Annual Security and Safety Report 2016

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2016
Annual Security and Safety Report
Crime Security Awareness, Safety and Prevention
• Jeanne Clery Disclosure of Campus Security Policy
• Campus Crime Statistics 2013-2015
• Safety Programs and Services - including sexual assault and sexual
violence
• Drug-Free Schools and Communities Act
• Violence Against Women Act

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Contents
Campus and Community Resources.........................................................................................4
The Clery Act...................................................................................................................................5
Security Awareness and Crime Prevention........................................................................... 10
Drug and Alcohol Policies..........................................................................................................19
Sexual Violence and Sexual Harassment Programs, Reporting Procedures................. 23
Discrimination and Harassment............................................................................................... 33

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A Message from the Del Mar College Clery Compliance Committee
We are pleased to distribute the 2016 Annual Security and Safety Report (ASR) for Del Mar
College (DMC). The ASR is to be prepared annually to be in compliance with the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and
subsequent amendments specified in the Higher Education Opportunity Act (HEOA) and the
reauthorization of the Violence Against Women Act (VAWA).
The ASR was prepared by the DMC Compliance Committee which consists of members
from the DMC Security Office, Environmental Health and Safety Office, the Dean of Student
Engagement and Retention and the Vice President of Student Affairs. The ASR is an overall
guide for many safety and security policies at DMC and can serve as a guide regarding
education and prevention programs in which all community members are invited to attend. The
ASR also provides crime statistics for the 2013-2015 calendar years for your review.
The safety and well-being of our students, staff, faculty and visitors are of the utmost
importance and are continually at the forefront of what we do on a daily basis. Del Mar College
consistently works to reduce the risk and potential for crime and other hazardous situations.
However, despite our best efforts, crimes and hazardous situations may still occur. Safety and
Security is a shared responsibility, and we expect all DMC community members to contribute to
the safety and security of our campuses. We ask that if you see something, anything which may
cause you to pause, contact DMC Security at (361) 698-1946. Remember it’s always best to say
something if you see something.
If you have any questions or suggestions regarding this publication, please feel free to contact
the Chief of Security at (361) 698-1641; DMC Environmental Health and Safety at (361) 698-
1641, or the Dean of Student Engagement and Retention at (361) 698-1277.
DMC Compliance Committee
Dr. Rito Silva
Vice President of Student Affairs
Cheryl G. Sanders
Dean of Student Engagement and Retention
Kelly White
Director of Environmental, Health, Safety and Risk Management
Lauren White
Interim Chief of Security

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Campus Resources
Counseling Center............................................................................................................................ (361) 698-1586
Harvin Student Center, East Campus, Room 233A
www.delmar.com/counsel
Dean of Student Engagement and Retention...........................................................................(361) 698-1277
Harvin Student Center, East Campus, Room 204
www.delmar.com/engage
Title IX Coordinator
Services for Students – Cheryl Sanders.........................................................................................(361) 698-1277
Services for Faculty and Staff – Jerry Henry................................................................................(361) 698-1088
Office of General Counsel..............................................................................................................(361) 698-1098
Environmental Health, Safety and Risk Management.............................................................(361) 698-1641
Maintenance Building, East Campus, Room 105
www.delmar.edu/safety
Financial Aid Services....................................................................................................................... (361) 698-1293
www.delmar.edu/finaid
Disability Services Office................................................................................................................. (361) 698-1292
www.delmar.edu/disability
Student Leadership and Campus Life..........................................................................................(361) 698-1279
Harvin Student Center, Room 105
www.delmar.edu/leadership_campus_life
Vice President of Student Affairs..................................................................................................(361) 698-2250
St. Clair Building, East Campus, Room 116C
Student Veterans Services.............................................................................................................. (361) 698-1250
www.delmar.edu/veteran
Campus Security
Emergency............................................................................................................................................(361) 698-1199
Non-emergency.................................................................................................................................(361) 698-1946
Community Resources
City of Corpus Christi Police Department
Emergency......................................................................................................................................................911
Non-Emergency................................................................................................................................ (361) 886-2600
MHMR 24-Hour Crisis Line............................................................................................................1-800-762-0157

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The Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery
Act) is a federal mandate requiring all institutions
of higher education that participate in the
federal student financial aid program to make
known crimes occurring on their campus and
in the surrounding community. The Clery Act is
enforced by the U.S. Department of Education,
and campuses that fail to comply are penalized
with hefty fines and may be suspended from
participating in federal financial aid programs.
The Clery Act was signed in 1990 and is named
after Jeanne Clery. She was a student who
was raped and murdered in a residence hall
at Lehigh University in 1986. Clery’s parents
lobbied Congress to enact the law so that
parents, students and faculty know about crimes
on campus.
Compliance with the Clery Act
The Clery Act requires Del Mar College (DMC)
to provide timely warnings of crimes that
represent a threat to the safety of students
and employees. The campus security policies
are made available to the public on the DMC
website. The act requires DMC to collect, report
and make the Annual Security and Safety Report
available to everyone on campus as well as to
the Department of Education.
To be in full compliance, DMC must do the
following:
1. Publish and distribute the Annual Security
and Safety Report to current students,
prospective students and employees by
October 1 of each year. The report must
include crime statistics for the past three
years, campus policies about safety and
security measures, campus crime prevention
programs and list procedures to be followed
in the investigation of alleged sex offenses.
2. Provide students and employees with timely
warnings of crimes that represent a threat to
their safety.
3. DMC security must keep and make available
a crime log of all crimes reported to them in
the past 60 days.
In addition to the items above the Annual Security
and Safety Report addresses the Violence
Against Women Act (VAWA) amendments to the
Clery Act. VAWA expanded the rights afforded
to campus survivors of sexual assault, domestic
violence, dating violence and stalking.
The safety and security of all members of the
College community are paramount issues of
concern. The pages in the report contain detailed
information regarding: crime prevention, fire
safety,lawenforcementauthority,crimereporting
policies, disciplinary procedures and other areas
of security and safety on campus. This report
also contains information about campus crime
statistics. Members of the campus community
are encouraged to use this report as a guide for
safe practices on and off campus. The report is
available at www.delmar.edu/Disclosure.aspx.
Every member of DMC receives an email that
describes the report and provides its website
address. For more information or to request a
paper copy of this report, contact the Dean of
Students Engagement and Retention at (361)
698-1277.
Preparing the Annual Disclosure of
Crime Statistics
The College coordinates the collection and
reporting of crime statistics as specified in the
Jeanne Clery Disclosure of Campus Security
Policy and Crime Statistics Act (Clery Act). Each
year, the institution notifies all enrolled students
and employees, via email, that they can view the
report at www.delmar.edu/Disclosure.aspx.
Prospective employees and students are notified
about the availability and location of the report
via the online employee and student application
process. This report is prepared in cooperation
with DMC security, the office of Environmental,
Health, Safety and Risk Management, local law
enforcement agencies and the Office of Student
Affairs. Each entity provides current information
about its Safety and Security Educational efforts
The Clery Act

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and programs. Annually, DMC sends a written
request to Campus Security Authorities (CSAs)
requestinginformationaboutallCleryCrimesthat
occurred on DMC’s Clery Geography that were
reported to them. DMC does allow individuals to
report crimes on a confidential, voluntary basis
for inclusion in the annual disclosure of crime
statistics.
Reports of criminal activity given to CSAs and
reports of crimes made to local law enforcement
agencies are collected and included in the
Annual Security and Safety Report as required by
the Clery Act.
“Campus Security Authority” (CSA) means an
individual with responsibility for campus safety
and security. This includes campus security;
individuals who are responsible for monitoring
buildings or college grounds or with similar
security responsibilities who are not part of
campus security; individuals or organizations
specifically identified to receive reports of
criminal offenses; and college officials but
not limited to all deans, directors, department
chairs, student conduct and advisors to student
organizations.
Campus Security and Crime Awareness
Through the teamwork of the College and
campus community, DMC consistently strives
to be among the safest large community
college campuses in Texas. We work to achieve
this by developing a partnership with students,
administrators, faculty and staff. With a campus
population of more than 12,000, DMC campus
is a reflection of the communities it serves and is
not immune to societal problems.
Preventing or reducing crime in any community
is a tough task. Success in crime prevention
and safety at DMC depends largely on the
education and participation of the campus
community. The campus community is provided
information about safety programs and services,
but individuals should be advised that they are
responsible for their own security and safety.
Each year the College is responsible for
publishing this annual report concerning
campus security and crime statistics. The report
provides information for reporting crimes,
important college policies and procedures,
law enforcement and security on campus and
support services for victims of crimes.
It is the policy of DMC to provide an environment
conducive to an educational mission; thus
any conduct that is prohibited by state, federal
or local law is subject to discipline under the
provisions of policies stated in the Del Mar
College Policy Manual and Student Handbook as
appropriate. The College monitors and reports
to law enforcement agencies illegal conduct of
students, faculty or staff on College premises
or off-campus locations. In addition, College
officials may refer any evidence of illegal activities
to the proper local, state or federal authorities
for review and potential prosecution.
Campus Security and Police Authority
DMC has a contract with a licensed security
company to provide commissioned security
guards who provide services 24 hours a day, 7
days a week.
Law Enforcement Authority
DMC employs off-duty CCPD police officers who
are trained and certified under the guidelines of
the State of Texas. Officers are sworn with the
full powers of arrest and mandated to enforce
all applicable federal and state laws as well as
local ordinances. Reports of offenses occurring
on campus are generally investigated by the off-
duty CCPD officers and forwarded to the Corpus
Christi Police Department for any follow-up
investigation. DMC also maintains formal and
informal liaisons with various local, state and
federal law enforcement agencies in support of
campus security and safety efforts.

