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2015
Annual Security and Safety Report
Crime Security Awareness, Safety and Prevention
•	 Jeanne Cleary Disclosure of Campus Security Policy
•	 Campus Crime Statistics 2012-2014
•	 Safety Programs and Services - including sexual assault and sexual
violence
•	 Drug-Free Schools and Communities Act
•	 Violence Against Women Act
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Contents
Campus and Community Resources............................................................................................... 4
The Clery Act......................................................................................................................................... 5
Security Awareness and Crime Prevention.................................................................................. 10
Drug and Alcohol Policies.................................................................................................................17
Sexual Violence and Sexual Harassment Programs, Reporting Procedures........................ 21
Discrimination and Harassment...................................................................................................... 31
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A Message from the Del Mar College Clery Compliance Committee
We are pleased to distribute the 2015 Annual Security and Safety Report (ASR) for Del Mar
College. The ASR is to be prepared annually to be in compliance with the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and
subsequent amendments specified in the Higher Education Opportunity Act (HEOA) and the
reauthorization of the Violence Against Women Act (VAWA).
The ASR was prepared by the DMC Compliance Committee which consists of members from
the DMC Security Office, Environmental Health-Safety and Risk Management Office, the Dean
of Student Engagement and Retention, and the Associate Vice-President of Student Affairs. The
ASR is an overall guide for many safety and security policies at DMC and can serve as a guide
regarding education and prevention programs in which all community members are invited to
attend. The ASR also provides crime statistics for the 2012-2014 calendar years for your review.
The safety and well-being of our students, staff, faculty and visitors are of the utmost
importance and are continually at the forefront of what we do on a daily basis. Del Mar College
consistently works to reduce the risk and potential for crime and other hazardous situations.
However, despite our best efforts, crimes and hazardous situations may still occur. Safety and
Security is a shared responsibility, and we expect all DMC community members to contribute
to the safety and security of our campuses. We ask if you see something, anything which may
cause you to pause, contact DMC Security at 361-698-1946. Remember it’s always best to say
something if you see something.
If you have any questions or suggestions regarding this publication, please feel free to contact
the Chief of Security at 361-698-1641; DMC Environmental Health-Safety Risk Management at
361-698-1641, or the Dean of Student Engagement and Retention at 361-698-1277.
DMC Compliance Committee
Cheryl Sanders
Dean of Student Engagement and Retention
Kelly White
Director of Environmental Health-Safety, Risk Management
Dr. Rito Silva
Associate Vice-President of Student Affairs
Lauren White
Interim Chief of Security
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Campus Resources
Counseling Center.......................................................................................................................................361-698-1586
Harvin Student Center, East Campus, Room 233A
Dean of Student Engagement and Retention..................................................................................... 361-698-1277
Harvin Student Center, East Campus, Room 204
Title IX Coordinator
Services for Students – Cheryl Sanders................................................................................................... 361-698-1277
Services for Faculty and Staff – Jerry Henry.......................................................................................... 361-698-1088
Office of General Counsel........................................................................................................................ 361-698-1098
Environmental Health, Safety and Risk Management....................................................................... 361-698-1641
Maintenance Building, East Campus, Room 105
www.delmar.edu/safety
Financial Aid Services..................................................................................................................................361-698-1293
Harvin Student Center, East Campus, Room 262
www.delmar.edu/finaid
Disability Services Office............................................................................................................................361-698-1292
Harvin Student Center, East Campus, Room 188
www.delmar.edu/disability
Student Leadership and Campus Life....................................................................................................361-698-1279
Harvin Student Center, Room 105
www.delmar.edu/leadership_campus_life
Associate Vice President for Student Affairs Office.......................................................................... 361-698-2250
St. Clair Building, East Campus, Room 116C
www.delmar.edu/engage
Student Veterans Services.........................................................................................................................361-698-1250
Harvin Student Center, Room 270
www.delmar.edu/veteran
Campus Security
Emergency...................................................................................................................................................... 361-698-1199
Non-emergency............................................................................................................................................361-698-1946
Community Resources
City of Corpus Christi Police Department
Emergency..............................................................................................................................................................911
Non-Emergency...........................................................................................................................................361-886-2600
MHMR 24-Hour Crisis Line....................................................................................................................1-800-762-0157
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The Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery
Act) is a federal mandate requiring all institutions
of higher education that participate in the
federal student financial aid program to make
known crimes occurring on their campus and
in the surrounding community. The Clery Act is
enforced by the U.S. Department of Education,
and campuses that fail to comply are penalized
with hefty fines and may be suspended from
participating in federal financial aid programs.
The Clery Act was signed in 1990 and is named
after Jeanne Clery. She was a student who
was raped and murdered in a residence hall at
Lehigh University in 1986. Clery’s parents lobbied
Congress to enact the law so that parents,
students and faculty know about crimes on
campus.
Compliance with the Clery Act
The Clery Act requires Del Mar College (DMC) to
provide timely warnings of crimes that represent
a threat to the safety of students and employees.
The campus security policies are made available
to the public on the DMC website. The act
requires DMC to collect, report, and make the
Annual Security Report available to everyone
on campus as well as to the Department of
Education.
To be in full compliance DMC must do the
following:
1.	 Publish and distribute the Annual Security
Report to current students, prospective
students and employees by October 1 of each
year. The report must include crime statistics
for the past three years, campus policies about
safety and security measures, campus crime
prevention programs, and list procedures to
be followed in the investigation of alleged sex
offenses.
2.	 Provide students and employees with timely
warnings of crimes that represent a threat to
their safety.
3.	 DMC security must keep and make available a
crime log of all crimes reported to them in the
past 60 days.
In addition to the items above the Annual Security
Report addresses the Violence Against Women
Act (VAWA) amendments to the Clery Act. VAWA
expanded the rights afforded to campus survivors
of sexual assault, domestic violence, dating
violence and stalking.
The safety and security of all members of the
college community are paramount issues of
concern. The pages in the report contain detailed
information regarding: crime prevention, fire
safety, law enforcement authority, crime reporting
policies, disciplinary procedures and other areas
of security and safety on campus. This report
also contains information about campus crime
statistics. Members of the campus community
are encouraged to use this report as a guide for
safe practices on and off campus. The report is
available on the Internet at www.delmar.edu/
Disclosure.aspx. Every member of DMC receives
an email that describes the report and provides
its website address. For more information or to
request a paper copy of this report, contact the
Dean of Students Engagement and Retention at
361-698-1277.
Preparing the Annual Disclosure of Crime
Statistics
The college coordinates the collection and
reporting of crime statistics as specified in the
Jeanne Clery Disclosure of Campus Security
Policy and Crime Statistics Act (Clery Act). Each
year, the university notifies all enrolled students
and employees, via email, that they can view the
report at www.delmar.edu/Disclosure.aspx.
Prospective employees and students are notified
about the availability and location of the report
via the online employee and student application
process. This report is prepared in cooperation
with DMC security, the office of Environmental
Health Safety & Risk Management, local law
enforcement agencies and the Division of Student
Affairs. Each entity provides current information
The Clery Act
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about its Safety and Security Educational efforts
and Programs. Annually, DMC sends a written
request to Campus Security Authorities (CSAs)
requesting information about all Clery Crimes that
occurred on DMC’s Clery Geography that were
reported to them. DMC does allow individuals to
report crimes on a confidential, voluntary basis
for inclusion in the annual disclosure of crime
statistics.
Reports of criminal activity given to CSAs and
reports of crimes made to local law enforcement
agencies are collected and included in the Annual
Security Report as required by the Clery Act.
“Campus Security Authority” (CSA) means an
individual with responsibility for campus safety
and security. This includes campus security;
individuals who are responsible for monitoring
buildings or college grounds or with similar
security responsibilities who are not part of
campus security; individuals or organizations
specifically identified to receive reports of criminal
offenses; and college officials but not limited to
all deans, directors, department chairs, student
conduct, and advisors to student organizations.
Campus Security and Crime Awareness
Through the teamwork of the college and
campus community, DMC consistently strives to
be among the safest large community college
campuses in Texas. We work to achieve this
by developing a partnership with students,
administrators, faculty and staff. With a campus
population of more than 12,000, DMC campus
is a reflection of the communities it serves and is
not immune to societal problems.
Preventing or reducing crime in any community
is a tough task. Success in crime prevention
and safety at DMC depends largely on the
education and participation of the campus
community. The campus community is provided
information about safety programs and services,
but individuals should be advised that they are
responsible for their own security and safety.
Each year the college is responsible for publishing
this annual report concerning campus security
and crime statistics. The report provides
information for reporting crimes, important
college policies and procedures, law enforcement
and security on campus and support services for
victims of crimes.
It is the policy of DMC to provide an environment
conducive to an educational mission; thus
any conduct that is prohibited by state, federal
or local law is subject to discipline under the
provisions of policies stated in the Del Mar
College Policy Manual and Student Handbook
as appropriate. The college monitors and reports
to law enforcement agencies illegal conduct of
students, faculty or staff on college premises or
off-campus locations. In addition, college officials
may refer any evidence of illegal activities to the
proper local, state or federal authorities for review
and potential prosecution.
Campus Security and Police Authority
DMC has a contract with a licensed security
company to provide commissioned security
guards who provide services 24 hours a day, 7
days a week.
Law Enforcement Authority
DMC employs off-duty CCPD police officers who
are trained and certified under the guidelines of
the State of Texas. Officers are sworn with the
full powers of arrest and mandated to enforce
all applicable federal and state laws as well as
local ordinances. Reports of offenses occurring
on campus are generally investigated by the
off-duty CCPD officers, and forwarded to the
Corpus Christi Police Department for any follow-
up investigation. DMC also maintains formal
and informal liaisons with various local, state and
federal law enforcement agencies in support of
campus security and safety efforts.
Accurate and Timely Reporting of
Criminal Offenses
DMC community members are encouraged to
accurately and promptly report all crimes to DMC
Security and local police agencies. Reporting of
criminal offenses aids the college in informing
the community when necessary and assists in
the accurate reporting of crimes statistics. The
campus community is encouraged to report all
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crimes in a timely manner. Any alleged criminal
actions (including sex offenses) or emergencies
that occur on or off campus of the College can
be reported in any of the following ways:
For Emergencies
•	 Dial 911
•	 Emergencies include any crime in progress or
medical emergencies.
•	 DMC Security dial 361-698-1199 to report any
emergency to campus security.
Non-Emergencies
•	 Call DMC security at 361-698-1946
•	 Use a Code Blue telephone at locations
throughout the campus
•	 Request that any campus official assist with
reporting the alleged crime
•	 TTY callers: (800) RELAY TX
Timely Warnings
DMC provides timely warning to the campus
community when a crime is reported to have
occurred on DMC’s Clery Geography and is
considered to represent a serious or continuing
threat to students or employees.
The College will distribute timely warning
announcements when there appears to be a
threat to the safety and security of persons on
campus for the following crimes:
•	 Aggravated assault
•	 Arson
•	 Burglary
•	 Negligent manslaughter
•	 Motor vehicle theft
•	 Murder/Non – negligent manslaughter
•	 Robbery
•	 Sex offenses
•	 Domestic violence/ dating violence/ stalking
•	 Violations of liquor laws, drug law or weapons
possession law
•	 Any crimes where victim was based solely on
their race, gender, gender identity, religion,
disability, sexual orientation, ethnicity or
national origin
Decisions concerning whether to issue a timely
warning will be made on a case-by-case basis
using the following criteria:
•	 Nature of the crime
•	 Danger and continuing danger to the campus
•	 Risk of compromising law enforcement efforts
Criminal reports are considered on a case-by-
case basis, depending on the facts and the
information known by campus security. For
example, if an assault occurs between two
students who have a disagreement, there may
be no on-going threat to other DMC community
members and a timely warning may not be
distributed. In cases involving sexual assault,
they are often reported long after the incident
occurred, thus there is no ability to distribute
a “timely” warning notice to the community.
The DMC Chief of Security or designee reviews
all reports to determine if there is an on-going
threat to the community and if the distribution of
a timely warning is warranted. Timely warnings
may also be posted for other crime classifications
and locations, as deemed necessary. These
crimes are normally reported directly to campus
security. However, sometimes they are reported
to a local law enforcement agencies or Campus
Security Authorities (CSAs). Campus security has
requested CSAs notify campus security about
crimes reported to them that may require a timely
warning.
Timely warnings are primarily distributed through
the college’s email system but may also be
•	 Posted on campus bulletin boards or other
appropriate locations
•	 Sent to campus and local newspapers
Timely warning notices are usually written by
the Chief of Security, or designee and distributed
by College Relations. Warnings will contain
information about the nature of the threat
and allow members of the community to take
protective action.
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Emergency Response and Evacuation/
Closing Procedures on Campus
DMC regularly develops and updates plans
and procedures for emergency response
and evacuation for the campus community.
Emergency plans and procedures as well as a
variety of additional resources are available for
viewing at www.delmar.edu/Guide.aspx.
Possible emergencies that may occur include, but
are not limited to the following:
•	 Bomb threat
•	 Campus violence
•	 Civil unrest
•	 Explosion
•	 Fire (localized building fire or wildfire)
•	 Gas leak
•	 Hazardous material spill
•	 Public health crisis
•	 Severe weather
•	 Terrorist incident
Environmental Health, Safety and Risk
Management (EH&SRM) is responsible for
conducting tests of emergency response and
evacuation procedures on at least an annual basis
through a variety of drills and exercises designed
to assess and evaluate emergency plans and
capabilities. Emergency notification systems
are tested at least once annually. Exercises may
include tabletop, functional, full-scale or any
combination thereof. Tests may be announced
or unannounced in advance to the campus
community. Each test is documented, including
at a minimum a description of the test, the date
and time, and whether it was announced or
unannounced.
Various campus units, including EH&SRM and
security, utilize outreach programs to train and
educate the campus community, providing the
knowledge needed to respond appropriately to
various types of hazards.
Emergency Notification System
Upon confirmation of a significant emergency
or dangerous situation involving an immediate
threat to the life, safety or security of the campus
community occurring on campus, DMC will,
without delay -- and taking into account the
safety of the community -- determine the
content of emergency notification messages and
initiate the notification system. Unless issuing a
notification will, in the professional judgment of
the responsible authorities, compromise efforts
to assist a victim or contain, respond to, or
otherwise mitigate the emergency.
The following campus officials have been
designated to serve as authorized officials who
are empowered to approve the content and
issuance of emergency notifications:
•	 President or designee
•	 Provost
•	 Chief of Security or designee
•	 Associate Vice President for Student Affairs
•	 Director of Environmental Health, Safety and
Risk Management or designee
•	 Executive Director of Strategic
Communication and Government Relations or
designee
When an authorized official receives a report
of an imminent or already occurring situation
that poses an immediate threat to life, safety or
security on campus, they will confirm the report.
Depending on the situation, confirmation may be
achieved through one or more of the following
sources:
•	 Investigation by campus security, including
off-duty CCPD officers
•	 Investigation by other DMC campus unit,
including but not limited to the Director
of Environmental Health, Safety and Risk
Management, Dean of Students, Director of
Facilities
•	 Investigation by City of Corpus Christi Fire
Department and/or Police Department
•	 Nueces County Emergency Services and/or
Health Department
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•	 Texas Department of State Health Services
•	 Media reports originating from the incident
scene
The authorized official will determine, consulting
with other campus officials as appropriate, how
much information is appropriate to disseminate at
different points in time. This determination will be
based on the following:
•	 Nature of incident or threat
•	 Segment to be notified
•	 Location of the incident or threat
Depending on the circumstances, DMC may send
emergency notification messages to the entire
campus community or only a segment of the
population. If a confirmed emergency situation
appears likely to affect a limited segment of the
campus community, emergency notification
messages may be limited to that group. If the
potential exists for a very large segment of the
campus community to be affected by a situation
or when a situation threatens the operation of the
campus as a whole, then the entire campus will
be notified.
In any case, there will be a continuing assessment
of the situation and additional segments of
the campus community may be notified if the
situation warrants such action. The authorized
official will, considering the nature of the threat
and the population to be notified, choose the
appropriate communication tool(s) to utilize.
DMC has at its disposal a number of tools
that may be used to disseminate emergency
notifications to the campus community.
Emergency notification will typically be sent
through:
•	 DMC Alert (Powered by Rave Mobile Safety)
•	 Email
•	 Information posted on the DMC website and/
or social media
Additional notification methods may include:
•	 Fire alarms
•	 Public address systems
•	 Posted advisory messages
•	 Emergency responder announcements
The nature of the emergency will determine
the types and extent of the notification. The
authorized official will approve the issuance
of notification and contact College Relations
which will issue the notification message as soon
as possible. The authorized official will notify
administration.
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Security Awareness and Crime Prevention
Crime Prevention
Education and Prevention Programs 2014
Del Mar College provided the community with
programs that aid in promoting the prevention
of dating violence, domestic violence, sexual
assault, and stalking for all incoming students
and new employees and ongoing awareness
and prevention campaigns for students and
employees.
Policy Statement A9.1.8 Del Mar College
Educational Programs and Resources: In
addition to assisting students and employees with
complaints, the College continues to take steps
aimed at reducing or eliminating sexual violence
by offering or making available the following
resources and educational program to students
and employees:
1.	 Sexual Violence Awareness Prevention
Workshops/Trainings (including rape,
acquaintance rape, or other sex offenses,
forcible or non-forcible)
2.	 Bystander Training
3.	 Alcohol and Other Drug Abuse Prevention
Workshop/Trainings
4.	 Title IX Workshops/Trainings
Students and employees may also obtain written
information on the topics listed above, as well
as published crime statistics. Students have
the opportunity for on-campus confidential
counseling, and referral for treatment to off-
campus, community-based counseling services.
The college has developed an annual educational
campaign consisting of presentations that
include distribution of education materials to
new students; participating in and presenting
information and materials during new employee
orientation; The College offered the following
prevention and awareness programs in 2014:
1.	 New Student Orientation sessions on Title IX
and the Campus SaVE Act
2.	 Title IX and Campus SaVE Act Trainings for
Faculty and Staff
3.	 Student Heath 101 Interactive Digital Magazine
that provided a monthly feature addressing the
requirement of Title IX and the Campus SaVE
Act (Oct.-Profile of a bystander; Nov.-Profile
of a friend, Dec.-Guide to reporting sexual
assault)
4.	 Posters and Flyers displayed around campus
on Title IX and the Campus SaVE Act (What to
Do if you are Victim of Sexual Violence; Where
to Get Help if you are a Victim of Sexual
Violence; How to Help a Victim of Sexual
Violence)
5.	 Del Mar College Sexual Violence Brochure
(Facts and Resources on Sexual Assault,
Stalking, Dating Violence and Domestic
Violence)
6.	 Texas Association Against Sexual Assault
Brochures (Confronting Sexual Assault;
Strategies for Avoiding Sexual Assault; Stalking)
7.	 Foghorn (Student Newspaper) articles on Title
IX and the Campus SaVE Act
8.	 Title IX and Campus SaVE Act Trainings for
Faculty and Staff
Crime Stoppers
Anyone with information on criminal activity can
call (361) 888-TIPS (8477) and may receive a cash
award if the tip leads to the arrest and indictment
of the criminal offender. The cash award comes
from the Corpus Christi Crime Stoppers, a non-
profit organization. You may remain anonymous
when you report your crime tip. Students and
employees are urged to use this reporting option
when anonymity is a primary concern.
If an individual does not want to report a crime
to the police they may also report crimes to a
designated campus security authority (CSA).
These designated individuals have significant
responsibility for student and campus activities,
and as such are provided notice by DMC as to the
extent of their responsibility and how to report
crimes to DMC.
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An anonymous reporting system is available on
the DMC webpage for information about crimes
not in progress. The site can be reached at www.
delmar.edu/etips.
Security Services
Campus security is responsible for ensuring all
exterior doors at DMC facilities are secured after
hours.
Emergency Telephones
Emergency phones (Code Blue Phones) have
been placed at strategic locations on campus.
When the emergency button is pushed, the
location of the call is automatically identified and
the caller is connected to the campus security.
College Keys/Access
Physical Facilities is responsible for all points of
access and the means by which they operate.
DMC has an established policy and procedure for
the issuance of keys/access cards and documents
the faculty and staff who are issued keys/access
cards.
Electronic Alarm Security
DMC has a contract with an off-site monitoring
company for fire and security alarms.
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Clery Act Statistics - East Campus 2012-2014
				2012				2013				2014
		Non-				Non-				Non-
		 Campus	 Public			 Campus	Public			 Campus	Public	
PRIMARY CRIMES	 Campus	 Property	 Property	Total	 Campus	Property	Property	Total	 Campus	 Property	Property	Total
Murder	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Murder/Non-negligent
manslaughter	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Negligent manslaughter	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Fondling	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Incest	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Statutory Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Robbery	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Aggravated Assault	0	0	 0	0	 0	0	0	0	1	 0	0	1
Burglary	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Motor Vehicle Theft	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Arson	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	0	 0	0	 0	0	0	0	1	 0	0	1
ARRESTS
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 1	 0	 0	 1	 3	 0	 0	 3
Liquor Law Violations	 1	 0	 0	 1	 0	 0	 0	 0	 5	 0	 0	 5
Total	 1	 0	 0	1	 1	 0	 0	 1	 8	 0	 0	8
	
