2014 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Report Prepared by DCCCD Police Department/

Transcription

1 2014 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Report Prepared by DCCCD Police Department/ El Centro College Published October 2015 Introduction On November 8, 1990, President Bush signed the Student Right to Know and Campus Security Act of The Act applies to every institution of higher education that receives federal financial aid. Title II of the Act was called the Campus Crime Awareness and Campus Security Act of It requires institutions of higher education to distribute to all current students and employees, and applicants for enrollment or employment, two types of information: (1) Descriptions of policies related to campus security, and (2) Statistics concerning specific types of crimes. Amendments enacted in 1998 renamed Title II, and it is now known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The amendments require the disclosure of crimes that are reported to police and campus officials other than police, along with a breakdown of locations of criminal activity to be specified as on-campus, non-campus, residence hall or public property. Reporting/Notifications of Crime and Other Emergencies on Campus The DCCCD/ECC Police Department can be contacted by telephone, emergency and information phones, in person and by . By telephone, Campus Police may be reached by dialing 911 from a campus phone or by dialing from a cell phone. While on college, one may use the emergency phones located in each classroom and atb the elevator banks on each floor. Elevators in campus buildings also contain emergency phones which also provide a direct connection to the DCCCD Police Department. Campus Police Officers in vehicles, on foot, on bicycles, or on Segways are eager to be of assistance and may be contacted directly. s may be sent directly to the Office of the Chief of Police at joseph.hannigan@dcccd.edu. The DCCCD/ECC Police Department will respond as quickly as possible to any request for assistance. Response time is based on current activity. Crimes in progress, traffic accidents and medical assists have a higher priority than other types of calls. School violations may also be reported to one of the following: Vice President of Student Services Office, Counseling Center, or to a faculty or staff member who the student is comfortable talking to about the violation or past crime.

2 Members of the community are reminded it is important to report incidents promptly so an investigation can be conducted promptly and evidence preserved. It cannot be stated enough how important it is to promptly and accurately report crime, no matter where it occurs. If a crime is not promptly reported, evidence can be lost and/or a suspect could get away. If a crime is not accurately reported, leads or evidence could be missed and an investigation could head in the wrong direction. If one witnesses a crime or emergency, it must be promptly reported to the DCCCD/ECC Police Department and questions should be answered as accurately as possible. The investigation can only be as good as the information received. If one sees or receives knowledge of criminal activity or other emergencies, or if one is the victim of such, please contact the DCCCD/ECC Police Department or any campus official. All victims are encouraged to report crimes and emergencies to the DCCCD/ECC Police Department. DCCCD/ECC Police Officers are primary responders to any emergency or criminal situation on campus. Direct communications with local, fire, and emergency medical services ensures that Police Officers can initiate and direct emergency responders to any campus area. In an emergency situation, dialing 911 from any campus telephone will contact the DCCCD Police Departments Communications Center. A trained dispatcher will direct the appropriate response to emergency situations. How to report a crime Call the DCCCD/ECC Police Department at (or simply 911 from a campus phone). Stay on the line so all necessary information can be obtained. An officer will be dispatched quickly. Or, visit the office located in Bldg. A, Room A-056. Crimes, safety concerns or other police issues can be reported anonymously through an online form as well. The DCCCD/ECC Police Department is open 24 hours every day. To report an emergency to the Dallas Police Department, call 911 from any pay phone or off-campus phone. One should report any criminal activity or incidents to the DCCCD/ECC Police Department or to Dallas Police. Dallas County Community College Police Department District at El Centro College Law Enforcement Authority, Joseph R. Hannigan, Chief of Police. The DCCCD/ El Centro College (ECC), Police Officers have full arrest and enforcement authority and possess all the powers, privileges and immunities accorded Police Officers in and by the State of Texas. Police Officers of the DCCCD//El Centro Police Department are duly appointed and sworn peace officers under section of the Texas Educational Code. The officers of the department are armed and possess the same authority under the law as municipal officers, enforcing all Federal, State and Local laws. El Centro College Police Officers patrol the campus 24 hours a day, 365 days a year. They enforce the law, arrest violators, investigate and deter crime, investigate traffic accidents and provide a full range of services to the college community. The DCCCD/El Centro Police Department continually work with municipal, county, state, and federal law enforcement agencies within the state of Texas, and occasionally with others outside the state as well. The DCCCD/El Centro Police Department is a prevention/service-oriented agency. Service to the campus community is top priority. The College is located in the City of Dallas, Texas and maintains a concurrent jurisdiction agreement with the City of Dallas Police Department to provide the employees, students and visitors with the best possible protection on campus. The safety of everyone on campus is their primary concern. Dallas Police Departments Police Officers may assist officers from the DCCCD/El Centro Police Department when their assistance is requested. During their travels on campus and during those times when their assistance is requested Dallas Police Department Police Officers have full authority to make arrests for violations of law.