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Accurate and Timely Reporting of
Criminal Offenses
DMC community members are encouraged to
accurately and promptly report all crimes to DMC
Security and local police agencies. Reporting of
criminal offenses aids the College in informing
the community when necessary and assists in
the accurate reporting of crimes statistics. The
campus community is encouraged to report all
crimes in a timely manner. Any alleged criminal
actions (including sex offenses) or emergencies
that occur on or off campus of the College can
be reported in any of the following ways:
For Emergencies
• Dial 911
• Emergencies include any crime in progress
or medical emergencies.
• DMC Security dial (361) 698-1199 to report
any emergency to campus security.
Non-Emergencies
• Call DMC security at (361) 698-1946
• Use a Code Blue telephone at locations
throughout the campus
• Request that any campus official assist with
reporting the alleged crime
• TTY callers: (800) RELAY TX
Timely Warnings
DMC provides timely warning to the campus
community when a crime is reported to have
occurred on DMC’s Clery Geography and is
considered to represent a serious or continuing
threat to students or employees.
The College will distribute timely warning
announcements when there appears to be a
threat to the safety and security of persons on
campus for the following crimes:
• Aggravated assault
• Arson
• Burglary
• Negligent manslaughter
• Motor vehicle theft
• Murder/Non – negligent manslaughter
• Robbery
• Sex offenses
• Domestic violence/ dating violence/ stalking
• Violations of liquor laws, drug law or weapons
possession law
• Any crimes where victim was based solely on
their race, gender, gender identity, religion,
disability, sexual orientation, ethnicity or
national origin
Decisions concerning whether to issue a timely
warning will be made on a case-by-case basis
using the following criteria:
• Nature of the crime
• Danger and continuing danger to the campus
• Risk of compromising law enforcement
efforts
Criminal reports are considered on a case-by-
case basis, depending on the facts and the
information known by campus security. For
example, if an assault occurs between two
students who have a disagreement, there may
be no on-going threat to other DMC community
members and a timely warning may not be
distributed. In cases involving sexual assault,
they are often reported long after the incident
occurred, thus there is no ability to distribute a
“timely” warning notice to the community. The
DMC Chief of Security or designee reviews all
reports to determine if there is an on-going
threat to the community and if the distribution of
a timely warning is warranted. Timely warnings
may also be posted for other crime classifications
and locations, as deemed necessary. These
crimes are normally reported directly to campus
security. However, sometimes they are reported
to a local law enforcement agencies or Campus
Security Authorities (CSAs). Campus security has
requested CSAs notify campus security about
crimes reported to them that may require a
timely warning.

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Timely warnings are primarily distributed through
the College’s email system but may also be
• Posted on campus bulletin boards or other
appropriate locations
• Sent to campus and local newspapers
Timely warning notices are usually written by
the Chief of Security, or designee and distributed
by College Relations. Warnings will contain
information about the nature of the threat
and allow members of the community to take
protective action.
Emergency Response and Evacuation/
Closing Procedures on Campus
DMC regularly develops and updates plans
and procedures for emergency response
and evacuation for the campus community.
Emergency plans and procedures as well as a
variety of additional resources are available for
viewing at www.delmar.edu/Guide.aspx.
Possible emergencies that may occur include,
but are not limited to the following:
• Bomb threat
• Campus violence
• Civil unrest
• Explosion
• Fire (localized building fire or wildfire)
• Gas leak
• Hazardous material spill
• Public health crisis
• Severe weather
• Terrorist incident
Environmental Health and Safety (EH&S) is
responsible for conducting tests of emergency
response and evacuation procedures on at
least an annual basis through a variety of drills
and exercises designed to assess and evaluate
emergency plans and capabilities. Emergency
notification systems are tested at least once
annually. Exercises may include tabletop,
functional, full-scale or any combination thereof.
Tests may be announced or unannounced
in advance to the campus community. Each
test is documented, including at a minimum a
description of the test, the date and time, and
whether it was announced or unannounced.
Various campus units, including EH&S and
security, utilize outreach programs to train and
educate the campus community, providing the
knowledge needed to respond appropriately to
various types of hazards.
Emergency Notification System
Upon confirmation of a significant emergency
or dangerous situation involving an immediate
threat to the life, safety or security of the campus
community occurring on campus, DMC will,
without delay -- and taking into account the
safety of the community -- determine the
content of emergency notification messages and
initiate the notification system. Unless issuing a
notification will, in the professional judgment of
the responsible authorities, compromise efforts
to assist a victim or contain, respond to, or
otherwise mitigate the emergency.
The following campus officials have been
designated to serve as authorized officials who
are empowered to approve the content and
issuance of emergency notifications:
• President or designee
• Provost
• Chief of Security or designee
• Vice President of Student Affairs
• Director of Environmental Health and Safety
or designee
• Executive Director of Strategic
Communication and Government Relations
or designee

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When an authorized official receives a report
of an imminent or already occurring situation
that poses an immediate threat to life, safety or
security on campus, the official will confirm the
report. Depending on the situation, confirmation
may be achieved through one or more of the
following sources:
• Investigation by campus security, including
off-duty CCPD officers
• Investigation by other DMC campus unit,
including but not limited to the Director
of Environmental, Health, Safety and Risk
Management, Vice President of Student
Affairs and Director of Facilities
• Investigation by City of Corpus Christi Fire
Department and/or Police Department
• Nueces County Emergency Services and/or
Health Department
• Texas Department of State Health Services
• Media reports originating from the incident
scene
The authorized official will determine, consulting
with other campus officials as appropriate, how
much information is appropriate to disseminate
at different points in time. This determination
will be based on the following:
• Nature of incident or threat
• Segment to be notified
• Location of the incident or threat
Dependingonthecircumstances,DMCmaysend
emergency notification messages to the entire
campus community or only a segment of the
population. If a confirmed emergency situation
appears likely to affect a limited segment of the
campus community, emergency notification
messages may be limited to that group. If the
potential exists for a very large segment of the
campus community to be affected by a situation
or when a situation threatens the operation of
the campus as a whole, then the entire campus
will be notified.
In any case, there will be a continuing assessment
of the situation and additional segments of
the campus community may be notified if the
situation warrants such action. The authorized
official will, considering the nature of the threat
and the population to be notified, choose the
appropriate communication tool(s) to utilize.
DMC has at its disposal a number of tools
that may be used to disseminate emergency
notifications to the campus community.
Emergency notification will typically be sent
through:
• DMC Alert (Powered by Rave Mobile Safety)
• Email
• Information posted on the DMC website
and/or social media
Additional notification methods may include:
• Fire alarms
• Public address systems
• Posted advisory messages
• Emergency responder announcements
The nature of the emergency will determine
the types and extent of the notification. The
authorized official will approve the issuance
of notification and contact College Relations
which will issue the notification message as
soon as possible. The authorized official will
notify administration.

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Security Awareness and Crime Prevention
Security/Safety Awareness
Del Mar College is concerned about the safety
and security of all students, faculty, staff and
visitors to our campuses. Throughout the year,
the Security Office, along with the Environmental
Health and Safety Office, provides training for
individuals on various security and safety issues.
The trainings include:
1. Active Shooter (face to face and online
available)
2. CRASE (Civilian Response to Active Shooter
Events)
3. Campus Threat (online video)
4. New Student Orientation
5. Blood Borne Pathogens
6. Hazard Communication (online)
7. Fire Alarm and Portable Fire Extinguisher
8. Kitchen Safety
9. Back Safety and Injury Prevention
10. Forklift Safety
11. Pallet Stand Safety
The Security Office and the Environmental
Health and Safety Office also provides general
safety and security information to the Foghorn
(student newspaper). The offices also send
out timely mass notification announcements
regarding potential campus threats and severe
weather updates. The Office of Environmental
Health and Safety works with community
agencies to inform students, faculty and staff of
public health notifications which might impact
the Del Mar community.
Crime Prevention
Education and Prevention Programs 2015
Del Mar College provided the community with
programs that aid in promoting the prevention
of dating violence, domestic violence, sexual
assault and stalking for all incoming students
and new employees and ongoing awareness
and prevention campaigns for students and
employees.
Policy Statement A9.1.8 Del Mar College
Educational Programs and Resources: In
addition to assisting students and employees
with complaints, the College continues to take
steps aimed at reducing or eliminating sexual
violence by offering or making available the
following resources and educational program
to students and employees:
1. Sexual Violence Awareness Prevention
Workshops/Trainings (including rape,
acquaintance rape, or other sex offenses,
forcible or non-forcible)
2. Bystander Training
3. Alcohol and Other Drug Abuse Prevention
Workshop/Trainings
4. Title IX Workshops/Trainings
Students and employees may also obtain written
information on the topics listed above, as well
as published crime statistics. Students have
the opportunity for on-campus confidential
counseling and referral for treatment to off-
campus, community-based counseling services.

