an academic grade given in any course must proceed in accordance with the Academic Grade Challenge Policy.

D. Allegations concerning behavior in the academic setting will be handled under this Student Rights and Standards of Student Conduct Policy.

E. The Vice President for Academic Affairs, in consultation with the College-wide Deans of Student Affairs, may develop forms and procedures for the administration of this Student Rights and Standards of Student Conduct Policy.

F. The College will administer disciplinary action and, if necessary, initiate criminal or civil actions consistent with constitutional safeguards accorded by law. Any questions about the College's jurisdiction will be resolved by Delaware Technical Community College's Chief Legal Counsel.

IV. Student Rights
A. Students enrolled in any program or course at any campus of the College have the right to pursue their educational goals and may expect:

A description of the course to include the measurable objectives, course requirements and evaluation procedures.
A fair performance evaluation based on measurable objectives and course requirements.
The opportunity to discuss, inquire and express their views in the classroom or in conference.
Protection against improper disclosure concerning data which is confidential, in accordance with state and federal guidelines. (See the Family Educational Rights and Privacy Act FERPA)
To be treated with dignity and respect.

B. Procedure For The Resolution of Complaints By a Student
Step 1 - A student who feels that any of his/her rights, as identified above, have been violated is encouraged to first meet with the person accused of violating the students' rights to seek satisfactory resolution in an informal manner through discussion.

Step 2 - In the opinion of the student, if satisfactory resolution is not achieved at Step 1, the student shall meet with his/her academic counselor or advisor to discuss and facilitate a resolution of the complaint. The facilitator (academic counselor or advisor) may include other individuals as appropriate.
Step 3 - In the opinion of the student, if a satisfactory resolution is not accomplished at Step 2, the student shall file a written complaint with the Dean of Student Affairs. The written complaint shall be submitted within five (5) working days after all meetings with the facilitator have concluded. The complaint shall include the name of the person accused of violating one or more of the rights as set forth above, a statement of the specific right or rights alleged to have been violated by the accused, the manner in which the right or rights is alleged to have been violated, the identity of any person who has knowledge of any fact supporting the charge(s) and a summary of all facts of which the person is alleged to have knowledge, a summary of efforts to resolve the matter to date and the relief sought by the complaining party.

Step 4 - The Dean of Student Affairs, after reviewing the complaint to ensure that the resolution process has been properly followed, will forward a copy of the written complaint to the accused, who will be given an opportunity to respond to the accusations against him/her. The response shall be written and shall be submitted within 10 working days from the date the complaint is forwarded by the Dean of Student Affairs. If the accused is an employee, his or her immediate supervisor shall be notified by the Dean of Student Affairs that a complaint has been filed. The Dean of Student Affairs shall thereafter conduct such investigation into the allegations as he/she deems necessary and shall notify the student and the accused in writing of his/her determination. In the event that the Dean of Student Affairs determines that a students' rights have been violated by an employee of Delaware Technical Community College, then the Dean of Student Affairs shall also provide a copy of his or her decision to the appropriate dean or director, the Director of Human Resources of the campus where the employee is employed, or to the Assistant Vice President for Human Resources if the employee is employed in the Office of the President, who shall administer such discipline, if any, as he/she deems appropriate. Any disciplinary action and/or corrective action taken, or appeals thereof, will be in accordance with section XII, Conduct and Corrective Action Policy of the Personnel Policy Manual.

V. Standards of Student Conduct
Students enrolled in any program or course at a campus of the College have the responsibility to conduct themselves in a manner conducive to the orderly operation of the College and will be expected to:

Attend classes on a regular basis in order to have the maximum opportunity to complete the measurable objectives and meet the requirements of each course.
Respect the rights of staff members and students as they participate in College courses, programs and activities.
Satisfy all financial obligations to the College.
Comply with all published Delaware Technical Community College policies, rules and/or regulations included in the College Catalog and elsewhere.
Comply with all federal, state and local laws.
Treat others with dignity and respect.

A. Unacceptable Student Conduct
The College has determined that the following student actions are unacceptable and subject to disciplinary action under the procedures set forth in this policy.

Such behavior shall include, but not be limited to:

The incitement or acts of force, assault, offensive touching, coercion, harassment, violence, intimidation or any interference with the free movement of others upon the College premises, or any act which endangers the mental or physical health or safety, or any act which is in violation of the Delaware Technical Community College Violence-Free College Policy.
Disruption or obstruction of the orderly operation of Campus activities, on or off College premises. Disruptive behaviors may include, but are not limited to, profane or vulgar statements or gestures, personal habits, personal appearance, slanderous or libelous statements, speech-oriented activities or publications.
Gambling.
Possession, consumption and/or abuse of illegal drugs and/or alcohol or any violation of the Delaware Technical Community College Drug-Free School And Workplace Policy.
Forgery, bribery, perjury, making a false statement, and/or other behavior indicating dishonesty.
Cheating, plagiarism or other violation on the College's Policy on Academic Dishonesty.
Theft, robbery, criminal trespass and/or burglary.
Intentional destruction of College property or the property of another or damaging public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting or making any significant mark or inscription thereon.
Sexual assault, stalking or other violation of the Delaware Technical Community College Sexual Assault Policy.
Violation of the Delaware Technical Community College Policy Prohibiting Weapons and Dangerous Instruments or Devices.
Violation of the Delaware Technical Community College Sexual Harassment Policy which will be handled according to the Procedure for the Resolution of Sexual Harassment Complaints as published in the College Catalog.
Violation of the Delaware Technical Community College Acceptable Use of Electronics Networks Policy.
Violation of any other published Delaware Technical Community College policy, rule and/or regulation included in the College Catalog and elsewhere.
Any other violation of federal, state or local law.

B. Procedure for the Resolution of a Complaint Against a Student
Any member of the College community who has reason to believe that a student has violated the Standards of Student Conduct should report the alleged violation to one of the following College officials:

Members of the Public Safety Department
Dean of Student Affairs
Dean of Instruction
Director of Workforce Development and Community Education (for non-credit students)
Evening Coordinator/Evening Operations Manager

The Vice President and Campus Director and each of the College officials designated above shall have the authority to immediately remove from campus any student who is accused of violating the Standards of Student Conduct when, in the opinion of the Vice President and Campus Director or other designated College official, the student's continued presence on campus creates an unreasonable risk to the health, safety and/or welfare of any member of the College community or is disruptive to the learning environment. This action may include calling the local law enforcement officers as necessary. In addition, after review with the respective Vice President/Campus Director, the Dean of Student Affairs shall have the authority to suspend a student pending a hearing in cases when, in the opinion of the Dean of Student Affairs, the welfare of the College community is endangered or jeopardized by the student's continued presence on campus or to place such conditions on the student's presence on campus as he/she determines in his/her discretion to be in the best interest of the College, its students and staff.

In cases where the initial report of alleged student misconduct is reported to a Dean of Instruction or a Public Safety Officer, he/she shall report the complaint to the Dean of Student Affairs as soon thereafter as is reasonably practicable.

The following procedure shall apply to all complaints against a student unless another procedure and/or process has been established by another College Policy or by agreement for students in non-credit courses.

Upon receipt of notice that a violation of the Standards of Student Conduct is believed to have occurred, the Dean of Student Affairs shall utilize the following procedure to resolve the matter:

Step 1 - If appropriate, the Dean of Student Affairs shall encourage the complaining party to first meet with the student accused of violating the Standards of Student Conduct in an effort to seek a satisfactory resolution in an informal manner through discussion.

Step 2 - In the opinion of the complaining party, if a satisfactory resolution is not accomplished at Step 1, or if informal discussions with the accused would jeopardize the health, safety or welfare of the complaining party, the Dean of Student Affairs shall request a formal written complaint from the complaining party. The written complaint shall be received within five (5) days after the request from the Dean of Student Affairs and shall include the name of the person accused of violating the Standards of Student Conduct, a statement of the specific Standards of Student Conduct alleged to have been violated by the accused, the manner in which the Standards of Student Conduct are alleged to have been violated, the identity of any person who has knowledge of any fact supporting the charge(s) and a summary of all facts of which the person has knowledge, a summary of efforts to resolve the matter to date and the relief sought by the complaining party.