3 Campus Facilities Security and Access Building Access All buildings, are secured by an electronic system is programmed to unlock and lock all the buildings. Employees are issued ID badges that allow them access to the facilities and rooms limited to the areas of their work. Electronic locks on all exterior doors enable the College Police to secure all exterior doors in the event of a lock down situation. Campus and Community Notification of Criminal activity. Interior Emergency Phones Assistance from Police Officers can be accessed through emergency ring down telephones located in each classroom and by the elevator banks on each floor.. If you should observe suspicious activity on campus, please notify the campus police via the emergency phones. Your identity need not be known if you desire. The purpose for your call is to allow response by officers to safety and security situations to prevent a serious incident from occurring. Your cooperation and assistance will help your campus Police Officers continue to provide a safe environment for students, faculty and staff. Emergency signs We encourage everyone who uses our sports facility and parking lots to carry their cell phones with them at all times from one of our posted signs. Calling the posted number is a direct line to police dispatch center, The College Police have posted numerous posters on our property advising the public of the College Police phone number. On line DCCCD App Download the DCCCD App on to your smart phone. Within the DCCCD App there is the Get Help icon. Clicking on the icon allows you to have direct contact with our dispatch center. If you have any questions or concerns, please Chief Joseph Hannigan or call Stay Informed The DCCCD/ECC Police Department uses a variety of methods to keep the campus informed about incidents occurring on and near campus. Members of the campus community can stay informed about criminal incidents at DCCCD/ECC by reading Daily Crime Logs or Crime Alerts. Crime Alerts are available to members of the campus community as part of an ongoing effort to keep the community informed and to raise awareness of significant unsolved crimes that occur at or near the campus. Alerts available at the police department. The DCCCD/ECC Police Department maintains a Daily Crime Log in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Persons may view the crime logs in the lobby of the Police Department in Bldg. A, Room A-056, 24 hours a day 7 days a week. Note: Any incidents that may have been reported only to pastoral and professional counselors of the Institution are generally protected by privacy rights of the client or patient and are not included in any of the following statistics, nor for any timely warning notifications to the campus. Daily Crime Log The DCCCD/ECC Police Department maintains a log of all alleged crimes and incidents reported to the Police Department that is available for viewing, 24 hours a day 7 days a week, upon request at the El Centro Police Department located in Bldg. A, Room A-056.

4 Timely Warning Notices The Chief of the DCCCD/El Centro Police Department utilizes a system for timely warning notices. The police will issue an emergency notification upon the confirmation of a significant emergency or a dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Where it is determined that the incident may pose an ongoing threat to members of the El Centro College community. These warnings will be activated and audible alerts will be heard throughout the campus. The police department issues/posts Crime Alerts for the following incidents. Murder Aggravated assault cases involving assaults among known parties will be evaluated on a case-by-case basis to determine if the individual is believed to be an on-going threat to the larger El Centro community. Robbery involving force or violence cases including pick pocketing and purse snatching will typically not result in the issuance of a Crime Alert, but will be assessed on a case-by-case basis. Sexual Assault incidents are considered on a case-by-case basis depending on the facts of the case, when and where the incident occurred, when it was reported and the amount of information known by the DCCCD/El Centro Police Department. Major incidents of Arson Other crimes as determined necessary by the Chief of Police, or his or her designee in his or her absence The DCCCD/El Centro Police Department will activate and notify of timely warning notice containing the proposed crime alert. Updates to the college community about any particular case resulting in a crime alert also may be distributed electronically via blast or posted on the college s website. At the same time the College Police forwards the containing the proposed crime alert to Marketing and Public Information, the police also will forward it to the Vice President of Business Services and necessary administrators, or his/her designees, and to the College President, for their review and possible distribution to trustees, officers or staff as they deem necessary and appropriate. Crime alerts also may be posted in campus buildings, when deemed necessary. When a crime alert is posted in campus buildings, it shall be printed on colored paper and be posted in the lobby/entrance area of the affected building(s) for seven days. A list of the buildings where crime alerts may be posted is maintained by the DCCCD/El Centro Police Department. In the event that a situation arises, either on or off campus, that, in the judgment of the Chief of Police, constitutes an ongoing or continuing threat, a campus wide timely warning will be issued. The warning will be issued through the college system and audible messages to students, faculty, and staff. Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, the necessary information will be announced on loudspeakers and posted on the Web site providing the College community with more immediate notification. Anyone with information warranting a timely warning should report the circumstances to the College Police office, by phone at or in person at the College Police Department, Building A, Room# 056. Students and employees can also subscribe to Blackboard, a text messaging and subscription service for notifying the El Centro College community of emergency situations and campus closing announcements free of charge. You may sign up for Blackboard by visiting the website Centrocollege.edu.

