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Collegewide Policies

Statement of Nondiscrimination Policy

It is the policy of the College that no person shall, on the basis of race, color, creed, sex, national origin, age disability, sexual orientation (defined exclusively as heterosexuality, homosexuality, or bisexuality), or genetic information be subjected to any discrimination prohibited by the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended; Americans with Disabilities Act, as amended; Section 504 of the Rehabilitation Act of 1973; Title IX of the Educational Amendments of 1972; the Genetic Information Nondiscrimination Act of 2008 and other applicable laws, regulations and Executive Orders. This policy applies to recruitment, employment and subsequent placement, training, promotion, compensation, continuation, probation, discharge and other terms and conditions of employment over which the College has jurisdiction as well as to all educational programs and activities.

The College has designated a Civil Rights Coordinator, who serves as the College’s Title IX Coordinator and the College’s ADA/Section 504 Coordinator, to carry out its commitment to equal opportunity and nondiscrimination.  Inquiries or complaints by students or employees regarding the College’s nondiscrimination policies may be addressed to: 

Barbara Mignon Weatherly, Esq.
Civil Rights Coordinator, Office of the President
P.O. Box 897
Dover, DE 19903
(302) 857-1903
civilrights@dtcc.edu

Procedure for the Resolution of Discrimination Complaints Against a Student

Introduction

It is the policy of the College that no student shall be subject to unlawful discrimination in the educational programs and activities over which the College has jurisdiction.  The College does not tolerate discriminatory conduct and is firmly committed to resolving complaints of discrimination in a prompt and equitable manner.

As a result, the College has adopted the following procedures to provide an internal mechanism to resolve complaints of discrimination. These procedures shall be utilized whenever a student is accused of engaging in discriminatory conduct in violation of the College’s Statement of Nondiscrimination Policy. However, complaints against another student or employee for violating the College’s Policy Statement on Student Sexual Harassment or the College’s Policy on Employee Sexual Harassment, respectively, shall be reviewed under those procedures. In addition, student complaints pertaining to academic accommodations shall be reviewed under the College’s Guide to Requesting Academic Accommodations and/or Auxiliary Aids. Furthermore, complaints made against an employee who is accused of violating the College’s Statement of Nondiscrimination Policy shall be reviewed under the Procedure for the Resolution of Discrimination Complaints Against an Employee as contained in Section XIII of the College’s Personal Policy Manual.    

No individual shall be subject to retaliation at any time for making a complaint of discrimination or for participating in these procedures. It is a violation of College policy for any member of the College community to retaliate against the Complainant, any individual who participates in any discrimination investigation or proceeding, or against the Respondent who has been accused of engaging in discrimination. While all discrimination allegations will be reviewed in accordance with these procedures, the College community is advised that a claim of discrimination is not proof of prohibited conduct. Anyone who believes that he/she has been subject to retaliation arising from discrimination allegations is encouraged to report such behavior to a College official as set forth below. Accusations of retaliatory conduct are subject to disciplinary action, up to and including dismissal from the College.

Making a false or malicious accusation of discrimination and/or retaliation is also prohibited by the College. A student who is found to have made an allegation of discrimination against another student or employee that is intentionally false, or made in reckless indifference or disregard for the truth, shall be subject to disciplinary action, up to the College’s Student Rights and Standards of Student Conduct Policy and the disciplinary action set forth therein, up to and including dismissal from the College.

Additionally, at any stage of these procedures, the Dean of Student Affairs at the campus where the alleged discrimination and/or retaliation is alleged to have occurred (hereinafter the ”Dean”) shall have the authority to take any and all reasonable steps necessary to protect all parties involved under these procedures from further discriminatory conduct and/or retaliation. The occurrence or non-occurrence of any protective measure initiated by the Dean is neither an indicia of guilt nor innocence under these procedures. Any such steps taken by the Dean to protect members of the College community from further discriminatory conduct and/or retaliation shall be final pending the resolution of the allegation as set forth under these procedures. 

Furthermore, these procedures, and all aspects thereof, will be kept confidential to the maximum extent provided by state and federal law, including, but not limited to, the Family Educational Rights and Privacy Act (“FERPA”). The College will take all reasonable steps to investigate and respond to complaints in a confidential manner. Complainants, however, are advised that the College’s ability to investigate and to respond to complaints may be limited in circumstances where the Complainant does not wish to disclose his or her identity.   The College reserves the right to notify law enforcement authorities about allegations of discrimination upon reasonable belief that such incidents rise to the level of criminal activity. The use of these procedures does not preclude a Complainant from seeking recourse through the appropriate state or federal criminal law enforcement agencies at any time.

Reporting Procedures 

The College encourages any student who believes that he/she has been subjected to discrimination to report the offensive conduct to a College official as soon as possible. For purposes of these procedures, a College official shall include any faculty member, academic counselor, administrator, or Public Safety Officer on the campus where the conduct is alleged to have occurred. Students may also contact the College’s Civil Rights Coordinator to report incidents of alleged discrimination.