The Dean of Student Affairs, after reviewing the complaint to ensure that all required information has been provided and the resolution process has been properly followed, will forward a copy of the written complaint to the accused, who will be given an opportunity to respond in writing to the accusations against him or her within five (5) working days. The Dean of Student Affairs shall include a copy of The Student Rights and Standards of Student Conduct and shall advise the accused of the following:

That the accused violator has the right to a hearing before a Campus Judicial Committee in accordance with the hearing process outlined in Section VI.
That the accused violator has a right to be represented by an advisor or an attorney in a hearing before the Campus Judicial Committee. The name of the advisor or attorney must be submitted to the Campus Judicial Committee at least twenty-four (24) hours prior to the hearing.
That the accused violator has a right to waive a hearing before the Campus Judicial Committee and to accept the disposition of the matter as determined by the Dean of Student Affairs, including the possible sanctions to be imposed.
That waiving the right to a hearing includes waiving the right to an appeal.
That the accused violator will be deemed to have waived his/her right to a hearing before the Campus Judicial Committee unless a written request is received by the Dean of Student Affairs within seven (7) working days after the date of the notice advising the accused violator of his/her rights as contained herein.
That the accused violator has the right to appeal the decision of the Campus Judicial Committee to the Dean of Student Affairs.

In the event the accused elects to have a hearing, the Dean of Student Affairs shall notify the Vice President and Campus Director of the need to appoint a Campus Judicial Committee. Upon receipt of the names of the Campus Judicial Committee appointments, the Dean of Student Affairs will notify all parties, in writing, of the date, time and place of the scheduled hearing. The hearing shall be conducted in accordance with Section VI. Either party has the right to appeal the decision of the Judicial Committee to the Dean of Student Affairs within seven (7) working days after receipt of the decision.

In the event that the accused student waives his/her right to a hearing or withdraws a request that was previously made, the Dean of Student Affairs shall conduct such investigation into the allegations as he/she deems necessary and shall notify the complainant and the accused student in writing of his/her determination. The investigation of the alleged violation and the subsequent decision of the Dean of Student Affairs shall be final. The Dean shall notify the accused violator and the complaining party, in writing, of the final determination.

C. Sanctions for Violation of Student Conduct Standards Sanctions applied for violations of Student Conduct Standards may include any one or more of the following:

Written Reprimand - A written notice to the student that his or her actions violated the Standards of Student Conduct and that future incidents of misconduct may be cause for further disciplinary action.
Disciplinary Probation - A specified period of time during which the student is expected to demonstrate appropriate conduct as a member of the academic community.
Academic or Social Restriction - Exclusion from stated classes, facilities, services or activities for a specified period of time.
Restitution - Payment for damages to College property or the property of another.
Rehabilitative Referral - Referral to an accepted physician or mental health counselor for evaluation and, if indicated, treatment for a physical, mental or psychological condition or disorder.
Suspension - Temporary (5 days or less) withdrawal of the student's right to attend classes or otherwise be present on College premises or to attend College functions, whether on campus or off campus.
Dismissal - Withdrawal of the privilege of registration, class attendance or activities on any campus of the College for an indefinite period of time.

The College reserves the right to refer a student for criminal prosecution, which may be in addition to any sanction set forth above.

VI. The Hearing Process
Written charges of Violations of Student Conduct Standards in which judicial proceedings are elected, will be referred to and heard by a Campus Judicial Committee composed of:

Two (2) students of the campus appointed by the Student Government Association.

Two (2) staff members, one (1) each appointed by the Dean of Instruction and the Dean of Student Affairs. Delaware Technical Community College's Chief Legal Counsel, or his/her designee, who shall serve as the chairperson.

No member of the Campus Judicial Committee may be a party to the case for which he/she is sitting in judgment. In the event that Chief Legal Counsel is a party or potential witness, then the chairperson shall be appointed by the College President. Pending final decision of the complaint the status of the accused will not change as to his/her continued presence on campus and participation in scheduled assignments or classes, except where his/her presence constitutes a real and present danger to himself/herself, to others or to the orderly operation of the College.

The accused will be advised by the Dean of Student Affairs of possible sanctions or disciplinary action with sufficient detail to enable him/her to prepare properly for the hearing. The accused may withdraw his/her request for a hearing at any time.

The complaining party may withdraw charges at any time. Once charges are withdrawn, they may not be reintroduced unless sufficient new evidence is brought forth. A written request to withdraw charges must be submitted to the Dean of Student Affairs who will notify all parties of the action.

The chairperson shall preside over the hearing and shall make all rulings concerning the admissibility of evidence. The hearing will be upon sworn or affirmed testimony and the proceedings will be tape-recorded for the preservation of the record. The Delaware Uniform Rules of Evidence shall be used as a guide to the admissibility of evidence. All documents submitted as evidence and the tape-recording of the hearing will be kept for not less than one (1) year. Since the hearing will be audio tape-recorded, it will be necessary for each person to state his or her identity when speaking. The parties may submit relevant factual data, documents, testimony and argument. Only evidence and argument presented at the hearing or presented to the Campus Judicial Committee and opposing parties before the hearing may be taken into consideration by the Judicial Committee in making its findings and rendering its decision. All members of the Judicial Committee must be present to proceed to hearing and must remain for the duration of the proceedings.

To begin the hearing, the chairperson of the Judicial Committee will read the statement of charges. The person bringing the charges may present evidence, call witnesses in his/her own behalf, and confront and cross-examine witnesses called by the accused. The accused shall have the right to present evidence, to call witnesses in his/her own behalf, and to confront and cross-examine witnesses called by the person bringing the charges. The Campus Judicial Committee may also call witnesses to give testimony, who shall also be subject to cross examination by either party. The person bringing the charges will be required to attend the hearing. The hearing will be open only to members of the Campus Judicial Committee, the accused and his/her advisor or attorney, the person bringing the charges and his/her advisor or attorney, and witnesses called to testify. All witnesses shall be sequestered.

Upon conclusion of the hearing, the Judicial Committee will make findings of fact and conclusion as to innocence or guilt which will be established by a preponderance of evidence and by majority vote of the Campus Judicial Committee. The burden of proof rests with the person bringing the charges. The chairperson will cast a vote only in case of a tie vote. The Campus Judicial Committee will submit a written decision to the Dean of Student Affairs within seven (7) working days, setting forth its findings and, if applicable, the disciplinary action to be imposed where a finding of guilt is rendered upon the student. The Dean of Student Affairs will forward a copy of the Campus Judicial Committee's decision to the accused student and to the person bringing the charges within five (5) working days after his or her receipt thereof.

In cases where a violation of the Standards of Student Conduct is found, the Dean of Student Affairs shall advise the student of his or her right to submit an appeal, in writing, within seven (7) working days from the receipt of the written notice. The appeal shall be to the Dean of Student Affairs and shall be based on the record before the Campus Judicial Committee. Upon review and examination of the Campus Judicial Committee's findings, the Dean may either affirm or reverse the Committee's decision. The decision by the Dean of Student Affairs shall be in writing and shall be the final disposition of the complaint.

Drug-free School And Workplace Policy

Delaware Technical Community College believes that illegal drugs and abuse of alcohol have no place in the College environment. Congress passed the Drug-Free Workplace Act of 1988, requiring the certification of federal grantees of a drug-free workplace; and the Drug-Free Schools and Communities Act Amendments of 1989, mandating the certification of adoption and implementation of programs to prevent unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. The College supports these Acts.

