SECTION I

(As Amended April 16, 2002) and April 12, 2005

POLICIES RELATING TO NONDISCRIMINATION, AFFIRMATIVE ACTION AND THE WORKPLACE

1.01 STATEMENT OF AFFIRMATIVE ACTION POLICY

It is the policy of the College that no person shall, on the basis of race, color, creed, sex, national origin, age, disability, or sexual orientation (defined exclusively as heterosexuality, homosexuality, or bisexuality) be subjected to any discrimination prohibited by the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, as amended; American with Disabilities Act; Section 504 of the Rehabilitation Act of 1973; Title IX of the Educational Amendments of 1972; 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.

The College will further equal employment opportunities for members of minority groups and for females through implementation of the Affirmative Action Policy. Under this policy, the College actively seeks qualified minority and female applicants for open positions in order to attain its goal of fair representation of minorities and females in all branches and divisions and in all job classifications.
(Amended by Board of Trustees 9/15/09)

1.02 POLICY STATEMENT ON SEXUAL HARASSMENT

All faculty, staff, and students have a right to work and/or attend college in an environment free of discrimination, including freedom from sexual harassment. Therefore, it is the policy of the College that no member of the College community may sexually harass another. Any employee or student will be subject to disciplinary action including, but not limited to, dismissal for violation of this policy.

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

submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, or
submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual, or
such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating, hostile or offensive employment or educational environment.

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 and employee-employee.

Examples of conduct which may, if continued or repeated, constitute sexual harassment are:

unnecessary touching, patting, hugging or brushing against a person's body
staring, ogling, leering, whistling
sexually explicit statements, comments, questions, jokes, or anecdotes
graphic comments about a person's clothing or body
sexually suggestive objects or pictures in the work place
harassing use of the electronic mail or telephone communication system
other physical or verbal conduct of a sexual nature

Such conduct, whether intended or not, constitutes sexual harassment and is illegal under both State and federal law. Violations of this policy will not be permitted.

Complaints regarding employees and students who are alleged to have violated this Policy should be addressed through the Procedure for the Resolution of Sexual Harassment Complaints provided in this manual in Section XIII, 13.05.

1.03 POLICY OF NONDISCRIMINATION WITH RESPECT TO RELIGION

The College will make reasonable accommodations for employees whose religion may include observances, practices and beliefs, such as Sabbath observance, which may conflict with the College's schedules, programs, and terms and conditions of employment, where such accommodations can be made without undue hardship on the conduct of the functions of the College.

The College may require that any employee whose religion includes observances, practices, and beliefs, such as Sabbath observance, will provide the College with advance notice, in writing, of his/her intent to keep such observance during a specific calendar period.

1.04 PROCEDURE FOR THE RESOLUTION OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS

A procedure for the resolution of equal employment opportunity complaints is included in this manual in Section XIII, 13.04. Employees are encouraged to consult with Campus Affirmative Action Representatives concerning any questions relating to Equal Employment Opportunity.

1.05 DRUG-FREE SCHOOLS AND WORKPLACE POLICY

On September 18, 1990, the Board of Trustees replaced the Statement of Drug-Free Workplace Policy with the Drug-Free Schools and Workplace Policy which covers possession, use, or distribution of illicit drugs and alcohol by employees and students. The following is a summary of the provisions of that Policy:

The College believes that illegal drugs and the abuse of alcohol have no place in the College environment. Furthermore, 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 requiring institutions of higher education receiving federal funds to certify adoption and implementation of programs to prevent unlawful possession, use or distribution of illicit drugs and alcohol by students and employees.

For these reasons, the College adopts the following regulations:

The unauthorized and/or unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is strictly prohibited in all facilities and on all property of the College, in all places where its employees work, including all State-owned vehicles, and at any of the College's activities. As a condition of employment, all employees shall abide by this prohibition and notify the College of any criminal drug or alcohol statue conviction for a violation of this policy as provided by paragraph (2) below.
All employees shall notify the College President or his/her designee in writing of any criminal drug or alcohol statute conviction for a violation of this policy no later than five days after such conviction.
Within thirty days of receiving notice of any employee convicted as described in section (2) above, the College will:

a. Take appropriate action against such an employee, up to and including termination of employment; or

b. Require such employee 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.