DISCIPLINARY ACTIONS	
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 1	 0	 0	 1	 0	 0	 0	 0	 0	 0	 0	 0
Total	 1	 0	 0	1	 0	0	0	0	0	 0	0	0
BIAS CRIMES	
Primary Crimes	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Larceny Theft	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Simple Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Intimidation	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Destruction/
Damage/Vandalism	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Other Bodily Injury	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
	
VAWA CRIMES	
Dating Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Domestic Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Stalking	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
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Clery Act Statistics - West Campus 2012-2014
				2012				2013				2014
		Non-				Non-				Non-
		 Campus	 Public			 Campus	Public			 Campus	Public	
PRIMARY CRIMES	 Campus	 Property	 Property	Total	 Campus	Property	Property	Total	 Campus	 Property	Property	Total
Murder	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Murder/Non-negligent
manslaughter	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Negligent manslaughter	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Fondling	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Incest	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Statutory Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Robbery	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Aggravated Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Burglary	 1	 0	 0	1	 1	 0	 0	 1	 0	 0	 0	0
Motor Vehicle Theft	 0	 0	 0	 0	 1	 0	 0	 1	 0	 0	 0	 0
Arson	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 1	 0	 0	1	 2	 0	 0	2	 0	 0	 0	0
												
ARRESTS
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 1	 0	 0	 1
Total	 0	0	 0	0	 0	0	0	0	1	 0	0	1	
												
DISCIPLINARY ACTIONS	
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 1	 0	 0	 1	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 1	 0	 0	 1	 0	 0	 0	0
	
BIAS CRIMES	
Primary Crimes	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Larceny Theft	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Simple Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Intimidation	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Destruction/
Damage/Vandalism	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Other Bodily Injury	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0	
											
VAWA CRIMES	
Dating Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Domestic Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Stalking	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
14
Clery Act Statistics - Center for Economic Development (CED) 2012-2014
				2012				2013				2014
		Non-				Non-				Non-
		 Campus	 Public			 Campus	Public			 Campus	Public	
PRIMARY CRIMES	 Campus	 Property	 Property	Total	 Campus	Property	Property	Total	 Campus	 Property	Property	Total
Murder	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Murder/Non-negligent
manslaughter	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Negligent manslaughter	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Fondling	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Incest	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Statutory Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Robbery	 0	0	 0	0	 0	0	0	0	1	 0	0	1
Aggravated Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Burglary	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Motor Vehicle Theft	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Arson	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	0	 0	0	 0	0	0	0	1	 0	0	1
ARRESTS
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 1	 0	 0	 1
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	0	 0	0	 0	0	0	0	1	 0	0	1
DISCIPLINARY ACTIONS	
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
	
BIAS CRIMES	
Primary Crimes	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Larceny Theft	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Simple Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Intimidation	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Destruction/
Damage/Vandalism	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Other Bodily Injury	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0	
											
VAWA CRIMES	
Dating Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Domestic Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Stalking	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
15
Clery Act Statistics - Northwest 2012-2014
				2012				2013				2014
		Non-				Non-				Non-
		 Campus	 Public			 Campus	Public			 Campus	Public	
PRIMARY CRIMES	 Campus	 Property	 Property	Total	 Campus	Property	Property	Total	 Campus	 Property	Property	Total
Murder	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Murder/Non-negligent
manslaughter	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Negligent manslaughter	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Rape	 0	 0	 0	0	 0	 1	 0	 1	 0	 0	 0	0
Fondling	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Incest	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Statutory Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Robbery	 0	 0	 0	0	 0	 1	 0	 1	 0	 0	 0	0
Aggravated Assault	 0	 1	 0	1	 0	 0	 0	0	 1	 0	 0	1
Burglary	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Motor Vehicle Theft	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Arson	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 1	 0	1	 0	 2	 0	2	 1	 0	 0	1
												
ARRESTS
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 2	 0	 2	 0	 0	 0	 0	 2	 0	 0	 2
Total	 0	 2	 0	2	 0	 0	 0	0	 2	 0	 0	2
												
DISCIPLINARY ACTIONS	
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
												
BIAS CRIMES	
Primary Crimes	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Larceny Theft	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Simple Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Intimidation	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Destruction/
Damage/Vandalism	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Other Bodily Injury	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
												
VAWA CRIMES	
Dating Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Domestic Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Stalking	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
16
Clery Act Statistics - Aviation Maintenance Hangar 2012-2014
				2012				2013				2014
		Non-				Non-				Non-
		 Campus	 Public			 Campus	Public			 Campus	Public	
PRIMARY CRIMES	 Campus	 Property	 Property	Total	 Campus	Property	Property	Total	 Campus	 Property	Property	Total
Murder	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Murder/Non-negligent
manslaughter	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Negligent manslaughter	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Fondling	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Incest	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Statutory Rape	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Robbery	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Aggravated Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Burglary	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Motor Vehicle Theft	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Arson	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0	
										
ARRESTS
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
DISCIPLINARY ACTIONS	
Weapons Violations	0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Drug Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Liquor Law Violations	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
	