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TheCollegehasdevelopedanannualeducational
campaign consisting of presentations that
include distribution of education materials to
new students and participating in and presenting
information and materials during new employee
orientation.
The College offered the following prevention
and awareness programs in 2015:
1. NewStudentOrientationsessionsthroughout
the calendar year on Title IX and the Campus
SaVE Act, online and in-person
2. Online Title IX and Campus SaVE Act Trainings
for Faculty and Staff
3. Student Heath 101 Interactive Digital
Magazine that provided a monthly feature
addressing the requirement of Title IX and
the Campus SaVE Act (January- Survivor’s
Speak Up; February- Consensus on Consent;
March- Men as Allies and Survivors; April-
Red-flagging Unhealthy Behaviors; May-
Individual and Community Empowerment;
June- Recovering from Sexual Assault and
Abuse; September- Sexual Assault; October-
Social Event/Sexual Assault; November- Male
Sexual Assault; December-Sexual Consent)
4. Posters and Flyers displayed around campus
on Title IX and the Campus SaVE Act (What
to Do if you are Victim of Sexual Violence;
Where to Get Help if you are a Victim of
Sexual Violence; How to Help a Victim of
Sexual Violence)
5. Del Mar College Sexual Violence Brochure
(Facts and Resources on Sexual Assault,
Stalking, Dating Violence and Domestic
Violence)
6. Texas Association Against Sexual Assault
Brochures (Confronting Sexual Assault;
Strategies for Avoiding Sexual Assault;
Stalking)
7. Foghorn (Student Newspaper) articles on
Title IX and the Campus SaVE Act
8. March: Spring Break Bash (Local Agencies
on Campus: Women and Men’s Clinic,
South Texas Family Planning, Texas Council
on Alcohol and Drugs of the Coastal Bend
and Coastal Bend Wellness) to promote the
awareness and prevention of Dating Violence,
Binge Drinking, STD’s, Sexual Awareness
(Assault, Misconduct and Violence).
9. August: Speaker, Justine Shuey presented on
Title IX “50 Shades of No”
10. August: “Girls Night Out” event about college
life and staying healthy, sane and safe
11. October: Speaker, Jereme Ford presented
“Domestic Violence: That’s Abuse Too!”
12. October: Spooktakular Heath Fair featuring
Alcohol and other Drug Education and
Personal Safety
13. Council on Alcohol/Drug Awareness of the
Coastal Bend (Informational table four times
throughout the calendar year)
14. Women’s and Men’s Health Clinic
(Informational table eight times throughout
the year including four HIV/STD testing
sessions)
15. Coastal Bend Wellness (Informational table
five times throughout the calendar year)

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Crime Stoppers
Anyone with information on criminal activity can
call (361) 888-TIPS (8477) and may receive a cash
award if the tip leads to the arrest and indictment
of the criminal offender. The cash award comes
from the Corpus Christi Crime Stoppers, a non-
profit organization. You may remain anonymous
when you report your crime tip. Students and
employees are urged to use this reporting option
when anonymity is a primary concern.
If an individual does not want to report a crime to
the police the individual may also report crimes
to a designated campus security authority (CSA).
These designated individuals have significant
responsibility for student and campus activities,
and as such are provided notice by DMC as to
the extent of their responsibility and how to
report crimes to DMC.
An anonymous reporting system is available on
the DMC webpage for information about crimes
not in progress. This site is not monitored 24/7.
For a more timely response, please contact
Campus Security at (361) 698-1946 or call 911.
The site can be reached at www.delmar.edu/
etips.
Security Services
Campus security is responsible for ensuring all
exterior doors at DMC facilities are secured after
hours.
Emergency Telephones
Emergency phones (Code Blue Phones) have
been placed at strategic locations on campus.
When the emergency button is pushed, the
location of the call is automatically identified and
the caller is connected to the campus security.
College Keys/Access
Physical Facilities is responsible for all points of
access and the means by which they operate.
DMC has an established policy and procedure
for the issuance of keys/access cards and
documents for the faculty and staff who are
issued keys/access cards.
Electronic Alarm Security
DMC has a contract with an off-site monitoring
company for fire and security alarms.

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2013-2015
Clery Act Statistics
• East Campus
• West Campus
• Center for Economic Development (CED)
• Northwest
• Aviation Maintenance Hangar

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No unfounded cases for this reporting period.

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Del Mar College is committed to working to
maintain a safe, healthy, lawful and productive
working and educational environment for
all employees and students. Studies have
shown that use of illegal drugs and abuse of
alcohol increases the potential for accidents,
absenteeism, tardiness, unsatisfactory
performance, inefficiency, poor employee
morale and damage to the College’s reputation.
The intent of this policy is to make Del Mar
College a better place to study and work through
upgrading the mental and physical health of the
total College community. It acknowledges the
freedom of choice for those individuals who
require or seek information relative to drug/
alcohol abuse.
A. Definition of Legal Drugs
• A “legal drug” is a prescribed drug or over-the-
counter drug which has been legally obtained
and is being legally used for the purpose for
which it was prescribed or manufactured.
B. Definition of Illegal Drugs
• An “illegal drug” is any drug or controlled
substance which is (l) not legally obtainable
or (2) is legally obtainable but was not legally
obtained. The term “illegal drug” includes all
illegal drugs, dangerous drugs and controlled
substances defined and listed in Articles 4476-
14 and 4476-15 (Texas Controlled Substances
Act) Vernon’s Texas Civil Statutes. Marijuana,
hashish, cocaine, PCP, LSD, heroin, dilaudid,
quaaludes, steroids and methamphetamine
are only a few of the dangerous drugs or
controlled substances which are included
within such terms.
• This policy applies to all students and
employees of Del Mar College, as well as
College visitors, contractors and all other
personsoccupyingspacein/onconveyances,
offices, buildings, facilities, or grounds over
which Del Mar College has custody and
control, including, but not limited to, rentals
Drug and Alcohol Policies
and leasing of auditorium and classroom
spaces.
• This policy does not cancel or supersede
other laws, orders, instructions, or
regulations which make the use, possession
and/or distribution of dangerous drugs and
controlled substances illegal.
• When personal or behavioral problems begin
to affect an employee’s work or student’s
academic performance, and this appears to
be the result of drug or alcohol abuse, the
individual may be referred to the College
Counseling Center for information on
drugs/alcohol and/or to local community
professionals. The student shall be
responsible for any cost and/or fees incurred
for professional services. Information
concerning diagnosis, treatment and medical
records will be kept strictly confidential.
• It is recognized that a person’s job
performance or academic studies may be
affected by persons in the employee’s or
student’s family who have alcohol, drug, or
other emotional or behavioral problems.
Therefore, the College will offer information
services to these family members, but
accepts no further responsibility.
• Use, distribution, or possession of alcoholic
beverages, dangerous drugs, or controlled
substances while on College property or at
any authorized activity sponsored by or for
any College-related organization, whether
on or off campus, is subject to disciplinary
action.
Services Offered on Campus
Counseling Center
(361) 698-1586
Disability Services
(361) 698-1292
(361) 698-1277