The College shall give each employee a copy of the statement set out in sections (1), (2), and (3) above, and post it prominently throughout the areas where employees work.
Each campus of the College will establish and implement a program to inform employees about the dangers of drug or alcohol abuse; the College policy of maintaining a drug-free environment; any available drug or alcohol counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for violations of this policy.
The College shall make a good faith effort to continue to maintain a drug-free environment through the implementation of this policy, and ensure that all new employees are informed of the policy.
Delaware Technical & Community College employees who violate this policy shall be subject to the penalties as spelled out in the official Drug-Free Schools and Workplace Policy which is distributed to all employees.

1.06 DRUG AND ALCOHOL TESTING POLICY

Prohibitions

Pursuant to the College's Drug-Free Schools and Workplace Policy, 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. Employees are also subject to disciplinary action if they are found through confirmatory tests to be under the influence of alcohol and/or an illegal/unauthorized controlled substance in the workplace.

Reasonable Suspicion

In order to insure the safety and well being of the College's staff and students, the College may test employees if there is reasonable suspicion to believe that they are under the influence of alcohol and/or an illegal/unauthorized controlled substance in the workplace. A determination that there is reasonable suspicion to believe that an employee is under the influence shall be based upon objective factors including, but not limited to, the following: odor of alcohol on the employee's breath, slurred speech, unsteady or erratic movements.

In addition, employees may be tested without reasonable suspicion in the following circumstances:

those who are engaged in safety sensitive activities; and
those who have been previously identified as drug users and submitted to rehabilitation and/or treatment programs. In this circumstance, random testing may be requested for a reasonable period of time following release from the rehabilitation and/or treatment program.

(Drug and Alcohol Testing Procedures are outlined in the Manual of Procedural Guidelines, Personnel Guidelines.)

1.07 POLICY RESTRICTING SMOKING IN COLLEGE BUILDINGS AND VEHICLES

Smoking is prohibited in all College buildings and vehicles, including classrooms, auditoriums, conference rooms, lobbies, hallways, rest rooms, and offices, except in designated smoking areas of College buildings and in designated vehicles.

1.08 POLICY REGARDING COMMUNICABLE DISEASES

Communicable or infectious diseases are considered protected disabilities under federal law except in cases in which the disease constitutes a direct threat to the health or safety of other persons at the College or the disease prevents the affected person from performing essential job or school duties. The College will make every effort to balance the right of a student to continue the educational process and the right of an employee to continued employment with the right of individuals within the College community to be free from the risk of exposure to an infectious disease.

The College will comply with all lawful requirements of the Delaware Department of Public Health, as well as with all state and federal laws. The College will take into account in each instance, based on the best medical advice available at the time, the nature of the risk (how the disease is transmitted), the duration of the risk (how long the carrier is infectious), the severity of the risk (the potential harm to third parties) and the probabilities the disease will be transmitted and will cause varying degrees of harm.

A member of the faculty or staff or a student who becomes aware that someone employed by the College or attending the College has a communicable disease which may pose a health hazard to others shall report this to his supervisor in the case of an employee or to the Dean of Student Services in the case of a student. The information shall be forwarded to the Vice President and Campus Director (President in the case of the Office of the President) who will, in consultation with the Chief Legal Counsel, decide the appropriate course of action on a case by case basis.

A student who believes that his/her rights have been violated should follow the Procedure for the Resolution of Complaints by a Student in the Student Rights and Standards of Student Conduct Policy.

An employee who believes that his/her rights have been violated should follow the Procedure for the Resolution of Equal Employment Opportunity Complaints in Section 13.04 of the Personnel Policy Manual.

(Approved by Board of Trustee on June 2, 2009, to replace previous policy.)