For these reasons, the College has adopted the following regulations:

(a) The unauthorized and/or unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is strictly prohibited in all facilities of the College, in all places where its employees/students work/attend, including all State-owned vehicles, and as any part of the College's activities. A controlled substance is one which appears in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). As a condition of employment/enrollment, all employees/students shall abide by this prohibition and notify the College of any criminal drug or alcohol statute conviction for a violation of this Policy as provided by paragraph (b) below. Violation of such prohibition shall result in action against the employee/student, as set out in section (g) below, which shall include action up to and including termination/expulsion, and/or satisfactory participation in an approved drug or alcohol abuse assistance or rehabilitation program. Participation in such a program shall not be paid for by the College, but may be covered by a(n) employee's/student's health insurance policy. Appendix A contains a description of Federal trafficking (distribution) penalties for substances covered by the Controlled Substances Act. Appendix B contains examples of State penalties for the unlawful use, possession, or distribution of drugs or alcohol.

All violations of this Policy shall be reported to the College President, or his/her designee, who shall report the violation to the appropriate law enforcement authority. Action shall be taken in all cases of a chargeable offense under the provisions of the applicable State law or comparable Federal law; however, a conviction of the charged offense shall not be necessary to take action against the employee/student for a violation of this Policy. The employee/student against whom such an action is taken shall be entitled to due process through the rules and regulations of Delaware Technical Community College.

(b) All employees/students shall notify the College President in writing of any criminal drug or alcohol statute conviction for a violation occurring in any facility or on the property of the College, or at any College activity, no later than five days after such conviction. Failure of the employee/student to make such a notification shall lead to termination/expulsion from the College. Within ten days of receiving notice of any employee convicted as described above, the College shall notify the federal agencies providing grants to and through the College in accordance with the Drug-Free Workplace Act of 1988.

(c) Within thirty days of receiving notice of any employee/student convicted as described in section (b), the College will:

Take appropriate action against such a(n) employee/student, up to and including termination/expulsion; or
Request such employee/student to participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, State, or local health, law enforcement, or other appropriate agency.

Such action may be taken by the College prior to conviction.

(d) The College shall give each employee/student a copy of the statement set out in the sections (a), (b) and (c) above, and post it prominently throughout the College. To meet requirements of the Drug-Free Workplace Act of 1988, each employee shall sign a copy of the statement; said copy shall be placed in the employee's payroll file in the Office of the President.

(e) Each campus of the College will develop and implement a program to inform employees/students of:

The dangers of drug abuse or alcohol consumption;
The College’s policy of maintaining a drug- and alcohol-free environment;
Any available drug or alcohol abuse counseling, rehabilitation, and employee assistance programs; and
The penalties that may be imposed upon employees/students for drug or alcohol violations occurring in any facility or on the property of the College, or at any College activity.

(f) The College shall make a good faith effort to continue to maintain a drug- and alcohol-free environment through the implementation of this Policy, and ensuring that all new employees/students are informed of the Policy through the measures set out in sections (d) and (e).

(g) Delaware Technical Community College employees/students who violate this Policy shall be subject, at a minimum, to the following penalties:

Violation	Minimum Penalties
1. Unlawful possession, use or consumption of a controlled substance or a counterfeit controlled substance, in an amount that is typical of immediate personal use.	Employee: Three days suspension without pay and/or participation in drug abuse program. Student: Three days suspension from classes and/or rehabilitative referral to a drug abuse program
2. Unlawful possession or use of a hypodermic syringe or of drug paraphernalia.	Employee: Three days suspension without pay and/or participation in drug abuse program. Student: Three days suspension from classes and/or rehabilitative referral to a drug abuse program
3. Second offense of violation 1 or 2 above.	Employee: One month suspension without pay and mandatory participation in drug abuse program. Student: One month suspension from classes and mandatory participation in drug abuse program.
4. Third offense of violations 1 and/or 2.	Employee: Termination. Student: Expulsion
5. Unlawful possession of a controlled substance or a counterfeit controlled substance, in an amount which is beyond that typical for immediate personal use.	Employee: One month suspension without pay and mandatory participation in drug abuse program. Student: One month suspension from classes and mandatory participation in drug abuse program.
6. Unlawful delivery or distribution of a hypodermic syringe.	Employee: One month suspension without pay and mandatory participation in drug abuse program. Student: One month suspension from classes and mandatory participation in drug abuse program.
7. Unlawful delivery, distribution, or manufacture of drug paraphernalia.	Employee: One month suspension without pay and mandatory participation to drug abuse program. Student: One month suspension from classes and mandatory participation in drug abuse program.
8. Unlawful delivery or distribution of a controlled substance, of a counterfeit controlled substance or of a noncontrolled substance under the representation that the substance is a narcotic or non-narcotic controlled substance in an amount that is typical for immediate personal use.	Employee: One month suspension without pay and mandatory participation in drug abuse program. Student: One month suspension from classes and mandatory participation in drug abuse program.
9. Unlawful delivery or distribution of a controlled substance, of a counterfeit controlled substance or of a noncontrolled substance under the representation that the substance is a narcotic or nonnarcotic controlled substance in an amount which is beyond that which is typical for immediate personal use.	Employee: Three month suspension without pay and mandatory participation in drug abuse program. Student: Three month suspension from classes and mandatory participation in drug abuse program.
10. Second offense of violations 5 through 9.	Employee: Termination. Student: Expulsion.
11. Unlawful delivery or distribution to a minor of a hypodermic syringe, of drug paraphernalia, or of any amount of a controlled substance, a counterfeit controlled substance, or a noncontrolled substance under the representation that the substance is a narcotic or nonnarcotic controlled substance.	Employee: Termination Student: Expulsion
12. Aggravated Possession or Trafficking as defined under state or federal law.	Employee: Termination Student: Expulsion
13. Failure to report conviction pursuant to section (b) of this Policy.	Employee: Termination Student: Expulsion
14. Intoxication from use of alcohol.	Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination. Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.
15. Unauthorized and/or unlawful possession or use of intoxicating beverages.	Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination. Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.
16. Unauthorized and/or unlawful sale or other transfer of intoxicating beverages.	Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination. Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.

(h) A description of the health risks associated with the use of illicit drugs is outlined in Appendix C. A description of the health risks associated with the abuse of alcohol is as follows:

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical and mental abnormalities. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

(i) Employees and students are encouraged to review Appendix D for a listing of providers offering drug or alcohol counseling, treatment, or rehabilitation services. In addition, employees enrolled with the State of Delaware’s health care provider are eligible to receive drug or alcohol treatment services through the Employee Assistance Program. Employees may contact the Human Resources Division within the Office of the President for more information regarding the Employee Assistance Program.

Behavioral Intervention And Threat Assessment

Background and Purpose

The purpose of this policy is to provide members of the Delaware Technical and Community College community with an effective and efficient process to report concerns that a student may pose a risk to his or her own safety or the safety of another, and to establish a process for identifying, assessing and managing students who may pose a threat of violence.

Threat assessment is a process of evaluating a risk to the safety of any member of the campus community. The primary purpose of threat assessment is to prevent acts of violence from occurring by identifying emerging aggressive and potential violence to themselves or others. Threat assessment is conducted when a person (or persons) threatens to commit a violent act or engages in behavior that appears to threaten an act of violence. Threat assessment is ultimately concerned with whether an individual poses a threat, not whether he or she has made a threat. Threat assessment can be distinguished from profiling in part because the investigation is triggered by some sort of threatening behavior rather than some combination of demographic and personal characteristics of the individual. Moreover, threat assessment goes beyond the determination that an individual poses a safety risk and includes early detection and intervention to ensure the safety of all members of the campus community.

A threat is defined as any behavior which suggests intent to harm themselves or others. Threats may be spoken, written, e-mailed, or expressed in some other way, such as through gestures. Threats can be made directly or indirectly, communicated through third parties, or expressed in private writings. Possession of a weapon such as a firearm or knife on school grounds would be presumed to indicate a threat, unless determined otherwise by a subsequent investigation.