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Compliance with Policies and Laws
Each DMC student should be familiar with all
published college policies. DMC holds each
student responsible for compliance with these
published policies. A violation that occurs off
campus during a college-sponsored program or
activity may be treated the same as if it occurred
on campus.
Students are also expected to comply with all
federal, state and local laws; any student who
violates any provision of those laws is subject to
disciplinary action in addition to any action taken
by civil authorizes because of the violation. This
principal extends to conduct off campus that is
likely to have an adverse effect on the College or
the educational process.
All sanctions are cumulative. Students who have
previous Code of Conduct violations, including
alcohol policy violations, may receive increased
sanctions. Sanctions may also be increased
based on the severity of the behavior.
Title IV Consumer Information
Disclosure - Drug and Alcohol Abuse
Prevention/Policy
B5.40 Policy on Drugs and Alcohol: The
purpose of this policy is to inform the Del Mar
College community of its intent to comply with
the “Drug Free Schools and Communities Act of
1986” (PL 99-570).
B5.40.1 General Statement: Del Mar College
is committed to working to maintain a safe,
healthy, lawful and productive working and
educational environment for all employees
and students. Studies have shown that use of
illegal drugs and abuse of alcohol increases the
potential for accidents, absenteeism, tardiness,
unsatisfactory performance, inefficiency, poor
employee morale and damage to the College’s
reputation. The intent of this policy is to make
Del Mar College a better place to study and
work through upgrading the mental and
physical health of the total College community.
It acknowledges the freedom of choice of those
individuals who require or seek information
relative to drug/alcohol abuse.
B5.40.1.1 Definition of Legal Drugs: A “legal
drug” is a prescribed drug or over-the-counter
drug which has been legally obtained and is
being legally used for the purpose for which it
was prescribed or manufactured.
B5.40.1.2 Definition of Illegal Drugs: An “illegal
drug” is any drug or controlled substance which
is (1) not legally obtainable or (2) is legally
obtainable but was not legally obtained. The
term “illegal drug” includes all illegal drugs,
dangerous drugs, and controlled substances
defined and listed in Articles 4476-14 and 4476-
15 (Texas Controlled Substances Act) Vernon’s
Texas Civil Statutes. Marijuana, hashish, cocaine,
PCP, LSD, heroin, dilaudid, qualudes, steroids,
and methamphetamine are only a few of the
dangerous drugs or controlled substances
which are included within such terms.
B5.40.2 Educational Objectives:
B5.40.2.1 To include the subject of illegal drug
and alcohol abuse in future College-sponsored
student and employee training programs.
B5.40.2.2 To inform employees of the College’s
informational service and of this policy
through various means, such as divisional and
departmental meetings, and new employee
orientation processes.
B5.40.2.3 To inform students of the College of
this policy and informational services through
various means, such as the campus newspaper
Foghorn, Counseling Office, club meetings,
“drug free”- related activities each semester and
the College’s electronic data board located in
the campus student centers.
B5.40.3 Applicability and Scope:
B5.40.3.1 This policy applies to all students
and employees of Del Mar College, as well
as College visitors, contractors and all other
persons occupying space in/on conveyances,
offices, buildings, facilities, or grounds over
which Del Mar College has custody and control,
including but not limited to, rentals and leasing
of auditorium and classroom spaces.

21
B5.40.3.2 This policy does not cancel or
supersede other laws, orders, instructions, or
regulations which make the use, possession,
and/or distribution of dangerous drugs and
controlled substances illegal.
B5.40.4 Drug and Alcohol Information Services:
The College recognizes that alcoholism and
drug dependency are “illnesses” or “disorders”
and the College will provide information to any
employee or student seeking assistance.
B5.40.4.1 When personal or behavioral problems
begin to affect an employee’s work or a student’s
academic performance and this appears to be
the result of drug or alcohol abuse, the individual
may be referred to the College Counseling
Center for information on drug/alcohol and/or
to local community professionals. The following
guidelines apply to all persons seeking help.
B5.40.4.2 Employees or students shall not be
discriminated against because they are known to
have had alcohol, drug, or any other behavioral
problems as evidenced by their responsibly
seeking or utilizing counseling or treatment
services.
B5.40.4.3 As outlined in the College’s Sick
Leave Policy (B5.27), employees may utilize
accumulated sick leave or a reasonable leave
of absence without pay for the purpose of
treatment or rehabilitation as in any other illness.
B5.40.4.4The employee or student shall be
responsible for any cost and/or fees incurred for
professional services.
B5.40.4.5 It is recognized that a person’s
job performance or academic studies may
be affected by persons in the employee’s or
student’s family who have alcohol, drug, or other
emotional or behavioral problems. Therefore,
the College will offer information services to
these family members, but accepts no further
responsibility.
B5.40.4.6 Information concerning a student’s or
employee’s diagnosis, treatment and medical
records will be kept strictly confidential.
B5.40.5 Prohibition of Anabolic Steroid or
Human Growth Hormone: Section 7, Section
4.11, Texas Controlled Substances Act (Article
44.76, Vernon’s Texas Civil Statutes), requires that
the following notice be posted in a conspicuous
place in the gymnasium:
Anabolic steroids and growth hormones are
for medical use only. State law prohibits the
possession,dispensing,delivery,oradministering
of an anabolic steroid or growth hormone in
any manner not allowed by State law. State
law provides that body building, muscle
enhancement, or increasing muscle bulk or
strength through the use of an anabolic steroid
by a person who is in good health is not a valid
medical purpose. Only a medical doctor may
prescribe an anabolic steroid or human growth
hormone for a person. A violation of state law
concerning anabolic steroids or human growth
hormones is a criminal offense punishable by
confinement in jail or imprisonment in the Texas
Department of Corrections.
B5.40.6 Prohibition (Drugs and/or Alcohol):
The College prohibits the unlawful manufacture,
sale, distribution, dispensation, possession, or
use of controlled substances and/or alcohol in
the workplace. The College further prohibits the
consumption of any alcoholic beverage or being
under the influence of alcohol or any controlled
substances within the workplace or in College
owned vehicles. An individual need not be
legally intoxicated to be considered “under the
influence of a controlled substance or alcohol.”
B5.40.6.1 Exemptions (Presidential Approval
Required): The College President is authorized
to approve exemptions to B5.40.6 to allow the
serving of alcoholic beverages, as provided
by law, at various Foundation, Alumni and
community events sponsored or approved by
the College. Exemption requests shall be made
on a form provided by the College.
B5.40.7 Condition of Employment: As a
condition of employment with the College or
as a condition of receiving or continuing to

22
receive a federal grant, each person affected
shall abide by the terms of the requirements and
prohibitions set out in this policy and shall notify
the College President, in writing, of any criminal
drug statute conviction for a violation occurring
in the workplace no later than five (5) days after
such conviction.
B5.40.7.1 Within thirty (30) days of receiving
notice from an employee or grant recipient, or
otherwise receiving actual notice of a conviction
for criminal drug statute violation occurring
in the workplace, the College shall either (1)
take appropriate personnel action against
the employee up to and possibly including
termination, or (2) require the employee
to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved
for such purposes by a federal, state or local
health agency, law enforcement agency or
other appropriate agency.
B5.40.8 Notice: Each employee, full-time or
part-time, as well as student workers and grant
recipients, shall be given a copy of the College’s
policy on drugs and alcohol and must sign a
statement attesting to the receipt of the policy.
B5.40.8.1 A copy of this policy shall be printed in
the College Student Handbook.
A5.40.9 Drug Prevention Program: The
Administration hereby adopts and implements a
program to prevent the illicit use of drugs and
the abuse of alcohol by employees and students
in the workplace. This policy will be maintained
in compliance with federal regulations on behalf
of the Drug-Free Schools and Communities
legislation.
A5.40.9.1 Annually the College will distribute
copies of this policy and others related to it to
each employee and to each student enrolled in
a credit course or courses.
A5.40.9.2 For all of the above persons, the
College prohibits the unlawful possession,
use, or distribution of illicit drugs or alcohol on
College property or as part of College activities.
A5.40.9.3 All students and staff are reminded
that local, state, and federal laws provide legal
sanctions for unlawful possession of illicit drugs
and alcohol. These sanctions may include
probation and/or imprisonment.
A5.40.9.4 Numerous health risks are associated
with the use of alcohol, tobacco and illicit drugs.
These include fetal alcohol syndrome, cancer,
heart problems, cirrhosis of the liver, AIDS and
mental and other health problems.
A5.40.9.5 The College provides limited
counseling services for students and employees
who desire them, but prefers to refer those in
need of treatment and rehabilitation to local
community professionals. Current employee
health benefits include insurance coverage for
treatment of illnesses associated with the use of
illicit drugs and the abuse of alcohol.
A5.40.9.6 The College will impose disciplinary
sanctions consistent with law and other policies
that have been or will be established on students
and employees. These sanctions may extend
up to, and include, expulsion from the College
or termination of employment and referral for
prosecution. A disciplinary sanction may include
the completion of an appropriate rehabilitation
program.
A5.40.9.7 The College will undertake a
biennial review of this program through the
College Heads-Up Committee to determine its
effectiveness, implement changes as needed,
and ensure that its disciplinary sanctions are
consistently enforced.