BIAS CRIMES	
Primary Crimes	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Larceny Theft	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Simple Assault	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Intimidation	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Destruction/
Damage/Vandalism	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Other Bodily Injury	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0	 0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
VAWA CRIMES	
Dating Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Domestic Violence	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Stalking	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
Total	 0	 0	 0	0	 0	 0	 0	0	 0	 0	 0	0
17
Del Mar College is committed to working to
maintain a safe, healthy, lawful and productive
working and educational environment for all
employees and students. Studies have shown that
use of illegal drugs and abuse of alcohol increases
the potential for accidents, absenteeism,
tardiness, unsatisfactory performance,
inefficiency, poor employee morale and damage
to the College’s reputation
The intent of this policy is to make Del Mar
College a better place to study and work through
upgrading the mental and physical health of the
total College community. It acknowledges the
freedom of choice for those individuals who
require or seek information relative to Drug/
Alcohol Abuse
A. Definition of Legal Drugs
•	 A “legal drug” is a prescribed drug or over-the-
counter drug which has been legally obtained
and is being legally used for the purpose for
which it was prescribed or manufactured.
B. Definition of Illegal Drugs
•	 An “illegal drug” is any drug or controlled
substance which is (l) not legally obtainable
or (2) is legally obtainable but was not legally
obtained. The term “illegal drug” includes all
illegal drugs, dangerous drugs and controlled
substances defined and listed in Articles 4476-
14 and 4476-15 (Texas Controlled Substances
Act) Vernon’s Texas Civil Statutes. Marijuana,
hashish, cocaine, PCP, LSD, heroin, Dilaudid,
Quaaludes, steroids and methamphetamine
are only a few of the dangerous drugs or
controlled substances which are included
within such terms.
•	 This policy applies to all students and
employees of Del Mar College, as well as
College visitors, contractors and all other
persons occupying space in/on conveyances,
offices, buildings, facilities, or grounds over
which Del Mar College has custody and
Drug and Alcohol Policies
control, including, but not limited to, rentals
and leasing of auditorium and classroom
spaces.
•	 This policy does not cancel or supersede
other laws, orders, instructions, or regulations
which make the use, possession and/or
distribution of dangerous drugs and controlled
substances illegal.
•	 When personal or behavioral problems begin
to affect a student’s academic performance,
and this appears to be the result of drug
or alcohol abuse, the individual may be
referred to the College Counseling Center
for information on drugs/alcohol and/or to
local community professionals. The student
shall be responsible for any cost and/or fees
incurred for professional services. Information
concerning diagnosis, treatment and medical
records will be kept strictly confidential.
•	 It is recognized that a person’s job
performance or academic studies may be
affected by persons in the employee’s or
student’s family who have alcohol, drug, or
other emotional or behavioral problems.
Therefore, the College will offer information
services to these family members, but accepts
no further responsibility.
•	 Use, distribution, or possession of alcoholic
beverages, dangerous drugs, or controlled
substances while on College property or at
any authorized activity sponsored by or for any
College-related organization, whether on or
off campus, is subject to disciplinary action.
Services Offered on Campus
Counseling Center
361-698-1586
Disability Services
361-698-1292
Dean of Student Engagement and Retention
361-698-1277
18
Compliance with Policies and Laws
Each DMC student should be familiar with all
published college policies. DMC holds each
student responsible for compliance with these
published policies. A violation that occurs off
campus during a college-sponsored program or
activity may be treated the same as if it occurred
on campus.
Students are also expected to comply with all
federal, state and local laws; any student who
violates any provision of those laws is subject to
disciplinary action in addition to any action taken
by civil authorizes because of the violation. This
principal extends to conduct off campus that is
likely to have an adverse effect on the college or
the educational process.
All sanctions are cumulative. Students who have
previous Code of Conduct violations, including
alcohol policy violations, may receive increased
sanctions. Sanctions may also be increased
based on the severity of the behavior.
Title IV Consumer Information Disclosure
- Drug & Alcohol Abuse Prevention/
Policy
B5.40 Policy on Drugs and Alcohol: The purpose
of this policy is to inform the Del Mar College
Community of its intent to comply with the “Drug
Free Schools and Communities Act of 1986” (PL
99-570).
B5.40.1 General Statement: Del Mar College
is committed to working to maintain a safe,
healthy, lawful, and productive working and
educational environment for all employees
and students. Studies have shown that use of
illegal drugs and abuse of alcohol increases the
potential for accidents, absenteeism, tardiness,
unsatisfactory performance, inefficiency, poor
employee morale, and damage to the College’s
reputation. The intent of this policy is to make
Del Mar College a better place to study and work
through upgrading the mental and physical health
of the total College community. It acknowledges
the freedom of choice of those individuals who
require or seek information relative to drug/
alcohol abuse.
B5.40.1.1 Definition of Legal Drugs: A “legal drug”
is a prescribed drug or over-the-counter drug
which has been legally obtained and is being
legally used for the purpose for which it was
prescribed or manufactured.
B5.40.1.2 Definition of Illegal Drugs: An “illegal
drug” is any drug or controlled substance
which is (1) not legally obtainable or (2) is legally
obtainable but was not legally obtained. The
term “illegal drug” includes all illegal drugs,
dangerous drugs, and controlled substances
defined and listed in Articles 4476-14 and 4476-
15 (Texas Controlled Substances Act) Vernon’s
Texas Civil Statutes. Marijuana, hashish, cocaine,
PCP, LSD, heroin, dilaudid, qualudes, steroids,
and methamphetamine are only a few of the
dangerous drugs or controlled substances which
are included within such terms.
B5.40.2 Educational Objectives:
B5.40.2.1 To include the subject of illegal drug
and alcohol abuse in future College-sponsored
student and employee training programs.
B5.40.2.2 To inform employees of the College’s
informational service and of this policy
through various means, such as divisional and
departmental meetings, and new employee
orientation processes.
B5.40.2.3 To inform students of the College of
this policy and informational services through
various means, such as the campus newspaper
Foghorn, Counseling Office, club meetings, “drug
free”- related activities each semester, and the
College’s electronic data board located in the
campus student centers.
B5.40.3 Applicability and Scope:
B5.40.3.1 This policy applies to all students
and employees of Del Mar College, as well
as College visitors, contractors, and all other
persons occupying space in/on conveyances,
offices, buildings, facilities, or grounds over
which Del Mar College has custody and control,
including but not limited to rentals and leasing of
auditorium and classroom spaces.
19
B5.40.3.2 This policy does not cancel or
supersede other laws, orders, instructions, or
regulations which make the use, possession, and/
or distribution of dangerous drugs, and controlled
substances illegal.
B5.40.4 Drug and Alcohol Information Services:
The College recognizes that alcoholism and drug
dependency are “illnesses” or “disorders” and the
College will provide information to any employee
or student seeking assistance.
B5.40.4.1 When personal or behavioral problems
begin to affect an employee’s work or a student’s
academic performance and this appears to be
the result of drug or alcohol abuse, the individual
may be referred to the College Counseling
Office for information on drug/alcohol and/or
to local community professionals. The following
guidelines apply to all persons seeking help.
B5.40.4.2 Employees or students shall not be
discriminated against because they are known to
have had alcohol, drug, or any other behavioral
problems as evidenced by their responsibly
seeking or utilizing counseling or treatment
services.
B5.40.4.3 As outlined in the College’s Sick
Leave Policy (B5.27), employees may utilize
accumulated sick leave or a reasonable leave of
absence without pay for the purpose of treatment
or rehabilitation as in any other illness.
B5.40.4.4The employee or student shall be
responsible for any cost and/or fees incurred for
professional services.
B5.40.4.5 It is recognized that a person’s
job performance or academic studies may
be affected by persons in the employee’s or
student’s family who have alcohol, drug, or other
emotional or behavioral problems. Therefore
the College will offer information services to
these family members, but accept no further
responsibility.
B5.40.4.6 Information concerning a student’s or
employee’s diagnosis, treatment, and medical
records will be kept strictly confidential.
B5.40.5 Prohibition of Anabolic Steroid or
Human Growth Hormone: Section 7, Section
4.11, Texas Controlled Substances Act (Article
44.76, Vernon’s Texas Civil Statutes), requires that
the following notice be posted in a conspicuous
place in the gymnasium:
Anabolic steroids and growth hormones are
for medical use only. State law prohibits the
possession, dispensing, delivery, or administering
of an anabolic steroid or growth hormone in
any manner not allowed by State law. State
law provides that body building, muscle
enhancement, or increasing muscle bulk or
strength through the use of an anabolic steroid
by a person who is in good health is not a valid
medical purpose. Only a medical doctor may
prescribe an anabolic steroid or human growth
hormone for a person. A violation of state law
concerning anabolic steroids or human growth
hormones is a criminal offense punishable by
confinement in jail or imprisonment in the Texas
Department of Corrections.
B5.40.6 Prohibition (Drugs and/or Alcohol):
The College prohibits the unlawful manufacture,
sale, distribution, dispensation, possession, or
use of controlled substances and/or alcohol in
the workplace. The College further prohibits the
consumption of any alcoholic beverage or being
under the influence of alcohol or any controlled
substances within the workplace or in College
owned vehicles. An individual need not be legally
intoxicated to be considered “under the influence
of a controlled substance or alcohol.”
B5.40.6.1 Exemptions (Presidential Approval
Required): The College President is authorized
to approve exemptions to B5.40.6 to allow the
serving of alcoholic beverages, as provided
by law, at various Foundation, Alumni, and
community events sponsored or approved by the
College. Exemption requests shall be made on a
form provided by the College.
20
B5.40.7 Condition of Employment: As a
condition of employment with the College or as
a condition of receiving or continuing to receive
a federal grant, each person affected shall abide
by the terms of the requirements and prohibitions
set out in this policy and shall notify the College
President, in writing, of any criminal drug statute
conviction for a violation occurring in the
workplace no later than five (5) days after such
conviction.
B5.40.7.1 Within thirty (30) days of receiving
notice from an employee or grant recipient, or
otherwise receiving actual notice of a conviction
for criminal drug statute violation occurring
in the workplace, the College shall either (1)
take appropriate personnel action against
the employee up to and possibly including
termination, or (2) require the employee to
participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such
purposes by a federal, State or local health
agency, law enforcement agency or other
appropriate agency.
B5.40.8 Notice: Each employee, full-time or
part-time, as well as student workers and grant
recipients, shall be given a copy of the College’s
policy on drugs and alcohol and must sign a
statement attesting to the receipt of the policy.
B5.40.8.1 A copy of this policy shall be printed in
the College Student Handbook.
A5.40.9 Drug Prevention Program: The
Administration hereby adopts and implements
a program to prevent the illicit use of drugs and
the abuse of alcohol by employees and students
in the workplace. This policy will be maintained
in compliance with federal regulations on behalf
of the Drug-Free Schools and Communities
legislation.
A5.40.9.1 Annually the College will distribute
copies of this policy and others related to it to
each employee and to each student enrolled in a
credit course or courses.
A5.40.9.2 For all of the above persons, the
College prohibits the unlawful possession, use, or
distribution of illicit drugs or alcohol on College
property or as part of College activities.
A5.40.9.3 All students and staff are reminded
that local, State, and federal laws provide legal
sanctions for unlawful possession of illicit drugs
and alcohol. These sanctions may include
probation and/or imprisonment.
A5.40.9.4 Numerous health risks are associated
with the use of alcohol, tobacco, and illicit drugs.
These include fetal alcohol syndrome, cancer,
heart problems, cirrhosis of the liver, AIDS, and
mental and other health problems.
A5.40.9.5 The College provides limited
counseling services for students and employees
who desire them, but prefers to refer those in
need of treatment and rehabilitation to local
community professionals. Current employee
health benefits include insurance coverage for
treatment of illnesses associated with the use of
illicit drugs and the abuse of alcohol.
A5.40.9.6 The College will impose disciplinary
sanctions on students and employees which
are consistent with law and other policies which
have been or will be established. These sanctions
may extend up to, and include, expulsion from
the College or termination of employment and
referral for prosecution. A disciplinary sanction
may include the completion of an appropriate
rehabilitation program.
A5.40.9.7 The College will undertake a
biennial review of this program through the
College Heads-Up Committee to determine its
effectiveness, implement changes as needed,
and ensure that its disciplinary sanctions are
consistently enforced.
21
B9.1 Policy Prohibiting Sexual Violence
B9.1.1 Purpose and Authority: Del Mar College
establishes this policy and related procedures in
its continuing effort to seek equity in education
and employment, and consistent with its legal
responsibility and authority to take measures to
address and prevent sexual violence, as required
by Title IX of the Higher Education Act of 1964,
as amended, and the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime
Statistics Act (the “Clery Act”), as amended.
This policy is intended to inform students and
employees of their rights if they are subjected
to sexual violence, including the complaint
procedures and support services that a survivor
of sexual violence can access. This policy is also
intended to inform students and employees of
their responsibilities if they are aware that sexual
violence has occurred to a Del Mar College
student or employee.
B9.1.2 Statement of Policy: Del Mar College (the
“College”) will not tolerate and strictly prohibits
sexual violence, including domestic violence,
dating violence, sexual assault, and stalking.
The College will act to protect its students and
employees from incidents of domestic violence,
dating violence, sexual assault, and stalking
committed by employees, students, or outside
third parties.
A9.1.3 Scope: This policy applies to and may be
used by all students and employees, regardless
of gender, sexual orientation or gender identity,
to report incidents of sexual violence, including
domestic violence, dating violence, sexual assault
and stalking occurring on or off campus.
Student and employee grievances and complaints
that do not contain allegations of sexual violence
are excluded from this process. General
student complaints or grievances reflecting a
student’s disagreement with the application of
a specific College rule, practice and/or policy
are processed through Board Policy B7.12.
Sexual Violence and Sexual Harassment Programs and
Reporting Procedures
Employee complaints or grievances regarding
general terms and conditions of employment are
processed through Board Policy B5.43. Student
complaints of discrimination, retaliation, and
sexual harassment, that do not contain allegations
of sexual violence, are processed in accordance
with Board Policy B7.19. Employee complaints
discrimination, retaliation and sexual harassment
that do not contain allegations of sexual violence
are processed through Board Policy B5.50.
A9.1.4 Definitions: The following definitions apply
to terms referenced herein.
a) Complainant: The Complainant is the student
or employee who initiates a complaint of
sexual violence with either the District Student
Complaint Coordinator or the District Complaint
Coordinator. Complainants are not limited
to those employees or students who have
personally experienced the alleged act of sexual
violence, but also those employees or students
who may have either received notice of or
witnessed the incident.
b) Respondent: The Respondent is the student,
employee or outside third party named in a
complaint of sexual violence, initiated pursuant to
this policy, as having engaged in sexual violence
against a College employee or student.
c) District Student Complaint Coordinator: The
District Student Complaint Coordinator, who is
the Dean of Student Engagement and Retention,
is the person designated by the College to receive
any complaint of sexual violence against or by
students; assist the Complainant in the use of
the complaint form and procedures provided
herein; investigate the complaint or identify a
designee to conduct the investigation; provide
information regarding law enforcement, medical,
sexual trauma and counseling resources; provide
assistance regarding various internal and external
mechanisms through which the complaint may
be filed, including applicable time limits, if any, for
filing with external agencies and law enforcement
agencies.
22
d) District Complaint Coordinator: The District
Complaint Coordinator, who is the Director of
Human Resources, is the person designated by
the College to receive any complaint of sexual
violence against or by employees; assist the
Complainant in the use of the complaint form
and procedures provided herein; investigate
the complaint or identify a designee to
conduct the investigation; provide information
regarding law enforcement, medical, sexual
trauma and counseling resources; provide
assistance regarding various internal and external
mechanisms through which the complaint may
be filed, including applicable time limits, if any, for
filing with external agencies and law enforcement
agencies.
e) Sexual Violence: As referenced in this policy,
sexual violence is defined as an act of sexual
assault, stalking, domestic violence or dating
violence.
f) Sexual Assault: A person commits a sexual
assault if he or she intentionally or knowingly:
1.	 causes the penetration of the anus or sexual
organ of another person, by any means
without the person’s consent;
2.	 causes the penetration of the mouth of
another person by the sexual organ of the
actor without the person’s consent;
3.	 causes the sexual organ of another person,
without the other person’s consent, to contact
or penetrate the mouth, anus, or sexual organ
of another person;
4.	 causes the penetration of the anus or sexual
organ of a child (a person younger than 17
years of age) by any means;
5.	 causes the penetration of the mouth of a child
(a person younger than 17 years of age) by the
sexual organ of the actor;
6.	 causes the sexual organ, mouth or anus of a
child (a person younger than 17 years of age)
to contact or penetrate the mouth, anus, or
sexual organ of another person, including the
actor.
g) Consent: A sexual act or assault is without the
consent of the other person if:
1.	 the actor compels the other person to submit
or participate by the use of physical force or
violence;
2.	 the actor threatens physical force or violence
against the other person or any person and
