IV.             Student Rights

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

1.      A description of the course to include the measurable objectives, course requirements and evaluation procedures.

2.      A fair performance evaluation based on measurable objectives and course requirements.

3.      The opportunity to discuss, inquire and express their views in the classroom or in conference.

4.      Protection against improper disclosure concerning data which is confidential, in accordance with state and federal guidelines.  (See the Family Educational Rights and Privacy Act – FERPA)

5.      To be treated with dignity and respect.

B.  Procedure For The Resolution of Complaints By a Student

Step 1 - A student who feels that any of his/her rights, as identified above, have been violated is encouraged to first meet with the person accused of violating the students’ rights to seek satisfactory resolution in an informal manner through discussion.

Step 2 - In the opinion of the student, if satisfactory resolution is not achieved at Step 1, the student shall meet with his/her program counselor or advisor to discuss and facilitate a resolution of the complaint. The facilitator (counselor or advisor) may include other individuals as appropriate.  

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

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


V.                Standards of Student Conduct

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

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

A.        Unacceptable Student Conduct

The College has determined that the following student actions are unacceptable and subject to disciplinary action under the procedures set forth in this policy.  Such behavior shall include, but not be limited to:

1.   The incitement or acts of force, assault, offensive touching, coercion, harassment, violence, intimidation or any interference with the free movement of others upon the College premises, or any act which endangers the mental or physical health or safety, or any act which is in violation of the Delaware Technical & Community College Violence-Free College Policy.

2.   Disruption or obstruction of the orderly operation of Campus activities, on or off College premises.  Disruptive behaviors may include, but are not limited to, profane or vulgar statements or gestures, personal habits, personal appearance, slanderous or libelous statements, speech-oriented activities or publications.

3.   Gambling.

4.   Possession, consumption and/or abuse of illegal drugs and/or alcohol or any violation of the Delaware Technical & Community College Drug-Free School And Workplace Policy.

5.   Forgery, bribery, perjury, making a false statement, and/or other behavior indicating dishonesty.

6.   Cheating, plagiarism or other violation on the College’s Policy on Academic Dishonesty.

7.   Theft, robbery, criminal trespass and/or burglary.

8.   Intentional destruction of College property or the property of another or damaging public or private real or personal property without the permission of the owner by knowingly, purposely or recklessly drawing, painting or making any significant mark or inscription thereon.

9.   Sexual assault, stalking or other violation of the Delaware Technical & Community College Sexual Assault Policy.

10. Violation of the Delaware Technical & Community College Policy Prohibiting Weapons and Dangerous Instruments or Devices.

11. Violation of the Delaware Technical & Community College Sexual Harassment Policy which will be handled according to the Procedure for the Resolution of Sexual Harassment Complaints as published in the Student Handbook.

12. Violation of the Delaware Technical & Community College Acceptable Use of Electronics Networks Policy.

13. Violation of any other published Delaware Technical & Community College policy, rule and/or regulation included in the Student Handbook and elsewhere.

14. Any other violation of federal, state or local law.

B.        Procedure for the Resolution of a Complaint Against a Student

Any member of the College community who has reason to believe that a student has violated the Standards of Student Conduct should report the alleged violation to one of the following College officials:

·         Members of the Public Safety Department

·         Dean of Student Services

·         Dean of Instruction

·         Director of Corporate and Community Programs (for non-credit students)

·         Evening Coordinator/Evening Operations Manager

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

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

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

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

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

·         That the accused violator has the right to a hearing before a Campus Judicial Committee in accordance with the hearing process outlined in Section VI.

·         That the accused violator has a right to be represented by an advisor or an attorney in a hearing before the Campus Judicial Committee.  The name of the advisor or attorney must be submitted to the Campus Judicial Committee at least twenty-four (24) hours prior to the hearing.

·         That the accused violator has a right to waive a hearing before the Campus Judicial Committee and to accept the disposition of the matter as determined by the Dean of Student Services, including the possible sanctions to be imposed. 

·         That waiving the right to a hearing includes waiving the right to an appeal.