The College’s Civil Rights Coordinator shall be notified of all claims of discrimination as soon as reasonably practical.   The Civil Rights Coordinator shall promptly appoint a Civil Rights Review Officer (“Review Officer”) from the campus where the conduct is alleged to have occurred to investigate the claim. The Review Officer shall advise the alleged offender that a complaint of discrimination has been filed against him/her and explain the College’s prohibition against retaliation. The Review Officer shall document receipt of the complaint by letter or other written communication to the alleged offender and to the Complainant, a copy of which shall also be provided to the Dean and to the College’s Civil Rights Coordinator. The Review Officer shall investigate the complaint to determine whether or not there are sufficient grounds to support a charge of discrimination as set forth in the College’s Statement of Nondiscrimination Policy. The Review Officer shall encourage and/or assist the Complainant to reduce his/her claims to writing, which shall serve as the basis for the complaint of discrimination. Whenever possible, the investigation shall include interviews with both parties involved in the complaint and/or may include interviews with individuals who may have observed the alleged conduct or may have relevant knowledge of the incident. The Review Officer shall also have access to such written documents in the possession of the College, including student records, that he/she believes may contain relevant information or which may lead to the discovery of relevant information.

The Review Officer shall make a written determination regarding whether or not sufficient evidence exists which, if true, would constitute discriminatory conduct in violation of the College’s Statement of Nondiscrimination Policy. All evidence shall be viewed by the Review Officer in the light most favorable to the Complainant when making the determination of whether or not a claim has been stated or substantiated. The determination shall be made within ten (10) working days following the Review Officer’s appointment, include the grounds and findings upon which the determination was based, and be delivered to the parties, the Dean, and to the College’s Civil Rights Coordinator. In extenuating circumstances, including but not limited to those incidents that require evidence gathering by law enforcement officials, the Review Officer may extend the ten (10) working day deadline to make the determination. The parties, as well as the Civil Rights Coordinator, shall be notified in writing by the Review Officer about the reasons for the delay and the time frame in which the determination shall be made. 

The Complainant may appeal a determination that insufficient evidence exists to support a claim of discrimination to the Civil Rights Coordinator. An appeal must be submitted in writing within ten (10) working days following the date of the Review Officer’s determination. The decision of the Civil Rights Coordinator regarding the sufficiency of the allegations, or the evidence in support thereof, shall be final.

In the event the Civil Rights Coordinator determines that further proceedings are warranted, the Complainant shall be offered the opportunity to mediate the claim or to have the matter submitted to the Discrimination Review Committee for a hearing.

Note: Mediation is not required to resolve a complaint of discrimination. The Complainant may end mediation at any time in favor of a hearing before the Discrimination Review Committee.

Mediation

Mediation is an informal and confidential way for the parties to resolve the complaint with the help of the Review Officer. The Review Officer will not decide who is right or wrong or issue a decision. Instead, the Review Officer will help the parties work out their own voluntary solution to the complaint.

Mediation should begin as soon as reasonably practical following an election by the Complainant but in no event greater than 10 working days absent agreement by the Complainant or extenuating circumstances that make commencement of the process impractical within the 10 day limit. Except as limited by the foregoing, in the event efforts to mediate do not begin within 10 working days, then the matter shall proceed to a hearing before the Discrimination Review Committee. Examples of such mediated options include, but are not limited to:

A.    One or more meetings between the Complainant and the Respondent, mediated by the Review Officer, to discuss and resolve the complaint of discrimination to the satisfaction of both parties.  

B.    In the event that the Complainant does not wish to confront the Respondent, one or more meetings in which the Review Officer meets separately with the Complainant and the Respondent to discuss options to resolve the matter. The Review Officer shall notify the parties in writing if a settlement is reached, and shall attach a proposed form of agreement for signature. The failure or refusal of a party to execute the agreement within a reasonable time shall result in the matter proceeding to a hearing before the Discrimination Review Committee.

C.    An agreement between the parties and delivered in writing to the Review Officer containing: 1) a statement describing the allegation of discrimination and requesting that such alleged conduct stop, signed by the Complainant; and 2) and acknowledgement of the complaint without admission of guilt and affirmation that the Complainant will not be subjected to discriminatory conduct in the future, signed by the Respondent. 

Mediation may be discontinued: at any time by the Complainant; by the Review Officer, when he/she feels that further efforts will be non-productive; or when a voluntary agreement has been reached. The Review Officer shall prepare a written report documenting the success or failure of mediation to the Civil Rights Coordinator, the Dean, and the parties. If the mediation results in a voluntary settlement, a copy of the agreement, signed by the parties, shall be included, together with a statement that the College considers the matter to be closed. In the event that mediation resolves the matter, all documentation arising out of the allegation of discrimination, including the mediation agreement shall be separated from the student’s educational file.   In the event mediation is unsuccessful, the matter shall proceed to a hearing before the Discrimination Review Committee.

Discrimination Review Committee Hearing

A Discrimination Review Committee shall hear and determine claims of discrimination against a student in situations where mediation is not available, unsuccessful, or declined by the Complainant. The Committee shall consist of the Civil Rights Coordinator, who shall serve as the Committee Chairperson, one Civil Rights Review Officer who was not involved in the investigation of the allegation, and the Dean. The College Civil Rights Coordinator shall provide written notice to the parties of the date, time and place for the hearing before the Discrimination Review Committee. Such notice shall also include the following:

  1. A copy of the complaint or a summary of the allegations;
  2. A copy of the Review Officer’s report; and
  3. A summary of the rules that will govern how the hearing will be conducted.