the other person believes the actor has the
present ability to execute the threat;
3.	 the actor knows the other person is
unconscious or physically unable to resist;
4.	 the actor knows that as a result of mental
disease or defect the other person is at the
time of the sexual assault incapable either of
appraising the nature of the act or of resisting
it;
5.	 the other person has not consented and the
actor knows the other person is unaware that
the sexual assault is occurring;
6.	 the actor has intentionally impaired the other
person’s ability to appraise or control the
other person’s conduct by administering
any substance without the other person’s
knowledge;
7.	 the actor is a public servant who coerces the
other person to submit or participate;
8.	 the actor is a mental health services provider,
heath care services provider or member of
the clergy who coerces the other person to
submit or participate by exploiting the other
person’s emotional dependency on the actor.
h) Stalking: Stalking occurs where, on more than
one occasion and pursuant to the same scheme
or course of conduct that is directed specifically
at another person, an actor engages in conduct,
including following, where:
1.	 the actor knows or reasonably believes the
other person will regard the conduct as
threatening bodily injury or death for the other
person or a member of the other person’s
family or household, or the commission of an
offense against the other person’s property;
2.	 the actor’s conduct causes the other person
or a member of the other person’s family or
household to be in fear of bodily injury, death
or the commission of an offense against the
other person’s property;
3.	 the actor’s conduct would cause a
23
reasonable person to fear bodily injury or
death for himself or herself, or for member
of the person’s family or household, or the
commission of an offense against the other
person’s property.
i) Domestic Violence: Domestic violence is any
act by a member of a family or household against
another member of the family or household,
including children, that is intended to result in
physical harm, bodily injury, assault or sexual
assault, or that is a threat that reasonably places
the other member in fear of imminent physical
harm, bodily, assault or sexual assault.
j) Dating Violence: Dating violence is any act by
an individual that is against another individual
with whom that person has or has had a dating
relationship and that is intended to result in
physical harm, bodily injury, assault or sexual
assault. A “dating relationship” is a relationship
between individuals who have or have had a
continuing relationship of a romantic or intimate
nature.
k) Retaliation: A party engages in retaliatory action
when he or she engages in revenge or reprisal
in response to a complaint of sexual violence.
Retaliation occurs when the Respondent
personally engages in an act of reprisal or allows
others to engage in acts of reprisal on their
behalf. Retaliation includes, but is not limited to,
threats of harm injury against the Complainant
and, or witnesses, employment actions meant
or to harm an employee Complainant or
employee witnesses, adverse grading of student
Complainants or student witnesses, or attempts
to influence the testimony of witnesses by trying
to discuss allegations with the witnesses during
the pendency of an investigation and appeal.
A9.1.5 What To Do If You Are A Victim of Sexual
Violence: Students and employees are advised of
the following courses of action in the event of an
incident of sexual violence.
a) Your immediate personal safety is of the utmost
importance. As soon as possible, following an
incident of sexual violence, get to a place of
safety.
b) Contact the police at 911 as soon as possible
after the assault has occurred. It is the decision
of the person experiencing sexual violence in
determining whether or not to file charges. It is
important to note that where a charge is filed with
the police, the State covers the cost of medical
care provided at the emergency room. If a charge
is not filed, the person experiencing sexual
violence will be responsible for medical costs
incurred. However, when a report is filed, you
are NOT obligated to continue with the police
criminal justice system or the campus disciplinary
action process.
c) Contact someone you trust to be with you
and help you deal with any trauma you are
experiencing. If you wish, you may contact the
College’s Counseling Center to assist you (361-
698-1586). After business hours, contact Campus
Security at 361-698-1199. Your situation will be
handled confidentially.
d) It will be important to collect and preserve all
evidence, where possible, within 24 hours of the
attack of sexual violence. For example, do not
change clothes or wash or dispose of clothes you
were wearing at the time of the sexual violence
incident. Do not wash, shower or douche. If a
change of clothing is unavoidable, put all clothing
you were wearing at the time of the sexual
violence incidence in a paper (not a plastic) bag.
Until police have investigated the area where the
incident occurred and dusted for fingerprints,
avoid touching any smooth surfaces that the
assailant may have touched.
e) Document any injury you suffered either by
photographing or by showing your injuries to
someone you trust.
f) Seek and obtain medical attention as soon as
possible to treat any physical injury and obtain
preventative treatment for possible sexually
transmitted disease and other health services.
Medical providers can also assist with preserving
evidence documenting your injuries.
g) In addition to seeking assistance from law
enforcement, you can also take steps to protect
yourself from the assailant by staying with friends
or family after the act of sexual violence, letting
your voicemail record telephone calls and
messages, notifying the College of the incident
in order to ensure the assailant is not allowed to
have contact with you while on campus or at
campus event.
24
h) For assistance with filing a complaint of
sexual violence through College complaint
procedures, obtaining assistance with accessing
law enforcement, and confidential counseling,
emotional support, and immediate emergency
services, if not already accessed, students should
contact the Dean of Student Engagement and
Retention. Employees should contact the Director
of Human Resources for the same assistance.
In addition to contact information for the Dean
of Student Engagement and Retention and the
Director of Human Resources, the following
contacts are for campus and local advocacy,
counseling, health, mental health and legal
assistance services:
Cheryl Sanders
Dean of Student Engagement and Retention
Harvin Student Center, Room 204
361-698-1277
Jerry Henry
Director of Human Resources
Heldenfels Administration Building
361-698-1088
Del Mar College Campus Security
(361) 698-1199
Del Mar Counseling Center
Harvin Center, Room233a
Rita Hernandez, MA, LPC-S
(361) 698- 1586
Christus Spohn Hospital Corpus Christi-Memorial
2606 Hospital Blvd.
Corpus Christi, TX
361-902-4000
Christus Spohn Hospital Shoreline
600 Elizabeth St.
Corpus Christi, TX
361-881-3000
Crime Victim Services
3833 S. Staples St. #203
Corpus Christi, TX 78411 (361) 852-7540
Corpus Christi Hope House
658 Robinson St.
Corpus Christi, TX 78404-2521 (361)852-2273
Sexual Assault Legal Services and Assistance
(888) 343-4414
Women’s Shelter of South Texas
813 Buford St, Corpus Christi, TX 78404
(361) 881-8888
National Sexual Assault 24/7 Crisis Hotline
(RAINN)
1-800-656-HOPE (4673)
Stalking Resource Center/ National Center for
Victims of Crime www.ncvc.org/SRC/Main.aspx
A9.1.6 Filing a Complaint of Sexual Violence:
The College will investigate complaints of sexual
violence initiated by College employees and
students pursuant to the following procedures:
A9.1.6.1 Preliminary Considerations
a) Informal Consultation and Counseling: The
District Student Complaint Coordinator and the
District Complaint Coordinator, on an informal
basis, may receive initial inquiries, reports and
requests for consultation and counseling.
Assistance will be available whether or not
a formal complaint is contemplated or even
possible. It is the responsibility of the District
Student Complaint Coordinator and the District
Complaint Coordinator to respond to all such
inquiries, reports and requests as promptly as
possible and in a manner appropriate to the
particular circumstances. An employee or student
making an inquiry or seeking assistance need
not have personally experienced the incident of
sexual violence, witnesses or other parties who
receive notice that an incident of sexual violence
has occurred can also access assistance or make
an inquiry or complaint through the District
Student Complaint Coordinator and the District
Complaint Coordinator.
Students and employees are advised that the
District Student Complaint Coordinator and,
or the District Complaint Coordinator may
determine that it is necessary to initiate an
investigation and take action to address incidents
25
of sexual violence based solely on information
obtained through an inquiry or informal
counseling, even in the absence of a formal
complaint.
b) Confidentiality: The College understands
the confidential and private nature of reports
of sexual violence. Upon receiving notice of an
incident, or a complaint, the College will take
all steps necessary to protect the privacy of the
parties, but may, at some point, be required to
disclose matters to certain College employees,
outside parties or agencies.
This section describes for students and
employees, the extent to which confidentiality
can be maintained.
1.	 Responsible College Employees: For the
purposes of this policy, the College classifies
the District Student Complaint Coordinator,
the District Complaint Coordinator, faculty
members, academic department Chairs,
Deans, Vice Presidents, all Administrators
with supervisory authority, and members of
campus security and police as “responsible
employees.” Any of these College employees
who receive or become aware of an incident
of sexual violence occurring to a College
student or employee are considered to have
received notice on behalf of the College
and are required to report such information
to either the District Student Complaint
Coordinator or the District Complaint
Coordinator. As such, the incidents will be
investigated and properly resolved through
complaint and appeal procedures delineated
herein. Once an investigation is commenced,
however, the information will be tightly
controlled and only people with a need to
know will be told, and information will be
shared only as necessary with investigators,
adjudicatory decision makers, witnesses
and the accused individual (Respondent).
In cases where a Complainant specifically
requests that his or her name not be disclosed
to the perpetrator, or that the College not
investigate or seek action against the alleged
perpetrator, the school will honor the request
after discussion with the Complainant and a
determination that a safe environment can
still be provided for all students, including the
Complainant. In these cases, the College will
take steps such as increased monitoring and
supervision, additional security at the locations
or activities where the alleged sexual violence
occurred; additional training and disbursement
of educational materials to students and
employees. Specific steps will be taken to
protect the student or employee, including
but not limited to, on campus escorts, revised
work or classroom schedules, counseling
services or referral to counseling services.
2.	 Confidential Counseling and Medical
Providers: Students and employees who
wish to maintain incidents as confidential
should speak with Counselors in the Del Mar
College Counseling Center (students only),
off-campus private mental health therapists
and counselors, private attorneys, physicians,
and members of the clergy. These individuals
cannot be required or compelled to disclose
confidential information to the College
provided to them by students or employees
who have been subjected to sexual violence.
Furthermore, to the extent these counselors
and providers might be required to report to
law enforcement or State agencies, reporting
requirements are limited to reports made by
students or employees who are age 65 or
over, or disabled and unable to care or provide
for themselves.
3.	 Service Providers: Students and employees
who seek assistance through domestic
violence shelters, sexual assault crisis agencies
and similar services, whose functions are to
support and protect survivors and actively
promote the creation of safe environments,
can expect information to be kept confidential
under most circumstances. Pursuant to federal
and state law, information regarding incidents
of sexual violence will be kept confidential
except for use in a criminal investigation or
proceeding in response to a lawfully issued
subpoena. However, these service providers
are especially adept and trained to protect
survivors even in the event that certain
information must be provided as part of a
criminal investigation.
4.	 Federal Statistical Reporting Obligations:
Federal law requires that certain campus
26
officials report incidents of sexual assault,
domestic violence, dating violence and
stalking solely for federal statistical reporting
purposes. However, all personally identifiable
information is kept confidential, but statistical
information must be forwarded to campus law
enforcement regarding the type of incident
and the general location where it occurred for
publication in the Campus Security Report.
5.	 Federal Timely Warning Reporting Obligations:
Employees and students who have been
subjected to acts of sexual violence should
also be aware that federal law requires
College administrators issue immediate timely
warnings for incidents that are confirmed
to pose a substantial threat of bodily harm
or danger to members of the campus
community. Under these circumstances, the
Complainant’s name and other identifying
information is not disclosed, but the campus
community will still be provided with enough
information so that individuals can make safety
decisions in light of the immediate danger
posed.
A9.1.6.2 Initiating a Formal Complaint of Sexual
Violence: Student Complainants should contact
the District Student Complaint Coordinator,
and employee Complainants should contact
the District Complaint Coordinator, as soon as
possible following the alleged incident of sexual
violence, or the date on which the Complainant
first knew or reasonably should have known of
such act.1
All such complaints may be submitted
on the form provided by the College or in a
personal memorandum or letter. However, the
complaint need not be put in writing, it is enough
for the Complainant to meet with the applicable
Coordinator who can draft a complaint for the
Complainant’s review and approval. Any written
documentation describing the incident will be
attached to the College’s Complaint of Sexual
Violence form and will be used for the initiation of
a complaint.
1
Complainants who may have been unconscious during an act of sexual violence may not learn about the incident until
days, weeks or months after the incident occurred. Under these circumstances, Complainants should not hesitate to make a
complaint upon learning of the incident.
A9.1.6.3 Elements of a Complaint: The written
complaint shall contain:
a) The name, local and permanent address(es),
and telephone number(s) of the Complainant.
b) A statement of facts explaining what happened
and what the Complainant believes constituted
the act(s) sexual violence in sufficient detail to
give each Respondent reasonable notice of
what is claimed against him/her. The statement
should include the date, approximate time and
place where the alleged acts of unlawful sexual
violence occurred. If the acts occurred on more
than one date, the statement should also include
the last date on which the acts occurred as well
as detailed information about the prior acts.
c) The names of any potential witnesses should
be provided.
d) The name(s), and address(es) and telephone
number(s) (if known) of the Respondent(s), i.e.,
the person(s) claimed to have committed the
act(s) sexual violence.
e) Identification of the title and/or status of the
persons charged whether student, administration,
faculty, or staff.
A9.1.6.4 Procedures for Investigation of a
Complaint of Sexual Violence
a) Upon receipt of a complaint, the District
Student Complaint Coordinator, and/or the
District Complaint Coordinator, will provide
an initialed, signed, date-stamped copy of the
complaint to the Complainant. The complaint,
together with a statement, shall be documented
in a complaint file.
b) The District Student Complaint Coordinator
(student complaint) or the District Complaint
Coordinator (employee complaint), or their
designees, shall begin a review and investigation
of the complaint within 3 working days from
the filing of the complaint. Steps will be taken
immediately to ensure the safety and wellbeing
of a Complainant where necessary. In those
cases where a student and an employee are
both involved in a complaint as Complainant
27
and Respondent, the District Student Complaint
Coordinator and the District Complaint
Coordinator will work together to investigate and
resolve the matter.
c) Within 3 working days after the date of filing
of the complaint, the District Student Complaint
Coordinator, and, or District Complaint
Coordinator, will provide notice that a complaint
has been filed, as well as an explanation of the
nature of the complaint to the Respondent(s).
Alternatively, such notice of the complaint may
be given by email or personal delivery, provided
such delivery is made by the District Student
Complaint Coordinator, and, or District Complaint
Coordinator, and that proper proof of such
delivery, including the date, time and place where
such delivery occurred is documented.
d) The District Student Complaint Coordinator,
and, or District Complaint Coordinator, shall
review all relevant information and interview
pertinent witnesses. Both the Complainant and
the Respondent(s) shall be entitled to submit
oral, recorded, and transcribed statements or
other relevant and material evidence to the
written record compiled by the District Student
Complaint Coordinator and, or District Complaint
Coordinator. Evidence and, or testimony
regarding the Complainant’s sexual history
with anyone except the Respondent will not be
considered.
e) Del Mar College reserves the right to protect
individual or community safety and to act as
needed on an interim manner pending the
resolution of a complaint. This may include but
is not limited to the interim suspension of a
Respondent, the alteration of a Respondent’s or
Complainant’s course schedule or work schedule,
the alteration of a Respondent’s or Complainant’s
work assignment, on-campus escort services by
Campus Security as deemed appropriate or the
establishment of no contact/stay away orders.
f) No later than 30 working days, from the
acceptance of a complaint, the District Student
Complaint Coordinator and, or District Complaint
Coordinator shall prepare a summary of findings
and recommendation(s) for further action to be
taken with regard to the Respondent. In assessing
and resolving the complaint, the District Student
Complaint Coordinator and, or District Complaint
Coordinator shall utilize a preponderance of
the evidence standard of review, i.e., it shall be
determined whether it is more likely than not that
sexual violence occurred.
g) If the Respondent is an employee of the
College, the Respondent’s supervisor shall be
provided with the summary of findings and
recommendations for further action to be
taken by the supervisor(s) of the Respondent.
If the Respondent is the President, the findings
and recommendations of the District Student
Complaint Coordinator and, or District Complaint
Coordinator shall be submitted to the Board of
Regents for review and action. Where findings are
made against the Respondent, sanctions, up to
and including termination, shall be assessed by
the supervisor or Board of Regents at this stage
no later than 10 working days of receipt of the
summary of findings.
h) If the Respondent is a student of the College,
the District Student Complaint Coordinator
may take such disciplinary action, up to an
including expulsion, against the student as
deemed appropriate by the District Student
Complaint Coordinator pursuant to B7.13.4. Any
determination as to the appropriate disciplinary
action to be taken with regard to student
Respondent shall be made within 10 working days
of the District Student Complaint Coordinator’s
completion of the summary of findings.
i) No later than 5 working days following the
determination of appropriate disciplinary action