CARE Team Coordinator

A Campus Awareness Response and Evaluation (CARE) Team Coordinator (CTC) shall be appointed by the Campus Director as the first point of contact for students or employees who want to report a threat or concern for campus safety or an individual’s safety. The CTC will gather and analyze information needed for threat assessment. The CTC shall recommend for approval by the Vice President/Campus Director a designee who shall serve in their place in the event that the member is unavailable.

The CTC should be trained in student mental health issues. The CTC should also possess skills in questioning with an analytical mindset, the ability to relate well with others, experience in how to collect and evaluate information from multiple sources, discretion and understanding of confidentiality, understanding of state and federal confidentiality laws, and be fair and trustworthy.

CARE Team

A Campus Awareness Response and Evaluation Team (CARE team) shall be appointed by the Campus Director to conduct secondary threat assessments when the CTC has determined that a moderate or higher threat exists as defined by the Threat Assessment Guidelines and, if necessary, make recommendations about the appropriate course of action to the Campus Director. The primary functions of the CARE Team are the assessment of the risk of violence posed by a student at a given time and the development of recommendations to manage the risk that he/she may present to the campus community and/or themselves.

A standing CARE Team shall be appointed by the Campus Director to include the CARE Team Coordinator (CTC), the campus Chief Constable (CC), the Dean of Student Affairs or a designated Student Affairs counselor, the campus ADA Coordinator, a faculty member, and such others as may be designated by the Campus Director. All members of the CARE team shall participate in College designated training.

Campus Awareness Response and Evaluation Process and Protocol

Members of the college community are encouraged to report any behaviors that raise concerns regarding an individual's propensity to harm oneself or others to the campus CTC or CC. The conduct giving rise to the concern need not be witnessed by the individual making the report. Faculty and staff who receive reports of threatening conduct shall notify the CTC or CC.

If an incident occurs that results in physical harm to an individual, damage to property, involves the possession of a weapon, or poses an imminent danger to person or property, employees should remove themselves and students from the immediate danger and immediately contact Public Safety or call 911 in accordance with the Delaware Tech Violence Free policy.
The CTC will conduct a preliminary inquiry to determine the level of risk to campus safety. Upon request of the CTC, the CC will assist with this initial inquiry. The CTC will report the initial results and recommendations of the inquiry to the Dean of Student Affairs or his or her designee for review and approval. This inquiry will begin within one business day of initial notification and every effort will be made to complete the inquiry within three business days. In the event that the TAC determines that it is necessary to protect the safety of an individual (s) or the campus community, the TAC is authorized to ask the student to leave campus or have them removed by Public Safety or local law enforcement. In the event that the inquiry determines that an individual poses an elevated or higher risk to the safety of an individual (s) or the campus community, Dean of Student Affairs is authorized to suspend the student from classes and college activities pending the outcome of the CARE Team inquiry. The Dean of Student Affairs shall inform the Campus Director of the results of the initial inquiry.
If it is determined through the initial inquiry that a moderate or higher level threat risk may exist, the CTC will activate the CARE Team. The CARE Team shall endeavor to meet within three (3) business days to conduct such additional threat assessment as determined to be necessary and recommend an appropriate course of action including the development and implementation of crisis management and intervention protocols. The CTC shall report the CARE Team’s findings and recommendations to the Campus Director or his or her designee within one (1) business day after development thereof for the Campus Director’s review and approval. A copy of the findings and recommendations shall also be forwarded to the College’s Chief Legal Counsel.
In situations where an individual is found to be in violation of either the College’s Violence Free Policy or the College’s Policy Prohibiting Deadly Weapons and Dangerous Instruments, the CTC will initiate the threat assessment process as set forth above.

Further, individuals who have been charged with a criminal offense that raises a concern for individual and/or campus safety may be subject to a threat assessment inquiry as a condition of commencing, resuming or continuing participation in College sponsored activities. This shall apply regardless of whether or not the alleged offense occurred on campus, off campus or at a College sponsored activity.

Threat Assessment Recommendations and Consequences

If at any point a student refuses to fully cooperate with the threat assessment inquiry process, he/she shall be subject to immediate involuntary withdrawal from all College activities. This will create a hold on the student’s account, thereby preventing them from registering at another campus until all conditions for reinstatement are met.

The CARE Team may recommend to the Campus Director for approval that a student be required to have a mental health evaluation by a licensed mental health professional, at his/her own expense, and to provide a report to the CARE Team. The CARE Team may rely upon the evaluation provided by the student’s mental health practitioner or may require the student to undergo an evaluation by a mental health professional selected by the CTC in its sole discretion, which shall be at the expense of the College.

A decision regarding whether or not the student will be permitted to return to College activities will be made by the Campus Director following reports and recommendations of the CARE Team. Students who have been suspended from campus as a result of a CARE Team inquiry may apply to return to campus by submitting the required documents, which may include a mandated assessment, to the CTC. Upon receipt of assessment results, the CTC will reconvene the CARE Team to review the student’s request. After reviewing the assessment results and any other available information, the CARE Team will make a recommendation to the Campus Director regarding the student’s return to campus.

Recommendations for allowing the student to return to campus may include, but are not limited to, the following stipulations:

Behavioral Contract with the student which will be monitored by the Dean of Student Affairs or his/her designee, which may include the CTC.
Referrals to appropriate resources including the Campus ADA Coordinator and/or community based mental health and medical services.
Increased support from the student’s advising team.
Restrictions to the student’s schedule pertaining to limited access to campus facilities and events, credit limits, and/or limited interaction with specified members of the campus community.

In the event that the required mandated assessment indicates that the student poses an ongoing threat to campus safety that cannot reasonably be managed, then the Care Team shall recommend the student not be permitted to return to campus. The student may apply to return to campus contingent upon a follow up assessment.

Confidentiality

Confidentiality of all reports and of student and staff information will be preserved to the greatest extent possible, understanding that the College has an obligation to conduct an inquiry and, in appropriate cases, to share information to protect the safety of the campus community and others. All members of the campus community involved in an inquiry are also expected to maintain confidentiality, understanding that they may impair the inquiry by divulging information to persons outside of the process. All inquiries and reporting of findings will be conducted in compliance with state and federal confidentiality laws.

FERPA

Individuals who serve on the CARE Team shall be considered school officials with a legitimate educational interest in accessing a student’s educational records in connection with a threat assessment inquiry. All faculty and staff shall fully and promptly cooperate with a threat assessment inquiry and shall provide any information requested by members of the CARE Team, including educational records and/or information derived there from without the prior consent of the student. All documents, summaries or reports created or compiled in connection with a threat assessment inquiry shall be law enforcement records maintained by the Campus Public Safety Office.

Non-Retaliation and False Claims

Delaware Technical & Community College prohibits retaliation against persons who in good faith report direct or indirect threats or acts of violence, intimidation or harassment or concern for campus safety or an individual’s safety or who cooperate in an inquiry. The College also prohibits the filing of false reports and knowingly providing false or misleading information in an investigation. Disciplinary action will result from either of these acts in violation of this policy.

Other College Policies

This policy is one component of a comprehensive approach toward maintaining a safe campus community. Therefore this policy is intended to supplement and not to replace existing College policies regarding student discipline and behavior, such as the Violence Free Policy, the Policy Prohibiting Deadly Weapons and Dangerous Instruments and the Standards of Student Conduct. It is expected that actions or behaviors prohibited by those policies will be addressed in compliance with the procedures set forth therein.

Policy Prohibiting Deadly Weapons And Dangerous Instruments Or Devices

Policy Statement
The Board of Trustees of Delaware Technical Community College, through its president, administration, faculty and staff, is committed to providing a safe, violence-free environment. In furtherance of its opposition to violence in the College environment, it adopts this Delaware Technical Community College Policy Prohibiting Deadly Weapons and Dangerous Instruments or Devices.