5 Crime alerts are filed in the case jacket with the corresponding incident report. The College Police department does not issue crime alerts for the above listed crimes if any the following cases occur. 1. The department apprehends the subject(s) and the threat of imminent danger for members of the El Centro College community has been mitigated by the apprehension. 2. If a report was not filed with College Police or if College Police was not notified of the crime in a manner that would allow the department to post a timely warning for the community. A general guideline will include a report that is filed more than five days after the date of the alleged incident, as this may not allow DCCCD/ECC PD to post a timely warning to the community. This type of situation will be evaluated on a case-by-case basis. Emergency Notification and Evacuation Departments involved in fulfilling the obligations of this standard operating procedure include the Vice President of Business Services, the DCCCD/El Centro Police Department and the Marketing and Public Information Office. There is a separate procedure governing timely warning notices that are sent to El Centro College to notify members of the community about serious crimes against people that occur on campus, as stated in the previous paragraph, when it is determined by DCCCD/El Centro Police Department Administrators that the incident may pose an ongoing threat to the safety to students or other members of the college community. If a serious crime, a natural disaster or a man-made emergency occurs that poses an immediate threat to El Centro College or a segment of the college, federal law requires that the institution immediately notify the campus community or the appropriate segments of the community that may be affected by the situation. If the institution implements the procedures regarding notification of El Centro College for an immediate threat, the institution is not obligated to implement the timely warning notice procedures. The types of incidents that may cause an immediate threat to the college community could include, but are not limited to, An Active Shooter on campus, a Hostage/Barricade situation, a Riot, Suspicious Package with confirmation of a device, a Tornado, a Fire/Explosion, Suspicious Death, Structural Damage to a college-owned or controlled facility, Biological Threat (anthrax, etc.), significant Flooding, a Gas Leak, Hazardous Materials spill, etc. All members of El Centro College are notified on an annual basis that they are required to notify the DCCCD/El Centro Police Department of any situation or incident on campus that involves a significant emergency or dangerous situation that may pose an immediate or ongoing threat to the health and safety of students and/or employees on campus. The DCCCD/El Centro Police Department has a responsibility to respond to such incidents to determine if the situation does in fact, pose an immediate threat to the community. The police supervisor-on-duty is responsible for immediately notifying the appropriate Police Administrator, as per the police notification policy, of any situation that poses an immediate threat to the community. The DCCCD/El Centro Police Department Administrator who has been notified is responsible for immediately notifying the following individuals who are responsible for developing the content of the message to the community and sending the message - the Vice President of Business Services, the Marketing and Public Information Office and the office of the College President. If the Marketing and Public Information Office and/or the active police supervisor receive information from other sources about a situation on campus that may cause an immediate threat to the college community, they are responsible for contacting a DCCCD/El Centro Police Department Administrator (Chief) the Assistant Chief, or designee to confirm whether or not the police have responded to the incident.

6 The Chief of Police will determine the content of the message concerning the threat and will use some or all of the systems described below to communicate the threat to the college community or to the appropriate segment of the community, if the threat is limited to a particular building or segment of the population. As per the requirements of the law, the Chief will, without delay and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the judgment of the Chief, compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. The various systems the institution has in place for communicating information quickly to the college community include the following. 1. Telephone Public Address system 2. Text messages to subscribed cell phones 3. Net Support written messages sent to all computer monitors 4. Officers public contact 5. Place fliers on entry doors to buildings 6. Social Media The Marketing and Public Information Office will post updates during a critical incident on the El Centro College website at CentroCollege.edu/studentsvcs/police/. In addition, the college's police vehicles are equipped with public address systems, and these vehicles can be strategically placed throughout the campus/streets to facilitate communication through the parking lots. Some or all of these methods of communication may be activated in the event of an immediate threat to the El Centro College community. Emergency Drills Scheduled and non-scheduled drills are planned by the Emergency Operations Coordinator, Police and Facilities Management for the spring and fall semesters. Once they are approved. They are kept in rthe police department for Fire Services Inspection. Safety Commitment The DCCCD/El Centro Police Department is committed to providing a safe and secure educational environment for more than 16,000 credit and noncredit students enrolled each semester as well as staff, faculty and college visitors. The Police Department is staffed by30 officers. The department is staffed 24 hours a day, seven days a week. Patrol of the campus is performed by foot, automobile bicycle and Segway units. Buildings El Centro College has an open campus policy during the hours of operation. Generally, the campus is open from 6 a.m. until 10:30 p.m., Monday through Thursday. Friday and Saturday the campus is open from 6 a.m., until such time that classes in individual buildings have concluded for the day. Sundays, Building A is only open if a class is in session. Electronic locks installed on all exterior doors enable the College Police to secure all exterior doors in the event of a lock down situation. Grounds The campus facilities such as the gym are for reserved-use-only. You may contact the Athletics Department at for information personnel only. If you have questions as to access to special areas of the campus contact the Police Communications Center at or dial from campus phones.

7 Crime Prevention DCCCD/El Centro Police Department plays a vital role in the students learning at El Centro College utilizing the Community Policing philosophy. The focus of community oriented policing is not simply on responding to crime, but on preventing crime and resolving community problems. The philosophy grows from the belief that the police and the community must work together as partners to solve the contemporary challenges faced in today s society. Officers work closely with other organizations and community groups to educate community members about potential hazards they may encounter and how to reduce the likelihood of becoming a victim of crime, to identify the problems, concerns and fear of community members, to identify and eliminate hazards that may promote crime or disorder, and to improve the overall quality of life in the community *Soliciting on campus or posting of handbills on vehicles is prohibited. Please report any violation to the College Police as soon as possible. Security Awareness and Crime Prevention Programs Offered by DCCCD/El Centro Police Department: New Student Orientation- Conducted twice a year Parking safety- where to park legally, cameras on campus, police escort if needed, how to maintain a safe vehicle from theft and break-ins, campus maps are handed out, call boxes explained, jump starts explained. Student safety on campus- How to contact Police, how to report a crime, how to maintain personal awareness, locations of emergency phones, emergency operations procedures covered, and special events put on throughout the year. Programs offered annually- Season-to-be-Sober- gives students and staff a safe place in which to Drive Drunk or Text while Driving in a driving simulator. The I Pledge program is offered at this time, it allows students to pledge not to text and drive. Counsel on Drug and Alcohol- volunteers from the Counsel on Drugs and Alcohol hand out information on drugs and alcohol and provide students with resources for help. Dangers of Drug Abuse- Information is handed out on drug abuse, huffing, AA, C.A.R.E and they are made aware that counseling is available to students. Sexual Assault Awareness- Information is handed out on Sexual Assault, Date Rape, Family Violence and they are made aware that counseling is available to students. Domestic Violence Awareness- Information is handed out on Sexual Assault, Stalking, Domestic Violence, Child Abuse, Family Violence, Dating Violence and they are made aware that counseling is available to students. Child Abuse Awareness- Information is handed out on Child Abuse, Family Violence, Domestic Violence,: and they are made aware that counseling is available to students. Hide-Lock-Take- Lock It or Lose It- Information is handed out on protecting your things in your vehicle, Buckle Up, and No Phone Zones are available. Crime Watch and Identity Theft Material are available upon request. Fire and Safety- Dallas Fire and rescue program.