to be taken, a letter shall be issued by the
District Student Complaint Coordinator and,
or the District Complaint Coordinator to the
Complainant and the Respondent(s) advising
them of the findings of the investigation and the
disciplinary action to be taken by the College, if
necessary. The letters shall be personally delivered
or mailed to the last known address of the
Complainant and Respondent. For the purposes
of establishing receipt by mail, receipt will be
assumed to have occurred within 3 working days
of the date the letter was mailed.
j) Recommended disciplinary actions shall
be executed within one working day of a
Respondent’s failure to file a timely notice of
appeal as established by this policy.
28
k) In the case of appealing student Respondents
whose recommended sanction is expulsion, no
final action of expulsion shall be executed until
completion of the appeal process. Tenured faculty
Respondents appealing an adverse finding, where
dismissal is the recommended sanction, shall not
be dismissed until after completion of the appeal
process where the original recommendation
is affirmed. Employee Respondents, whose
contracts have not yet expired and are appealing
an adverse finding, where dismissal is the
recommended sanction, shall not be dismissed
until after completion of the appeal process
where the original recommendation is affirmed.
In those cases, where employee Respondents are
non-renewed and their employment contracts
expire during the pendency of the appeal process,
these employee Respondents will not be retained
pending the outcome of the appeal.
A9.1.6.5 Appeals: The Complainant or
Respondent may appeal the findings of a
complaint of sexual violence, including, where
applicable, the determined disciplinary action or
sanction.
a) Within five (5) working days of receiving
such notice of findings and, where applicable,
disciplinary action, the Complainant or
Respondent may appeal the supervisor’s and,
or District Student Complaint Coordinator’s
decision. The appeal shall be in writing and
provided to the President of Del Mar College,
notifying the President of the Complainant’s or
Respondent’s request for a hearing. In those
cases where the Respondent is the President, or
an employee directly supervised by the President
of the College, the Board of Regent’s decision
as to the President, or the President’s decision
and adoption of findings as to that employee
Respondent, shall be appealed to the Board of
Regents in writing, notifying the Board of Regents
of the Complainant’s or Respondent’s request for
a hearing. The request to the Board of Regents
may be delivered to the District Complaint
Coordinator for effectuation of service.
b) The President will give prompt notice to the
District Student Complaint Coordinator and,
or the District Complaint Coordinator that the
Complainant or Respondent has taken an appeal
to the President. The District Student Complaint
Coordinator and, or the District Complaint
Coordinator shall promptly forward to the
President the complete record of the matter,
including the investigative file, findings, and
recommendations.
c) Where the decision is appealed to the
Board of Regents, the Board of Regents will
give prompt notice to the District Student
Complaint Coordinator and, or District Complaint
Coordinator that the Complainant or Respondent
has taken an appeal to the Board of Regents. The
District Student Complaint Coordinator and, or
the District Complaint Coordinator shall promptly
forward to the Board of Regents the complete
record of the matter, including the investigative
file, findings, and recommendations.
d) Within 10 working days of receipt of the
appeal, the President or the Board of Regents
shall appoint an independent arbitrator, licensed
to practice law within the State of Texas, to
review the case and conduct such hearing as
specified herein. The investigative file, findings,
recommendations and notices of appeal shall be
forwarded to the independent arbitrator.
e) The hearing shall be held within fifteen
(15) working days after appointment of the
independent arbitrator, unless the parties mutually
agree to a delay. Notice of the appointment, and
the date, time and location of the hearing shall be
provided to the Complainant and Respondent by
the independent arbitrator.
f) Documents and identity of witnesses to
be relied upon by the Complainant and
Respondent(s), during the hearing, shall be
provided to the independent arbitrator no later
than 10 working days prior to the hearing.
The independent arbitrator will forward the
documents and list of witnesses of each
respective party to the other party on the same
day of receipt.
g) The Complainant and Respondent may each
be represented by a person designated in writing
to act for them. Notice, at least five (5) working
days in advance of the hearing, shall be given
by each party intending to be represented,
including the name of the representative, to the
independent arbitrator in writing.
29
h) The hearing shall be conducted privately.
Only the independent arbitrator, Complainant,
Respondent, their representatives and a testifying
witness may be present. Witnesses shall be
excluded from the hearing until it is their turn
to present evidence. In the event witnesses,
the Complainant and, or the Respondent feel
uncomfortable being physically present in the
room, accommodation shall be provided by
allowing the party or witness to participate by
video conferencing.
i) The independent arbitrator shall control the
conduct of the hearing, the general order of
which shall be as follows:
1.	 The Complainant or Respondent appealing
the matter shall present such proof by
documents and witness testimony that the
appealing Complainant or Respondent desires
to offer to challenge the findings and, or
disciplinary action determined by the College
through the investigatory process.
2.	 Upon such offer of proof, the non-appealing
Complainant or Respondent, or their
representative, may cross-examine any
witnesses presented by the appealing party.
3.	 Once the Complainant or Respondent
who appealed the matter has presented
his or her witnesses and documentary
evidence, the non-appealing Complainant or
Respondent may then rebut the appealing
party’s arguments, documents and testimony
through the presentation of witnesses and
documentation of their own.
4.	 Upon such offer of proof on rebuttal, the
appealing Complainant or Respondent, or
their representative, may cross-examine any
witnesses presented by the non-appealing
Complainant or Respondent.
5.	 In the case where either the Complainant
or Respondent is providing testimony, only
the independent arbitrator may cross-
examine and ask additional questions. The
representatives for the Complainant or
Respondent may provide areas of knowledge
or questions to the arbitrator they believe
relevant to the disposition of the matter.
6.	 At any time during the examination or cross-
examination of any witness, the independent
arbitrator may ask his or her own questions in
order to obtain additional information he or
she is relevant to disposition of the case.
7.	 In those cases where the parties have failed
to identify the District Complaint Coordinator
and, or the District Student Complaint
Coordinator as witnesses, the independent
arbitrator may ask that they provide testimony
regarding their investigation and findings.
8.	 Questioning or evidence about the
Complainant’s sexual history with anyone
except the Respondent shall not be permitted.
9.	 Closing arguments may be made by each
party or their representatives.
j) A transcription of the hearing shall be made.
k) The independent arbitrator shall render a
decision within ten calendar (10) days after
completion of the hearing and deliver a copy
to the Complainant, Respondent and either the
President or Board of Regents who appointed
him or her as independent arbitrator. In rendering
his or her decision, the independent arbitrator
shall utilize a preponderance of the evidence
standard of review, i.e., it shall be determined
whether it is more likely than not that sexual
violence occurred. The independent arbitrator
shall deliver the decision by U.S. Mail and receipt
will be assumed to have occurred three working
days after the date the decision was mailed.
l) Within 3 working days of receipt of the
independent arbitrator’s decision, the
Complainant or Respondent may appeal the
matter to the Board of Regents who will schedule
the matter for presentation at the next scheduled
Board of Regents meeting. The Board of Regents
shall be provided the record on appeal by the
independent arbitrator. The presentations shall
be heard in closed session and only the Board of
Regents, their attorney, and the Complainant and
the Respondent, as well as their attorneys shall be
present.
m) The Board of Regents shall issue its decision
no later than 5 working days after presentation of
the appeal. The Board’s decision shall be final.
30
A9.1.6.5.1 Timely Notice of Appeal: If at any
time during the appeal process the Complainant
or Respondent fails to provide timely notice of
appeal; the decision of the supervisor, the District
Student Complaint Coordinator, or the Board of
Regents shall be final.
A9.1.6.6 Other Policies Not Applicable:
Unless expressly referenced in this policy, the
requirements of any other policy or provision
relating to rights or procedures for filing and
hearing of a grievance or an appeal, or specifying
a time within which a grievance or appeal must
be filed or heard, are overruled as inapplicable to
sexual violence complaints.
A9.1.6.7 Extension of Time Limits: During the
pendency of the investigation and appeal process,
any party may request an extension of time limits
stated herein to deal with emergent exigencies.
A request for an extension of time limits shall
be submitted to and approved by the College
President during the investigation stage, or the
independent arbitrator during the appeal stage. If
the President is the Respondent, any such request
must be made to the Board of Regents. All parties
must be advised of any approved request by the
party granting the request.
A9.1.6.8 Filing Externally: The Complainant is
free to access assistance through appropriate
state or federal agencies at any point during
a complaint, investigation or appeal process.
The District Student Complaint Coordinator
and, or the District Complaint Coordinator
will provide general information on state and
federal guidelines and laws, as well as names
and addresses of such agencies who can assist
with such matters as filing criminal charges and
obtaining protective orders.
A9.1.7 Freedom from Reprisal or Retaliation:
Complaints involve sensitive student and
personnel matters. All parties involved in a
complaint shall take the process seriously and
respect the rights of privacy of the Complainant,
the Respondent, the reviewer(s), and any
witnesses or parties engaged in the complaint
process. There will be no retaliation, interference,
or harassment toward any party to a complaint.
Should a Complainant, Respondent or witness
experience any reprisal or retaliation during the
pendency of a complaint pursuant to this section,
the party should immediately report the retaliatory
action to the District Student Complaint
Coordinator and, or the District Complaint
Coordinator.
The complaint will be investigated and action will
be taken pursuant to the complaint, investigation
and appeal procedures in the Del Mar College
Policy Prohibiting Sexual Violence.
A9.1.8 Del Mar College Educational Programs
and Resources: In addition to assisting students
and employees with complaints, the College
continues to take steps aimed at reducing or
eliminating sexual violence by offering or making
available the following resources and educational
program to students and employees:
a) Sexual Violence Awareness Prevention
Workshops/Trainings (including rape,
acquaintance rape, or other sex offenses, forcible
or non-forcible)
b) Bystander Training
c) Alcohol and Other Drug Abuse Prevention
Workshop/Trainings
d) Title IX Workshops/Trainings
Students and employees may also obtain written
information on the topics listed above, as well
as published crime statistics. Students have
the opportunity for on-campus confidential
counseling, and referral for treatment to off-
campus, community-based counseling services.
31
Discrimination/Harassment
B7.19 Discrimination and Harassment Complaint
Policy for Students: Del Mar College, in its
continuing effort to seek equity in education
and act in compliance with federal and state
law, provides a complaint procedure for
the prompt and equitable investigation and
resolution of complaints of unlawful retaliation,
or discrimination and/or harassment of students
based on their race, color, sex (including
pregnancy, gender identity/transgender status,
sexual orientation), age, national origin, religion,
disability, veteran or military status.
This complaint procedure and the District’s
Policy Prohibiting Sexual Violence constitute the
grievance procedures for complaints alleging
unlawful sex discrimination required under Title
IX of the Education Amendments of 1972. As
used herein, “complaint” is synonymous with
“grievance.” This procedure may be used by any
student of the College.
Students who wish to submit complaints of
discrimination or harassment should contact the
Dean of Student Engagement and Retention at
698-1277, or in the Harvin Student Center, Room
204.
A7.19.2 Exclusion: Student grievances and
general complaints that do not contain
allegations of retaliation, discrimination, or
harassment based on the student’s race, color,
sex (including pregnancy, gender identity/
transgender status, sexual orientation), age,
national origin, religion, disability, veteran or
military status are excluded from this process.
Such complaints will be addressed under B7.12 for
student issues that do not contain complaints of
retaliation, discrimination or sexual harassment.
Complaints of sexual violence will be addressed
under the District’s Policy Prohibiting Sexual
Violence (B9.1).
A7.19.3 District Student Complaint Coordinator:
The District Student Complaint Coordinator,
who is the Dean of Student Engagement and
Retention, shall receive any complaint of alleged
retaliation, discrimination or harassment as
identified herein, assist the Complainant in the
use of the complaint form, and provide the
Complainant with information about various
internal and external mechanisms through which
the complaint may be filed, including applicable
time limits, if any, for filing with external agencies.
The District Student Complaint Coordinator
may identify a designee to receive and, or assist
with the investigation of complaints. If any Del
Mar College employee receives a complaint of
retaliation, discrimination or harassment from
a student, he or she will immediately notify the
District Student Complaint Coordinator of the
complaint.
A7.19.4 Complainant’s Rights: The Complainant
is always free to file a complaint with any
appropriate state or federal agency at any point
during the complaint process.
A7.20 Confidentiality and Freedom from Reprisal
or Retaliation: Complaints involve sensitive
student matters and potential personnel matters.
All parties involved in a complaint shall take
the process seriously and respect the rights of
privacy of the Complainant, the Respondent,
the reviewer(s), and any witnesses or parties
engaged in the complaint process. Del Mar
College will endeavor to maintain confidentiality
to the extent permitted by law. There will be no
retaliation, interference, or harassment toward
any party to a complaint. Should a Complainant
or witness experience any reprisal or retaliation
as a result of filing a complaint pursuant to this
section, the Complainant should immediately
report the retaliatory action to the District Student
Complaint Coordinator for intake, investigation
and resolution as provided herein.
A7.21 Definitions:
A7.21.1 Discrimination on the Basis of Protected
Characteristic(s): Discrimination occurs where
action adversely affecting the student’s education
is taken against a student by another student or
Del Mar College employee, including Del Mar
College administration, faculty or staff, or third
32
parties participating in activities, work or programs
of Del Mar College based on the student’s race,
color, sex (including pregnancy, gender identity/
transgender status, sexual orientation), age,
national origin, religion, disability, veteran or
military status.
A7.21.2 Harassment on the Basis of Protected
Characteristic(s): Harassment is conduct of an
oral, written, graphic or physical nature directed
towards a student by another student or Del Mar
College employee, including Del Mar College
administration, faculty or staff, or third parties
participating in activities, work or programs of
Del Mar College based on the student’s race,
color, sex (including pregnancy, gender identity/
transgender status, sexual orientation), age,
national origin, religion, disability, veteran or
military status that is sufficiently severe, pervasive,
or persistent so as to unreasonably interfere with
the student’s education such that an intimidating,
hostile, or offensive environment is created.
A7.21.3 Sexual Harassment: Sexual harassment is,
generally, unwelcome conduct of a sexual nature
by another student or Del Mar College employee,
including Del Mar College administration, faculty
or staff, or third parties participating in activities,
work or programs of Del Mar College. Sexual
harassment can include unwelcome sexual
advances, requests for sexual favors in exchange
for educational benefits or as a condition of
receipt of educational benefits, and other verbal,
nonverbal, or physical conduct of a sexual nature
that is sufficiently severe, pervasive, or persistent
so as to unreasonably interfere with the student’s
work performance or create an intimidating,
hostile, or offensive environment. Sexual violence,
a form of sexual harassment, is addressed in the
District’s Policy Prohibiting Sexual Violence (B9.1).
Sex Discrimination: Sex discrimination includes
sexual harassment and discrimination based on
the individual’s sex, pregnancy, gender identity or
transgender status, or sexual orientation.
Retaliation: Retaliation occurs when action is
taken against a student because the student filed
a complaint of discrimination or harassment
as provided by this policy, filed an OCR charge
of discrimination or harassment, participated
as a witness in an investigation pursuant to this
policy, or brought/participated in a lawsuit of
discrimination or harassment.
A7.21.4 Complainant: The Complainant is the
student who initiates a complaint of retaliation,
discrimination or harassment pursuant to A7.23.
A7.21.5 Respondent: The Respondent is the
student or employee named in a complaint
of retaliation, discrimination or harassment,
initiated pursuant to A7.23, as having engaged in
retaliation, discrimination or harassment against
the Complainant.
A7.22 Informal Consultation and Counseling:
The District Student Complaint Coordinator, on
an informal basis, may receive initial inquiries,
reports and requests for consultation and
counseling. Assistance will be available whether
or not a formal complaint is contemplated or
even possible. It is the responsibility of the District
Student Complaint Coordinator to respond to all
such inquiries, reports and requests as promptly
as possible and in a manner appropriate to the
particular circumstances. Although in certain
instances verbal complaints may be acted upon,
the procedures herein rest upon the submission
of a written formal complaint that will enable a
full and fair investigation of the facts. If a student
is unable to draft a written complaint, the District
Student Complaint Coordinator shall meet
with the student and complete the form and
intake information, which shall be reviewed and
approved by the student. It is the Complainant’s
responsibility to be certain that any complaint
alleging retaliation, discrimination and, or
harassment is filed.
A7.23 Reporting a Student Formal Complaint:
Students should meet with and file a written
complaint with the District Student Complaint
Coordinator as soon as possible following the
alleged retaliatory, discriminatory or harassing
act or the date on which the Complainant first
knew or reasonably should have known of such
act. All such complaints should be submitted
on the form provided by the College in order to
insure the prompt processing and investigation
of complaints. However, students may also utilize
personal memorandums or letters to describe
their complaints. Any such memorandums or
Annual Security and Safety Report 2015
Annual Security and Safety Report 2015
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Annual Security and Safety Report 2015