Scope
This Policy applies to the possession or use of any prohibited weapon, dangerous instrument or device and to any prohibited conduct (see Violence-Free College Policy) on any property owned, leased, or otherwise controlled by the College or in any place where College students or employees are engaged in College-related activity or College-sponsored activity ("College Property"). This policy also applies to any College employee or student (including persons participating in any activity sponsored by the College) and to visitors to the College (collectively the "College Community"). Subject to the exceptions listed below, this policy applies regardless of whether a person covered by the terms of the policy has a permit to carry a prohibited weapon or is otherwise authorized by law to possess, discharge or use a prohibited weapon, instrument or device.

Prohibitions
Subject to the exceptions outlined below, no member of the College Community shall, while on College Property, possess, use, attempt to use, or threaten to use a weapon, dangerous instrument, or device as defined below. Further, any violation of a federal, state, or local law or ordinance pertaining to the possession, use, attempt or threat to use a deadly weapon, dangerous instrument, or device, committed on College Property, shall constitute a violation of this Policy. Copies of Delaware and local law may be obtained from the Public Safety Office.

Delaware law defines dangerous instrument as: "any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray". "Chemical spray*" includes: mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store, or disperse such aerosol spray or such as gas or solid.

Delaware law defines a deadly weapon as: a firearm (any weapon from which a shot, projectile, or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded but does not include a BB gun (which is considered a "device" under this Policy) a knife of any sort (other than an ordinary pocket knife, i.e., a folding knife have a blade not more than 3 inches in length, carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any dangerous instrument as defined above, which is used, or attempted to be used, to cause death or serious physical injury.

In addition to dangerous instruments and deadly weapons, members of the College Community while on College Property are prohibited from possessing, using, attempting or threatening to use any of the following or similar devices: BB guns, pellet guns, paint ball guns, decorative or functional swords, machete air rifles, martial arts devices such as throwing stars, garrotes, fireworks, explosives or substances possessed and/or prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, chemical or biological agents possessed and/or used with the purpose of causing death, serious bodily injury or property damage or otherwise in violation of federal, state, or local law or ordinance.

This Policy is not intended to prohibit the possession or use of instruments or devices authorized for the pursuit of the mission of the College. Questions regarding the authorization of such instruments or devices should be directed to the Campus Director for use at a given Campus.

*Chemical sprays kept about the person for personal protection are not prohibited unless used offensively in a malicious or reckless manner.

Procedures

I. Reporting Procedures
Members of the College Community who encounter an armed or otherwise dangerous person should not challenge or attempt to disarm the individual. In such an event, a person confronted by such an individual should proceed as follows:
If possible,

Remove yourself from danger
Otherwise,
Remain calm
Maintain eye contact
Talk to the individual
Cooperate as much as feasible
Notify law enforcement authorities first and then the Public Safety Office as soon as possible

II. Enforcement Procedures
Possession or use of any prohibited weapon, dangerous instrument, or device will not be tolerated in the College environment. Any College employee or student who is determined to have committed an act prohibited by this Policy will be subject to disciplinary action, up to and including termination of employment or expulsion depending on the severity of the violation and may be reported to law enforcement authorities. Action shall be taken in all cases of a chargeable offense under the provisions of the applicable state law or comparable federal law; however, a conviction of the charged offense shall not be necessary to take action against the employee/student for a violation of this Policy. The employee/student against whom such action is taken shall be entitled to the benefits of the procedures identified in the College Personnel Policy or Student Code of Conduct/College Policy for Student Rights and Standards of Student Conduct. Persons not subject to the College Personnel Policy or Student Code of Conduct/College Policy for Student Rights and Standards of Student Conduct who are suspected of violating or determined to have violated this policy will be directed to leave the premises and may be reported to law enforcement authorities for criminal prosecution, as appropriate. Other legal remedies may also be invoked.

III. Exception Procedures
A member of any bona fide law enforcement agency present on College Property who is in compliance with any applicable departmental Policy pertaining to the possession of a weapon is excluded from the prohibitions contained in this Policy. In addition, the prohibitions contained in this policy do not apply to members of the College's Public Safety Department who have been authorized to carry a deadly weapon and/or dangerous instrument or device while in the course and scope of their employment with the College. (Amended Board of Trustees 04/09/2013)

Any member of the College Community who believes he or she has good cause to be excluded from the terms of this Policy may direct a request for an exception to the Campus Director for the campus at which an exception is desired, or to the College President for an exception pertaining to either the President's Office or a college-wide purpose. Exceptions may be granted in the sole discretion of the Campus Director to whom the request is directed or in the sole discretion of the College President when a request is made to the President. Exceptions may be granted in cases, including but not limited to, where an individual's personal safety is at substantial and identifiable risk, where an otherwise prohibited item is to be used for educational, scientific, professional, ceremonial or religious purposes, or in other circumstances where the purpose of this Policy would not be fostered through strict application. If an exception is granted, such exception will be identified in writing and include the terms, conditions, and duration of the exception. A copy of the document authorizing an exception to this Policy will be sent to the public safety office of an affected campus and to any other College official deemed appropriate under the circumstances at least 24 hours in advance of the effective date of the exception.

Amendment to the College Policy for Student Rights and Standards of Student Conduct Item 4 of Section II. "Standards of Student Conduct" Section of the College Policy for Student Responsibilities and Student Rights is hereby amended to include this policy as part of the prohibition against the use and/or possession of weapons or firearms.

Family Educational Rights And Privacy Act Of 1974, As Amended

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

The right to inspect and review the student's education records within 45 days of the day the College receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student's education records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.

A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. Some, but not all, of the exceptions are explained in this notice.

The College discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including campus public safety personnel and health staff, if any); a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as National Student Clearinghouse, an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. Upon request, the College also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.

FERPA also allows the College to disclose appropriately designated "directory information" without written consent, unless the student has advised the College to the contrary in accordance with the procedures set forth in this notice. The primary purpose of directory information is to allow the College to include this type of information from your education records in certain school publications. Examples include:

A playbill, showing a student's role in a drama production;
The annual yearbook;
Honor roll or other recognition lists;
Graduation programs; and
Sports activity sheets showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a student's prior written consent. If a student does not want the College to disclose directory information from the student's education records without prior written consent, the student must notify the Registrar of the campus in writing within 30 days of the issuance of this notice.

Delaware Technical Community College defines directory information as follows:
- Name
- Address
- College E-mail Address
- Field of Study
- Full- or Part-time Enrollment Status
- Dates of Attendance
- Degrees and Awards
- Honors (President's List, Dean's List, Academic Recognition, and Honor Societies)
- Participation in Officially Recognized Activities and
- Sports
- Date of Birth
- Most Recent Previous High School Attended
- Weight and Height of Athletes
- Photograph*
*Use of Student Photographs: Photographers employed or contracted by the College regularly take photographs of students to illustrate or describe various aspects of the College and campus life. These photographs will be taken at public venues such as athletic events, concerts and graduation, and/or in other organized campus photo shoots where the subjects will have given verbal consent to be photographed. Individuals who are photographed while attending a public event or who verbally agree to participate in a photo shoot will be understood to have authorized Delaware Technical Community College to use their likeness in print and electronic materials to promote the College. The College will retain the usage rights to the photographs in perpetuity.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

Consensual Relationships

Delaware Technical Community College acknowledges its responsibility to provide clear direction to the College community about the professional risks associated with consensual amorous and/or sexual relationships in which a definite power differential between the parties exists. Inasmuch as the College is committed to fostering the development of learning and work environments characterized by professional and ethical behavior and free of discriminatory behavior, consenting amorous and/or sexual relationships between instructor and student or supervisor and employee are discouraged. The College recognizes that it cannot regulate such personal decisions, but views them as reason for concern because of the possibility of abuse of power and conflict of interest that may arise in connection with consensual amorous and/or sexual relationships.

