Policies Relating to Nondiscrimination, Affirmative Action and the Workplace

1.00 Statement Of Nondiscrimination Policy

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

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

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

This policy applies to recruitment, employment and subsequent placement, training, promotion, compensation, continuation, probation, discharge and other terms and conditions of employment over which the College has jurisdiction as well as to all educational programs and activities. The College has designated a Civil Rights Coordinator, who serves as the College’s Title IX Coordinator and the College’s ADA/Section 504 Coordinator, to carry out its commitment to equal opportunity and nondiscrimination. Inquiries or complaints by students or employees regarding the College’s nondiscrimination policies may be addressed to: Elizabeth Groller, Esq., Civil Rights & Title IX Coordinator, Office of the President, 100 Campus Drive, Dover, DE 19904, (302) 857-1903, civilrights@zo23.com. (Revised Board of Trustees 6/18/2018)

1.01 Statement Of Affirmative Action Policy

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. (Revised Board of Trustees, 6/7/11)

1.02 Policy On Sexual Misconduct

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

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

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

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

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

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

In addition, the Responsible Employee shall also:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

An individual can stop or interrupt such acts by:

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

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

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

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

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 the College's Civil Rights Coordinator concerning any questions relating to equal employment opportunity. (Revised Board of Trustees, 6/7/11)

1.05 Drug-Free Schools And Workplace Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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.

The enforcement of this policy is intended to be educational, but repeat violators will be subject to disciplinary action as outlined in the Personnel Policy Manual, Section XII, Conduct and Corrective or Disciplinary Action. (Board of Trustees, 9/14/10)

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 Affairs 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 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 list servs, World Wide Web pages, electronic mail, application software, and any other electronic communication. Use of the Delaware Tech computer and electronic networks is a privilege and all members of the College community who utilize these resources are expected to do so in an efficient, effective, appropriate, ethical, and legal manner that supports the mission of the institution

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

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

All users of the College electronic networks must:

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

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

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

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

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

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

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

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

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

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

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

In accordance with the College’s readmission policy,

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

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

The following definitions shall apply to this policy:

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

Provisioning Table of Student Information Technology Systems and Services

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

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

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

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

1.13 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 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 )

1.14 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, 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.

1.15 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.

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.

1.16 Flexible Work Arrangements

Delaware Technical Community College recognizes the growing demands facing employees as they seek to balance their work and home lives with the increasing challenges of finding new and better ways of serving students and other customers, as well as meeting College goals. Because of this, the College supports flexible work arrangements as a means of fostering a highly desirable and productive work environment that is responsive to these demands and challenges. The College expects that flexible work arrangements will strengthen organizational effectiveness and enhance student success by providing a framework to develop new opportunities for efficiency and expanded hours of service; increase the retention and recruitment of highly qualified staff; promote employee engagement; and enhance the quantity, quality, and productivity of the employee's level of service.

Flexible work arrangements authorized by this policy consist of flextime, alternative work schedules, compressed work weeks and telework. No flexible work arrangements shall be effective unless approved in writing. Certain positions may not be eligible for flexible work arrangements due to program needs or the job duties of the position. Consideration of flexible work schedules will be reviewed on a case-by-case basis taking into account the departmental needs and the employee's ability to maintain a high level of service.

All flexible work arrangements must conform to the overtime, record keeping, and meal break provisions of the Fair Labor Standards Act, College policy, and State of Delaware Code.

Flexible work arrangements are not a right of employment and may be discontinued at the discretion of the College. In addition, the schedules of employees working a compressed work week will revert to the standard work week for the pay cycle in which a holiday occurs.

Annual sick leave shall accrue as normal while on a flexible work arrangement. Leave usage will be charged based on the approved work schedules. Other types of leave may be granted consistent with applicable policies outlined in the Personnel Policy Manual.

A flexible work arrangement will not provide an exempt employee with a right to receive overtime pay when the need arises to work more than their scheduled hours. Nonexempt employees may be required to depart from an approved flexible work arrangement to work overtime to cover the operational needs of the College.