Absent extenuating circumstances, or an agreement by the parties, the hearing shall take place within ten (10) working days following receipt of notification from the Review Officer that mediation was unsuccessful, unavailable or declined by the Complainant. The role of the Committee shall be to hear and consider testimony and other relevant, reliable evidence and make findings of fact related thereto. In addition, the Committee shall be charged with determining by a preponderance of the evidence whether or not a violation of the College’s Statement of Nondiscrimination Policy has occurred. 

The Committee shall submit a written report to the parties setting forth its findings of fact and its determination as to whether a violation of the College’s Statement of Nondiscrimination Policy has occurred within five (5) working days following the conclusion of the hearing. In the event a violation is found to have occurred, the report shall also include a recommendation of appropriate relief and/or disciplinary action, up to and including dismissal from the College.  

The Committee’s decision may be appealed by either party to the Vice President and Campus Director at the campus where the conduct is alleged to have occurred (hereinafter the “Campus Director”). The Committee’s decision shall be final unless a timely appeal is made by one or both parties. A recommendation that the Respondent be dismissed from the College shall automatically be reviewed by the Campus Director.

Either party may appeal the Committee’s decision, or any recommended relief and/or disciplinary action contained therein. All appeals shall be made in writing and delivered to the Civil Rights Coordinator within ten (10) working days following the date of the Committee’s decision. The Campus Director’s decision to affirm, deny, or modify the Committee’s recommendations and determinations shall be based upon the record of the proceedings made by the Discrimination Review Committee.   All such decisions by the Campus Director are final and shall be delivered in writing to the parties within ten (10) working days following receipt of the appeal.  

In the event that a violation of the College’s Statement of Nondiscrimination Policy is determined through the hearing process, all documentation arising out of the allegation of discrimination, including any and all resulting disciplinary action imposed to resolve the matter, shall be maintained in the student’s educational file.

Collegewide Diversity Statement

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

Cell Phone and Electronic Device Policy

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

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

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

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

Acceptable Use of Electronic Networks Policy

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

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

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

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

All users of the College electronic networks must:
Comply with all federal, state, and other applicable laws; all applicable Delaware Technical 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 Act of 2001 (USA PATRIOT ACT) which authorizes electronic eavesdropping; the College Personnel Policy Manual, which includes the College's Policy Statement on Sexual Harassment and Conduct and Corrective Action; the College's Student Rights and Responsibilities policy, the State of Delaware Acceptable Use Policy; and all applicable computer contracts and software licenses, which prohibit the distribution of "warez" (copyrighted software).

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

Refrain from using College resources for any commercial activities or for personal financial purposes. These restrictions include, but are not limited to, conducting a business enterprise form 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 nonacademic 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 Affairs 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)

Behavioral Intervention and Threat Assessment

Background and Purpose

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

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

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

CARE Team Coordinator

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

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

CARE Team

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

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

Campus Awareness Response and Evaluation Process and Protocol

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

    If an incident occurs that results in physical harm to an individual, damage to property, involves the possession of a weapon, or poses an imminent danger to person or property, employees should remove themselves and students from the immediate danger and immediately contact Public Safety or call 911 in accordance with the DTCC Violence Free policy.

  2. The CTC will conduct a preliminary inquiry to determine the level of risk to campus safety. Upon request of the CTC, the CC will assist with this initial inquiry. The CTC will report the initial results and recommendations of the inquiry to the Dean of Student Affairs or his or her designee for review and approval. This inquiry will begin within one business day of initial notification and every effort will be made to complete the inquiry within three business days. In the event that the TAC determines that it is necessary to protect the safety of an individual (s) or the campus community, the TAC is authorized to ask the student to leave campus or have them removed by Public Safety or local law enforcement. In the event that the inquiry determines that an individual poses an elevated or higher risk to the safety of an individual (s) or the campus community, Dean of Student Affairs is authorized to suspend the student from classes and college activities pending the outcome of the CARE Team inquiry.   The Dean of Student Affairs shall inform the Campus Director of the results of the initial inquiry.

  3. If it is determined through the initial inquiry that a moderate or higher level threat risk may exist, the CTC will activate the CARE Team. The CARE Team shall endeavor to meet within three (3) business days to conduct such additional threat assessment as determined to be necessary and recommend an appropriate course of action including the development and implementation of crisis management and intervention protocols. The CTC shall report the CARE Team’s findings and recommendations to the Campus Director or his or her designee within one (1) business day after development thereof for the Campus Director’s review and approval. A copy of the findings and recommendations shall also be forwarded to the College’s Chief Legal Counsel.

  4. In situations where an individual is found to be in violation of either the College’s Violence Free Policy or the College’s Policy Prohibiting Deadly Weapons and Dangerous Instruments, the CTC will initiate the threat assessment process as set forth above.