Tobacco-free Policy

In order to ensure a safe, healthy environment, all Delaware Tech facilities are tobacco free for employees, students, and visitors effective January 1, 2011. The use of all tobacco products is prohibited within the boundaries of all College locations including all buildings, facilities, indoor and outdoor spaces and grounds owned, rented, operated, and/or licensed by the College. This policy applies to parking lots, walkways, sidewalks, sports venues, State vehicles and private vehicles parked or operated on College property. For the purposes of this policy, tobacco is defined as any type of tobacco product including, but not limited to: cigarettes, cigars, cigarillos, electronic cigarettes, pipes, bidis, hookahs, smokeless or spit tobacco or snuff.

Enforcement of this policy is intended to be educational, but repeat violators will be referred to the Dean of Student Affairs for disciplinary action as outlined in the Student Code of Conduct/College Policy for Student Rights & Student Responsibilities.

Cell Phone And Electronic Device Policy

This policy is implemented in order to maintain a productive, safe learning environment and applies to both incoming and outgoing cellular calls.

Cell phones and electronic devices shall be turned off or set to silent or vibrate mode during classes, conferences, and in other campus locations where their use would cause a distraction to the learning environment.

Cell phone and electronic device use is prohibited during all testing and assessment activities.

The College strictly prohibits the use of camera phones and other recording devices in any manner which violates or compromises norms of personal conduct or the expectation of privacy that individuals have a reasonable right to expect.

Violence-free College Policy

Policy Statement

The Board of Trustees of Delaware Technical Community College, through its President, Administration, Faculty and Staff, is committed to providing a safe, violence-free environment for the College Community. In furtherance of its opposition to violence in the College environment, it adopts this Delaware Technical Community College Violence-Free College Policy.

Prohibited Conduct

No type of violence will be tolerated on College property or in any place where College students or employees are engaged in College-related activity or in connection with any College-sponsored activity. College employees, students (including persons participating in any activity sponsored by the College) and visitors to the College (the "College Community") are directed not to engage in threatening or violent conduct or activities.

The conduct described below constitutes actions that are expressly prohibited on College property or in connection with College-sponsored activities. The list of prohibited activities is designed to provide examples and is not exclusive of other conduct that may constitute a violation of this Policy:

Causing or threatening to cause physical injury to another person
Making threatening, abusive or harassing remarks
Disorderly, aggressive or hostile behavior that creates a reasonable fear in another of injury or subjects another person to emotional distress; such conduct may include shouting, throwing or pushing objects, punching walls or slamming doors
Intentionally causing damage to College property or to the property of an employee, student or visitor to the College while on College property or in connection with a College-sponsored activity
Possession of a weapon or dangerous instrument or engaging in any other conduct in violation of the College Policy Prohibiting the Possession of Deadly Weapons, Dangerous Instruments or Devices
Committing violent or hostile acts motivated by, or related to, race, age, color, national origin, sexual orientation, sex, disability, marital status, sexual harassment or domestic relationships.

Procedures

I. Reporting Procedures

A. Immediate Threat Procedures

Members of the College Community who encounter an armed or otherwise dangerous person should not challenge or attempt to disarm the individual. In such an event, a person confronted by such an individual should proceed as follows:

If possible,

Remove yourself from danger

Otherwise,

Remain calm
Maintain eye contact
Talk to the individual
Cooperate as much as feasible
Notify law enforcement authorities first and then the Public Safety Office as soon as possible.

B. Potentially Dangerous Threat Procedures

Any potentially dangerous situation of which a member of the College Community becomes aware should immediately be reported to a Public Safety Office. If warranted, the Public Safety Office shall report the violation to the appropriate police authority and will also notify a Dean of Student Affairs (student violation) or a Human Resource Officer (employee violation), as applicable. The Dean of Student Affairs and/or the Human Resource Officer will inform the Campus Director of all reported incidents. Initial reports may be made anonymously to the Public Safety Office. All reported incidents will be investigated. Reports or incidents requiring confidentiality will be handled with due regard to privacy interests, and information will only be disclosed to others on a "need to know" basis. To the greatest extent feasible, the results of an investigation into a reported and or investigated incident will be provided to and discussed with all parties involved in such incidents. In compliance with the Delaware Technical Community College Crisis Management Policy, College officials will actively intervene at any indication of a possibly hostile or violent situation.

While it is not expected that members of the College Community be skilled at identifying potentially dangerous persons, it is expected that, through the exercise of good judgment, persons observing behavior that could signal a potentially dangerous situation or evidence a potentially violent person will report such an observation to the Public Safety Office. The Public Safety Office must notify a Dean of Student Affairs (student) or a Human Resource Officer (employee) of all reports.

In addition to the conduct identified in this Policy as prohibited conduct, potentially dangerous behavior or warning signs of a potentially violent person may include:

discussion of weapons or bringing weapons onto College property or property used for College-sponsored activities;
displaying overt signs of extreme stress, resentment, hostility, paranoia or anger;
intimidating, belligerent, harassing, bullying or threatening conduct;
sudden or significant deterioration in performance; displaying irrational or disproportionately inappropriate behavior.

All members of the College Community are responsible for notifying the Public Safety Office of any threats, witnessed or received. Even if no actual threat has been made, members of the College Community should report any conduct witnessed which, in the exercise of reasonable judgment, appears threatening or violent, when the behavior is connected to or may be carried out in the College environment.

C. Domestic Violence Procedures

Domestic violence is a serious threat to affected individuals and the place where such individuals work or are engaged in other activities.

Members of the College Community who obtain a protective or restraining order that lists College or College-related property as an area to be protected by such order are asked to provide the relevant Public Safety Office with a copy of the order.

Employees may obtain information concerning services related to domestic violence from the Delaware State Personnel Offices and the College's Human Resource Offices. Students and employees may obtain information from the College's Counseling Offices.

II. Enforcement Procedures

Threats, threatening conduct, or any acts of aggression or violence will not be tolerated in the College environment. Any College employee or student who is determined to have committed an act prohibited by this Policy will be subject to disciplinary action, up to and including termination of employment or expulsion and may be reported to law enforcement authorities. Disciplinary action shall be taken in cases of chargeable offenses under the provisions of applicable state law or comparable federal law; however, a conviction of the charged offense shall not be necessary to take action against the employee/student for violation of this Policy. The employee/student against whom such action is taken shall be entitled to the benefits of the procedures identified in the College Personnel Policy or Student Code of Conduct/College Policy for Student Rights & Student Responsibilities. Persons not subject to the College Personnel Policy or Student Code of Conduct/College Policy for Student Rights and Student Responsibilities who violate this Policy will be directed to leave the premises and may be reported to law enforcement authorities for criminal prosecution. Other legal remedies may also be invoked.
(Added Board of Trustees 9/17/03 )

Acceptable Use Of Electronic Networks Policy

This policy applies to all users of the College computing and electronic networks resources, whether affiliated with the College or not, and to all uses of the system, on the campuses or from remote locations. By using the computing resources of the College users consent to use such resources in accordance with and subject to this Acceptable Use of Electronic Networks Policy (Policy).

Access to and use of the Delaware Technical Community College computing and electronic networks resources are privileges granted to students, staff, faculty and members of the College community for academic, research, operational and administrative purposes. Electronic networks are comprised of computing facilities, equipment, systems and personnel. Use of these resources includes accessing list servs, World Wide Web pages, electronic mail, application software, and any other electronic communication. Use of the Delaware Tech computer and electronic networks is a privilege and all members of the College community who utilize these resources are expected to do so in an efficient, effective, appropriate, ethical, and legal manner that supports the mission of the institution

Failure to adhere to this Policy, applicable State, local government and Federal laws and regulations, other College Board of Trustees policies and related administrative procedures may result in suspension or revocation of network privileges. Willful or intentional misuse could result in disciplinary action or criminal prosecution under applicable state and federal statutes. Additional policies and procedures may apply to specific computers or computer systems at the various College property locations. Delaware Tech will not provide a legal defense for any illegal use of its electronic facilities, equipment, or software, or any activities found to constitute violations of this Policy

Users who violate this policy may be subject suspension and/or revocation of network privileges, to disciplinary action, up to and including dismissal, for staff and faculty, as outlined in the College Personnel Policy Manual and for students, the Student Rights and Responsibilities Policy outlined in the College Catalog and may be subject to criminal prosecution.