8 Programs offered in conjunction with other agencies or divisions Angle Tree- a group is adopted for this and gifts are collected. Dallas Fire Academy- Children from the community attend. Dallas Police Academy- Children from the community attend. Various policies, described below, are established for the safety of everyone on the El Centro College campus. El Centro College Alcohol Policy El Centro College complies with all federal and state laws as well as the rules and regulations promulgated by the Board of Trustees of the Dallas County Community College District. The college will neither condone nor shield from prosecution any individual found in violation of the Texas Alcoholic Beverage Code and/or policies of the Dallas County Community College District. El Centro College Drug Policy Sale or Use of Dangerous Drugs on Campus El Centro College complies with all federal and state laws which prohibit the use, possession, and sale of illegal drugs. This includes the federal Drug-Free Schools and Communities Act. The college will not shield any student, employee or visitor from action or prosecution by law enforcement authorities for drug violations. Policy Regarding Drugs in the Workplace All employees are expected to discharge their duties free from the influence of illegal drugs (controlled substance*) and thereby maintain a working environment free from the problems associated with the use and abuse of illegal drugs. The unlawful manufacture, distribution, dispensation, possession or use of illegal drugs by an employee is prohibited in the workplace by Board Policy. Any employee who is convicted of a controlled substance-related violation in the workplace under state or federal laws or who pleads guilty or nolo contender to the violation must notify the District Director of Human Resources within five days of the conviction or plea. Illegal use, sale, possession, distribution, dispensation, manufacture or transfer by an employee in the workplace is a basis for immediate suspension without notice. An employee who has a drug related problem is strongly encouraged to contact the location Human Resources coordinator for counseling through the Employee/Dependent Assistance Program or other sources. Controlled substance means those drugs listed in Schedule I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C Controlled substances include, but are not limited to, marijuana, cocaine (including crack and other cocaine derivatives), morphine, heroin, amphetamines and barbiturates. The term does not include drugs used pursuant to and in accordance with a valid prescription. Enforcement of Federal and State Alcohol and Drug Laws The DCCCD/El Centro Police Department enforces all state and local liquor laws, including those for underage drinkers. The DCCCD/El Centro Police Department enforces all state and local laws regarding prescription drugs and controlled substances. El Centro Police will work with federal agencies when needed to enforce any applicable federal laws

9 Drug and Alcohol Abuse Education Programs Available Through the DCCCD/El Centro Police Department Programs are available to members of the college community on the topics of crime prevention and drug and alcohol abuse. Information on Drug and Alcohol Abuse Education may also be obtained through the National Clearinghouse for Alcohol and Drug Information at El Centro College Sexual Harassment Policy Sexual Harassment can devastate psychological health, well-being and vocational development. People who have been harassed often change their jobs, career goals, job assignments, educational programs or academic majors. Additionally, some people have reported psychological and physical reactions to being harassed that are similar to other forms of stress. Prohibited Acts No student or employee of the district shall engage in sexual harassment, which is a form of discrimination on the basis of sex. For general policy and procedure purposes, sexual harassment may be described as unwelcome sexual advances, requests for sexual favors, or other physical and expressive behavior of a sexual nature. Illustrations of Sexual Harassment Generally, sexual harassment includes any sexual attention that is unwelcome. Harassment means conduct amounting to more than an occasional, isolated or trivial act or remark. Consensual Relationships Consensual romantic or sexual relationships between a supervisor and employee or a faculty member and a student in the faculty member s class can create significant problems and, therefore, the district strongly discourages such relationships and any conduct (such as dating) that might reasonably be expected to lead to a romantic or sexual relationship. Filing a Complaint A complaint alleging a violation of one or more of the foregoing provisions in this procedure may be filed by any employee or student affected by the conduct or action, i.e., the complainant. Reporting a Violation Any person may report an alleged violation of this procedure whether or not the person is affected by the conduct or action. Required Reporting Any administrator who becomes aware that a student or employee is being sexually harassed by a district employee or student is required to report the alleged violation. Alleged violations concerning an employee should be reported to the Campus Human Resources Director at alleged violations concerning a student should be reported to the Vice President of Student Success and Enrollment Management at Any supervisor who becomes aware that one of the supervised employees is being sexually harassed by a district employee is required to report the alleged violation to the appropriate party referenced in above paragraph. Any faculty member who becomes aware that one of the faculty member s students is being sexually harassed by a district employee is required to report the alleged violation to the appropriate party referenced in above paragraph.