  • 1. 1 2015 Annual Security and Safety Report Crime Security Awareness, Safety and Prevention • Jeanne Cleary Disclosure of Campus Security Policy • Campus Crime Statistics 2012-2014 • Safety Programs and Services - including sexual assault and sexual violence • Drug-Free Schools and Communities Act • Violence Against Women Act
  • 2. 2 Contents Campus and Community Resources............................................................................................... 4 The Clery Act......................................................................................................................................... 5 Security Awareness and Crime Prevention.................................................................................. 10 Drug and Alcohol Policies.................................................................................................................17 Sexual Violence and Sexual Harassment Programs, Reporting Procedures........................ 21 Discrimination and Harassment...................................................................................................... 31
  • 3. 3 A Message from the Del Mar College Clery Compliance Committee We are pleased to distribute the 2015 Annual Security and Safety Report (ASR) for Del Mar College. The ASR is to be prepared annually to be in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and subsequent amendments specified in the Higher Education Opportunity Act (HEOA) and the reauthorization of the Violence Against Women Act (VAWA). The ASR was prepared by the DMC Compliance Committee which consists of members from the DMC Security Office, Environmental Health-Safety and Risk Management Office, the Dean of Student Engagement and Retention, and the Associate Vice-President of Student Affairs. The ASR is an overall guide for many safety and security policies at DMC and can serve as a guide regarding education and prevention programs in which all community members are invited to attend. The ASR also provides crime statistics for the 2012-2014 calendar years for your review. The safety and well-being of our students, staff, faculty and visitors are of the utmost importance and are continually at the forefront of what we do on a daily basis. Del Mar College consistently works to reduce the risk and potential for crime and other hazardous situations. However, despite our best efforts, crimes and hazardous situations may still occur. Safety and Security is a shared responsibility, and we expect all DMC community members to contribute to the safety and security of our campuses. We ask if you see something, anything which may cause you to pause, contact DMC Security at 361-698-1946. Remember it’s always best to say something if you see something. If you have any questions or suggestions regarding this publication, please feel free to contact the Chief of Security at 361-698-1641; DMC Environmental Health-Safety Risk Management at 361-698-1641, or the Dean of Student Engagement and Retention at 361-698-1277. DMC Compliance Committee Cheryl Sanders Dean of Student Engagement and Retention Kelly White Director of Environmental Health-Safety, Risk Management Dr. Rito Silva Associate Vice-President of Student Affairs Lauren White Interim Chief of Security
  • 4. 4 Campus Resources Counseling Center.......................................................................................................................................361-698-1586 Harvin Student Center, East Campus, Room 233A Dean of Student Engagement and Retention..................................................................................... 361-698-1277 Harvin Student Center, East Campus, Room 204 Title IX Coordinator Services for Students – Cheryl Sanders................................................................................................... 361-698-1277 Services for Faculty and Staff – Jerry Henry.......................................................................................... 361-698-1088 Office of General Counsel........................................................................................................................ 361-698-1098 Environmental Health, Safety and Risk Management....................................................................... 361-698-1641 Maintenance Building, East Campus, Room 105 www.delmar.edu/safety Financial Aid Services..................................................................................................................................361-698-1293 Harvin Student Center, East Campus, Room 262 www.delmar.edu/finaid Disability Services Office............................................................................................................................361-698-1292 Harvin Student Center, East Campus, Room 188 www.delmar.edu/disability Student Leadership and Campus Life....................................................................................................361-698-1279 Harvin Student Center, Room 105 www.delmar.edu/leadership_campus_life Associate Vice President for Student Affairs Office.......................................................................... 361-698-2250 St. Clair Building, East Campus, Room 116C www.delmar.edu/engage Student Veterans Services.........................................................................................................................361-698-1250 Harvin Student Center, Room 270 www.delmar.edu/veteran Campus Security Emergency...................................................................................................................................................... 361-698-1199 Non-emergency............................................................................................................................................361-698-1946 Community Resources City of Corpus Christi Police Department Emergency..............................................................................................................................................................911 Non-Emergency...........................................................................................................................................361-886-2600 MHMR 24-Hour Crisis Line....................................................................................................................1-800-762-0157
  • 5. 5 The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all institutions of higher education that participate in the federal student financial aid program to make known crimes occurring on their campus and in the surrounding community. The Clery Act is enforced by the U.S. Department of Education, and campuses that fail to comply are penalized with hefty fines and may be suspended from participating in federal financial aid programs. The Clery Act was signed in 1990 and is named after Jeanne Clery. She was a student who was raped and murdered in a residence hall at Lehigh University in 1986. Clery’s parents lobbied Congress to enact the law so that parents, students and faculty know about crimes on campus. Compliance with the Clery Act The Clery Act requires Del Mar College (DMC) to provide timely warnings of crimes that represent a threat to the safety of students and employees. The campus security policies are made available to the public on the DMC website. The act requires DMC to collect, report, and make the Annual Security Report available to everyone on campus as well as to the Department of Education. To be in full compliance DMC must do the following: 1. Publish and distribute the Annual Security Report to current students, prospective students and employees by October 1 of each year. The report must include crime statistics for the past three years, campus policies about safety and security measures, campus crime prevention programs, and list procedures to be followed in the investigation of alleged sex offenses. 2. Provide students and employees with timely warnings of crimes that represent a threat to their safety. 3. DMC security must keep and make available a crime log of all crimes reported to them in the past 60 days. In addition to the items above the Annual Security Report addresses the Violence Against Women Act (VAWA) amendments to the Clery Act. VAWA expanded the rights afforded to campus survivors of sexual assault, domestic violence, dating violence and stalking. The safety and security of all members of the college community are paramount issues of concern. The pages in the report contain detailed information regarding: crime prevention, fire safety, law enforcement authority, crime reporting policies, disciplinary procedures and other areas of security and safety on campus. This report also contains information about campus crime statistics. Members of the campus community are encouraged to use this report as a guide for safe practices on and off campus. The report is available on the Internet at www.delmar.edu/ Disclosure.aspx. Every member of DMC receives an email that describes the report and provides its website address. For more information or to request a paper copy of this report, contact the Dean of Students Engagement and Retention at 361-698-1277. Preparing the Annual Disclosure of Crime Statistics The college coordinates the collection and reporting of crime statistics as specified in the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act). Each year, the university notifies all enrolled students and employees, via email, that they can view the report at www.delmar.edu/Disclosure.aspx. Prospective employees and students are notified about the availability and location of the report via the online employee and student application process. This report is prepared in cooperation with DMC security, the office of Environmental Health Safety & Risk Management, local law enforcement agencies and the Division of Student Affairs. Each entity provides current information The Clery Act
  • 6. 6 about its Safety and Security Educational efforts and Programs. Annually, DMC sends a written request to Campus Security Authorities (CSAs) requesting information about all Clery Crimes that occurred on DMC’s Clery Geography that were reported to them. DMC does allow individuals to report crimes on a confidential, voluntary basis for inclusion in the annual disclosure of crime statistics. Reports of criminal activity given to CSAs and reports of crimes made to local law enforcement agencies are collected and included in the Annual Security Report as required by the Clery Act. “Campus Security Authority” (CSA) means an individual with responsibility for campus safety and security. This includes campus security; individuals who are responsible for monitoring buildings or college grounds or with similar security responsibilities who are not part of campus security; individuals or organizations specifically identified to receive reports of criminal offenses; and college officials but not limited to all deans, directors, department chairs, student conduct, and advisors to student organizations. Campus Security and Crime Awareness Through the teamwork of the college and campus community, DMC consistently strives to be among the safest large community college campuses in Texas. We work to achieve this by developing a partnership with students, administrators, faculty and staff. With a campus population of more than 12,000, DMC campus is a reflection of the communities it serves and is not immune to societal problems. Preventing or reducing crime in any community is a tough task. Success in crime prevention and safety at DMC depends largely on the education and participation of the campus community. The campus community is provided information about safety programs and services, but individuals should be advised that they are responsible for their own security and safety. Each year the college is responsible for publishing this annual report concerning campus security and crime statistics. The report provides information for reporting crimes, important college policies and procedures, law enforcement and security on campus and support services for victims of crimes. It is the policy of DMC to provide an environment conducive to an educational mission; thus any conduct that is prohibited by state, federal or local law is subject to discipline under the provisions of policies stated in the Del Mar College Policy Manual and Student Handbook as appropriate. The college monitors and reports to law enforcement agencies illegal conduct of students, faculty or staff on college premises or off-campus locations. In addition, college officials may refer any evidence of illegal activities to the proper local, state or federal authorities for review and potential prosecution. Campus Security and Police Authority DMC has a contract with a licensed security company to provide commissioned security guards who provide services 24 hours a day, 7 days a week. Law Enforcement Authority DMC employs off-duty CCPD police officers who are trained and certified under the guidelines of the State of Texas. Officers are sworn with the full powers of arrest and mandated to enforce all applicable federal and state laws as well as local ordinances. Reports of offenses occurring on campus are generally investigated by the off-duty CCPD officers, and forwarded to the Corpus Christi Police Department for any follow- up investigation. DMC also maintains formal and informal liaisons with various local, state and federal law enforcement agencies in support of campus security and safety efforts. Accurate and Timely Reporting of Criminal Offenses DMC community members are encouraged to accurately and promptly report all crimes to DMC Security and local police agencies. Reporting of criminal offenses aids the college in informing the community when necessary and assists in the accurate reporting of crimes statistics. The campus community is encouraged to report all
  • 7. 7 crimes in a timely manner. Any alleged criminal actions (including sex offenses) or emergencies that occur on or off campus of the College can be reported in any of the following ways: For Emergencies • Dial 911 • Emergencies include any crime in progress or medical emergencies. • DMC Security dial 361-698-1199 to report any emergency to campus security. Non-Emergencies • Call DMC security at 361-698-1946 • Use a Code Blue telephone at locations throughout the campus • Request that any campus official assist with reporting the alleged crime • TTY callers: (800) RELAY TX Timely Warnings DMC provides timely warning to the campus community when a crime is reported to have occurred on DMC’s Clery Geography and is considered to represent a serious or continuing threat to students or employees. The College will distribute timely warning announcements when there appears to be a threat to the safety and security of persons on campus for the following crimes: • Aggravated assault • Arson • Burglary • Negligent manslaughter • Motor vehicle theft • Murder/Non – negligent manslaughter • Robbery • Sex offenses • Domestic violence/ dating violence/ stalking • Violations of liquor laws, drug law or weapons possession law • Any crimes where victim was based solely on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity or national origin Decisions concerning whether to issue a timely warning will be made on a case-by-case basis using the following criteria: • Nature of the crime • Danger and continuing danger to the campus • Risk of compromising law enforcement efforts Criminal reports are considered on a case-by- case basis, depending on the facts and the information known by campus security. For example, if an assault occurs between two students who have a disagreement, there may be no on-going threat to other DMC community members and a timely warning may not be distributed. In cases involving sexual assault, they are often reported long after the incident occurred, thus there is no ability to distribute a “timely” warning notice to the community. The DMC Chief of Security or designee reviews all reports to determine if there is an on-going threat to the community and if the distribution of a timely warning is warranted. Timely warnings may also be posted for other crime classifications and locations, as deemed necessary. These crimes are normally reported directly to campus security. However, sometimes they are reported to a local law enforcement agencies or Campus Security Authorities (CSAs). Campus security has requested CSAs notify campus security about crimes reported to them that may require a timely warning. Timely warnings are primarily distributed through the college’s email system but may also be • Posted on campus bulletin boards or other appropriate locations • Sent to campus and local newspapers Timely warning notices are usually written by the Chief of Security, or designee and distributed by College Relations. Warnings will contain information about the nature of the threat and allow members of the community to take protective action.
  • 8. 8 Emergency Response and Evacuation/ Closing Procedures on Campus DMC regularly develops and updates plans and procedures for emergency response and evacuation for the campus community. Emergency plans and procedures as well as a variety of additional resources are available for viewing at www.delmar.edu/Guide.aspx. Possible emergencies that may occur include, but are not limited to the following: • Bomb threat • Campus violence • Civil unrest • Explosion • Fire (localized building fire or wildfire) • Gas leak • Hazardous material spill • Public health crisis • Severe weather • Terrorist incident Environmental Health, Safety and Risk Management (EH&SRM) is responsible for conducting tests of emergency response and evacuation procedures on at least an annual basis through a variety of drills and exercises designed to assess and evaluate emergency plans and capabilities. Emergency notification systems are tested at least once annually. Exercises may include tabletop, functional, full-scale or any combination thereof. Tests may be announced or unannounced in advance to the campus community. Each test is documented, including at a minimum a description of the test, the date and time, and whether it was announced or unannounced. Various campus units, including EH&SRM and security, utilize outreach programs to train and educate the campus community, providing the knowledge needed to respond appropriately to various types of hazards. Emergency Notification System Upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the life, safety or security of the campus community occurring on campus, DMC will, without delay -- and taking into account the safety of the community -- determine the content of emergency notification messages and initiate the notification system. Unless issuing a notification will, in the professional judgment of the responsible authorities, compromise efforts to assist a victim or contain, respond to, or otherwise mitigate the emergency. The following campus officials have been designated to serve as authorized officials who are empowered to approve the content and issuance of emergency notifications: • President or designee • Provost • Chief of Security or designee • Associate Vice President for Student Affairs • Director of Environmental Health, Safety and Risk Management or designee • Executive Director of Strategic Communication and Government Relations or designee When an authorized official receives a report of an imminent or already occurring situation that poses an immediate threat to life, safety or security on campus, they will confirm the report. Depending on the situation, confirmation may be achieved through one or more of the following sources: • Investigation by campus security, including off-duty CCPD officers • Investigation by other DMC campus unit, including but not limited to the Director of Environmental Health, Safety and Risk Management, Dean of Students, Director of Facilities • Investigation by City of Corpus Christi Fire Department and/or Police Department • Nueces County Emergency Services and/or Health Department
  • 9. 9 • Texas Department of State Health Services • Media reports originating from the incident scene The authorized official will determine, consulting with other campus officials as appropriate, how much information is appropriate to disseminate at different points in time. This determination will be based on the following: • Nature of incident or threat • Segment to be notified • Location of the incident or threat Depending on the circumstances, DMC may send emergency notification messages to the entire campus community or only a segment of the population. If a confirmed emergency situation appears likely to affect a limited segment of the campus community, emergency notification messages may be limited to that group. If the potential exists for a very large segment of the campus community to be affected by a situation or when a situation threatens the operation of the campus as a whole, then the entire campus will be notified. In any case, there will be a continuing assessment of the situation and additional segments of the campus community may be notified if the situation warrants such action. The authorized official will, considering the nature of the threat and the population to be notified, choose the appropriate communication tool(s) to utilize. DMC has at its disposal a number of tools that may be used to disseminate emergency notifications to the campus community. Emergency notification will typically be sent through: • DMC Alert (Powered by Rave Mobile Safety) • Email • Information posted on the DMC website and/ or social media Additional notification methods may include: • Fire alarms • Public address systems • Posted advisory messages • Emergency responder announcements The nature of the emergency will determine the types and extent of the notification. The authorized official will approve the issuance of notification and contact College Relations which will issue the notification message as soon as possible. The authorized official will notify administration.
  • 10. 10 Security Awareness and Crime Prevention Crime Prevention Education and Prevention Programs 2014 Del Mar College provided the community with programs that aid in promoting the prevention of dating violence, domestic violence, sexual assault, and stalking for all incoming students and new employees and ongoing awareness and prevention campaigns for students and employees. Policy Statement A9.1.8 Del Mar College Educational Programs and Resources: In addition to assisting students and employees with complaints, the College continues to take steps aimed at reducing or eliminating sexual violence by offering or making available the following resources and educational program to students and employees: 1. Sexual Violence Awareness Prevention Workshops/Trainings (including rape, acquaintance rape, or other sex offenses, forcible or non-forcible) 2. Bystander Training 3. Alcohol and Other Drug Abuse Prevention Workshop/Trainings 4. Title IX Workshops/Trainings Students and employees may also obtain written information on the topics listed above, as well as published crime statistics. Students have the opportunity for on-campus confidential counseling, and referral for treatment to off- campus, community-based counseling services. The college has developed an annual educational campaign consisting of presentations that include distribution of education materials to new students; participating in and presenting information and materials during new employee orientation; The College offered the following prevention and awareness programs in 2014: 1. New Student Orientation sessions on Title IX and the Campus SaVE Act 2. Title IX and Campus SaVE Act Trainings for Faculty and Staff 3. Student Heath 101 Interactive Digital Magazine that provided a monthly feature addressing the requirement of Title IX and the Campus SaVE Act (Oct.-Profile of a bystander; Nov.-Profile of a friend, Dec.-Guide to reporting sexual assault) 4. Posters and Flyers displayed around campus on Title IX and the Campus SaVE Act (What to Do if you are Victim of Sexual Violence; Where to Get Help if you are a Victim of Sexual Violence; How to Help a Victim of Sexual Violence) 5. Del Mar College Sexual Violence Brochure (Facts and Resources on Sexual Assault, Stalking, Dating Violence and Domestic Violence) 6. Texas Association Against Sexual Assault Brochures (Confronting Sexual Assault; Strategies for Avoiding Sexual Assault; Stalking) 7. Foghorn (Student Newspaper) articles on Title IX and the Campus SaVE Act 8. Title IX and Campus SaVE Act Trainings for Faculty and Staff Crime Stoppers Anyone with information on criminal activity can call (361) 888-TIPS (8477) and may receive a cash award if the tip leads to the arrest and indictment of the criminal offender. The cash award comes from the Corpus Christi Crime Stoppers, a non- profit organization. You may remain anonymous when you report your crime tip. Students and employees are urged to use this reporting option when anonymity is a primary concern. If an individual does not want to report a crime to the police they may also report crimes to a designated campus security authority (CSA). These designated individuals have significant responsibility for student and campus activities, and as such are provided notice by DMC as to the extent of their responsibility and how to report crimes to DMC.
  • 11. 11 An anonymous reporting system is available on the DMC webpage for information about crimes not in progress. The site can be reached at www. delmar.edu/etips. Security Services Campus security is responsible for ensuring all exterior doors at DMC facilities are secured after hours. Emergency Telephones Emergency phones (Code Blue Phones) have been placed at strategic locations on campus. When the emergency button is pushed, the location of the call is automatically identified and the caller is connected to the campus security. College Keys/Access Physical Facilities is responsible for all points of access and the means by which they operate. DMC has an established policy and procedure for the issuance of keys/access cards and documents the faculty and staff who are issued keys/access cards. Electronic Alarm Security DMC has a contract with an off-site monitoring company for fire and security alarms.
  • 12. 12 Clery Act Statistics - East Campus 2012-2014 2012 2013 2014 Non- Non- Non- Campus Public Campus Public Campus Public PRIMARY CRIMES Campus Property Property Total Campus Property Property Total Campus Property Property Total Murder 0 0 0 0 0 0 0 0 0 0 0 0 Murder/Non-negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 0 0 0 0 0 0 0 0 Fondling 0 0 0 0 0 0 0 0 0 0 0 0 Incest 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Rape 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 Aggravated Assault 0 0 0 0 0 0 0 0 1 0 0 1 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 1 0 0 1 ARRESTS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 1 0 0 1 3 0 0 3 Liquor Law Violations 1 0 0 1 0 0 0 0 5 0 0 5 Total 1 0 0 1 1 0 0 1 8 0 0 8 DISCIPLINARY ACTIONS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 1 0 0 1 0 0 0 0 0 0 0 0 Total 1 0 0 1 0 0 0 0 0 0 0 0 BIAS CRIMES Primary Crimes 0 0 0 0 0 0 0 0 0 0 0 0 Larceny Theft 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 Destruction/ Damage/Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 Other Bodily Injury 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 VAWA CRIMES Dating Violence 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Stalking 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0
  • 13. 13 Clery Act Statistics - West Campus 2012-2014 2012 2013 2014 Non- Non- Non- Campus Public Campus Public Campus Public PRIMARY CRIMES Campus Property Property Total Campus Property Property Total Campus Property Property Total Murder 0 0 0 0 0 0 0 0 0 0 0 0 Murder/Non-negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 0 0 0 0 0 0 0 0 Fondling 0 0 0 0 0 0 0 0 0 0 0 0 Incest 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Rape 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 Aggravated Assault 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 1 0 0 1 1 0 0 1 0 0 0 0 Motor Vehicle Theft 0 0 0 0 1 0 0 1 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Total 1 0 0 1 2 0 0 2 0 0 0 0 ARRESTS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 1 0 0 1 Total 0 0 0 0 0 0 0 0 1 0 0 1 DISCIPLINARY ACTIONS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 1 0 0 1 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 1 0 0 1 0 0 0 0 BIAS CRIMES Primary Crimes 0 0 0 0 0 0 0 0 0 0 0 0 Larceny Theft 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 Destruction/ Damage/Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 Other Bodily Injury 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 VAWA CRIMES Dating Violence 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Stalking 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0
  • 14. 14 Clery Act Statistics - Center for Economic Development (CED) 2012-2014 2012 2013 2014 Non- Non- Non- Campus Public Campus Public Campus Public PRIMARY CRIMES Campus Property Property Total Campus Property Property Total Campus Property Property Total Murder 0 0 0 0 0 0 0 0 0 0 0 0 Murder/Non-negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 0 0 0 0 0 0 0 0 Fondling 0 0 0 0 0 0 0 0 0 0 0 0 Incest 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Rape 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 1 0 0 1 Aggravated Assault 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 1 0 0 1 ARRESTS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 1 0 0 1 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 1 0 0 1 DISCIPLINARY ACTIONS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 BIAS CRIMES Primary Crimes 0 0 0 0 0 0 0 0 0 0 0 0 Larceny Theft 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 Destruction/ Damage/Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 Other Bodily Injury 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 VAWA CRIMES Dating Violence 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Stalking 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0