All users of the College electronic networks must:

Comply with all federal, state, and other applicable laws; all applicable Delaware Technical Community College policies and procedures; and all applicable contracts and licenses. These laws, policies, and licenses include, but are not limited to, the areas of libel, copyright, privacy, obscenity, and child pornography; the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, which prohibit unauthorized "hacking", "cracking", and other similar acts The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT) which authorizes electronic eavesdropping; the College Personnel Policy Manual, which includes the College's Policy Statement on Sexual Harassment and Conduct and Corrective Action; the College's Student Rights and Responsibilities policy, the State of Delaware Acceptable Use Policy; and all applicable computer contracts and software licenses, which prohibit the distribution of "warez" (copyrighted software).
Utilize only those electronic resources authorized by the College and use those resources in the manner and to the extent of that authorization. All accounts assigned to users are non-transferable. All accounts and passwords must be kept confidential and may not be released to or shared with any other party other than those authorized by the College. A user's ability to access College networks, resources, and accounts do not imply authorization to do so. It is the responsibility of users to secure all necessary and proper authorizations before proceeding on College systems.
Refrain from using College resources for any commercial activities or for personal financial purposes. These restrictions include, but are not limited to, conducting a business enterprise from the system, sending commercial advertising messages, or solicitations for non-College related organizations from the system.
Utilize all electronic and computing resources efficiently. The College reserves the right to monitor usage and content, restrict and/or prohibit excessive non-academic or non-work related use of the network for downloading or transferring files or to impose or to apply other limitations or restrictions on computing resources such as time limits, storage space or amount of particular resources consumed by users to ensure legal and effective administration of the systems and fair access for all users.
Refrain from stating or implying that they speak on behalf of or represent Delaware Technical Community College without proper authorization to do so. This prohibition includes use of the College logo in computer communications. Use of College computing and electronic networks and affiliation with College programs does not imply authorization to represent the College to outside organizations. Use of the official College logo or seal on College electronic resources may only be authorized, in advance, by the Vice President and Campus Director at the campuses and by the President for the Office of the President or when applicable to college-wide projects.

Electronic mail and other Network Activity (Use of the Internet) - Delaware Technical Community College utilizes numerous measures to maintain the integrity, security, and effective operations of its electronic mail systems. Users are advised, however, that in light of both these efforts and the College's intent to limit network use to the purposes stated in this Policy, the e-mail systems and network usage in general should in no way be regarded as a secure or private medium for the communication of confidential or sensitive information. Due to the nature of electronic communication, system users may not expect individual communications or activities on the College system nor the confidentiality of specific messages that may be created, sent, received, or stored in the system to be or remain private.

In addition, all users are advised that, while the College does not routinely monitor individual usage of computing resources, it reserves the right to monitor activity when: 1) the maintenance and standard operations of the system require the backup of data and communications, the logging of system activity, monitoring of general usage patterns, and 2) in circumstances where the College has reason to believe that network usage may be in violation of this Policy and other procedures required in the administration of the system. In addition, the College may also monitor the activity and accounts of specific users when: it appears to systems administrators necessary to do so to protect the security, integrity, and effectiveness of the systems; it is deemed necessary to protect the College from civil or criminal liability; there is reasonable cause to believe that violations of the College Electronic Networks Policy (including violations of State, local or federal law or applicable College policy) has occurred; an account displays an unusual amount of activity as indicated from general systems monitoring or specific usage patterns; or, it is permitted or required by law.

The College, when it deems necessary or proper may disclose the results of such monitoring activities to an appropriate College administrator or law enforcement agency and may use this information in relevant disciplinary proceedings. In addition, electronic mail may qualify in certain circumstances as a public record subject to public disclosure under applicable laws, including all Freedom of Information statutes.

Only College administrators, faculty, staff, students, and other individuals, who have received permission under the appropriate systems administrator, are authorized users of the College electronic mail system or network. All authorized users must identify themselves accurately and clearly in communications. Concealing or misrepresenting one's identity or using the identity of another user or individual on the College system is prohibited and considered a violation of this policy.

The use of any College network resources must be related to College business. Incidental and occasional personal use of the network including the use of electronic mail may occur when such use does not create an unreasonable direct cost to the College and is not inconsistent or interfere with the user's primary function as student, staff, faculty or administrator. Such incidental and occasional communications are subject to the provisions of this policy.

Delaware Tech employees will not retain access to their College email account and address once they have separated from the College. Exceptions may be approved by the President of the College. Employees who separated from the College prior to April 12, 2022 are grandfathered and will be allowed to retain their email account and address until December 31, 2023, at which point they will be deactivated. (Board of Trustees, April 12, 2022)

Prohibited uses of the Delaware Tech electronic mail and network system include, but are not limited to, the following activities:

a) using foul, profane, obscene, offensive or defamatory language;
b) sending copies of documents or using materials in violation of copyright laws;
c) using the system to harass, intimidate, or interfere with the employment duties or learning process of others;
d) attempting unauthorized access to the email system, attempting to breach security measures on any external email system, or attempting to intercept electronic mail communications;
e) attempting to access, disrupt, or destroy the College's or other computer systems or files malicious code attacks or other means;
f) using the system for personal financial gain, outside commercial venture, or illegal activity or for any activity that violates a State, local or federal law or regulation or constitutes a violation of this Policy or an other College policy;
g) forwarding chain letters and sending mass electronic mailings or using the system for open mail relay; individual users may request prior permission from the systems administrator to send electronic mailings to more than 100 recipients on a case by case basis.
h) excessive non-academic or non-work related use of the network for downloading, sharing or transferring large files.

The individual systems administrators at the campuses and in the Office of the President will investigate and document apparent or alleged violations of the College Acceptable Use of Electronics Networks Policy. The systems administrators may temporarily suspend a user's access to the system pending the outcome of an investigation of misuse. Identified cases of alleged abuse of any system will be referred to the user's Dean or Director, who will consult with the campus Director of Human Resources regarding appropriate action and immediately notify the Vice President and Campus Director of the alleged violation. For alleged violations in the Office of the President, the administrator will consult with the Chief Legal Counsel for appropriate action and who will also notify the President. In the event the case involves a student, the matter will be referred to the campus Dean of Student Affairs for further investigation, appropriate action, and who will immediately notify the Vice President and Campus Director

Deactivating technology services for students outside of the readmit window for Credit and Non-Credit Students

In accordance with the College’s readmission policy,

After four (4) consecutive semesters with no registration activity, student accounts would be deactivated, and all email, network, Google Drive and MS 365 data would be purged. Data within the Student Information System (SIS), learning management system (D2L), and early alert systems is retained.
Deactivated student accounts will need to reapply to the College.

Admitted Students’ accounts that have not registered for the semester they applied for will be deleted if they do not register by part of term 3 for Fall and Spring or by part of term 4 for Summer.

The following definitions shall apply to this policy:

a. Prospective Student- a student who has submitted an application but has not yet been accepted by the College.
b. Admitted Student – a student whose application has been accepted by the College.
c. Active Student – a student who has registered for a course.
d. Graduate/Alumni - a student who has completed a certificate, diploma or degree.

Provisioning Table of Student Information Technology Systems and Services

System/Service	Prospective	Admitted Student	Active Student
Portal (MyDTCC) - Full	No	No	Yes
Portal (MyDTCC) - Announcements	No	Yes	Yes
LMS (D2L)	No	No	Yes
SIS	No	Yes	Yes
Early alert system	No	Yes	Yes
Electronic forms	No	Yes	Yes
Email	No	Yes	Yes
MS 365	No	No	Yes
Google Drive/Calendar	No	No	Yes

Note: Only non-credit students that are enrolled in a course/activity that uses the LMS (D2L) will be given an email account and LMS access. All other students will not have an account generated.