23
B9.1 Policy Prohibiting Sexual Violence
B9.1.1 Purpose and Authority: Del Mar College
establishes this policy and related procedures in
its continuing effort to seek equity in education
and employment, and consistent with its legal
responsibility and authority to take measures to
address and prevent sexual violence, as required
by Title IX of the Higher Education Act of 1964,
as amended, and the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime
Statistics Act (the “Clery Act”), as amended.
This policy is intended to inform students and
employees of their rights if they are subjected
to sexual violence, including the complaint
procedures and support services that a survivor
of sexual violence can access. This policy is also
intended to inform students and employees of
their responsibilities if they are aware that sexual
violence has occurred to a Del Mar College
student or employee.
B9.1.2 Statement of Policy: Del Mar College (the
“College”) will not tolerate and strictly prohibits
sexual violence, including domestic violence,
dating violence, sexual assault and stalking.
The College will act to protect its students and
employees from incidents of domestic violence,
dating violence, sexual assault and stalking
committed by employees, students, or outside
third parties.
A9.1.3 Scope: This policy applies to and may be
used by all students and employees, regardless
of gender, sexual orientation or gender identity,
to report incidents of sexual violence, including
domestic violence, dating violence, sexual
assault and stalking occurring on or off campus.
Studentandemployeegrievancesandcomplaints
that do not contain allegations of sexual violence
are excluded from this process. General
student complaints or grievances reflecting a
student’s disagreement with the application of
a specific College rule, practice and/or policy
Sexual Violence and Sexual Harassment Programs and
Reporting Procedures
are processed through Board Policy B7.12.
Employee complaints or grievances regarding
general terms and conditions of employment
are processed through Board Policy B5.43.
Student complaints of discrimination, retaliation
and sexual harassment, that do not contain
allegations of sexual violence, are processed in
accordance with Board Policy B7.19. Employee
complaints of discrimination, retaliation and
sexual harassment that do not contain allegations
of sexual violence are processed through Board
Policy B5.50.
A9.1.4 Definitions: The following definitions
apply to terms referenced herein.
a) Complainant: The Complainant is the
student or employee who initiates a complaint
of sexual violence with either the District
Student Complaint Coordinator or the District
Complaint Coordinator. Complainants are not
limited to those employees or students who
have personally experienced the alleged act of
sexual violence, but also those employees or
students who may have either received notice
of or witnessed the incident.
b) Respondent: The Respondent is the student,
employee or outside third party named in a
complaint of sexual violence, initiated pursuant
to this policy, as having engaged in sexual
violence against a College employee or student.
c) District Student Complaint Coordinator: The
District Student Complaint Coordinator, who is
the Dean of Student Engagement and Retention,
is the person designated by the College to
receive any complaint of sexual violence against
or by students; assist the Complainant in the use
of the complaint form and procedures provided
herein; investigate the complaint or identify a
designee to conduct the investigation; provide
informationregardinglawenforcement,medical,
sexual trauma and counseling resources; provide
assistance regarding various internal and external
mechanisms through which the complaint
may be filed, including applicable time limits,

24
if any, for filing with external agencies and law
enforcement agencies.
d) District Complaint Coordinator: The District
Complaint Coordinator, who is the Director of
Human Resources, is the person designated by
the College to receive any complaint of sexual
violence against or by employees; assist the
Complainant in the use of the complaint form
and procedures provided herein; investigate the
complaint or identify a designee to conduct
the investigation; provide information regarding
law enforcement, medical, sexual trauma
and counseling resources; provide assistance
regarding various internal and external
mechanisms through which the complaint
may be filed, including applicable time limits,
if any, for filing with external agencies and law
enforcement agencies.
e) Sexual Violence: As referenced in this policy,
sexual violence is defined as an act of sexual
assault, stalking, domestic violence or dating
violence.
f) Sexual Assault: A person commits a sexual
assault if he or she intentionally or knowingly:
1. causes the penetration of the anus or sexual
organ of another person, by any means
without the person’s consent;
2. causes the penetration of the mouth of
another person by the sexual organ of the
actor without the person’s consent;
3. causes the sexual organ of another person,
without the other person’s consent, to
contact or penetrate the mouth, anus, or
sexual organ of another person;
4. causes the penetration of the anus or sexual
organ of a child (a person younger than 17
years of age) by any means;
5. causes the penetration of the mouth of a
child (a person younger than 17 years of age)
by the sexual organ of the actor;
6. causes the sexual organ, mouth or anus of a
child (a person younger than 17 years of age)
to contact or penetrate the mouth, anus, or
sexual organ of another person, including
the actor.
g) Consent: A sexual act or assault is without the
consent of the other person if:
1. the actor compels the other person to submit
or participate by the use of physical force or
violence;
2. the actor threatens physical force or violence
against the other person or any person and
the other person believes the actor has the
present ability to execute the threat;
3. the actor knows the other person is
unconscious or physically unable to resist;
4. 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
it;
5. the other person has not consented and the
actor knows the other person is unaware
that the sexual assault is occurring;
6. the actor has intentionally impaired the
other person’s ability to appraise or control
the other person’s conduct by administering
any substance without the other person’s
knowledge;
7. the actor is a public servant who coerces the
other person to submit or participate;
8. the actor is a mental health services provider,
heath care services provider or member of
the clergy who coerces the other person to
submit or participate by exploiting the other
person’s emotional dependency on the
actor.
h) Stalking: Stalking occurs where, on more than
one occasion and pursuant to the same scheme
or course of conduct that is directed specifically
at another person, an actor engages in conduct,
including following, where:
1. the actor knows or reasonably believes the
other person will regard the conduct as
threatening bodily injury or death for the other
person or a member of the other person’s
family or household, or the commission of an
offense against the other person’s property;
2. the actor’s conduct causes the other person
or a member of the other person’s family or

25
household to be in fear of bodily injury, death
or the commission of an offense against the
other person’s property;
3. the actor’s conduct would cause a
reasonable person to fear bodily injury or
death for himself or herself, or for member
of the person’s family or household, or the
commission of an offense against the other
person’s property.
i) Domestic Violence: Domestic violence is any
act by a member of a family or household against
another member of the family or household,
including children, that is intended to result in
physical harm, bodily injury, assault or sexual
assault, or that is a threat that reasonably places
the other member in fear of imminent physical
harm, bodily, assault or sexual assault.
j) Dating Violence: Dating violence is any act by
an individual that is against another individual
with whom that person has or has had a dating
relationship and that is intended to result in
physical harm, bodily injury, assault or sexual
assault. A “dating relationship” is a relationship
between individuals who have or have had a
continuing relationship of a romantic or intimate
nature.
k) Retaliation: A party engages in retaliatory action
when he or she engages in revenge or reprisal
in response to a complaint of sexual violence.
Retaliation occurs when the Respondent
personally engages in an act of reprisal or allows
others to engage in acts of reprisal on their
behalf. Retaliation includes, but is not limited to,
threats of harm injury against the Complainant
and, or witnesses, employment actions meant
or to harm an employee Complainant or
employee witnesses, adverse grading of student
Complainants or student witnesses, or attempts
to influence the testimony of witnesses by trying
to discuss allegations with the witnesses during
the pendency of an investigation and appeal.
A9.1.5 What To Do If You Are A Victim of Sexual
Violence: Students and employees are advised
of the following courses of action in the event
of an incident of sexual violence.
a) Your immediate personal safety is of the utmost
importance. As soon as possible, following an
incident of sexual violence, get to a place of
safety.
b) Contact the police at 911 as soon as possible
after the assault has occurred. It is the decision
of the person experiencing sexual violence in
determining whether or not to file charges. It is
important to note that where a charge is filed
with the police, the State covers the cost of
medical care provided at the emergency room.
If a charge is not filed, the person experiencing
sexual violence will be responsible for medical
costs incurred. However, when a report is filed,
you are NOT obligated to continue with the
police criminal justice system or the campus
disciplinary action process.
c) Contact someone you trust to be with you
and help you deal with any trauma you are
experiencing. If you wish, you may contact the
College’s Counseling Center to assist you (361)
698-1586. After business hours, contact Campus
Security at (361) 698-1199. Your situation will be
handled confidentially.
d) It will be important to collect and preserve all
evidence, where possible, within 24 hours of the
attack of sexual violence. For example, do not
change clothes or wash or dispose of clothes
you were wearing at the time of the sexual
violence incident. Do not wash, shower or
douche. If a change of clothing is unavoidable,
put all clothing you were wearing at the time of
the sexual violence incidence in a paper (not a
plastic) bag. Until police have investigated the
area where the incident occurred and dusted for
fingerprints, avoid touching any smooth surfaces
that the assailant may have touched.
e) Document any injury you suffered either by
photographing or by showing your injuries to
someone you trust.
f) Seek and obtain medical attention as soon as
possible to treat any physical injury and obtain
preventative treatment for possible sexually
transmitted disease and other health services.
Medical providers can also assist with preserving
evidence documenting your injuries.