·         That the accused violator will be deemed to have waived his/her right to a hearing before the Campus Judicial Committee unless a written request is received by the Dean of Student Services within seven (7) working days after the date of the notice advising the accused violator of  his/her rights as contained herein.

·         That the accused violator has the right to appeal the decision of the Campus Judicial Committee to the Dean of Student Services.

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

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

C. Sanctions for Violation of Student Conduct Standards

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

1. Written Reprimand - A written notice to the student that his or her actions violated the Standards of Student Conduct and that future incidents of misconduct may be cause for further disciplinary action.

2. Disciplinary Probation - A specified period of time during which the student is expected to demonstrate appropriate conduct as a member of the academic community.

 3.  Academic or Social Restriction - Exclusion from stated classes, facilities, services or activities for a specified period of time.

4. Restitution - Payment for damages to College property or the property of another.

5. Rehabilitative Referral - Referral to an accepted physician or mental health counselor for evaluation and, if indicated, treatment for a physical, mental or psychological condition or disorder.

6. Suspension - Temporary (5 days or less) withdrawal of the student’s right to attend classes or otherwise be present on College premises or to attend College functions, whether on campus or off campus.

7. Dismissal - Withdrawal of the privilege of registration, class attendance or activities on any campus of the College for an indefinite period of time.

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

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

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

Two (2) staff members, one (1) each appointed by the Dean of Instruction and the Dean of Student Services.

Delaware Technical & Community College’s Chief Legal Counsel, or his/her designee, who shall serve as the chairperson.

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

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

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

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

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

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

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

(posted on the web June 21, 2004)

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1. Residency status is determined during the time of the first registration
at the College and at the time of reactivation. Students whose in-state status under items 3 and 4 below changes will be charged out-of-state tuition upon their next registration at the College.

2. A student may have his/her residency status changed for a future
semester’s registration period if the student provides documentation that he/she has met the requirements in items 3 and 4 below.

3. A student 18 years of age or older is considered to be a Delaware
resident if one of the following conditions is met immediately prior to registration:

a. Delaware has been their domicile and continuous residence for at
least six (6) consecutive months;

b. They have been employed at least 30 hours per week in Delaware for at least six (6) consecutive months; or

c. They were dependents of their parent(s) or guardian(s), who meet the Delaware residency requirements in a. or b. above. The student
must have been a dependent, as defined by the Internal Revenue Service, in the tax year immediately preceding the current College
fiscal year. A copy of IRS Form 1040 or Form1040A, or a state income tax return showing the student is a dependent, is the only acceptable documentation.

4. Students who are minors (less than 18 years of age) are considered to be Delaware residents if their parents or guardians meet one of the following conditions immediately prior to registration:

a. Delaware has been their domicile and continuous residence for at
least six (6) months; or

b. They have been employed full-time in Delaware for at least six (6)
consecutive months.

a. Students who are permanent or temporary resident aliens are considered to be Delaware residents if they meet the residency requirements in items 3 and 4 above. The six-month time period of domicile and continuous residence may commence when the student has received an INS Form I-797 indicating receipt of an application for such immigration status.

b. A student who has sought the protection of the United States by
applying for refugee, asylee, parolee or temporary protected status
may be entitled to in-state status if such student
otherwise qualifies for in-state tuition based on six months
domicile and continuous residence in Delaware from the date of
the applicable INS Form I-797 or at least six (6) consecutive
month’s of full-time employment in Delaware immediately prior
to registration.

c. A student who is present in the United States and who has an
immigration status that does not require such student to
maintain a foreign domicile as a condition of immigration status
may acquire in-state status if such student otherwise meets the six
(6) month domicile and continuous residence and/or six (6)
consecutive month full-time employment in Delaware requirement
immediately prior to registration.

d. A student with an F, J or M visa or who otherwise must not abandon or has no intention of abandoning his or her residence in a foreign country will not be afforded in-state status.