10 Improper Report A person who is malicious or intentionally dishonest in reporting a violation is subject to disciplinary action. Informal Complaint At the complainant s option, an informal complaint may be made to the Campus Human Resources Director, the Vice President of Student Success and Enrollment Management or both. Formal Complaint A complainant (student) wishing to make a formal complaint shall file it, in writing, with the District Director of Human Resources, or with the Vice Chancellor of Educational Affairs, if. if the complainant is an employee, the district person receiving a complaint shall send a copy of the complaint to the highest level administrator at the campus. Process for Taking Formal Action The decision to take formal action in cases in which an employee is charged will be made by the next to highest level administrator at the campus. The decision to take formal action in cases in which a student is charged will be made by the Vice President of Student Success and Enrollment Management or equivalent position. Investigations of complaints will be initiated only with the complainant's consent unless the conduct reported is sufficiently severe or pervasive that the district believes it must investigate the complaint. The complainant will be informed fully of steps taken during the investigation. At the time the investigation begins, the accused will be informed of the written allegations. Protecting Both Parties To the extent possible, the proceedings will be conducted in a confidential manner calculated to protect the interests of both parties. Copies of the DCCCD Sexual Harassment Policy in its entirety may be obtained from Human Resources in Building A, Room A240. For more information, see your Campus Human Resources Director or Vice President of Student Success and Enrollment Management.

11 Violence Against Women Act (VAWA) Rights and Responsibilities Purpose: The purpose of policies about the Campus SaVe Act procedures is to provide a guideline for individuals; whether current staff or current student of El Centro College. This policy will define who campus authorities are and who campus authorities are not. Any student, administrator, supervisor, or staff member who becomes aware that a student or employee is being violated per the laws of the Campus SaVe Act is required to report the alleged violation to any Campus SaVe Act authority. Any person may report an alleged violation of this procedure whether or not the person is affected by the conduct or action. Definitions: Campus SaVe Act authorities are officials with significant responsibility for student and campus activities Professional staff in a Dean of Students/ office (including leaders in student affairs) Student Activities Staff Faculty or staff advisors to student organizations Coaches Title IX coordinator A Campus Police Department Individuals who have responsibility for campus security Campus SaVe Act authorities are NOT a faculty member who does not have responsibility for a student or campus activity beyond the classroom Clerical staff Cafeteria staff Facilities or maintenance staff Health care staff Legal definitions under the Campus SaVe Act are: Consent- Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. Texas Family Code Sexual Assault-Intentionally or knowingly for adult or child Causes the penetration of the anus or sexual organ of another person by any means, without that persons consent Causes the penetration of the mouth of another person by the sexual organ of the actor, without the person s consent Causes the sexual organ of another person, without the persons consent, to contact or penetrate the mouth, anus, sexual organ of another person, including the actor. Is without the consent of the other person if; The actor compels the other person to submit or participate by the use of/or threatening the use of physical force or violence against the other person, or The person believes that the actor has the present ability to execute the threat

12 The person has not consented and the actor knows the person is unconscious or physically unable to resist The actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring The actor has intentionally impaired the other person s power to appraise or control the other person s conduct by administering any substance without the other person s knowledge. Texas Penal Code Domestic Violence/Family Violence-An act by a member or a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places a member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself Abuse, by a member of the family or household toward a child of the family or household Texas Family Code Dating Violence- An act, other than a defensive measure to protect oneself, by an actor that: Is committed against a victim With whom the actor has or has had a dating relationship Because of the victims marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage Is intended to result in physical harm, bodily injury. Assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury assault or sexual assault. Texas Family Code Dating relationship- For the purpose of this title Dating Relationship means: A relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. A casual acquaintance or ordinary fraternization in a business or social context does not constitute a dating relationship. Texas Family Code Stalking - A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct including following the other person, The actor knows or reasonably believes that the other person will regard as threatening Bodily injury or death for the other person Bodily injury or death for a member of the other person family or household Texas Penal Code Victims Bill of Rights- Victims of sexual assault will have the right to the following: Reasonable changes to the academic schedule Referrals to counseling, assistance in notifying law enforcement Same opportunity as accused to have others present at disciplinary hearing Unconditional written notification of outcomes of hearing, sanctions and terms of sanctions in place Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome Name and identifying information kept confidential (FERPA) Accused Bill of Rights-Accused individuals of sexual assault will have the right to the following: Referrals to counseling Same opportunity as victim to have others present at disciplinary hearing Unconditional written notification of outcomes of hearing, sanctions and terms of sanctions in place Opportunities and assistance to speak (or choose not to speak) to anyone regarding the outcome Name and identifying information kept confidential (FERPA)