26
g) In addition to seeking assistance from law
enforcement, you can also take steps to protect
yourself from the assailant by staying with friends
or family after the act of sexual violence, letting
your voicemail record telephone calls and
messages, notifying the College of the incident
in order to ensure the assailant is not allowed to
have contact with you while on campus or at
campus events.
h) For assistance with filing a complaint of
sexual violence through College complaint
procedures, obtaining assistance with accessing
law enforcement, and confidential counseling,
emotional support, and immediate emergency
services, if not already accessed, students should
contact the Dean of Student Engagement
and Retention. Employees should contact the
Director of Human Resources for the same
assistance.
In addition to contact information for the Dean
of Student Engagement and Retention and the
Director of Human Resources, the following
contacts are for campus and local advocacy,
counseling, health, mental health and legal
assistance services:
Cheryl G. Sanders
(361) 698-1277
Jerry Henry
Director of Human Resources
Heldenfels Administration Building
(361) 698-1088
Del Mar College Campus Security
(361) 698-1199
Del Mar Counseling Center
Harvin Center, Room233a
Rita Hernandez, MA, LPC-S
(361) 698- 1586
Christus Spohn Hospital (Memorial)
2606 Hospital Blvd.
Corpus Christi, TX
(361) 902-4000
Christus Spohn Hospital (Shoreline)
600 Elizabeth St.
Corpus Christi, TX
(361) 881-3000
Crime Victim Services
3833 S. Staples St. #203
Corpus Christi, TX
(361) 852-7540
Corpus Christi Hope House
658 Robinson St.
Corpus Christi, TX
(361) 852-2273
Sexual Assault Legal Services and Assistance
(888) 343-4414
Women’s Shelter of South Texas
813 Buford St.
Corpus Christi, TX
(361) 881-8888
National Sexual Assault 24/7 Crisis Hotline
(RAINN)
1-800-656-HOPE (4673)
Stalking Resource Center/ National Center for
Victims of Crime
www.ncvc.org/SRC/Main.aspx
A9.1.6 Filing a Complaint of Sexual Violence:
The College will investigate complaints of sexual
violence initiated by College employees and
students pursuant to the following procedures:
A9.1.6.1 Preliminary Considerations
a) Informal Consultation and Counseling: The
District Student Complaint Coordinator and the
District Complaint Coordinator, on an informal
basis, may receive initial inquiries, reports and
requests for consultation and counseling.
Assistance will be available whether or not
a formal complaint is contemplated or even
possible. It is the responsibility of the District
Student Complaint Coordinator and the District
Complaint Coordinator to respond to all such
inquiries, reports and requests as promptly as

27
possible and in a manner appropriate to the
particularcircumstances.Anemployeeorstudent
making an inquiry or seeking assistance need
not have personally experienced the incident of
sexual violence, witnesses or other parties who
receive notice that an incident of sexual violence
has occurred can also access assistance or make
an inquiry or complaint through the District
Student Complaint Coordinator and the District
Complaint Coordinator.
Students and employees are advised that
the District Student Complaint Coordinator
and, or the District Complaint Coordinator
may determine that it is necessary to initiate
an investigation and take action to address
incidents of sexual violence based solely on
information obtained through an inquiry or
informal counseling, even in the absence of a
formal complaint.
b) Confidentiality: The College understands
the confidential and private nature of reports
of sexual violence. Upon receiving notice of an
incident, or a complaint, the College will take
all steps necessary to protect the privacy of the
parties, but may, at some point, be required to
disclose matters to certain College employees,
outside parties or agencies.
This section describes for students and
employees, the extent to which confidentiality
can be maintained.
1. Responsible College Employees: For the
purposes of this policy, the College classifies
the District Student Complaint Coordinator,
the District Complaint Coordinator, faculty
members, academic department Chairs,
Deans, Vice Presidents, all Administrators
with supervisory authority, and members of
campus security and police as “responsible
employees.” Any of these College employees
who receive or become aware of an incident
of sexual violence occurring to a College
student or employee are considered to have
received notice on behalf of the College
and are required to report such information
to either the District Student Complaint
Coordinator or the District Complaint
Coordinator. As such, the incidents will be
investigated and properly resolved through
complaint and appeal procedures delineated
herein. Once an investigation is commenced,
however, the information will be tightly
controlled and only people with a need to
know will be told, and information will be
shared only as necessary with investigators,
adjudicatory decision makers, witnesses and
the accused individual (Respondent). In cases
where a Complainant specifically requests
that his or her name not be disclosed to
the perpetrator, or that the College not
investigate or seek action against the alleged
perpetrator, the school will honor the request
after discussion with the Complainant and a
determination that a safe environment can
still be provided for all students, including
the Complainant. In these cases, the College
will take steps such as increased monitoring
and supervision, additional security at the
locations or activities where the alleged
sexual violence occurred; additional training
and disbursement of educational materials
to students and employees. Specific steps
will be taken to protect the student or
employee, including but not limited to, on
campus escorts, revised work or classroom
schedules, counseling services or referral to
counseling services.
2. Confidential Counseling and Medical
Providers: Students and employees who
wish to maintain incidents as confidential
should speak with Counselors in the Del Mar
College Counseling Center (students only),
off-campus private mental health therapists
and counselors, private attorneys, physicians,
and members of the clergy. These individuals
cannot be required or compelled to disclose
confidential information to the College
provided to them by students or employees
who have been subjected to sexual violence.
Furthermore, to the extent these counselors
and providers might be required to report to
law enforcement or State agencies, reporting
requirements are limited to reports made
by students or employees who are age 65
or over, or disabled and unable to care or
provide for themselves.
3. Service Providers: Students and employees
who seek assistance through domestic

28
violence shelters, sexual assault crisis
agencies and similar services, whose
functions are to support and protect survivors
and actively promote the creation of safe
environments, can expect information to be
kept confidential under most circumstances.
Pursuant to federal and state law, information
regarding incidents of sexual violence will be
kept confidential except for use in a criminal
investigation or proceeding in response to
a lawfully issued subpoena. However, these
service providers are especially adept and
trained to protect survivors even in the event
that certain information must be provided as
part of a criminal investigation.
4. Federal Statistical Reporting Obligations:
Federal law requires that certain campus
officials report incidents of sexual assault,
domestic violence, dating violence and
stalking solely for federal statistical reporting
purposes. However, all personally identifiable
information is kept confidential, but statistical
information must be forwarded to campus
law enforcement regarding the type of
incident and the general location where
it occurred for publication in the Campus
Security Report.
5. Federal Timely Warning Reporting
Obligations: Employees and students who
have been subjected to acts of sexual
violence should also be aware that federal
law requires College administrators issue
immediate timely warnings for incidents
that are confirmed to pose a substantial
threat of bodily harm or danger to members
of the campus community. Under these
circumstances, the Complainant’s name
and other identifying information is not
disclosed, but the campus community will
still be provided with enough information so
that individuals can make safety decisions in
light of the immediate danger posed.
1
Complainants who may have been unconscious during an act of sexual violence may not learn about the incident until
days, weeks or months after the incident occurred. Under these circumstances, Complainants should not hesitate to
make a complaint upon learning of the incident.
A9.1.6.2 Initiating a Formal Complaint of Sexual
Violence: Student Complainants should contact
the District Student Complaint Coordinator,
and employee Complainants should contact
the District Complaint Coordinator, as soon as
possible following the alleged incident of sexual
violence, or the date on which the Complainant
first knew or reasonably should have known of
such act.1
All such complaints may be submitted
on the form provided by the College or in a
personal memorandum or letter. However, the
complaint need not be put in writing, it is enough
for the Complainant to meet with the applicable
Coordinator who can draft a complaint for the
Complainant’s review and approval. Any written
documentation describing the incident will be
attached to the College’s Complaint of Sexual
Violence form and will be used for the initiation
of a complaint.
A9.1.6.3 Elements of a Complaint: The written
complaint shall contain:
a) The name, local and permanent address(es),
and telephone number(s) of the Complainant.
b) A statement of facts explaining what happened
and what the Complainant believes constituted
the act(s) sexual violence in sufficient detail to
give each Respondent reasonable notice of
what is claimed against him/her. The statement
should include the date, approximate time and
place where the alleged acts of unlawful sexual
violence occurred. If the acts occurred on more
than one date, the statement should also include
the last date on which the acts occurred as well
as detailed information about the prior acts.
c) The names of any potential witnesses should
be provided.
d) The name(s), and address(es) and telephone
number(s) (if known) of the Respondent(s), i.e.,
the person(s) claimed to have committed the
act(s) sexual violence.
e) Identification of the title and/or status
of the persons charged whether student,
administration, faculty, or staff.