6. Documentation establishing residency or Delaware employment shall be required for all new or reactivated students.

a. Documentation of residency shall require one of the following:

Delaware Driver’s License or Delaware Identification Card dated at least six months prior to registration;

• A copy of a Delaware Resident Income Tax Form in the name of the student or the student’s parent, legal guardian or spouse with whom the student resides listing a date of residency at least six months prior to registration;
  
  
• Copies of utility bills in the name of the student or the student’s parent, legal guardian or spouse with whom the student resides for six consecutive months prior to registration;
  
  
• A copy of a fully executed lease, HUD-1 Settlement Statement or deed in the name of the student or the student’s parent, legal guardian or spouse with whom the student resides dated at least six months prior to registration;
  
  
• Copies of bank statements in the name of the student or the student’s parent, legal guardian or spouse with whom the student resides for six consecutive months prior to registration and bearing a Delaware address (other than a post office box);
  
  
• Copies of official documents confirming the receipt of any type of social service from the State of Delaware or any political subdivision thereof (i.e., WIC benefits, food stamps, Medicaid, etc.) in the name of the student or the student’s parent, legal guardian or spouse with whom the student resides for six consecutive months prior to registration;

b. Documentation of Delaware employment shall require the following:

• Pay stubs or other official written confirmation from an employer demonstrating that the student or the student’s parent, legal guardian or spouse with whom student resides has worked an average of at least 30 hours per week during the six consecutive months prior to registration. A letter from the employer on the employer’s letterhead shall be sufficient; and
  
  
• IRS Form W-2 showing payment of Delaware income taxes or a copy of any state income tax return for the immediately preceding tax year showing the payment of income taxes to the State of Delaware.

7. Residency status shall be determined by the Registrar’s Office at
the student’s home campus. Chief Legal Counsel may approve the payment of in-state tuition based upon documentation that is not listed in Paragraph 6 when he or she determines that such documentation is authentic and represents proof of Delaware residency or employment.

8. This policy is primarily for tuition payment purposes and is not
applicable for determination of student financial aid eligibility.

9. Implementation details for this policy may be specified in the College’s
Manual of Procedural Guidelines.

10. Active duty military personnel and their dependents stationed in the
State of Delaware are exempt from the six-month residency requirement and are considered in-state residents for tuition purposes.

11. Contracts written with business or other groups sending their employees or members to the College may include a provision for the contracting party to be charged in-state tuition.

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DELAWARE TECHNICAL & COMMUNITY COLLEGE
BOARD OF TRUSTEES
RESOLUTION 04-02

WHEREAS, questions have arisen among the campuses concerning the documentation necessary to establish a student's qualification for in-state tuition under the language of the current residency policy ; and

WHEREAS, in order to ensure consistency in the interpretation and application of the College's tuition and residency policies among the various campuses, the Board endeavors to identify those documents which shall be required to qualify for in-state tuition based upon residency or employment, and to provide the President with authority to amend such list from time to time as the need arises.

NOW, THEREFORE, BE IT RESOLVED, that the residency policy is hereby amended in the manner set forth on Exhibit "A," attached hereto and incorporated by reference herein, which shall be effective beginning with the Fall, 2004 semester; and

BE IT FURTHER RESOLVED, that the President is hereby authorized and empowered to amend the list of documents required to establish Delaware residency or Delaware employment for purposes of the residency policy without subsequent Board approval.

(posted on the web 6/15/04)

Violence-Free College Policy

POLICY STATEMENT

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

PROHIBITED CONDUCT

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

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

* Causing or threatening to cause physical injury to another person

* Making threatening, abusive or harassing remarks

* Disorderly, aggressive or hostile behavior that creates a reasonable fear in another of injury or subjects another person to emotional distress; such conduct may include shouting, throwing or pushing objects, punching walls or slamming doors

* Intentionally causing damage to College property or to the property of an employee, student or visitor to the College while on College property or in connection with a College-sponsored activity

* Possession of a weapon or dangerous instrument or engaging in any other conduct in violation of the College Policy Prohibiting the Possession of Deadly Weapons, Dangerous Instruments or Devices

* Committing violent or hostile acts motivated by, or related to, race, age, color, national origin, sexual orientation, sex, disability, marital status, sexual harassment or domestic relationships.