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

Threat Assessment Recommendations and Consequences

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

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

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

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

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

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

Confidentiality

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

FERPA

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

Non-Retaliation and False Claims

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

Other College Policies

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

Policy Regarding Communicable Diseases

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

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

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

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

Drug-Free School and Workplace Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

Violation

Minimum Penalties

1. Unlawful possession, use or consumption of a controlled substance or a counterfeit controlled substance, in an amount that is typical of immediate personal use.

Employee: Three days suspension without pay and/or participation in drug abuse program.
Student: Three days suspension from classes and/or rehabilitative referral to a drug abuse program

2. Unlawful possession or use of a hypodermic syringe or of drug paraphernalia.

Employee: Three days suspension without pay and/or participation in drug abuse program.
Student: Three days suspension from classes and/or rehabilitative referral to a drug abuse program

3. Second offense of violation 1 or 2 above.

Employee: One month suspension without pay and mandatory participation in drug abuse program.
Student: One month suspension from classes and mandatory participation in drug abuse program.

4. Third offense of violations 1 and/or 2.

Employee: Termination.
Student: Expulsion

5. Unlawful possession of a controlled substance or a counterfeit controlled substance, in an amount which is beyond that typical for immediate personal use.

Employee: One month suspension without pay and mandatory participation in drug abuse program.
Student: One month suspension from classes and mandatory participation in drug abuse program.

6. Unlawful delivery or distribution of a hypodermic syringe.

Employee: One month suspension without pay and mandatory participation in drug abuse program.
Student: One month suspension from classes and mandatory participation in drug abuse program.

7. Unlawful delivery, distribution, or manufacture of drug paraphernalia.

Employee: One month suspension without pay and mandatory participation to drug abuse program.
Student: One month suspension from classes and mandatory participation in drug abuse program.

8. Unlawful delivery or distribution of a controlled substance, of a counterfeit controlled substance or of a noncontrolled substance under the representation that the substance is a narcotic or non-narcotic controlled substance in an amount that is typical for immediate personal use.

Employee: One month suspension without pay and mandatory participation in drug abuse program.
Student: One month suspension from classes and mandatory participation in drug abuse program.

9. Unlawful delivery or distribution of a controlled substance, of a counterfeit controlled substance or of a noncontrolled substance under the representation that the substance is a narcotic or nonnarcotic controlled substance in an amount which is beyond that which is typical for immediate personal use.

Employee: Three month suspension without pay and mandatory participation in drug abuse program.
Student: Three month suspension from classes and mandatory participation in drug abuse program.

10. Second offense of violations 5 through 9.

Employee: Termination.
Student: Expulsion.

11. Unlawful delivery or distribution to a minor of a hypodermic syringe, of drug paraphernalia, or of any amount of a controlled substance, a counterfeit controlled substance, or a noncontrolled substance under the representation that the substance is a narcotic or nonnarcotic controlled substance.

Employee: Termination
Student: Expulsion

12. Aggravated Possession or Trafficking as defined under state or federal law.

Employee: Termination
Student: Expulsion

13. Failure to report conviction pursuant to section (b) of this Policy.

Employee: Termination
Student: Expulsion

14. Intoxication from use of alcohol.

Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination.
Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.

15. Unauthorized and/or unlawful possession or use of intoxicating beverages.

Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination.
Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.

16. Unauthorized and/or unlawful sale or other transfer of intoxicating beverages.

Employee: Up to five days suspension without pay and/or participation in alcohol self-help program. Subsequent violations may result in termination.
Student: Up to five days suspension from classes and/or rehabilitative referral. Subsequent violations may result in expulsion.

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

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

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

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

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

Family Educational Rights and Privacy Act of 1974, As Amended

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

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

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

    If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

  3. The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. Some, but not all, of the exceptions are explained in this notice.

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

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

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

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

    Delaware Technical Community College defines directory information as follows:

    • Name
    • Address
    • College E-mail Address
    • Field of Study
    • Full- or Part-time Enrollment Status
    • Dates of Attendance
    • Degrees and Awards
    • Honors (President's List, Dean's List, Academic Recognition, and Honor Societies)
    • Participation in Officially Recognized Activities and
    • Sports
    • Date of Birth
    • Most Recent Previous High School Attended
    • Weight and Height of Athletes
    • Photograph*

    *Use of Student Photographs: Photographers employed or contracted by the College regularly take photographs of students to illustrate or describe various aspects of the College and campus life. These photographs will be taken at public venues such as athletic events, concerts
    and graduation, and/or in other organized campus photo shoots where the subjects will have given verbal consent to be photographed. Individuals who are photographed while attending a public event or who verbally agree to participate in a photo shoot will be understood to have authorized Delaware Technical Community College to use their likeness in print and electronic materials to promote the College. The College will retain the usage rights to the photographs in perpetuity.

  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

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

Hazardous Chemical Information Act

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

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

Immunization Policy

All entering students must provide evidence of immunization to measles, mumps, and rubella on or before the first day of classes. The appropriate sections of a medical form must be completed and signed by a physician to verify immunization.