  • 15. 15 Clery Act Statistics - Northwest 2012-2014 2012 2013 2014 Non- Non- Non- Campus Public Campus Public Campus Public PRIMARY CRIMES Campus Property Property Total Campus Property Property Total Campus Property Property Total Murder 0 0 0 0 0 0 0 0 0 0 0 0 Murder/Non-negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 0 1 0 1 0 0 0 0 Fondling 0 0 0 0 0 0 0 0 0 0 0 0 Incest 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Rape 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 1 0 1 0 0 0 0 Aggravated Assault 0 1 0 1 0 0 0 0 1 0 0 1 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 1 0 1 0 2 0 2 1 0 0 1 ARRESTS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 2 0 2 0 0 0 0 2 0 0 2 Total 0 2 0 2 0 0 0 0 2 0 0 2 DISCIPLINARY ACTIONS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 BIAS CRIMES Primary Crimes 0 0 0 0 0 0 0 0 0 0 0 0 Larceny Theft 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 Destruction/ Damage/Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 Other Bodily Injury 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 VAWA CRIMES Dating Violence 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Stalking 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0
  • 16. 16 Clery Act Statistics - Aviation Maintenance Hangar 2012-2014 2012 2013 2014 Non- Non- Non- Campus Public Campus Public Campus Public PRIMARY CRIMES Campus Property Property Total Campus Property Property Total Campus Property Property Total Murder 0 0 0 0 0 0 0 0 0 0 0 0 Murder/Non-negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Negligent manslaughter 0 0 0 0 0 0 0 0 0 0 0 0 Rape 0 0 0 0 0 0 0 0 0 0 0 0 Fondling 0 0 0 0 0 0 0 0 0 0 0 0 Incest 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Rape 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 Aggravated Assault 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 ARRESTS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 DISCIPLINARY ACTIONS Weapons Violations 0 0 0 0 0 0 0 0 0 0 0 0 Drug Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 BIAS CRIMES Primary Crimes 0 0 0 0 0 0 0 0 0 0 0 0 Larceny Theft 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 Destruction/ Damage/Vandalism 0 0 0 0 0 0 0 0 0 0 0 0 Other Bodily Injury 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0 VAWA CRIMES Dating Violence 0 0 0 0 0 0 0 0 0 0 0 0 Domestic Violence 0 0 0 0 0 0 0 0 0 0 0 0 Stalking 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 0 0 0 0 0
  • 17. 17 Del Mar College is committed to working to maintain a safe, healthy, lawful and productive working and educational environment for all employees and students. Studies have shown that use of illegal drugs and abuse of alcohol increases the potential for accidents, absenteeism, tardiness, unsatisfactory performance, inefficiency, poor employee morale and damage to the College’s reputation The intent of this policy is to make Del Mar College a better place to study and work through upgrading the mental and physical health of the total College community. It acknowledges the freedom of choice for those individuals who require or seek information relative to Drug/ Alcohol Abuse A. Definition of Legal Drugs • A “legal drug” is a prescribed drug or over-the- counter drug which has been legally obtained and is being legally used for the purpose for which it was prescribed or manufactured. B. Definition of Illegal Drugs • An “illegal drug” is any drug or controlled substance which is (l) not legally obtainable or (2) is legally obtainable but was not legally obtained. The term “illegal drug” includes all illegal drugs, dangerous drugs and controlled substances defined and listed in Articles 4476- 14 and 4476-15 (Texas Controlled Substances Act) Vernon’s Texas Civil Statutes. Marijuana, hashish, cocaine, PCP, LSD, heroin, Dilaudid, Quaaludes, steroids and methamphetamine are only a few of the dangerous drugs or controlled substances which are included within such terms. • This policy applies to all students and employees of Del Mar College, as well as College visitors, contractors and all other persons occupying space in/on conveyances, offices, buildings, facilities, or grounds over which Del Mar College has custody and Drug and Alcohol Policies control, including, but not limited to, rentals and leasing of auditorium and classroom spaces. • This policy does not cancel or supersede other laws, orders, instructions, or regulations which make the use, possession and/or distribution of dangerous drugs and controlled substances illegal. • When personal or behavioral problems begin to affect a student’s academic performance, and this appears to be the result of drug or alcohol abuse, the individual may be referred to the College Counseling Center for information on drugs/alcohol and/or to local community professionals. The student shall be responsible for any cost and/or fees incurred for professional services. Information concerning diagnosis, treatment and medical records will be kept strictly confidential. • It is recognized that a person’s job performance or academic studies may be affected by persons in the employee’s or student’s family who have alcohol, drug, or other emotional or behavioral problems. Therefore, the College will offer information services to these family members, but accepts no further responsibility. • Use, distribution, or possession of alcoholic beverages, dangerous drugs, or controlled substances while on College property or at any authorized activity sponsored by or for any College-related organization, whether on or off campus, is subject to disciplinary action. Services Offered on Campus Counseling Center 361-698-1586 Disability Services 361-698-1292 Dean of Student Engagement and Retention 361-698-1277
  • 18. 18 Compliance with Policies and Laws Each DMC student should be familiar with all published college policies. DMC holds each student responsible for compliance with these published policies. A violation that occurs off campus during a college-sponsored program or activity may be treated the same as if it occurred on campus. Students are also expected to comply with all federal, state and local laws; any student who violates any provision of those laws is subject to disciplinary action in addition to any action taken by civil authorizes because of the violation. This principal extends to conduct off campus that is likely to have an adverse effect on the college or the educational process. All sanctions are cumulative. Students who have previous Code of Conduct violations, including alcohol policy violations, may receive increased sanctions. Sanctions may also be increased based on the severity of the behavior. Title IV Consumer Information Disclosure - Drug & Alcohol Abuse Prevention/ Policy B5.40 Policy on Drugs and Alcohol: The purpose of this policy is to inform the Del Mar College Community of its intent to comply with the “Drug Free Schools and Communities Act of 1986” (PL 99-570). B5.40.1 General Statement: Del Mar College is committed to working to maintain a safe, healthy, lawful, and productive working and educational environment for all employees and students. Studies have shown that use of illegal drugs and abuse of alcohol increases the potential for accidents, absenteeism, tardiness, unsatisfactory performance, inefficiency, poor employee morale, and damage to the College’s reputation. The intent of this policy is to make Del Mar College a better place to study and work through upgrading the mental and physical health of the total College community. It acknowledges the freedom of choice of those individuals who require or seek information relative to drug/ alcohol abuse. B5.40.1.1 Definition of Legal Drugs: A “legal drug” is a prescribed drug or over-the-counter drug which has been legally obtained and is being legally used for the purpose for which it was prescribed or manufactured. B5.40.1.2 Definition of Illegal Drugs: An “illegal drug” is any drug or controlled substance which is (1) not legally obtainable or (2) is legally obtainable but was not legally obtained. The term “illegal drug” includes all illegal drugs, dangerous drugs, and controlled substances defined and listed in Articles 4476-14 and 4476- 15 (Texas Controlled Substances Act) Vernon’s Texas Civil Statutes. Marijuana, hashish, cocaine, PCP, LSD, heroin, dilaudid, qualudes, steroids, and methamphetamine are only a few of the dangerous drugs or controlled substances which are included within such terms. B5.40.2 Educational Objectives: B5.40.2.1 To include the subject of illegal drug and alcohol abuse in future College-sponsored student and employee training programs. B5.40.2.2 To inform employees of the College’s informational service and of this policy through various means, such as divisional and departmental meetings, and new employee orientation processes. B5.40.2.3 To inform students of the College of this policy and informational services through various means, such as the campus newspaper Foghorn, Counseling Office, club meetings, “drug free”- related activities each semester, and the College’s electronic data board located in the campus student centers. B5.40.3 Applicability and Scope: B5.40.3.1 This policy applies to all students and employees of Del Mar College, as well as College visitors, contractors, and all other persons occupying space in/on conveyances, offices, buildings, facilities, or grounds over which Del Mar College has custody and control, including but not limited to rentals and leasing of auditorium and classroom spaces.
  • 19. 19 B5.40.3.2 This policy does not cancel or supersede other laws, orders, instructions, or regulations which make the use, possession, and/ or distribution of dangerous drugs, and controlled substances illegal. B5.40.4 Drug and Alcohol Information Services: The College recognizes that alcoholism and drug dependency are “illnesses” or “disorders” and the College will provide information to any employee or student seeking assistance. B5.40.4.1 When personal or behavioral problems begin to affect an employee’s work or a student’s academic performance and this appears to be the result of drug or alcohol abuse, the individual may be referred to the College Counseling Office for information on drug/alcohol and/or to local community professionals. The following guidelines apply to all persons seeking help. B5.40.4.2 Employees or students shall not be discriminated against because they are known to have had alcohol, drug, or any other behavioral problems as evidenced by their responsibly seeking or utilizing counseling or treatment services. B5.40.4.3 As outlined in the College’s Sick Leave Policy (B5.27), employees may utilize accumulated sick leave or a reasonable leave of absence without pay for the purpose of treatment or rehabilitation as in any other illness. B5.40.4.4The employee or student shall be responsible for any cost and/or fees incurred for professional services. B5.40.4.5 It is recognized that a person’s job performance or academic studies may be affected by persons in the employee’s or student’s family who have alcohol, drug, or other emotional or behavioral problems. Therefore the College will offer information services to these family members, but accept no further responsibility. B5.40.4.6 Information concerning a student’s or employee’s diagnosis, treatment, and medical records will be kept strictly confidential. B5.40.5 Prohibition of Anabolic Steroid or Human Growth Hormone: Section 7, Section 4.11, Texas Controlled Substances Act (Article 44.76, Vernon’s Texas Civil Statutes), requires that the following notice be posted in a conspicuous place in the gymnasium: Anabolic steroids and growth hormones are for medical use only. State law prohibits the possession, dispensing, delivery, or administering of an anabolic steroid or growth hormone in any manner not allowed by State law. State law provides that body building, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Corrections. B5.40.6 Prohibition (Drugs and/or Alcohol): The College prohibits the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substances and/or alcohol in the workplace. The College further prohibits the consumption of any alcoholic beverage or being under the influence of alcohol or any controlled substances within the workplace or in College owned vehicles. An individual need not be legally intoxicated to be considered “under the influence of a controlled substance or alcohol.” B5.40.6.1 Exemptions (Presidential Approval Required): The College President is authorized to approve exemptions to B5.40.6 to allow the serving of alcoholic beverages, as provided by law, at various Foundation, Alumni, and community events sponsored or approved by the College. Exemption requests shall be made on a form provided by the College.
  • 20. 20 B5.40.7 Condition of Employment: As a condition of employment with the College or as a condition of receiving or continuing to receive a federal grant, each person affected shall abide by the terms of the requirements and prohibitions set out in this policy and shall notify the College President, in writing, of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. B5.40.7.1 Within thirty (30) days of receiving notice from an employee or grant recipient, or otherwise receiving actual notice of a conviction for criminal drug statute violation occurring in the workplace, the College shall either (1) take appropriate personnel action against the employee up to and possibly including termination, or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, State or local health agency, law enforcement agency or other appropriate agency. B5.40.8 Notice: Each employee, full-time or part-time, as well as student workers and grant recipients, shall be given a copy of the College’s policy on drugs and alcohol and must sign a statement attesting to the receipt of the policy. B5.40.8.1 A copy of this policy shall be printed in the College Student Handbook. A5.40.9 Drug Prevention Program: The Administration hereby adopts and implements a program to prevent the illicit use of drugs and the abuse of alcohol by employees and students in the workplace. This policy will be maintained in compliance with federal regulations on behalf of the Drug-Free Schools and Communities legislation. A5.40.9.1 Annually the College will distribute copies of this policy and others related to it to each employee and to each student enrolled in a credit course or courses. A5.40.9.2 For all of the above persons, the College prohibits the unlawful possession, use, or distribution of illicit drugs or alcohol on College property or as part of College activities. A5.40.9.3 All students and staff are reminded that local, State, and federal laws provide legal sanctions for unlawful possession of illicit drugs and alcohol. These sanctions may include probation and/or imprisonment. A5.40.9.4 Numerous health risks are associated with the use of alcohol, tobacco, and illicit drugs. These include fetal alcohol syndrome, cancer, heart problems, cirrhosis of the liver, AIDS, and mental and other health problems. A5.40.9.5 The College provides limited counseling services for students and employees who desire them, but prefers to refer those in need of treatment and rehabilitation to local community professionals. Current employee health benefits include insurance coverage for treatment of illnesses associated with the use of illicit drugs and the abuse of alcohol. A5.40.9.6 The College will impose disciplinary sanctions on students and employees which are consistent with law and other policies which have been or will be established. These sanctions may extend up to, and include, expulsion from the College or termination of employment and referral for prosecution. A disciplinary sanction may include the completion of an appropriate rehabilitation program. A5.40.9.7 The College will undertake a biennial review of this program through the College Heads-Up Committee to determine its effectiveness, implement changes as needed, and ensure that its disciplinary sanctions are consistently enforced.
  • 21. 21 B9.1 Policy Prohibiting Sexual Violence B9.1.1 Purpose and Authority: Del Mar College establishes this policy and related procedures in its continuing effort to seek equity in education and employment, and consistent with its legal responsibility and authority to take measures to address and prevent sexual violence, as required by Title IX of the Higher Education Act of 1964, as amended, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”), as amended. This policy is intended to inform students and employees of their rights if they are subjected to sexual violence, including the complaint procedures and support services that a survivor of sexual violence can access. This policy is also intended to inform students and employees of their responsibilities if they are aware that sexual violence has occurred to a Del Mar College student or employee. B9.1.2 Statement of Policy: Del Mar College (the “College”) will not tolerate and strictly prohibits sexual violence, including domestic violence, dating violence, sexual assault, and stalking. The College will act to protect its students and employees from incidents of domestic violence, dating violence, sexual assault, and stalking committed by employees, students, or outside third parties. A9.1.3 Scope: This policy applies to and may be used by all students and employees, regardless of gender, sexual orientation or gender identity, to report incidents of sexual violence, including domestic violence, dating violence, sexual assault and stalking occurring on or off campus. Student and employee grievances and complaints that do not contain allegations of sexual violence are excluded from this process. General student complaints or grievances reflecting a student’s disagreement with the application of a specific College rule, practice and/or policy are processed through Board Policy B7.12. Sexual Violence and Sexual Harassment Programs and Reporting Procedures Employee complaints or grievances regarding general terms and conditions of employment are processed through Board Policy B5.43. Student complaints of discrimination, retaliation, and sexual harassment, that do not contain allegations of sexual violence, are processed in accordance with Board Policy B7.19. Employee complaints discrimination, retaliation and sexual harassment that do not contain allegations of sexual violence are processed through Board Policy B5.50. A9.1.4 Definitions: The following definitions apply to terms referenced herein. a) Complainant: The Complainant is the student or employee who initiates a complaint of sexual violence with either the District Student Complaint Coordinator or the District Complaint Coordinator. Complainants are not limited to those employees or students who have personally experienced the alleged act of sexual violence, but also those employees or students who may have either received notice of or witnessed the incident. b) Respondent: The Respondent is the student, employee or outside third party named in a complaint of sexual violence, initiated pursuant to this policy, as having engaged in sexual violence against a College employee or student. c) District Student Complaint Coordinator: The District Student Complaint Coordinator, who is the Dean of Student Engagement and Retention, is the person designated by the College to receive any complaint of sexual violence against or by students; assist the Complainant in the use of the complaint form and procedures provided herein; investigate the complaint or identify a designee to conduct the investigation; provide information regarding law enforcement, medical, sexual trauma and counseling resources; provide assistance regarding various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies and law enforcement agencies.
  • 22. 22 d) District Complaint Coordinator: The District Complaint Coordinator, who is the Director of Human Resources, is the person designated by the College to receive any complaint of sexual violence against or by employees; assist the Complainant in the use of the complaint form and procedures provided herein; investigate the complaint or identify a designee to conduct the investigation; provide information regarding law enforcement, medical, sexual trauma and counseling resources; provide assistance regarding various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies and law enforcement agencies. e) Sexual Violence: As referenced in this policy, sexual violence is defined as an act of sexual assault, stalking, domestic violence or dating violence. f) Sexual Assault: A person commits a sexual assault if he or she intentionally or knowingly: 1. causes the penetration of the anus or sexual organ of another person, by any means without the person’s consent; 2. causes the penetration of the mouth of another person by the sexual organ of the actor without the person’s consent; 3. causes the sexual organ of another person, without the other person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person; 4. causes the penetration of the anus or sexual organ of a child (a person younger than 17 years of age) by any means; 5. causes the penetration of the mouth of a child (a person younger than 17 years of age) by the sexual organ of the actor; 6. causes the sexual organ, mouth or anus of a child (a person younger than 17 years of age) to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor. g) Consent: A sexual act or assault is without the consent of the other person if: 1. the actor compels the other person to submit or participate by the use of physical force or violence; 2. the actor threatens physical force or violence against the other person or any person and the other person believes the actor has the present ability to execute the threat; 3. the actor knows the other person is unconscious or physically unable to resist; 4. the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; 5. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; 6. the actor has intentionally impaired the other person’s ability to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge; 7. the actor is a public servant who coerces the other person to submit or participate; 8. the actor is a mental health services provider, heath care services provider or member of the clergy who coerces the other person to submit or participate by exploiting the other person’s emotional dependency on the actor. h) Stalking: Stalking occurs where, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, an actor engages in conduct, including following, where: 1. the actor knows or reasonably believes the other person will regard the conduct as threatening bodily injury or death for the other person or a member of the other person’s family or household, or the commission of an offense against the other person’s property; 2. the actor’s conduct causes the other person or a member of the other person’s family or household to be in fear of bodily injury, death or the commission of an offense against the other person’s property; 3. the actor’s conduct would cause a
  • 23. 23 reasonable person to fear bodily injury or death for himself or herself, or for member of the person’s family or household, or the commission of an offense against the other person’s property. i) Domestic Violence: Domestic violence is any act by a member of a family or household against another member of the family or household, including children, that is intended to result in physical harm, bodily injury, assault or sexual assault, or that is a threat that reasonably places the other member in fear of imminent physical harm, bodily, assault or sexual assault. j) Dating Violence: Dating violence is any act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault or sexual assault. A “dating relationship” is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. k) Retaliation: A party engages in retaliatory action when he or she engages in revenge or reprisal in response to a complaint of sexual violence. Retaliation occurs when the Respondent personally engages in an act of reprisal or allows others to engage in acts of reprisal on their behalf. Retaliation includes, but is not limited to, threats of harm injury against the Complainant and, or witnesses, employment actions meant or to harm an employee Complainant or employee witnesses, adverse grading of student Complainants or student witnesses, or attempts to influence the testimony of witnesses by trying to discuss allegations with the witnesses during the pendency of an investigation and appeal. A9.1.5 What To Do If You Are A Victim of Sexual Violence: Students and employees are advised of the following courses of action in the event of an incident of sexual violence. a) Your immediate personal safety is of the utmost importance. As soon as possible, following an incident of sexual violence, get to a place of safety. b) Contact the police at 911 as soon as possible after the assault has occurred. It is the decision of the person experiencing sexual violence in determining whether or not to file charges. It is important to note that where a charge is filed with the police, the State covers the cost of medical care provided at the emergency room. If a charge is not filed, the person experiencing sexual violence will be responsible for medical costs incurred. However, when a report is filed, you are NOT obligated to continue with the police criminal justice system or the campus disciplinary action process. c) Contact someone you trust to be with you and help you deal with any trauma you are experiencing. If you wish, you may contact the College’s Counseling Center to assist you (361- 698-1586). After business hours, contact Campus Security at 361-698-1199. Your situation will be handled confidentially. d) It will be important to collect and preserve all evidence, where possible, within 24 hours of the attack of sexual violence. For example, do not change clothes or wash or dispose of clothes you were wearing at the time of the sexual violence incident. Do not wash, shower or douche. If a change of clothing is unavoidable, put all clothing you were wearing at the time of the sexual violence incidence in a paper (not a plastic) bag. Until police have investigated the area where the incident occurred and dusted for fingerprints, avoid touching any smooth surfaces that the assailant may have touched. e) Document any injury you suffered either by photographing or by showing your injuries to someone you trust. f) Seek and obtain medical attention as soon as possible to treat any physical injury and obtain preventative treatment for possible sexually transmitted disease and other health services. Medical providers can also assist with preserving evidence documenting your injuries. g) In addition to seeking assistance from law enforcement, you can also take steps to protect yourself from the assailant by staying with friends or family after the act of sexual violence, letting your voicemail record telephone calls and messages, notifying the College of the incident in order to ensure the assailant is not allowed to have contact with you while on campus or at campus event.
  • 24. 24 h) For assistance with filing a complaint of sexual violence through College complaint procedures, obtaining assistance with accessing law enforcement, and confidential counseling, emotional support, and immediate emergency services, if not already accessed, students should contact the Dean of Student Engagement and Retention. Employees should contact the Director of Human Resources for the same assistance. In addition to contact information for the Dean of Student Engagement and Retention and the Director of Human Resources, the following contacts are for campus and local advocacy, counseling, health, mental health and legal assistance services: Cheryl Sanders Dean of Student Engagement and Retention Harvin Student Center, Room 204 361-698-1277 Jerry Henry Director of Human Resources Heldenfels Administration Building 361-698-1088 Del Mar College Campus Security (361) 698-1199 Del Mar Counseling Center Harvin Center, Room233a Rita Hernandez, MA, LPC-S (361) 698- 1586 Christus Spohn Hospital Corpus Christi-Memorial 2606 Hospital Blvd. Corpus Christi, TX 361-902-4000 Christus Spohn Hospital Shoreline 600 Elizabeth St. Corpus Christi, TX 361-881-3000 Crime Victim Services 3833 S. Staples St. #203 Corpus Christi, TX 78411 (361) 852-7540 Corpus Christi Hope House 658 Robinson St. Corpus Christi, TX 78404-2521 (361)852-2273 Sexual Assault Legal Services and Assistance (888) 343-4414 Women’s Shelter of South Texas 813 Buford St, Corpus Christi, TX 78404 (361) 881-8888 National Sexual Assault 24/7 Crisis Hotline (RAINN) 1-800-656-HOPE (4673) Stalking Resource Center/ National Center for Victims of Crime www.ncvc.org/SRC/Main.aspx A9.1.6 Filing a Complaint of Sexual Violence: The College will investigate complaints of sexual violence initiated by College employees and students pursuant to the following procedures: A9.1.6.1 Preliminary Considerations a) Informal Consultation and Counseling: The District Student Complaint Coordinator and the District Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Student Complaint Coordinator and the District Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. An employee or student making an inquiry or seeking assistance need not have personally experienced the incident of sexual violence, witnesses or other parties who receive notice that an incident of sexual violence has occurred can also access assistance or make an inquiry or complaint through the District Student Complaint Coordinator and the District Complaint Coordinator. Students and employees are advised that the District Student Complaint Coordinator and, or the District Complaint Coordinator may determine that it is necessary to initiate an investigation and take action to address incidents