PROCEDURES

I. Reporting Procedures

A. Immediate Threat Procedures

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

If possible,

* Remove yourself from danger

Otherwise,

* Remain calm

* Maintain eye contact

* Talk to the individual

* Cooperate as much as feasible

* Notify law enforcement authorities first and then the Public Safety Office as soon as possible.

B. Potentially Dangerous Threat Procedures

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

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

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

* discussion of weapons or bringing weapons onto College property or property used for College-sponsored activities

* displaying overt signs of extreme stress, resentment, hostility, paranoia or anger;

* intimidating, belligerent, harassing, bullying or threatening conduct;

* sudden or significant deterioration in performance; displaying irrational or disproportionately inappropriate behavior

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

C. Domestic Violence Procedures

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

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

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

II. Enforcement Procedures

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

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SCOPE

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

PROHIBITIONS

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

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

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

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

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

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

PROCEDURES

I. Reporting Procedures

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

If possible,

* Remove yourself from danger

Otherwise,

* Remain calm

* Maintain eye contact

* Talk to the individual

* Cooperate as much as feasible

* Notify law enforcement authorities first and then the Public Safety Office as soon as possible.


II. Enforcement Procedures

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

III. Exception Procedures

A member of any bona fide law enforcement agency present on College Property who is in compliance with any applicable departmental Policy pertaining to the possession of a weapon is excluded from the prohibitions contained in this Policy.

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

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

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Important Information for Financial Aid Recipients Regarding Financial Aid, Federal Regulations and Class Attendance

• Federal law requires that students who receive federal financial aid must attend the classes for which they are registered in order to receive financial aid payment. Students who never attend a class will not receive any federal financial aid relating to that class, even when withdrawing from the College by following the College's procedures for officially withdrawing.

• Each semester, your instructors will notify the Financial Aid Office at various times about any classes you are not attending. The table at the end of this memorandum indicates the dates the instructors will use to notify the Financial Aid Office.

• If your instructors indicate that you are not in attendance for a course, your financial aid will be adjusted downward. It is then possible that you will not have sufficient funds to pay your charges to the College, and you will be held responsible for making payment from your own resources.

• Not attending your class is equivalent to an unofficial withdrawal from that course.

• An unofficial withdrawal will affect your GPA and your enrollment status, thus affecting your eligibility for financial aid for the current semester and for future semesters.

• You will also be charged for that course, which means you are responsible for paying for a class which you are not attending. It is best to withdraw officially from any course that you can no longer attend. In this way, your charges will be minimized and it is possible that there will be no adjustment to your financial aid. Refer to the College Student Handbook for a description of drop/add and withdrawal procedures for classes you are no longer attending. You must follow these procedures to minimize or avoid financial aid penalties.

• The official withdrawal procedures do not pertain to classes that you never attend. If you have registered for a class and you will not be able to attend that class, you must drop the class before the first day of the semester. While this may reduce the amount of your financial aid payment for the semester, you will avoid any financial aid penalties and charges for tuition and fees for that class.

• If you receive a financial aid payment greater than what you are eligible for, you have received an overpayment of your award. Students who have overpayments will be responsible for charges to the College and for paying back to U. S. Department of Education any amount of that overpayment.

• The College is required to report overpayments of financial aid awards to the Department of Education. Until you pay back the amount of your overpayment, you may be ineligible for financial aid at any institution you attend.

• Best advice: register only for those classes you know you will attend. Officially withdraw from a class if you are unable to continue for some legitimate reason. This will minimize the damage to your financial aid status and may help you to continue receiving financial aid in the future, at Delaware Tech or at some other institution.

• Remember: it is important that you attend all your classes and complete them successfully or officially withdraw from any or all of your classes that you are attending to minimize or avoid financial aid penalties. Contact your advisor or counselor for assistance.

• Name
• Address
• Full- or Part-time Enrollment Status
  

Federal officials of the United States Department of Education are eligible under the terms of the Act to receive information without prior consent of the student. Any agency providing financial aid for the student's education, such as the Veterans Administration, is also entitled to access information.