Verification may be completed through any one of the following documentation processes:

  1. Proof that you were born prior to Jan. 1, 1957.
  2. A physician's documentation of vaccination with the date for each dose of vaccine.
  3. A physician's confirmation of a laboratory test (blood test) indicating evidence of appropriate
    antibodies for each of the diseases.
  4. A physician's confirmation of the student having had the disease.
Tobacco-Free Policy

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

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

Policy Prohibiting Deadly Weapons and Dangerous Instruments or Devices

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

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

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

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

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

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

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

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

Procedures

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

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

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

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

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

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

Violence-free College Policy

Policy Statement

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

Prohibited Conduct

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

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

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

Procedures

I. Reporting Procedures

A. Immediate Threat Procedures

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

If possible,

  • Remove yourself from danger

Otherwise,

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

B. Potentially Dangerous Threat Procedures

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

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

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

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

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

C. Domestic Violence Procedures

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

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

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

II. Enforcement Procedures

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

Policy Statement On Student Sexual Harrassment

All students have a right to attend the College in an environment that is free of discrimination and sexual harassment. Therefore, it is the policy of the College that no student may sexually harass another member of the College community while present on any property owned or controlled by the College or while participating in any College-related activity or event.

Unwelcome sexual advances, requests for sexual favors, and other verbal, written, or physical conduct of a sexual nature constitute sexual harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education; or
  2. Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or
  3. If non-physical, such conduct is so severe, pervasive, and objectively offensive that the victim is effectively denied equal access to the College’s resources and opportunities.

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

The College is also committed to the principles of free expression and academic freedom. Delaware Tech encourages academic exploration and recognizes that our campuses contribute to the marketplace of ideas. Consistent with the College’s academic mission, this Student Sexual Harassment Policy is not intended to restrict student speech protected by the First Amendment to the Constitution in the academic setting. However, non-physical expressive activity that is so severe, pervasive, and objectively offensive that the victim is effectively denied equal access to the College’s resources and opportunities is not legally protected and does not promote free inquiry on our campuses.

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

  1. Unwelcome sexual advances, requests for sexual favors, or other  non-physical conduct of a sexual nature;
  2. Sexually explicit statements, comments, questions, pictures, objects, jokes, or anecdotes;
  3. Unwelcome use of the electronic mail or telephone communication system to communicate prohibited conduct or activities; or
  4. Graphic comments about a person’s clothing or body.

However, physical conduct, such as unwelcome touching, patting, hugging, and sexual assault, is not protected under free speech principles and need not be repeated in order to constitute sexual harassment. Thus, physical conduct of a sexual nature results in sexual harassment when it is unwelcome, intentional, and so severe and/or pervasive that it denies the victim equal access to the College’s resources and opportunities under the circumstances presented.

Sexual harassment is a violation of the Student Rights and Standards of Student Conduct Policy and will not be tolerated by the College. Sexual harassment complaints involving a student will be resolved according to the Procedure for the Resolution of Student Sexual Harassment Complaints as contained in the Student Handbook.

Any student that violates this Policy will be subject to disciplinary action including, but not limited to, dismissal from the College. In addition, the College reserves the right to notify law enforcement authorities of incidents of sexual harassment alleged to have occurred on any property owned or controlled by the College or during any College-related activity or event upon reasonable belief that such incidents rise to the level of criminal activity.

Procedure For The Resolution Of Student Sexual Harassment Complaints

It is the policy of the College that no student may sexually harass another member of the College community while present on any property owned or controlled by the College or while participating in any College-related activity or event. The College does not tolerate sexual harassment and is firmly committed to resolving sexual harassment complaints in a prompt and equitable manner.

As a result, the College has adopted the following procedures to provide an internal mechanism to resolve sexual harassment complaints. These procedures shall be utilized whenever a student is accused of sexual harassment by another student, employee, or third party in violation of the College’s Policy Statement on Student Sexual Harassment.    Employees who are accused of sexually harassment by a student shall be subject to the Procedure for the Resolution of Sexual Harassment Complaints Against An Employee as contained in Section XIII of the College’s Personal Policy Manual.

No individual shall be subject to retaliation at any time for making a claim of sexual harassment or for participating in these procedures. It is a violation of College policy for any member of the College community to retaliate against the Complainant, any individual who participates in any sexual harassment investigation or proceeding, or against the Respondent who has been accused of engaging in sexual harassment. While all sexual harassment allegations will be reviewed in accordance with these procedures, the College Community is advised that a claim of sexual harassment is not proof of prohibited conduct. Anyone who believes that he/she has been subject to retaliation arising from sexual harassment allegations is encouraged to report such behavior to a College official as set forth below. Students accused of engaging in retaliatory conduct shall be subject to the College’s Student Rights and Standards of Student Conduct Policy and the disciplinary action set forth therein, up to and including dismissal from the College.

Making a false or malicious accusation of sexual harassment and/or retaliation is also prohibited by the College. A student who is found to have made an allegation of sexual harassment against another student or employee that is intentionally false, or made in reckless indifference or disregard for the truth, shall be subject to the College’s Student Rights and Standards of Student Conduct Policy and the disciplinary action set forth therein, up to and including dismissal from the College.

Additionally, at any stage of these procedures, the Dean of Student Affairs at the campus where the alleged sexual harassment and/or retaliation is alleged to have occurred (hereinafter the “Dean”) shall have the authority to take any and all reasonable steps necessary to protect all parties involved under these procedures from harassment and retaliation. The occurrence or non-occurrence of any protective measure initiated by the Dean is neither an indicia of guilt nor innocence under these procedures. Any such steps taken by the Dean to protect members of the College community from harassment and retaliation shall be final pending the resolution of the allegation as set forth under these procedures.