13 Guidelines for informal procedures If you have experienced any of these crimes or have witnessed any of these crimes on campus, you may remain anonymous when reporting. If a report by a third party (not the complainant) is made, the accused and the complainant will be notified of the report. 1. At the complainant s option, an informal complaint may be made to any Campus SaVe Act authority. The authority figure will be objective in taking the complaint; they will be sensitive to the complainant and the accused if the accused is informed; and they will not attempt to intimidate a complainant from pursuing the matter. All information disclosed will be kept confidential and will not be disclosed without the consent of the complainant unless required by law, court order, or to defend the college district in legal proceedings. 2. The representative to whom the complaint is made will counsel the complainant of the options available under this procedure, and at the complainants request, may assist the complainant in drafting a formal complaint if the complainant decides to file a formal complaint. 3. The representative to whom the informal complaint is made will not inform the accused of the complaint s actions without the consent of the complainant unless the conduct reported is so sufficiently severe or pervasive that the representative believes it must investigate the complaint. 4. The representative shall maintain confidentiality with regard to the names of the complainant and the accused, all witnesses, the details of the complaint, and any other information protected by law. 5. One of the goals of the informal complaint process is to resolve less serious matters in an efficient and effective manner. 6. The representative to whom an informal complaint is made shall make a written document outlining the complaint, disposition, and any other information needed to document the complaint. This documentation will be given to the police department to be placed in the confidential files. If complainant wishes to go forward with filing a formal complaint, the documents would, only then, be used to assist with the formal complaint. Guidelines for formal procedures If you have experienced any of these crimes or have witnessed any of these crimes on campus, you may remain anonymous when reporting. 1. A complainant wishing to make a formal complaint must contact one of the official campus authorities to begin the process. 2. The campus authority figure will then contact an investigator from the police department, to investigate the claims brought by the victim. 3. The purpose of the investigation is to establish whether there is reasonable basis for believing the alleged violation has occurred. The investigator shall interview the complainant, the accused, and other persons believed to have pertinent factual knowledge. At all times, the investigator will take steps to ensure confidentiality during the investigation, including without limitation, requiring all parties to agree, in writing, that any information disclosed during the investigation will not be disclosed to others unless required by law, court order, or to defend the college in legal proceedings. A violation of confidentiality shall be grounds for disciplinary action. 4. The investigation will afford the accused a full opportunity to respond to the allegations. 5. The investigation should be conducted in a timely manner. 6. Failure of a student or staff to comply and cooperate with a request from the investigator may be grounds for discipline action up to and including termination or expulsion. 7. If a hearing is requested from the victim, the authority figure will then request for the committee to convene; made up of the Title IX coordinator and the Vice President of Student services and a designated Care team member. 8. Both the complainant and the accused will be notified in writing the date and time of the hearing.

14 The victim will be offered the assistance to: Reasonable changes to the academic schedule and referrals to counseling, health, mental health, victim advocacy, legal assistance, and assistance in notifying law enforcement, any other assistance in campus or community. These will be provided whether charges are filed or not. Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses or when the victim of such crime elects or is unable to make such a report. Where applicable, help the complainant with regards to filing; orders of protection, no contact orders, restraining orders, or similar lawful orders. Once the investigation is complete, both the victim and accused will be notified of the findings. The victim and the accused have a right to call a hearing in front of the committee. The victim and accused will be notified by written explanation of date and time for hearing. Based upon the decision, the committee shall promptly take appropriate action, if any, toward any persons deemed necessary involved in the complaint. Such actions may include discipline action up to and including termination or expulsion. If charges are brought against the accused, law enforcement will determine by law the appropriate charges. In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the accused if it has been damaged by the proceedings. College Disciplinary Sanctions: Sanctions imposed through the College Administrative Judicial System can range from no action up to expulsion from school. Improper Reports A person who is malicious or intentionally dishonest in reporting a violation is subject to disciplinary action or criminal action. El Centro College Procedure to Follow if Dating Violence, Domestic Violence, Stalking or Sexual Assault Occurs Who to Contact: If someone is the victim of dating violence, domestic violence, stalking or sexual assault, the quickest possible way to report the incident is to contact the DCCCD/El Centro Police Department or the Dallas Police Department. The victim may also report the above offenses to any Student Activities Staff, Faculty or staff advisors to student organizations, Coaches, or any Title IX coordinators. If the incident occurred off campus, the DCCCD/El Centro Police Department will assist the victim in notifying the proper law enforcement agency. A victim of sexual assault may go directly to a hospital and decide at the hospital what other agencies or resources to contact. Preservation of Evidence: It is important a victim of sexual assault does not shower, douche, brush their teeth, or use the restroom, and that they do not wash their clothes or any bedding on which the incident may have occurred. If they do so, important evidence can be lost. Time is an important factor for the preservation of evidence so El Centro College Police and/or the Dallas Police Department should be contacted immediately.