For the purpose of enforcing this policy, the "systems administrators" are: the Chief Technology Officer, or their official designees.

Any questions regarding this policy should be directed to: the Chief Technology Office or the Chief Legal Counsel. (Added Board of Trustees 9/19/1998; Amended Board of Trustees, 4/16/2002, 4/12/2005 and 1/16/24)

Student Right-to-know & Campus Security Act

The Student Right-To-Know and Campus Security Act (PL 101-542), requires the College to disclose and report program completion and graduation rates, and to maintain campus security policies and campus crime information. Delaware Technical Community College monitors regularly the success of its students. Students should check with the campus Dean of Student Affairs Office for graduation rates for first-time, full-time students. Copies of the Annual Report and Security Policy and Procedures may be obtained from the Dean of Student Affairs Office or the Security Office.

Campus Security
Delaware Technical Community College is concerned about the safety and welfare of its students, faculty and staff, and seeks to provide a safe and secure environment. The College has developed a series of policies and procedures that are designed to help protect persons while they are on campus. Copies of the policies are available from Student Affairs or Public Safety.

Delaware Technical Community College is fortunate to have a very low crime rate on campus. To maintain our good record, students are encouraged to stay alert and whenever possible travel in pairs. Always lock cars and bikes. Never leave personal property unattended. Please report incidents immediately to Public Safety or switchboard operator, who will contact the appropriate personnel. Persons committing criminal offenses on campus or at College functions will be prosecuted.

All college personnel assist in promoting campus security. The Public Safety Department facilitates safety and security matters. Public Safety officers are on campus during classes and may be available for escorting students to cars at the end of classes. Students requiring an escort should contact the Public Safety office or evening switchboard operator.

Persons who violate laws or who commit criminal offenses on campus will be prosecuted.

Notice Of Availability Of Annual Security Report

Delaware Technical Community College maintains an annual security report as required by the Clery Act. The College's annual Clery Act report contains information on campus security and personal safety, including crime prevention, the law enforcement authority of College public safety officers, crime reporting policies, certain specific College policies, and other important matters about security on campus. The report also contains statistics for the three previous calendar years on crimes that were reported to have occurred on campus, in certain off-campus buildings or property owned or controlled by the College, and on public property within or immediately adjacent to and accessible from the campus.

The College's annual Clery Act report is available on the Delaware Tech campus crime statistics (Clery Annual Report) website. A printed report may also be obtained free of charge from the Office of Public Safety at each campus upon your request.

Collegewide Diversity Statement

Diversity is the means by which individuals demonstrate uniqueness, freedom and equality. By fostering diversity, Delaware Technical Community College promotes a learning environment where students, employees and the community embrace their values for their differences. The administration, faculty and staff are committed to creating positive learning opportunities that encourage students to achieve by using traditional and innovative teaching methods. The College encourages its employees to serve as role models and mentors. Delaware Tech provides its students with an intellectually and socially stimulating environment which empowers them to contribute successfully to a multicultural and global society. Diversity is a concept which stresses respect for all human differences. It encompasses all aspects of college life and cultivates a mutual understanding and respect for gender and race, as well as the ethnic, cultural, religious and other differences, which enrich the environment where individuals teach, learn and work.

Policy Regarding Communicable Diseases

Concern for the health and welfare of students and employees prompted the Board of Trustees and the administration of Delaware Technical Community College to establish a policy with regard to communicable diseases. Such diseases vary in their ease of transmission to others. AIDS and milder immune deficiency syndromes associated with the human immunodeficiency virus (HIV) are transmitted through intimate sexual conduct or blood contact. Students or employees with AIDS or HIV should not present a health risk to others in the College community when proper precautions are taken. Other communicable diseases, such as hepatitis B, are more infectious and may pose a more immediate health risk.

In light of this concern, the Board of Trustees of Delaware Technical Community College adopts the following policy:

Students and employees with communicable diseases should inform the College administration (Vice President and Campus Director's Office for the Campuses, President's Office for Office of the President). This information shall be handled in strict confidence. Those students or employees with positive test results for AIDS or HIV are not required to so inform the College administration.
Continued presence in the College setting by students or employees with communicable diseases shall be determined by the Vice President and Campus Director (President for Office of the resident) on a case-by-case basis. Such decisions shall be based on medical opinion regarding the condition of the student or employee with the communicable disease. Recommendations may be sought from the physician treating the student or employee, from the State Division of Public Health, or from an ad hoc advisory panel of physicians and/or health-care professionals convened for this purpose, as well as from other medical professionals. The College may require the student or employee to submit to periodic review of the individual's medical status as a condition of continued attendance or employment.
If necessary, an official withdrawal for medical reasons may be provided to students with communicable diseases, AIDS, or HIV.
Students and employees shall be encouraged to utilize educational programs, such as publications or classes regarding communicable diseases, AIDS, and HIV. The Vice President and Campus Director (President for Office of the President) shall appoint an individual or a committee to carry out this responsibility.
Routine and standard procedures shall be established for the handling of blood and other body fluids by the safety coordinator and implemented by the campuses and the Office of the President. Additional safety procedures shall be established and implemented by a committee comprised of the Department Chairpersons of each health-related program where students and staff handle blood and body fluids.

Hazardous Chemical Information Act

The Delaware General Assembly passed the Hazardous Chemical Information Act, more commonly known as the Right-to-Know Law, in June 1984. The law is intended to provide employees with access to information regarding hazardous chemicals to which they may be exposed in the workplace. The law also required access to the same information for emergency service organizations whose members may become exposed to chemical hazards during emergency situations.

All students enrolled in courses that require handling of chemicals and hazardous materials are required by law to sign their names certifying that they have received training relative to these materials. The law states that this training is required a minimum of once a year. Additional information may be provided by your instructor.

Immunization Policy

Delaware Tech does not require health vaccinations for admission to the College. However, some majors, such as allied health and nursing, may require students to provide proof of immunizations prior to participating in program classes and/or clinicals.

Non-students On Campus

In order to maintain orderly operations and the safety of the campus community, only registered Delaware Tech students, support staff and other individuals approved by the College, and those who have applied to audit a course (listener status) are authorized to attend class. Non-students are permitted in public areas of the College only.

The College is only responsible for the health, safety, or welfare of minors who are enrolled in a College program or activity. All other minors must be under the direct supervision of a parent or guardian at all times while on campus.

External Organizations On Campus

Soliciting is not permitted on campus. Military, employers, connected degree partners, and agencies providing services to support students may request space on campus to share opportunities and information that may be of interest to students. These visits may be restricted to designated events/limited dates.

To request approval for a visit, the organization must contact the dean of student affairs or his/her designee. The requesting organization must provide a description of the organization and the nature of the visit. The dean of student affairs will then forward the request to the vice president and campus director with a recommendation for the use.

If approved, the College will permit the organization to use the College’s facilities and designate a space on campus where the visitor can interact with students.

At no time shall these visits materially disrupt the College’s learning environment, interfere with instructional programs, impede the normal operation of the College, or infringe upon the right of students or employees to learn or work in a safe environment.

In accordance with the College’s Statement of Nondiscrimination Policy, decisions to approve or not approve these visits, or decisions pertaining to the terms, conditions or location of a space shall be made in a nondiscriminatory and impartial manner, and shall not be based on religious affiliation, non-affiliation, or belief or for any other reason related to the viewpoint of any person, entity, or organization seeking to use College facilities. Notwithstanding the foregoing, the College reserves the right to impose reasonable, content-neutral restrictions on the time, place and manner of any College facility use. Any such restriction shall be approved by the College’s Chief Legal Counsel.