Furthermore, these procedures, and all aspects thereof, will be kept confidential to the maximum extent provided by state and federal law, including, but not limited to, the Family Educational Rights and Privacy Act (“FERPA”). The College will take all reasonable steps to investigate and respond to complaints in a confidential manner. Complainants, however, are advised that the College’s ability to investigate and to respond to complaints may be limited in circumstances where the Complainant does not wish to disclose his or her identity.   The College reserves the right to notify law enforcement authorities about allegations of sexual harassment upon reasonable belief that such incidents rise to the level of criminal activity. The use of these procedures does not preclude a Complainant from seeking recourse through the appropriate state or federal criminal law enforcement agencies at any time. College personnel will assist the Complainant in notifying these authorities in the event that the Complainant requests such assistance.

Reporting Procedures 

The College encourages any student who believes that he/she has been a victim of sexual harassment at the College to report the offensive conduct to a College official as soon as possible. For purposes of these procedures, a College official shall include any faculty member, academic counselor, administrator, or Public Safety Officer on the campus where the conduct is alleged to have occurred. Students may also contact the College’s Civil Rights Coordinator to report incidents of alleged sexual harassment.

The College’s Civil Rights Coordinator shall be notified of all claims of sexual harassment involving a student as soon as reasonably practical.   The Civil Rights Coordinator shall promptly appoint a Sexual Harassment Review Officer (“Review Officer”) from the campus where the conduct is alleged to have occurred to investigate the claim. The Review Officer shall advise the alleged offender that a complaint of sexual harassment has been filed against him/her and explain the College’s prohibition against retaliation. The Review Officer shall document receipt of the complaint by letter or other written communication to the alleged offender and to the Complainant, a copy of which shall also be provided to the Dean and to the College’s Civil Rights Coordinator. The Review Officer shall investigate the complaint to determine whether or not there are sufficient grounds to support a charge of sexual harassment as set forth in the College’s Policy Statement on Student Sexual Harassment. The Review Officer shall encourage and/or assist the Complainant to reduce his/her claims to writing, which shall serve as the basis for the complaint of sexual harassment. Whenever possible, the investigation shall include interviews with both parties involved in the complaint and/or may include interviews with individuals who may have observed the alleged conduct or may have relevant knowledge of the incident. The Review Officer shall also have access to such written documents in the possession of the College, including student records, that he/she believes may contain relevant information or which may lead to the discovery of relevant information.

The Review Officer shall make a written determination regarding whether or not sufficient evidence exists which, if true, would constitute sexual harassment. All evidence shall be viewed by the Review Officer in the light most favorable to the Complainant when making the determination of whether or not a claim has been stated or substantiated. The determination shall be made within ten (10) working days following the Review Officer’s appointment, include the grounds and findings upon which the determination was based, and be delivered to the parties, the Dean, and the College’s Civil Rights Coordinator. In extenuating circumstances, including but not limited to those incidents that require evidence gathering by law enforcement officials, the Review Officer may extend the ten (10) working day deadline to make the determination. The parties, as well as the Civil Rights Coordinator, shall be notified in writing by the Review Officer about the reasons for the delay and the time frame in which the determination shall be made. 

The Complainant may appeal a determination that insufficient evidence exists to support a claim of sexual harassment to the Civil Rights Coordinator. An appeal must be submitted in writing within ten (10) working days following the date of the Review Officer’s determination. The decision of the Civil Rights Coordinator regarding the sufficiency of the allegations, or the evidence in support thereof, shall be final.

In the event the Civil Rights Coordinator determines that further proceedings are warranted, the Complainant shall be offered the opportunity to mediate the claim or to have the matter submitted to the Dean for a Sexual Harassment Review Committee Hearing.           

Note:   Mediation is not required to resolve a sexual harassment complaint. The Complainant may end mediation at any time in favor of a Sexual Harassment Review Committee Hearing. In addition, mediation is not available to resolve claims involving allegations of sexual violence as defined by state and/or federal law.

Mediation

Mediation is an informal and confidential way for the parties to resolve the complaint with the help of the Review Officer. The Review Officer will not decide who is right or wrong or issue a decision. Instead, the Review Officer will help the parties work out their own voluntary solution to the complaint.

Mediation should begin as soon as reasonably practical following an election by the Complainant but in no event greater than 10 working days absent agreement by the Complainant or extenuating circumstances that make commencement of the process impractical within the 10 day limit. Except as limited by the foregoing, in the event efforts to mediate do not begin within 10 working days, then the matter shall proceed to a Sexual Harassment Review Committee Hearing. Examples of such mediated options include, but are not limited to:

A.    One or more meetings between the Complainant and the Respondent, mediated by the Review Officer, to discuss and resolve the alleged sexual harassment to the satisfaction of both parties. 

B.    In the event that the Complainant does not wish to confront the Respondent, one or more meetings in which the Review Officer meets separately with the Complainant and the Respondent to discuss options to resolve the matter. The Review Officer shall notify the parties in writing if a settlement is reached, and shall attach a proposed form of agreement for signature. The failure or refusal of a party to execute the agreement within a reasonable time shall result in the matter proceeding to a Sexual Harassment Review Committee Hearing.