29
A9.1.6.4 Procedures for Investigation of a
Complaint of Sexual Violence
a) Upon receipt of a complaint, the District
Student Complaint Coordinator, and/or the
District Complaint Coordinator, will provide
an initialed, signed, date-stamped copy of the
complaint to the Complainant. The complaint,
together with a statement, shall be documented
in a complaint file.
b) The District Student Complaint Coordinator
(student complaint) or the District Complaint
Coordinator (employee complaint), or their
designees, shall begin a review and investigation
of the complaint within three (3) working days
from the filing of the complaint. Steps will be
taken immediately to ensure the safety and
wellbeing of a Complainant where necessary. In
those cases where a student and an employee
are both involved in a complaint as Complainant
and Respondent, the District Student Complaint
Coordinator and the District Complaint
Coordinator will work together to investigate
and resolve the matter.
c) Within three (3) working days after the date
of filing of the complaint, the District Student
Complaint Coordinator, and, or District
Complaint Coordinator, will provide notice
that a complaint has been filed, as well as an
explanation of the nature of the complaint to the
Respondent(s). Alternatively, such notice of the
complaint may be given by email or personal
delivery, provided such delivery is made by the
District Student Complaint Coordinator, and, or
District Complaint Coordinator, and that proper
proof of such delivery, including the date, time
and place where such delivery occurred is
documented.
d) The District Student Complaint Coordinator,
and, or District Complaint Coordinator, shall
review all relevant information and interview
pertinent witnesses. Both the Complainant and
the Respondent(s) shall be entitled to submit
oral, recorded and transcribed statements
or other relevant and material evidence to
the written record compiled by the District
Student Complaint Coordinator and, or District
Complaint Coordinator. Evidence, and, or
testimony regarding the Complainant’s sexual
history with anyone except the Respondent will
not be considered.
e) Del Mar College reserves the right to protect
individual or community safety and to act as
needed on an interim manner pending the
resolution of a complaint. This may include
but is not limited to the interim suspension of
a Respondent, the alteration of a Respondent’s
or Complainant’s course schedule or work
schedule, the alteration of a Respondent’s or
Complainant’s work assignment, on-campus
escort services by Campus Security as deemed
appropriate or the establishment of no contact/
stay away orders.
f) No later than 30 working days, from the
acceptance of a complaint, the District
Student Complaint Coordinator and, or District
Complaint Coordinator shall prepare a summary
of findings and recommendation(s) for further
action to be taken with regard to the Respondent.
In assessing and resolving the complaint, the
District Student Complaint Coordinator and,
or District Complaint Coordinator shall utilize
a preponderance of the evidence standard
of review, i.e., it shall be determined whether
it is more likely than not that sexual violence
occurred.
g) If the Respondent is an employee of the
College, the Respondent’s supervisor shall be
provided with the summary of findings and
recommendations for further action to be
taken by the supervisor(s) of the Respondent.
If the Respondent is the President, the findings
and recommendations of the District Student
ComplaintCoordinatorand,orDistrictComplaint
Coordinator shall be submitted to the Board of
Regents for review and action. Where findings
are made against the Respondent, sanctions, up
to and including termination, shall be assessed
by the supervisor or Board of Regents at this
stage no later than 10 working days of receipt of
the summary of findings.
h) If the Respondent is a student of the College,
the District Student Complaint Coordinator
may take such disciplinary action, up to and
including expulsion, against the student as
deemed appropriate by the District Student
Complaint Coordinator pursuant to B7.13.4. Any

30
determination as to the appropriate disciplinary
action to be taken with regard to student
Respondentshallbemadewithin10workingdays
of the District Student Complaint Coordinator’s
completion of the summary of findings.
i) No later than five (5) working days following
the determination of appropriate disciplinary
action to be taken, a letter shall be issued by
the District Student Complaint Coordinator and,
or the District Complaint Coordinator to the
Complainant and the Respondent(s) advising
them of the findings of the investigation and the
disciplinary action to be taken by the College,
if necessary. The letters shall be personally
delivered or mailed to the last known address
of the Complainant and Respondent. For the
purposes of establishing receipt by mail, receipt
will be assumed to have occurred within three (3)
working days of the date the letter was mailed.
j) Recommended disciplinary actions shall
be executed within one working day of a
Respondent’s failure to file a timely notice of
appeal as established by this policy.
k) In the case of appealing student Respondents
whose recommended sanction is expulsion,
no final action of expulsion shall be executed
until completion of the appeal process. Tenured
faculty Respondents appealing an adverse
finding, where dismissal is the recommended
sanction, shall not be dismissed until after
completion of the appeal process where the
original recommendation is affirmed. Employee
Respondents, whose contracts have not yet
expired and are appealing an adverse finding,
where dismissal is the recommended sanction,
shall not be dismissed until after completion
of the appeal process where the original
recommendation is affirmed. In those cases,
where employee Respondents are non-renewed
and their employment contracts expire during
the pendency of the appeal process, these
employee Respondents will not be retained
pending the outcome of the appeal.
A9.1.6.5 Appeals: The Complainant or
Respondent may appeal the findings of a
complaint of sexual violence, including, where
applicable, the determined disciplinary action or
sanction.
a) Within five (5) working days of receiving
such notice of findings and, where applicable,
disciplinary action, the Complainant or
Respondent may appeal the supervisor’s and,
or District Student Complaint Coordinator’s
decision. The appeal shall be in writing and
provided to the President of Del Mar College,
notifying the President of the Complainant’s
or Respondent’s request for a hearing. In those
cases where the Respondent is the President,
or an employee directly supervised by the
President of the College, the Board of Regent’s
decision as to the President, or the President’s
decision and adoption of findings as to that
employee Respondent, shall be appealed to
the Board of Regents in writing, notifying the
Board of Regents of the Complainant’s or
Respondent’s request for a hearing. The request
to the Board of Regents may be delivered to the
District Complaint Coordinator for effectuation
of service.
b) The President will give prompt notice to the
District Student Complaint Coordinator and,
or the District Complaint Coordinator that
the Complainant or Respondent has taken an
appeal to the President. The District Student
Complaint Coordinator and, or the District
Complaint Coordinator shall promptly forward
to the President the complete record of the
matter, including the investigative file, findings
and recommendations.
c) Where the decision is appealed to the
Board of Regents, the Board of Regents will
give prompt notice to the District Student
Complaint Coordinator and, or District
Complaint Coordinator that the Complainant or
Respondent has taken an appeal to the Board
of Regents. The District Student Complaint
Coordinator and, or the District Complaint
Coordinator shall promptly forward to the Board
of Regents the complete record of the matter,
including the investigative file, findings, and
recommendations.
d) Within 10 working days of receipt of the
appeal, the President or the Board of Regents
shall appoint an independent arbitrator, licensed
to practice law within the State of Texas, to
review the case and conduct such hearing as
specified herein. The investigative file, findings,

31
recommendations and notices of appeal shall
be forwarded to the independent arbitrator.
e) The hearing shall be held within 15 working
days after appointment of the independent
arbitrator, unless the parties mutually agree to
a delay. Notice of the appointment, and the
date, time and location of the hearing, shall be
provided to the Complainant and Respondent
by the independent arbitrator.
f)Documentsandidentityofwitnessestoberelied
upon by the Complainant and Respondent(s),
during the hearing, shall be provided to the
independent arbitrator no later than 10 working
days prior to the hearing. The independent
arbitrator will forward the documents and list of
witnesses of each respective party to the other
party on the same day of receipt.
g) The Complainant and Respondent may each
be represented by a person designated in writing
to act for them. Notice, at least five (5) working
days in advance of the hearing, shall be given
by each party intending to be represented,
including the name of the representative, to the
independent arbitrator in writing.
h) The hearing shall be conducted privately.
Only the independent arbitrator, Complainant,
Respondent, their representatives and a
testifying witness may be present. Witnesses
shall be excluded from the hearing until it is their
turn to present evidence. In the event witnesses,
the Complainant, and, or the Respondent feel
uncomfortable being physically present in the
room, accommodation shall be provided by
allowing the party or witness to participate by
video conferencing.
i) The independent arbitrator shall control the
conduct of the hearing, the general order of
which shall be as follows:
1. The Complainant or Respondent appealing
the matter shall present such proof by
documents and witness testimony that
the appealing Complainant or Respondent
desires to offer to challenge the findings
and, or disciplinary action determined by the
College through the investigatory process.
2. Upon such offer of proof, the non-appealing
Complainant or Respondent, or their
representative, may cross-examine any
witnesses presented by the appealing party.
3. Once the Complainant or Respondent who
appealed the matter has presented his or her
witnesses and documentary evidence, the
non-appealing Complainant or Respondent
may then rebut the appealing party’s
arguments, documents and testimony
through the presentation of witnesses and
documentation of their own.
4. Upon such offer of proof on rebuttal, the
appealing Complainant or Respondent, or
their representative, may cross-examine any
witnesses presented by the non-appealing
Complainant or Respondent.
5. In the case where either the Complainant
or Respondent is providing testimony,
only the independent arbitrator may cross-
examine and ask additional questions. The
representatives for the Complainant or
Respondent may provide areas of knowledge
or questions to the arbitrator they believe
relevant to the disposition of the matter.
6. At any time during the examination or cross-
examination of any witness, the independent
arbitrator may ask his or her own questions
in order to obtain additional information he
or she is relevant to disposition of the case.
7. In those cases where the parties have failed
to identify the District Complaint Coordinator
and, or the District Student Complaint
Coordinator, as witnesses, the independent
arbitrator may ask that they provide testimony
regarding their investigation and findings.
8. Questioning or evidence about the
Complainant’s sexual history with anyone
excepttheRespondentshallnotbepermitted.
9. Closing arguments may be made by each
party or their representatives.
j) A transcription of the hearing shall be made.
k) The independent arbitrator shall render a
decision within ten (10) calendar days after
completion of the hearing and deliver a copy
to the Complainant, Respondent and either the
President or Board of Regents who appointed
him or her as independent arbitrator. In