The President is authorized to adopt guidelines, procedures, and forms to implement the provisions of this policy. (Added by the Board of Trustees 11/11/14)

1.17 Electronic Communications Retention Policy

Email
Delaware Technical Community College email systems will retain messages for three years. After three years, email messages will be automatically purged from the system. This automatic deletion policy applies to messages within all folders (inbox, sent, draft file folders, etc.) on all college email systems.

Individuals may save copies of email and attachments before the retention period expires by transferring them to other electronic environments and media and/or by copying them on paper.

Originators and recipients of email are responsible for identifying and saving documents that must be retained in order to comply with federal, state, or local laws, College policies, or with other legal obligations or requirements. Individuals should not rely on email folders as an archival system for any purpose including, but not limited to, the individual’s need or desire to retain, access, or otherwise preserve any email or related contents or attachments. Email accounts are not designed to be records retention or document management systems, so messages with lasting value:
1. Should be moved to dedicated storage on departmental/office networked file systems; and
2. Should not be stored exclusively within individual users’ email folders/files.
Lasting value email messages exhibit one or more of the following characteristics:
- Have operational value (required by a department to perform its primary function)
  - Administrative actions taken or planned
  - Assignment of work or tasks to employees
  - Distribution of reports or recommendations
  - Distribution of policies, procedures, guidelines, rubrics, or templates
- Have legal or evidentiary value (required to be kept by law or of value in the defense or prosecution of a claim)
- Have fiscal value (related to the financial transactions of the campus)
  - Required for financial reporting and audits
  - Has historical significance (of long-term value to document past events)
  - Relating to an exceptional and/or significant event
- Have vital value (critical to maintain to ensure operational continuity after a disruption or disaster)
  - Vital records or information may fall into any one of the above value categories
Responsibility for Retention of Messages with Lasting Value
Only the departments responsible for retention of specific types of records need to store and control the disposition of that information. For example,
1. If a department issues a policy change announcement via broadcast email, then that department is responsible for retaining that record (and not every recipient);
2. If a department manager was cc’d on a message that Business Services or Finance used to send an electronic copy of a Purchase Order to a vendor, then the department manager does not need to retain a copy of the Purchase Order record; the Purchasing Office is responsible for retention of all purchasing records.
Backup Files
Backup copies of College email system files are retained for six months. These backups are for system restoration and disaster recovery purposes, and are not designed to or intended to facilitate retrieval of deleted messages.

Former Students and Employees
Student email accounts will be deleted two academic years after the last semester in which a student was registered for classes. When an employee ceases employment with the College for any reason, the access to the College email account and records will be terminated, generally on the last date of employment. Email accounts of former employees will be deleted after two years.

Microsoft 365 Teams/Instant Messaging
Private and group chat messages in Microsoft Teams will be deleted one year after the message is sent or received and will not be recoverable.

A one-year retention policy will be implemented for Microsoft Teams Chats (i.e., private 1:1 and group chat messages).
Posts to a Teams Channel, including those made during a meeting, will be retained for the life of the Team.
Other Teams data (e.g., files) will not be impacted and will continue to exist for the life of the Team.

The Microsoft Teams Message Retention Schedule

Function	Timeframe	Description
Person to person chat	365 Days	Chats between two or more parties. Chats over the retention time will be silently dropped.
Teams Channel Messages	365 Days	Channel messages inside of Team sites. Conversations over the retention time will be silently dropped.
Recover Team Sites Timeouts	30 Days	The time from when a Team’s site is deleted and when it can be safely recovered.
Video Calls	Not Saved	Recordings from video calls are not saved unless configured on a per-call basis.
Voice Calls	Not Saved	Recordings from voice calls are not saved unless configured on a per-call basis.

NOTE: Files shared in chat are stored in One Drive, however, as per the retention schedule, the links will no longer be available.

Exceptions
The President is authorized to make individual exceptions to the retention periods set forth herein and may establish retention periods that are different than those prescribed when doing so would be in the best interests of the College.