C.    An agreement between the parties and delivered in writing to the Review Officer containing: 1) a statement describing the alleged sexual harassment and requesting that such alleged conduct stop, signed by the Complainant; and 2) and acknowledgement of the complaint without admission of guilt and affirmation that the Complainant will not be the subject of sexual harassment in the future, signed by the Respondent. 

Mediation may be discontinued: at any time by the Complainant; by the Review Officer, when he/she feels that further efforts will be non-productive; or when a voluntary agreement has been reached. The Review Officer shall prepare a written report documenting the success or failure of mediation to the Civil Rights Coordinator, the Dean, and the parties. If the mediation results in a voluntary settlement, a copy of the agreement, signed by the parties, shall be included, together with a statement that the College considers the matter to be closed. In the event that mediation resolves the matter, all documentation arising out of the allegation of sexual harassment, including the mediation agreement shall be separated from the student’s educational file.   In the event mediation is unsuccessful, the matter shall proceed to a Sexual Harassment Review Committee Hearing.

Sexual Harassment Review Committee Hearing

A Sexual Harassment Review Committee shall hear and determine claims of sexual harassment against a student in situations where mediation is not available, unsuccessful, or declined by the Complainant. The Committee shall consist of the Civil Rights Coordinator, who shall serve as the Committee Chairperson, one Sexual Harassment Review Officer on the campus who was not involved in the investigation of the allegation; and the Dean.

The College Civil Rights Coordinator shall provide written notice to the parties of the date, time, and place for the Sexual Harassment Review Committee hearing. Such notice shall also include the following:

  1. A copy of the complaint or a summary of the allegations;
  2. A copy of the Review Officer’s report; and
  3. A summary of the rules that will govern how the hearing will be conducted.

Absent extenuating circumstances, or an agreement by the parties, the hearing shall take place within ten (10) working days following receipt of notification from the Review Officer that mediation was unsuccessful, unavailable or declined by the Complainant. The role of the Committee shall be to hear and consider testimony and other relevant, reliable evidence and make findings of fact related thereto. In addition, the Committee shall be charged with determining by a preponderance of the evidence whether or not a violation of the College’s Policy Statement on Student Sexual Harassment has occurred. 

The Committee shall submit a written report to the parties setting forth the findings of fact and its determination as to whether a violation of the College’s Policy Statement on Student Sexual Harassment has occurred within five (5) working days following the conclusion of the hearing. In the event a violation is found to have occurred, the report shall also include a recommendation of appropriate relief and/or disciplinary action, up to and including dismissal from the College.  

The Committee’s decision may be appealed by either party to the Vice President and Campus Director at the campus where the conduct is alleged to have occurred (hereinafter the “Campus Director”). The Committee’s decision shall be final unless a timely appeal is made by one or both parties. A recommendation that the Respondent be dismissed from the College shall automatically be reviewed by the Campus Director.

Either party may appeal the Committee’s decision, or any recommended relief and/or disciplinary action contained therein. All appeals shall be made in writing and delivered to the Civil Rights Coordinator within ten (10) working days following the date of the Committee’s decision. The Campus Director’s decision to affirm, deny, or modify the Committee’s recommendations and determinations shall be based upon the record of the proceedings made by the Review Committee.   All such decisions by the Campus Director are final and shall be delivered in writing to the parties within ten (10) working days following receipt of the appeal.  

In the event that a violation of the College’s Policy Statement on Student Sexual Harassment is determined through this hearing process, all documentation arising out of the allegation of sexual harassment, including any and all resulting disciplinary action imposed to resolve the matter, shall be maintained in the student’s educational file.

Student Rights and Standards of Student Conduct

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

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

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

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

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

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

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

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

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

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

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

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

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

  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 Affairs
  • 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 Affairs shall have the authority to suspend a student pending a hearing in cases when, in the opinion of the Dean of Student Affairs, the welfare of the College community is endangered or jeopardized by the student's continued presence on campus or to place such conditions on the student's presence on campus as he/she determines in his/her discretion to be in the best interest of the College, its students and staff.

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

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

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

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

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

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

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

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

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

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

  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.

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

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

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

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

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

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

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

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

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

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

Appendix - Definitions

The following definitions are included to provide clarity and prevent misunderstandings in the processes involved in utilizing the College Policy for Student Responsibilities and
Student Rights:

  1. Advisor
    Any person selected by the accused or by the party initiating the charges to be present at the conference or hearing. An advisor may be a friend, parent, relative, peer, staff member or the student's faculty advisor or academic counselor.
  2. Attorney
    A person who is licensed to practice law in the State of Delaware.
  3. Sequestered
    In cases where two or more witnesses are to testify, only one witness will be permitted in the hearing at any given time. Sequestered witnesses will be instructed by the chairperson of the Judicial Committee to refrain from discussing matters pertinent to the hearing while waiting to testify.
Guide to Requesting Academic Accommodations and/or Auxiliary Aids