1.09 POLICY OF NONDISCRIMINATION WITH RESPECT TO DISABILITY

It is the policy of the College that no person shall be subjected to discrimination on the basis of disability as prohibited by the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and other applicable laws, regulations and Executive Orders. This policy applies to access and utilization of facilities, services, and programs; and to employment, including but not limited to recruitment, selection, training, promotion, compensation, continuation, probation, and discharge, if the person is qualified and able to perform the essential functions of the job with or without reasonable accommodation.

1.10 STATEMENT OF CULTURAL DIVERSITY POLICY

Delaware Technical & Community College will develop and implement a program which will assure that the College is uniformly addressing diversity in all of its activities. The concept of diversity stresses respect for all human differences. Diversity is an asset that provides a balance of different viewpoints, perspectives, and strengths.

The College's program will increase knowledge and understanding of diversity issues. Greater innovation and creativity in curricular matters, decision making, and problem solving will be possible in this socially diverse environment. Diversity will encompass all aspects of College functions, including employee relations, student recruitment and retention, the curriculum, and academic life.

Gender, racial, ethnic, cultural, religious, and other differences enrich the educational and social environment where individuals teach, learn, and work. Differences among our students and employees present the College with opportunities to cultivate mutual understanding and respect.

In demonstrating its commitment to diversity, Delaware Technical & Community College will continue supporting the pluralistic community it serves, which complements its philosophy and mission.

1.11 CONSENSUAL RELATIONSHIPS POLICY

Delaware Technical and 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 for the following two reasons:

Abuse of Power: Individuals entering into consensual amorous and/or sexual relationships involving a power differential must recognize that (i) the reasons for entering such a relationship may be a function of the power differential; (ii) where power differentials exist, even in seemingly consensual relationships, consent shall not be considered a defense if a complaint of sexual harassment or retaliation is brought; and (iii) the individual in the relationship with greater power will bear the burden of accountability.
Conflict of Interest: Conflicts of interest may arise in connection with consensual amorous and/or sexual relationships between instructors or other College staff and students, or between supervisors and subordinates. The College's Nepotism policy precludes individuals from making or influencing decisions affecting those with whom they have intimate, familial relationships. The same principles apply to consensual amorous and/or sexual relationships.

Possible Consequences of a Consensual Amorous and/or Sexual Relationship

An instructor or other instructional staff member who enters into a consensual amorous and/or sexual relationship with a student, or a supervisor with a subordinate, must realize that if a charge of sexual harassment is subsequently lodged, it will be exceedingly difficult to prove immunity on grounds of mutual consent where a power differential existed. The College Administration and the Committee appointed to review sexual harassment complaints shall be expected, in general, to be unsympathetic to a defense based upon consent when the facts establish that a professional power differential relationship did exist between the two parties.

Reporting Requirement

Where a conflict of interest exists, or may exist, in the context of a consensual amorous and/or sexual relationship, the individual with the power or status advantage shall notify the Dean/Director of his or her Division. The Dean/Director, with the approval of the Vice President and Campus Director, shall have the responsibility for making arrangements to eliminate or mitigate a conflict whose consequences might prove detrimental to the College or to either party in the relationship.

Consequences of Non-Compliance and/or Failure to Cooperate

Individuals with the power or status advantage involved in a consensual amorous and/or sexual relationship who fail to report such a relationship as stipulated in "Reporting Requirement" above and/or who fail to cooperate with the arrangements made to eliminate or mitigate a conflict of interest will be subject to disciplinary action in accordance with Section XII of the Personnel Policy Manual.