  • 25. 25 of sexual violence based solely on information obtained through an inquiry or informal counseling, even in the absence of a formal complaint. b) Confidentiality: The College understands the confidential and private nature of reports of sexual violence. Upon receiving notice of an incident, or a complaint, the College will take all steps necessary to protect the privacy of the parties, but may, at some point, be required to disclose matters to certain College employees, outside parties or agencies. This section describes for students and employees, the extent to which confidentiality can be maintained. 1. Responsible College Employees: For the purposes of this policy, the College classifies the District Student Complaint Coordinator, the District Complaint Coordinator, faculty members, academic department Chairs, Deans, Vice Presidents, all Administrators with supervisory authority, and members of campus security and police as “responsible employees.” Any of these College employees who receive or become aware of an incident of sexual violence occurring to a College student or employee are considered to have received notice on behalf of the College and are required to report such information to either the District Student Complaint Coordinator or the District Complaint Coordinator. As such, the incidents will be investigated and properly resolved through complaint and appeal procedures delineated herein. Once an investigation is commenced, however, the information will be tightly controlled and only people with a need to know will be told, and information will be shared only as necessary with investigators, adjudicatory decision makers, witnesses and the accused individual (Respondent). In cases where a Complainant specifically requests that his or her name not be disclosed to the perpetrator, or that the College not investigate or seek action against the alleged perpetrator, the school will honor the request after discussion with the Complainant and a determination that a safe environment can still be provided for all students, including the Complainant. In these cases, the College will take steps such as increased monitoring and supervision, additional security at the locations or activities where the alleged sexual violence occurred; additional training and disbursement of educational materials to students and employees. Specific steps will be taken to protect the student or employee, including but not limited to, on campus escorts, revised work or classroom schedules, counseling services or referral to counseling services. 2. Confidential Counseling and Medical Providers: Students and employees who wish to maintain incidents as confidential should speak with Counselors in the Del Mar College Counseling Center (students only), off-campus private mental health therapists and counselors, private attorneys, physicians, and members of the clergy. These individuals cannot be required or compelled to disclose confidential information to the College provided to them by students or employees who have been subjected to sexual violence. Furthermore, to the extent these counselors and providers might be required to report to law enforcement or State agencies, reporting requirements are limited to reports made by students or employees who are age 65 or over, or disabled and unable to care or provide for themselves. 3. Service Providers: Students and employees who seek assistance through domestic violence shelters, sexual assault crisis agencies and similar services, whose functions are to support and protect survivors and actively promote the creation of safe environments, can expect information to be kept confidential under most circumstances. Pursuant to federal and state law, information regarding incidents of sexual violence will be kept confidential except for use in a criminal investigation or proceeding in response to a lawfully issued subpoena. However, these service providers are especially adept and trained to protect survivors even in the event that certain information must be provided as part of a criminal investigation. 4. Federal Statistical Reporting Obligations: Federal law requires that certain campus
  • 26. 26 officials report incidents of sexual assault, domestic violence, dating violence and stalking solely for federal statistical reporting purposes. However, all personally identifiable information is kept confidential, but statistical information must be forwarded to campus law enforcement regarding the type of incident and the general location where it occurred for publication in the Campus Security Report. 5. Federal Timely Warning Reporting Obligations: Employees and students who have been subjected to acts of sexual violence should also be aware that federal law requires College administrators issue immediate timely warnings for incidents that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. Under these circumstances, the Complainant’s name and other identifying information is not disclosed, but the campus community will still be provided with enough information so that individuals can make safety decisions in light of the immediate danger posed. A9.1.6.2 Initiating a Formal Complaint of Sexual Violence: Student Complainants should contact the District Student Complaint Coordinator, and employee Complainants should contact the District Complaint Coordinator, as soon as possible following the alleged incident of sexual violence, or the date on which the Complainant first knew or reasonably should have known of such act.1 All such complaints may be submitted on the form provided by the College or in a personal memorandum or letter. However, the complaint need not be put in writing, it is enough for the Complainant to meet with the applicable Coordinator who can draft a complaint for the Complainant’s review and approval. Any written documentation describing the incident will be attached to the College’s Complaint of Sexual Violence form and will be used for the initiation of a complaint. 1 Complainants who may have been unconscious during an act of sexual violence may not learn about the incident until days, weeks or months after the incident occurred. Under these circumstances, Complainants should not hesitate to make a complaint upon learning of the incident. A9.1.6.3 Elements of a Complaint: The written complaint shall contain: a) The name, local and permanent address(es), and telephone number(s) of the Complainant. b) A statement of facts explaining what happened and what the Complainant believes constituted the act(s) sexual violence in sufficient detail to give each Respondent reasonable notice of what is claimed against him/her. The statement should include the date, approximate time and place where the alleged acts of unlawful sexual violence occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. c) The names of any potential witnesses should be provided. d) The name(s), and address(es) and telephone number(s) (if known) of the Respondent(s), i.e., the person(s) claimed to have committed the act(s) sexual violence. e) Identification of the title and/or status of the persons charged whether student, administration, faculty, or staff. A9.1.6.4 Procedures for Investigation of a Complaint of Sexual Violence a) Upon receipt of a complaint, the District Student Complaint Coordinator, and/or the District Complaint Coordinator, will provide an initialed, signed, date-stamped copy of the complaint to the Complainant. The complaint, together with a statement, shall be documented in a complaint file. b) The District Student Complaint Coordinator (student complaint) or the District Complaint Coordinator (employee complaint), or their designees, shall begin a review and investigation of the complaint within 3 working days from the filing of the complaint. Steps will be taken immediately to ensure the safety and wellbeing of a Complainant where necessary. In those cases where a student and an employee are both involved in a complaint as Complainant
  • 27. 27 and Respondent, the District Student Complaint Coordinator and the District Complaint Coordinator will work together to investigate and resolve the matter. c) Within 3 working days after the date of filing of the complaint, the District Student Complaint Coordinator, and, or District Complaint Coordinator, will provide notice that a complaint has been filed, as well as an explanation of the nature of the complaint to the Respondent(s). Alternatively, such notice of the complaint may be given by email or personal delivery, provided such delivery is made by the District Student Complaint Coordinator, and, or District Complaint Coordinator, and that proper proof of such delivery, including the date, time and place where such delivery occurred is documented. d) The District Student Complaint Coordinator, and, or District Complaint Coordinator, shall review all relevant information and interview pertinent witnesses. Both the Complainant and the Respondent(s) shall be entitled to submit oral, recorded, and transcribed statements or other relevant and material evidence to the written record compiled by the District Student Complaint Coordinator and, or District Complaint Coordinator. Evidence and, or testimony regarding the Complainant’s sexual history with anyone except the Respondent will not be considered. e) Del Mar College reserves the right to protect individual or community safety and to act as needed on an interim manner pending the resolution of a complaint. This may include but is not limited to the interim suspension of a Respondent, the alteration of a Respondent’s or Complainant’s course schedule or work schedule, the alteration of a Respondent’s or Complainant’s work assignment, on-campus escort services by Campus Security as deemed appropriate or the establishment of no contact/stay away orders. f) No later than 30 working days, from the acceptance of a complaint, the District Student Complaint Coordinator and, or District Complaint Coordinator shall prepare a summary of findings and recommendation(s) for further action to be taken with regard to the Respondent. In assessing and resolving the complaint, the District Student Complaint Coordinator and, or District Complaint Coordinator shall utilize a preponderance of the evidence standard of review, i.e., it shall be determined whether it is more likely than not that sexual violence occurred. g) If the Respondent is an employee of the College, the Respondent’s supervisor shall be provided with the summary of findings and recommendations for further action to be taken by the supervisor(s) of the Respondent. If the Respondent is the President, the findings and recommendations of the District Student Complaint Coordinator and, or District Complaint Coordinator shall be submitted to the Board of Regents for review and action. Where findings are made against the Respondent, sanctions, up to and including termination, shall be assessed by the supervisor or Board of Regents at this stage no later than 10 working days of receipt of the summary of findings. h) If the Respondent is a student of the College, the District Student Complaint Coordinator may take such disciplinary action, up to an including expulsion, against the student as deemed appropriate by the District Student Complaint Coordinator pursuant to B7.13.4. Any determination as to the appropriate disciplinary action to be taken with regard to student Respondent shall be made within 10 working days of the District Student Complaint Coordinator’s completion of the summary of findings. i) No later than 5 working days following the determination of appropriate disciplinary action to be taken, a letter shall be issued by the District Student Complaint Coordinator and, or the District Complaint Coordinator to the Complainant and the Respondent(s) advising them of the findings of the investigation and the disciplinary action to be taken by the College, if necessary. The letters shall be personally delivered or mailed to the last known address of the Complainant and Respondent. For the purposes of establishing receipt by mail, receipt will be assumed to have occurred within 3 working days of the date the letter was mailed. j) Recommended disciplinary actions shall be executed within one working day of a Respondent’s failure to file a timely notice of appeal as established by this policy.
  • 28. 28 k) In the case of appealing student Respondents whose recommended sanction is expulsion, no final action of expulsion shall be executed until completion of the appeal process. Tenured faculty Respondents appealing an adverse finding, where dismissal is the recommended sanction, shall not be dismissed until after completion of the appeal process where the original recommendation is affirmed. Employee Respondents, whose contracts have not yet expired and are appealing an adverse finding, where dismissal is the recommended sanction, shall not be dismissed until after completion of the appeal process where the original recommendation is affirmed. In those cases, where employee Respondents are non-renewed and their employment contracts expire during the pendency of the appeal process, these employee Respondents will not be retained pending the outcome of the appeal. A9.1.6.5 Appeals: The Complainant or Respondent may appeal the findings of a complaint of sexual violence, including, where applicable, the determined disciplinary action or sanction. a) Within five (5) working days of receiving such notice of findings and, where applicable, disciplinary action, the Complainant or Respondent may appeal the supervisor’s and, or District Student Complaint Coordinator’s decision. The appeal shall be in writing and provided to the President of Del Mar College, notifying the President of the Complainant’s or Respondent’s request for a hearing. In those cases where the Respondent is the President, or an employee directly supervised by the President of the College, the Board of Regent’s decision as to the President, or the President’s decision and adoption of findings as to that employee Respondent, shall be appealed to the Board of Regents in writing, notifying the Board of Regents of the Complainant’s or Respondent’s request for a hearing. The request to the Board of Regents may be delivered to the District Complaint Coordinator for effectuation of service. b) The President will give prompt notice to the District Student Complaint Coordinator and, or the District Complaint Coordinator that the Complainant or Respondent has taken an appeal to the President. The District Student Complaint Coordinator and, or the District Complaint Coordinator shall promptly forward to the President the complete record of the matter, including the investigative file, findings, and recommendations. c) Where the decision is appealed to the Board of Regents, the Board of Regents will give prompt notice to the District Student Complaint Coordinator and, or District Complaint Coordinator that the Complainant or Respondent has taken an appeal to the Board of Regents. The District Student Complaint Coordinator and, or the District Complaint Coordinator shall promptly forward to the Board of Regents the complete record of the matter, including the investigative file, findings, and recommendations. d) Within 10 working days of receipt of the appeal, the President or the Board of Regents shall appoint an independent arbitrator, licensed to practice law within the State of Texas, to review the case and conduct such hearing as specified herein. The investigative file, findings, recommendations and notices of appeal shall be forwarded to the independent arbitrator. e) The hearing shall be held within fifteen (15) working days after appointment of the independent arbitrator, unless the parties mutually agree to a delay. Notice of the appointment, and the date, time and location of the hearing shall be provided to the Complainant and Respondent by the independent arbitrator. f) Documents and identity of witnesses to be relied upon by the Complainant and Respondent(s), during the hearing, shall be provided to the independent arbitrator no later than 10 working days prior to the hearing. The independent arbitrator will forward the documents and list of witnesses of each respective party to the other party on the same day of receipt. g) The Complainant and Respondent may each be represented by a person designated in writing to act for them. Notice, at least five (5) working days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative, to the independent arbitrator in writing.
  • 29. 29 h) The hearing shall be conducted privately. Only the independent arbitrator, Complainant, Respondent, their representatives and a testifying witness may be present. Witnesses shall be excluded from the hearing until it is their turn to present evidence. In the event witnesses, the Complainant and, or the Respondent feel uncomfortable being physically present in the room, accommodation shall be provided by allowing the party or witness to participate by video conferencing. i) The independent arbitrator shall control the conduct of the hearing, the general order of which shall be as follows: 1. The Complainant or Respondent appealing the matter shall present such proof by documents and witness testimony that the appealing Complainant or Respondent desires to offer to challenge the findings and, or disciplinary action determined by the College through the investigatory process. 2. Upon such offer of proof, the non-appealing Complainant or Respondent, or their representative, may cross-examine any witnesses presented by the appealing party. 3. Once the Complainant or Respondent who appealed the matter has presented his or her witnesses and documentary evidence, the non-appealing Complainant or Respondent may then rebut the appealing party’s arguments, documents and testimony through the presentation of witnesses and documentation of their own. 4. Upon such offer of proof on rebuttal, the appealing Complainant or Respondent, or their representative, may cross-examine any witnesses presented by the non-appealing Complainant or Respondent. 5. In the case where either the Complainant or Respondent is providing testimony, only the independent arbitrator may cross- examine and ask additional questions. The representatives for the Complainant or Respondent may provide areas of knowledge or questions to the arbitrator they believe relevant to the disposition of the matter. 6. At any time during the examination or cross- examination of any witness, the independent arbitrator may ask his or her own questions in order to obtain additional information he or she is relevant to disposition of the case. 7. In those cases where the parties have failed to identify the District Complaint Coordinator and, or the District Student Complaint Coordinator as witnesses, the independent arbitrator may ask that they provide testimony regarding their investigation and findings. 8. Questioning or evidence about the Complainant’s sexual history with anyone except the Respondent shall not be permitted. 9. Closing arguments may be made by each party or their representatives. j) A transcription of the hearing shall be made. k) The independent arbitrator shall render a decision within ten calendar (10) days after completion of the hearing and deliver a copy to the Complainant, Respondent and either the President or Board of Regents who appointed him or her as independent arbitrator. In rendering his or her decision, the independent arbitrator shall utilize a preponderance of the evidence standard of review, i.e., it shall be determined whether it is more likely than not that sexual violence occurred. The independent arbitrator shall deliver the decision by U.S. Mail and receipt will be assumed to have occurred three working days after the date the decision was mailed. l) Within 3 working days of receipt of the independent arbitrator’s decision, the Complainant or Respondent may appeal the matter to the Board of Regents who will schedule the matter for presentation at the next scheduled Board of Regents meeting. The Board of Regents shall be provided the record on appeal by the independent arbitrator. The presentations shall be heard in closed session and only the Board of Regents, their attorney, and the Complainant and the Respondent, as well as their attorneys shall be present. m) The Board of Regents shall issue its decision no later than 5 working days after presentation of the appeal. The Board’s decision shall be final.
  • 30. 30 A9.1.6.5.1 Timely Notice of Appeal: If at any time during the appeal process the Complainant or Respondent fails to provide timely notice of appeal; the decision of the supervisor, the District Student Complaint Coordinator, or the Board of Regents shall be final. A9.1.6.6 Other Policies Not Applicable: Unless expressly referenced in this policy, the requirements of any other policy or provision relating to rights or procedures for filing and hearing of a grievance or an appeal, or specifying a time within which a grievance or appeal must be filed or heard, are overruled as inapplicable to sexual violence complaints. A9.1.6.7 Extension of Time Limits: During the pendency of the investigation and appeal process, any party may request an extension of time limits stated herein to deal with emergent exigencies. A request for an extension of time limits shall be submitted to and approved by the College President during the investigation stage, or the independent arbitrator during the appeal stage. If the President is the Respondent, any such request must be made to the Board of Regents. All parties must be advised of any approved request by the party granting the request. A9.1.6.8 Filing Externally: The Complainant is free to access assistance through appropriate state or federal agencies at any point during a complaint, investigation or appeal process. The District Student Complaint Coordinator and, or the District Complaint Coordinator will provide general information on state and federal guidelines and laws, as well as names and addresses of such agencies who can assist with such matters as filing criminal charges and obtaining protective orders. A9.1.7 Freedom from Reprisal or Retaliation: Complaints involve sensitive student and personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s), and any witnesses or parties engaged in the complaint process. There will be no retaliation, interference, or harassment toward any party to a complaint. Should a Complainant, Respondent or witness experience any reprisal or retaliation during the pendency of a complaint pursuant to this section, the party should immediately report the retaliatory action to the District Student Complaint Coordinator and, or the District Complaint Coordinator. The complaint will be investigated and action will be taken pursuant to the complaint, investigation and appeal procedures in the Del Mar College Policy Prohibiting Sexual Violence. A9.1.8 Del Mar College Educational Programs and Resources: In addition to assisting students and employees with complaints, the College continues to take steps aimed at reducing or eliminating sexual violence by offering or making available the following resources and educational program to students and employees: a) Sexual Violence Awareness Prevention Workshops/Trainings (including rape, acquaintance rape, or other sex offenses, forcible or non-forcible) b) Bystander Training c) Alcohol and Other Drug Abuse Prevention Workshop/Trainings d) Title IX Workshops/Trainings Students and employees may also obtain written information on the topics listed above, as well as published crime statistics. Students have the opportunity for on-campus confidential counseling, and referral for treatment to off- campus, community-based counseling services.
  • 31. 31 Discrimination/Harassment B7.19 Discrimination and Harassment Complaint Policy for Students: Del Mar College, in its continuing effort to seek equity in education and act in compliance with federal and state law, provides a complaint procedure for the prompt and equitable investigation and resolution of complaints of unlawful retaliation, or discrimination and/or harassment of students based on their race, color, sex (including pregnancy, gender identity/transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status. This complaint procedure and the District’s Policy Prohibiting Sexual Violence constitute the grievance procedures for complaints alleging unlawful sex discrimination required under Title IX of the Education Amendments of 1972. As used herein, “complaint” is synonymous with “grievance.” This procedure may be used by any student of the College. Students who wish to submit complaints of discrimination or harassment should contact the Dean of Student Engagement and Retention at 698-1277, or in the Harvin Student Center, Room 204. A7.19.2 Exclusion: Student grievances and general complaints that do not contain allegations of retaliation, discrimination, or harassment based on the student’s race, color, sex (including pregnancy, gender identity/ transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status are excluded from this process. Such complaints will be addressed under B7.12 for student issues that do not contain complaints of retaliation, discrimination or sexual harassment. Complaints of sexual violence will be addressed under the District’s Policy Prohibiting Sexual Violence (B9.1). A7.19.3 District Student Complaint Coordinator: The District Student Complaint Coordinator, who is the Dean of Student Engagement and Retention, shall receive any complaint of alleged retaliation, discrimination or harassment as identified herein, assist the Complainant in the use of the complaint form, and provide the Complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits, if any, for filing with external agencies. The District Student Complaint Coordinator may identify a designee to receive and, or assist with the investigation of complaints. If any Del Mar College employee receives a complaint of retaliation, discrimination or harassment from a student, he or she will immediately notify the District Student Complaint Coordinator of the complaint. A7.19.4 Complainant’s Rights: The Complainant is always free to file a complaint with any appropriate state or federal agency at any point during the complaint process. A7.20 Confidentiality and Freedom from Reprisal or Retaliation: Complaints involve sensitive student matters and potential personnel matters. All parties involved in a complaint shall take the process seriously and respect the rights of privacy of the Complainant, the Respondent, the reviewer(s), and any witnesses or parties engaged in the complaint process. Del Mar College will endeavor to maintain confidentiality to the extent permitted by law. There will be no retaliation, interference, or harassment toward any party to a complaint. Should a Complainant or witness experience any reprisal or retaliation as a result of filing a complaint pursuant to this section, the Complainant should immediately report the retaliatory action to the District Student Complaint Coordinator for intake, investigation and resolution as provided herein. A7.21 Definitions: A7.21.1 Discrimination on the Basis of Protected Characteristic(s): Discrimination occurs where action adversely affecting the student’s education is taken against a student by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third
  • 32. 32 parties participating in activities, work or programs of Del Mar College based on the student’s race, color, sex (including pregnancy, gender identity/ transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status. A7.21.2 Harassment on the Basis of Protected Characteristic(s): Harassment is conduct of an oral, written, graphic or physical nature directed towards a student by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third parties participating in activities, work or programs of Del Mar College based on the student’s race, color, sex (including pregnancy, gender identity/ transgender status, sexual orientation), age, national origin, religion, disability, veteran or military status that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the student’s education such that an intimidating, hostile, or offensive environment is created. A7.21.3 Sexual Harassment: Sexual harassment is, generally, unwelcome conduct of a sexual nature by another student or Del Mar College employee, including Del Mar College administration, faculty or staff, or third parties participating in activities, work or programs of Del Mar College. Sexual harassment can include unwelcome sexual advances, requests for sexual favors in exchange for educational benefits or as a condition of receipt of educational benefits, and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, pervasive, or persistent so as to unreasonably interfere with the student’s work performance or create an intimidating, hostile, or offensive environment. Sexual violence, a form of sexual harassment, is addressed in the District’s Policy Prohibiting Sexual Violence (B9.1). Sex Discrimination: Sex discrimination includes sexual harassment and discrimination based on the individual’s sex, pregnancy, gender identity or transgender status, or sexual orientation. Retaliation: Retaliation occurs when action is taken against a student because the student filed a complaint of discrimination or harassment as provided by this policy, filed an OCR charge of discrimination or harassment, participated as a witness in an investigation pursuant to this policy, or brought/participated in a lawsuit of discrimination or harassment. A7.21.4 Complainant: The Complainant is the student who initiates a complaint of retaliation, discrimination or harassment pursuant to A7.23. A7.21.5 Respondent: The Respondent is the student or employee named in a complaint of retaliation, discrimination or harassment, initiated pursuant to A7.23, as having engaged in retaliation, discrimination or harassment against the Complainant. A7.22 Informal Consultation and Counseling: The District Student Complaint Coordinator, on an informal basis, may receive initial inquiries, reports and requests for consultation and counseling. Assistance will be available whether or not a formal complaint is contemplated or even possible. It is the responsibility of the District Student Complaint Coordinator to respond to all such inquiries, reports and requests as promptly as possible and in a manner appropriate to the particular circumstances. Although in certain instances verbal complaints may be acted upon, the procedures herein rest upon the submission of a written formal complaint that will enable a full and fair investigation of the facts. If a student is unable to draft a written complaint, the District Student Complaint Coordinator shall meet with the student and complete the form and intake information, which shall be reviewed and approved by the student. It is the Complainant’s responsibility to be certain that any complaint alleging retaliation, discrimination and, or harassment is filed. A7.23 Reporting a Student Formal Complaint: Students should meet with and file a written complaint with the District Student Complaint Coordinator as soon as possible following the alleged retaliatory, discriminatory or harassing act or the date on which the Complainant first knew or reasonably should have known of such act. All such complaints should be submitted on the form provided by the College in order to insure the prompt processing and investigation of complaints. However, students may also utilize personal memorandums or letters to describe their complaints. Any such memorandums or