15 Assistance in Contacting Law Enforcement: Even if the victim reports the incident to an agency that is not law enforcement, they can still report the incident, even at a later time, to the DCCCD/El Centro Police Department or the law enforcement agency that has jurisdiction if the incident took place off campus. Any official on campus is able to assist a victim in contacting the proper law enforcement agency. Sexual misconduct and relationship violence, in any form, violates the Student Code of Conduct, discrimination, harassment, and related inappropriate conduct and may violate federal and state laws. Violations of this policy are also subject to disciplinary sanctions through the Office of the Vice President of Student Services. Reports or complaints alleging sexual assault, domestic violence, dating violence, and stalking are processed on the basis of the status of the alleged perpetrator (respondent). Reports or complaints alleging discrimination or harassment by a student will be processed by the Office of the Vice President of Student Services (Title IX coordinator). Reports or complaints alleging discrimination or harassment by an employee will be processed by the Human Resources Director (Title IX coordinator) Confidential reports can be made through Counseling and Psychological Services: All incidents involving an alleged violation of Title IX involving students should be forwarded to the office of the Vice President of Student Services (VPSS) for review. When received, the information will be reviewed and the level of investigation, accommodation, and/or remedial measures will be assessed. The VPSS will also ensure that accommodations, resources, rights, and options are addressed with the complainant. At any time, when a complainant expresses an interest in exploring options within the (VPSS) office, the process will begin with communication with the Complainant. This conversation will most often be held with (VPSS) and will occur in a prompt and timely fashion. Possible outcomes of this initial discussion include the following: 1. The incident is documented, but no further action is determined to be necessary by the VPSS. Appropriate accommodation to the complainant and appropriate remedial measures will still be applied; or 2. Complainant wishes for El Centro College Title IX team to proceed with an initial investigation to include contact with the respondent. The complainant will be eligible for appropriate remedial measures will be applied. The complainant will also be informed that if at any point in the future the complainant wishes for formal action, the complainant can request it at that time. A timeline for next steps will be reviewed, and when appropriate, additional meetings scheduled; or 3. The complainant requests that the College proceed with the formal College conduct process. Remedial measures may be considered. Additional information necessary to proceed with the formal process will be obtained. A timeline for next steps will be reviewed and when appropriate, additional meetings scheduled. In any of the outcomes listed above, appropriate documentation will be completed for submission to the Title IX Coordinator(s). There may be cases in which the information provided requires that action be taken (including initiating informal or formal action), irrespective of the desires of the complainant and in such cases, the College will take that action. In those cases, every effort will be made to explain to the complainant the rationale for moving forward and the relevant procedures and timelines, and to keep them abreast of the process. At no time, however, will the complainant be compelled to participate in the process.

16 Initial Investigation When an initial investigation is pursued, VPSS staff will contact the respondent to schedule a meeting. In that meeting, VPSS staff will review the following: 1. Rights of the respondent, 2. The allegations, 3. The respondent s perspective on the allegations, 4. Actions requested by the complainant, if any, and 5. Actions recommended by the College. If, following the discussion, the respondent agrees to honor the complainant s and College s requests, and the College believes that the complainant s requests are reasonable and appropriate, steps will be taken to complete those actions in a prompt and timely manner. Examples of such actions include, but are not limited to, counseling for the respondent, commitment to change/end the behavior, restricted activity, schedule modification, and educational intervention. The complainant will be notified of the respondent s agreement and appropriate documentation will be completed for submission to the Title IX Coordinator. No reportable disciplinary record is created. However, the information will remain on file should future concerns be reported. When the respondent is not willing to honor the requests of the complainant or the College, a follow-up meeting will be held with the complainant to determine next steps. Although selecting the initial investigation initially, the complainant may wish to modify the request to a formal process. Internal Disciplinary Procedures for institutional disciplinary action in cases of alleged Domestic Violence, Dating Violence, Sexual Assault and Stalking El Centro College s Formal Student Conduct Process When cases involving domestic violence, dating violence, sexual assault, or stalking are reported and a formal conduct process is initiated, the College will provide a prompt, fair, and impartial investigation and resolution. Reports will be investigated (if applicable) and managed by professional staff or College Conduct Committee Members who have been trained on issues related to domestic violence, dating violence, sexual assault, stalking, and victimization, and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. If it is determined that it is appropriate and necessary, a formal investigation process prior to the determination of charges and sanctions will occur. When a formal investigation process is initiated, the assigned investigator will attempt to interview all parties who have substantive information to share about the allegations and will attempt to gather all available documentation. An investigative packet containing the information received and collected will be compiled. If, after factual investigation, charges are assigned and the respondent accepts responsibility, both the respondent and complainant (hereafter party ) have the opportunity to request a sanction review. If the respondent contests the charges (i.e., denies responsibility for one or more of the assigned charges), the matter will be forwarded to a hearing. The standard of evidence in a hearing is a more likely than not, a preponderance standard. In other words, the determination is whether it is more likely than not that a violation occurred. In a hearing, both parties may question all witnesses. Questions may also be posed by each party to the other; however, questioning of the other party will be permitted only through the Hearing Chair.

17 The respondent and complainant may each be assisted by an advisor. Advisor is defined as any person selected by the respondent or complainant to assist and accompany them through the College Conduct Process (including Disciplinary Conferences, Administrative/College Conduct Board Hearings, Sanction Reviews, and formal Appeals). A party shall not select an advisor with the actual or effective purpose of disrupting the proceedings, causing emotional distress to the other party, or otherwise attempting to disrupt the process. The advisor, upon request of either party, may (1) accompany the party in any disciplinary proceeding, (2) advise the party in the preparation and presentation of sharing of information, and (3) advise the party in the preparation of any appeals or sanction reviews. The advisor shall not perform any function in the process other than advising the party and may not make a presentation or represent the party. The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor. The advisor may consult with their advisee quietly or in writing, or outside during breaks, but may not speak on behalf of the advisee. Delays in the conduct process will not normally be allowed due to scheduling conflicts with advisors. Each party will be allowed to submit a statement of facts prior to the hearing that will be added to the hearing packet. Each party will also be allowed to submit an impact statement. Both the respondent and the complainant will be notified simultaneously of the hearing outcome once the written outcome has been submitted to the Case Manager by the hearing chair. If suspension or expulsion is either assigned or was within range for the charges, both the complainant and the respondent will have the opportunity to file an appeal. At the conclusion of any appeal process, both the complainant and the respondent will be notified simultaneously, in writing, of the outcome of the process. Burden of Proof As noted, the standard of evidence for determining whether a violation occurred, specifically when investigating alleged domestic violence, dating violence, sexual assault, and stalking, is preponderance of evidence. Possible sanctions or protective measures El Centro College may impose following a final determination of an institutional procedure. Following a final determination of an institutional procedure regarding domestic violence, dating violence, sexual assault or stalking, the College may impose the following sanctions or protective measures: Students Sanctions up to and including expulsion from the El Centro College Administrative Directives for No Contact: (Students may request a Directive for No Contact through the Office of VPSS. Restriction from portions of campus Change in course assignment Mandated Psychological Evaluation and/or Counseling Mandated Education