Questions concerning FERPA should be referred to the Registrar's Office. Summation of the student's rights as outlined by FERPA includes, but is not limited to:

1. The right to inspect and review information contained in educational records.

2. The right to challenge the contents of the educational records.

3. The right to a hearing if the outcome of the challenge is unsatisfactory.

4. The right to submit an explanatory statement for inclusion in the educational record if the outcome of the hearing is unsatisfactory.

5. The right to prevent disclosure of personally identifiable information.


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All users of the College electronic networks must:

* Comply with all federal, state, and other applicable laws; all applicable Delaware Technical and Community College policies and procedures; and all applicable contracts and licenses. These laws, policies, and licenses include, but are not limited to, the areas of libel, copyright, privacy, obscenity, and child pornography; the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act, which prohibit unauthorized "hacking", "cracking", and other similar acts The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Ac of 2001 (USA PATRIOT ACT) which authorizes electronic eavesdropping; the College Personnel Policy Manual, which includes the College's Policy Statement on Sexual Harassment and Conduct and Corrective Action; the College's Student Rights and Responsibilities policy, the State of Delaware Acceptable Use Policy; and all applicable computer contracts and software licenses, which prohibit the distribution of "warez" (copyrighted software).

* Utilize only those electronic resources authorized by the College and use those resources in the manner and to the extent of that authorization. All accounts assigned to users are non-transferable. All accounts and passwords must be kept confidential and may not be released to or shared with any other party other than those authorized by the College. A user's ability to access College networks, resources, and accounts do not imply authorization to do so. It is the responsibility of users to secure all necessary and proper authorizations before proceeding on College systems.

* Refrain from using College resources for any commercial activities or for personal financial purposes. These restrictions include, but are not limited to, conducting a business enterprise from the system, sending commercial advertising messages, or solicitations for non-College related organizations from the system.

* Utilize all electronic and computing resources efficiently. The College reserves the right to monitor usage and content, restrict and/or prohibit excessive non-academic or non-work related use of the network for downloading or transferring files or to impose or to apply other limitations or restrictions on computing resources such as time limits, storage space or amount of particular resources consumed by users to ensure legal and effective administration of the systems and fair access for all users.

* Refrain from stating or implying that they speak on behalf of or represent Delaware Technical and Community College without proper authorization to do so. This prohibition includes use of the College logo in computer communications. Use of College computing and electronic networks and affiliation with College programs does not imply authorization to represent the College to outside organizations. Use of the official College logo or seal on College electronic resources may only be authorized, in advance, by the Vice President and Campus Director at the campuses and by the President for the Office of the President or when applicable to college-wide projects.

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

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

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

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

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

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

a) using foul, profane, obscene, offensive or defamatory language

b) sending copies of documents or using materials in violation of copyright laws

c) using the system to harass, intimidate, or interfere with the employment duties or learning process of others

d) attempting unauthorized access to the email system, attempting to breach security measures on any external email system, or attempting to intercept electronic mail communications

e) attempting to access, disrupt, or destroy the College's or other computer systems or files malicious code attacks or other means

f) using the system for personal financial gain, outside commercial venture, or illegal activity or for any activity that violates a State, local or federal law or regulation or constitutes a violation of this Policy or an other College policy

g) forwarding chain letters and sending mass electronic mailings or using the system for open mail relay; individual users may request prior permission from the systems administrator to send electronic mailings to more than 100 recipients on a case by case basis.

h) excessive non-academic or non-work related use of the network for downloading, sharing or transferring large files

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

For the purpose of enforcing this policy, the "systems administrators" are: the Assistant Vice President for Computer Services & Information Systems and the Assistant Vice President for Statewide Technical Services, or their official designees.

Any questions regarding this policy should be directed to: the Assistant Vice President for Computer Services & Information Systems, the Assistant Vice President for Statewide Technical Services, or the Chief Legal Counsel and Associate Vice President for Human Resources.

(Added Board of Trustees 9/19/1998; Amended Board of Trustees, 4/16/2002)

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