1.12 ACCEPTABLE USE OF ELECTRONIC NETWORKS POLICY

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

Access to and use of the Delaware Technical & Community College computing and electronic networks resources are privileges granted to students, staff, faculty and members of the College community for academic, research, operational and administrative purposes. Electronic networks are comprised of computing facilities, equipment, systems and personnel. Use of these resources includes accessing 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 suspension and/or revocation of network privileges, to disciplinary action, up to and including dismissal, for staff and faculty, as outlined in the College Personnel Policy Manual and for students, the Student Rights and Responsibilities Policy outlined in the 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 Ac of 2001 (USA PATRIOT ACT) which authorizes electronic eavesdropping; the College Personnel Policy Manual, which includes the College’s Policy Statement on Sexual Harassment and Conduct and Corrective Action; the College’s Student Rights and Responsibilities policy, the State of Delaware Acceptable Use Policy; and all applicable computer contracts and software licenses, which prohibit the distribution of “warez” (copyrighted software).
Utilize only those electronic resources authorized by the College and use those resources in the manner and to the extent of that authorization. All accounts assigned to users are non-transferable. All accounts and passwords must be kept confidential and may not be released to or shared with any other party other than those authorized by the College. A user’s ability to access College networks, resources, and accounts do not imply authorization to do so. It is the responsibility of users to secure all necessary and proper authorizations before proceeding on College systems.
Refrain from using College resources for any commercial activities or for personal financial purposes. These restrictions include, but are not limited to, conducting a business enterprise from the system, sending commercial advertising messages, or solicitations for non-College related organizations from the system.
Utilize all electronic and computing resources efficiently. The College reserves the right to monitor usage and content, restrict and/or prohibit excessive non-academic or non-work related use of the network for downloading or transferring files or to impose or to apply other limitations or restrictions on computing resources such as time limits, storage space or amount of particular resources consumed by users to ensure legal and effective administration of the systems and fair access for all users.
Refrain from stating or implying that they speak on behalf of or represent Delaware Technical and Community College without proper authorization to do so. This prohibition includes use of the College logo in computer communications. Use of College computing and electronic networks and affiliation with College programs does not imply authorization to represent the College to outside organizations. Use of the official College logo or seal on College electronic resources may only be authorized, in advance, by the Vice President and Campus Director at the campuses and by the President for the Office of the President or when applicable to college-wide projects.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Any questions regarding this policy should be directed to: the Chief Technology Office or the Chief Legal Counsel.

(Added Board of Trustees 9/19/1998; Amended Board of Trustees, 4/16/2002 and 4/12/2005)

I.13 VIOLENCE-FREE COLLEGE POLICY

Policy Statement

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

Prohibited Conduct

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

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

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

Procedures

I. Reporting Procedures

A. Immediate Threat Procedures

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

If possible,

Remove yourself from danger

Otherwise,

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

B. Potentially Dangerous Threat Procedures

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

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

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

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

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

C. Domestic Violence Procedures

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

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

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

II. Enforcement Procedures

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

(Added Board of Trustees 9/17/03 )

I.14 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, machetes, air rifles, martial arts devices such as throwing stars, garrotes, fireworks, explosives or substances possessed and/or prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, chemical or biological agents possessed and/or used with the purpose of causing death, serious bodily injury or property damage or otherwise in violation of federal, state, or local law or ordinance.

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

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

Procedures

I. Reporting Procedures

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.

Enforcement Procedures

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

Exception Procedures

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

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

Amendment to the College Policy for Student Responsibilities and Student Rights Item 4 of Section II. "Standards of Student Conduct" Section of the College Policy for Student Responsibilities and Student Rights is hereby amended to include this Policy as part of the prohibition against the use and/or possession of weapons or firearms.
(Added Board of Trustees 9/17/03 )

I.15 "CLERY ACT” – YOUR RIGHT TO KNOW – CAMPUS CRIME STATISTICS

;The public safety of the College community is very important to Delaware Technical & Community College. In compliance with the federal Jeanne Clery Disclosure of Campus Policy and Campus Crime Statistics Act of 1998 (“Clery Act”) and in order to communicate information related to the College’s public safety efforts, the College maintains a Public Safety Website. The URL for accessing this site is: www.dtcc.edu/publicsafety/right.html.

This website includes Campus Crime Statistics Report outlining crimes reported on each campus, in off-campus buildings, at/on property owned or controlled by Delaware Technical & Community College, and on public property immediately adjacent to and accessible from campus. In compliance with the requirements of the Clery Act, it also includes: information regarding the law enforcement authority of campus Public Safety Departments; policies concerning campus public safety, such as crime prevention, alcohol and drug use, sexual assault; Delaware Sex Offender Registry; and how to report crimes which may occur on campus.

In addition to viewing the Crime Statistics report on the website, a copy of the report may be obtained from each Campus Administrative Services Office.