GETTING STARTED

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

CAMPUS ADA CONTACTS

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

Dover
Charles Mundell
(302) 857-1349
cmundell@dtcc.edu

Georgetown
Carla Tingle
(302) 259-6045
ctingle3@dtcc.edu

Stanton
Heather M. Statler
(302) 454-3927
hstatler@dtcc.edu

Wilmington
Victoria Chang
(302) 434-5553
vchang1@dtcc.edu

In addition, inquiries or complaints pertaining to this Guide may be addressed to the College’s Civil Rights Coordinator, who serves as the College’s ADA/Section 504 Coordinator, at the following:

Barbara Mignon Weatherly, Esq.
Civil Rights Coordinator, Office of the President
P.O. Box 897
Dover, DE 19903
(302) 857-1903
civilrights@dtcc.edu

DOCUMENTATION

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

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

CONFIDENTIALITY

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

EXAMPLES OF ACADEMIC ADJUSTMENTS PROVIDED BY THE COLLEGE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXAMPLES OF REQUESTS WHICH ARE NOT REASONABLE

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

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

COMMUNICATION WITH FACULTY

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

GRIEVANCE PROCEDURE

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

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

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

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

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

RETURNING STUDENTS

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

Student Right-To-Know & Campus Security Act

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

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

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

All college personnel assist in promoting campus security. Although Delaware Technical Community College does not have a separate department, Administrative Services facilitates security matters. Security officers are on campus during evening classes and may be available for escorting students to cars at the end of evening classes. Students requiring an escort should contact the Security Office or evening switchboard operator.

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

Notice of Availability of Annual Security Report

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

The College's annual Clery Act report is available on the Delaware Tech website at https://www.dtcc.edu/about/public-safety/campus-crime-statistics. A printed report may also be obtained free of charge from the Office of Public Safety at each campus upon your request.

Priority of Service Policy for Veterans and Eligible Spouses

The U.S. Department of Labor (USDOL) provides certain funds to Delaware Technical Community College to provide employment and training services to eligible residents and workers. As a condition to receiving those funds, priority of service (POS) shall be given to veterans and eligible spouses in training and placement services. In accordance with the implementation of the Veterans' Priority Provisions of the "Jobs for Veterans Act" (PL107-288), qualified veterans and eligible spouses will receive priority referral to services over non-veterans as determined by each program's mandatory eligibility criteria, if any. Veterans and eligible spouses must meet all eligibility and program requirements for participation in order to receive priority for a program.

The veteran or eligible spouse shall be identified at the point of entry, whether in person or virtual, so that the priority of service may be implemented over the full range of services available including,but not limited to registration, training and placement. Veterans shall be asked to self-identify upon application.

Priority of service means that a covered person receives access to the service or resource earlier in time than a non-covered person or if the service or resource is limited, the covered person receives access instead of or before a non-veteran.

Eligibility

For purposes of this policy only, the following definitions will apply.

Veteran: a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable, as specified in 38 U.S.C. 101(2). Active service includes full-time duty in the National Guard or a Reserve component, other than full-time duty for training purposes.

Eligible Spouse: The spouse of any of the following:

(1) Any veteran who died of a service-connected disability;

(2) Any member of the Armed Forces serving on active duty who, at the time of application for the priority, is listed in one or more of the following categories and has been so listed for a total of more than 90 days:

(i) Missing in action;

(ii) Captured in line of duty by a hostile force; or

(iii) Forcibly detained or interned in line of duty by a foreign government or power;

(3) Any veteran who has a total disability resulting from a service-connected disability, as evaluated by the Department of Veterans Affairs;

(4) Any veteran who died while a disability, as indicated in (3) above, was in existence.

The status of a veteran or an eligible spouse can be verified by referring a variety of official documents, including, but not limited to:

  • A DD 214 (issued following separation from active duty);
  • An official notice issued by the Department of Veterans Affairs that establishes entitlement to a disability rating or award of compensation to a qualified dependent;
  • An official notice issued by the Department of Defense that documents the eligibility of an individual, based on the missing or detained status of that individual’s active duty spouse; or
  • An official notice issued by a State veterans’ service agency that documents veteran status or spousal rights,provided that the State veterans’ service agency requires Federal documentation of that information.

Implementation

Priority of service shall be provided in course registration and in acceptance into selective admission programs with waiting list and competitive ranking admission procedures.

Admission –Veterans and eligible spouses will be asked to self-identify on the application to the College. The academic counselor who provides ancillary services to veterans will contact the veteran/spouse to discuss priority of service and request documents to verify eligibility, if applicable.

Course Registration –Online and in-person registration shall open one day earlier for eligible veterans and spouses than for other students.

Admission into Programs with Waiting Lists – Eligible veterans and spouses who have met all the program admission requirements shall be placed at the top of the waiting list and admitted in the next program cohort offered seats.

Admission into Programs with Competitive Ranking – Each program shall establish and publish the program admission minimum score/requirements for eligible veterans and spouses to be admitted to the program, independent of the regular competitive ranking admission process. The minimum score/requirements shall be determined based on the program’s student success data. As expectations for the workforce and curriculum requirements change, changes may be made to the minimum score/requirements established for priority of service. Eligible veterans and spouses who meet that minimum shall be admitted.