18 Faculty/Staff Employee termination from the College Unpaid suspension Restrictions from all or portions of campus Change in working facility Mandated education Written reprimand in personnel file Removal from classroom teaching Removal from administrative position Protecting the confidentiality of victims All members of the El Centro Conduct Committee, Case Managers, and Ivestigators have been trained in confidentiality of student records and the provisions of the Family Educational Rights to Privacy Act. Personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. The College does not publish the name of crime victims nor house identifiable information regarding victims in the El Centro campus Police Departments Daily Crime Log or online. Victims may request that directory information on file be removed from public sources. Education and Prevention Programs El Centro College engages in comprehensive educational programming to prevent domestic violence, dating violence, sexual assault and stalking. Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for the campus community that: A Defines domestic violence, dating violence, sexual assault and stalking as prohibited conduct; B. Defines what behavior constitutes domestic violence, dating violence, sexual assault, and stalking; C Defines what behavior and actions constitute consent to sexual activity in the Texas Penal code; D. Provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than the bystander; E. Provides information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to minimize the risk of potential attacks; F. Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act. Programs to Prevent Sexual Harassment and Sexual Assault Programs and resources are available to members of the El Centro College community concerning sexual harassment and sexual assault. For information regarding these resources or programs please contact the Crime Prevention Officers with the DCCCD/El Centro Police Department El Centro College has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; presenting programs throughout the year on at least a quarterly basis, including sessions such as: Sexual Harassment and Rape Prevention (SHARP) in collaboration with the College Police. This is a free course that stresses awareness and prevention.

19 El Centro College Sexual Assault Policy It is the policy of DCCCD El Centro College to prohibit any form of Sexual Assault and to prevent sex offenses committed against students, employees, visitors to the college, and other persons who use college facilities. Sexual Assault is a crime, defined by the Texas Penal Code. Campus Sex Crimes Prevention Act The Federal Campus Sex Crimes Prevention Act, (section 1601 of Public Law ) enacted on October 28, 2000, went into effect October 28, It is a law that provides for the tracking of convicted, registered sex offenders enrolled as students at institutions of higher education, or those working or volunteering on campus. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already registered in a state to provide notice to the appropriate state agency, as required under state law, of each institution of higher education in that state at which the person is employed, carries on a vocation, or is a student. The Clery Act, as amended by the Campus Sex Crimes Prevention Act, requires an educational institution to state the location of where information concerning registered sex offenders is maintained. A list of current sex offenders pertinent to the El Centro College campus is developed and maintained in the DCCCD/El Centro Police Department in Bldg. A, Room # A-056. A list of registered sex offenders in the State of Texas can be viewed at Notification of Counseling and Assistance: Counseling for victims of sexual harassment or sexual assault can be found through the following agencies: El Centro College Counseling Center El Centro College Health Center Dallas Area Rape Crisis Center Texas Department of Family and Protective Services Texas Crime Victims Compensation P.O. Box Austin, Texas National Center for Victims of Crime 800-FYI-CALL National Domestic Violence Program SAFE National Organization for Victim Assistance 800-TRY-NOVA National Sexual Assault Hotline Any victim who reports an incident to an on campus official will be advised of counseling services.

20 Health and Wellness El Centro College Health Center The El Centro College Health Center is student and staff centered; concerned with the physical, emotional and social homeostasis for all. Promoting an environment of health that will enhance academic productivity and reduce medically related attrition. The Health center is conveniently located on campus in the Bldg. A Room # 270, on the second floor. Information contained in student health records is confidential and cannot be released to anyone (including parents and faculty) without the express written consent of the patient, except as provided for by law. Students and Employees may contact Dr. Katherine Woods at Health Center Services: Treatment for minor illnesses and injuries Over the counter medications Tuberculosis skin testing and some immunizations Pregnancy Testing Hours*: Monday - Thursday 8:00 am 7:00 pm Friday 8:00 am - 4:30 pm *Clinic hours are subject to change. El Centro College Counseling Center College life can be an exciting and a unique experience however there are times when the stress of juggling studying, working and a personal life may be overwhelming and frustrating. Many students find themselves dealing with anxiety, substance abuse, depression and suicidal thoughts. El Centro College Counseling Center is available to assist students. The Counseling Center is committed to treating the psychiatric, behavioral and emotional needs of the Colleges students. The clinic s licensed, caring mental health professionals understand that mental illness and disorders are real and are here to help students navigate through these rough waters. The Counseling Clinic supports the mission of the College by enabling students to maximize their educational experience through counseling and psychotherapy. The Counseling Clinic is conveniently located in the A Building in Room A-110. Call to schedule your confidential appointment.