32
rendering his or her decision, the independent
arbitrator shall utilize a preponderance of the
evidence standard of review, i.e., it shall be
determined whether it is more likely than not
that sexual violence occurred. The independent
arbitrator shall deliver the decision by U.S. mail
and receipt will be assumed to have occurred
three (3) working days after the date the decision
was mailed.
l) Within three (3) working days of receipt of
the independent arbitrator’s decision, the
Complainant or Respondent may appeal the
matter to the Board of Regents who will schedule
the matter for presentation at the next scheduled
Board of Regents meeting. The Board of Regents
shall be provided the record on appeal by the
independent arbitrator. The presentations shall
be heard in closed session and only the Board
of Regents, their attorney, and the Complainant
and the Respondent, as well as their attorneys
shall be present.
m)TheBoardofRegentsshallissueitsdecisionno
later than five (5) working days after presentation
of the appeal. The Board’s decision shall be final.
A9.1.6.5.1 Timely Notice of Appeal: If at any
time during the appeal process the Complainant
or Respondent fails to provide timely notice
of appeal; the decision of the supervisor, the
District Student Complaint Coordinator, or the
Board of Regents shall be final.
A9.1.6.6 Other Policies Not Applicable:
Unless expressly referenced in this policy, the
requirements of any other policy or provision
relating to rights or procedures for filing and
hearing of a grievance or an appeal, or specifying
a time within which a grievance or appeal must
be filed or heard, are overruled as inapplicable to
sexual violence complaints.
A9.1.6.7 Extension of Time Limits: During
the pendency of the investigation and appeal
process, any party may request an extension of
time limits stated herein to deal with emergent
exigencies. A request for an extension of time
limits shall be submitted to and approved by
the College President during the investigation
stage, or the independent arbitrator during the
appeal stage. If the President is the Respondent,
any such request must be made to the Board
of Regents. All parties must be advised of any
approved request by the party granting the
request.
A9.1.6.8 Filing Externally: The Complainant is
free to access assistance through appropriate
state or federal agencies at any point during
a complaint, investigation or appeal process.
The District Student Complaint Coordinator,
and, or the District Complaint Coordinator
will provide general information on state and
federal guidelines and laws, as well as names
and addresses of such agencies who can assist
with such matters as filing criminal charges and
obtaining protective orders.
A9.1.7 Freedom from Reprisal or Retaliation:
Complaints involve sensitive student and
personnel matters. All parties involved in a
complaint shall take the process seriously
and respect the rights of privacy of the
Complainant, the Respondent, the reviewer(s)
and any witnesses or parties engaged in the
complaint process. There will be no retaliation,
interference, or harassment toward any party to
a complaint. Should a Complainant, Respondent
or witness experience any reprisal or retaliation
during the pendency of a complaint pursuant to
this section, the party should immediately report
the retaliatory action to the District Student
Complaint Coordinator, and, or the District
Complaint Coordinator.
The complaint will be investigated and action will
be taken pursuant to the complaint, investigation
and appeal procedures in the Del Mar College
Policy Prohibiting Sexual Violence.

33
A9.1.8 Del Mar College Educational Programs
and Resources: In addition to assisting students
and employees with complaints, the College
continues to take steps aimed at reducing or
eliminating sexual violence by offering or making
availablethefollowingresourcesandeducational
program to students and employees:
a) Sexual Violence Awareness Prevention
Workshops/Trainings (including rape,
acquaintance rape, or other sex offenses,
forcible or non-forcible)
b) Bystander Training
c) Alcohol and Other Drug Abuse Prevention
Workshop/Trainings
d) Title IX Workshops/Trainings
Students and employees may also obtain written
information on the topics listed above, as well
as published crime statistics. Students have
the opportunity for on-campus confidential
counseling and referral for treatment to off-
campus, community-based counseling services.

34
Discrimination/Harassment
B7.19 Discrimination and Harassment
Complaint Policy for Students: Del Mar
College, in its continuing effort to seek equity
in education and act in compliance with federal
and state law, provides a complaint procedure
for the prompt and equitable investigation and
resolution of complaints of unlawful retaliation,
or discrimination and/or harassment of students
based on their race, color, sex (including
pregnancy, gender identity/transgender status,
sexual orientation), age, national origin, religion,
disability, veteran or military status.
This complaint procedure and the District’s
Policy Prohibiting Sexual Violence constitute the
grievance procedures for complaints alleging
unlawful sex discrimination required under Title
IX of the Education Amendments of 1972. As
used herein, “complaint” is synonymous with
“grievance.” This procedure may be used by any
student of the College.
Students who wish to submit complaints of
discrimination or harassment should contact the
Dean of Student Engagement and Retention at
(361) 698-1277, or in the Harvin Student Center,
Room 204.
A7.19.2 Exclusion: Student grievances and
general complaints that do not contain
allegations of retaliation, discrimination, or
harassment based on the student’s race, color,
sex (including pregnancy, gender identity/
transgender status, sexual orientation), age,
national origin, religion, disability, veteran or
military status are excluded from this process.
SuchcomplaintswillbeaddressedunderB7.12for
student issues that do not contain complaints of
retaliation, discrimination or sexual harassment.
Complaints of sexual violence will be addressed
under the District’s Policy Prohibiting Sexual
Violence (B9.1).
A7.19.3DistrictStudentComplaintCoordinator:
The District Student Complaint Coordinator,
who is the Dean of Student Engagement and
Retention, shall receive any complaint of alleged
retaliation, discrimination or harassment as
identified herein, assist the Complainant in the
use of the complaint form and provide the
Complainant with information about various
internal and external mechanisms through which
the complaint may be filed, including applicable
time limits, if any, for filing with external agencies.
The District Student Complaint Coordinator
may identify a designee to receive, and, or assist
with the investigation of complaints. If any Del
Mar College employee receives a complaint of
retaliation, discrimination or harassment from
a student, he or she will immediately notify the
District Student Complaint Coordinator of the
complaint.

35
A7.19.4 Complainant’s Rights: The Complainant
is always free to file a complaint with any
appropriate state or federal agency at any point
during the complaint process.
A7.20 Confidentiality and Freedom from
Reprisal or Retaliation: Complaints involve
sensitive student matters and potential personnel
matters. All parties involved in a complaint shall
take the process seriously and respect the rights
of privacy of the Complainant, the Respondent,
the reviewer(s) and any witnesses or parties
engaged in the complaint process. Del Mar
College will endeavor to maintain confidentiality
to the extent permitted by law. There will be no
retaliation, interference, or harassment toward
any party to a complaint. Should a Complainant
or witness experience any reprisal or retaliation
as a result of filing a complaint pursuant to this
section, the Complainant should immediately
report the retaliatory action to the District Student
Complaint Coordinator for intake, investigation
and resolution as provided herein.
A7.21 Definitions:
A7.21.1 Discrimination on the Basis of
Protected Characteristic(s): Discrimination
occurs where action adversely affecting the
student’s education is taken against a student by
another student or Del Mar College employee,
including Del Mar College administration,
faculty or staff, or third parties participating in
activities, work or programs of Del Mar College
based on the student’s race, color, sex (including
pregnancy, gender identity/transgender status,
sexual orientation), age, national origin, religion,
disability, veteran or military status.
A7.21.2 Harassment on the Basis of Protected
Characteristic(s): Harassment is conduct of an
oral, written, graphic or physical nature directed
towards a student by another student or Del Mar
College employee, including Del Mar College
administration, faculty or staff, or third parties
participating in activities, work or programs of
Del Mar College based on the student’s race,
color, sex (including pregnancy, gender identity/
transgender status, sexual orientation), age,
national origin, religion, disability, veteran or
military status that is sufficiently severe, pervasive,
or persistent so as to unreasonably interfere with
the student’s education such that an intimidating,
hostile, or offensive environment is created.
A7.21.3 Sexual Harassment: Sexual harassment
is, generally, unwelcome conduct of a
sexual nature by another student or Del Mar
College employee, including Del Mar College
administration, faculty or staff, or third parties
participating in activities, work or programs of
Del Mar College. Sexual harassment can include
unwelcome sexual advances, requests for sexual
favors in exchange for educational benefits or
as a condition of receipt of educational benefits,
and other verbal, nonverbal, or physical conduct
of a sexual nature that is sufficiently severe,
pervasive, or persistent so as to unreasonably
interfere with the student’s work performance
or create an intimidating, hostile, or offensive
environment. Sexual violence, a form of sexual
harassment, is addressed in the District’s Policy
Prohibiting Sexual Violence (B9.1).

36
Sex Discrimination: Sex discrimination includes
sexual harassment and discrimination based on
the individual’s sex, pregnancy, gender identity
or transgender status, or sexual orientation.
Retaliation: Retaliation occurs when action is
taken against a student because the student filed
a complaint of discrimination or harassment as
provided by this policy, filed an OCR charge of
discrimination or harassment, participated as
a witness in an investigation pursuant to this
policy, or brought/participated in a lawsuit of
discrimination or harassment.
A7.21.4 Complainant: The Complainant is the
student who initiates a complaint of retaliation,
discrimination or harassment pursuant to A7.23.
A7.21.5 Respondent: The Respondent is the
student or employee named in a complaint
of retaliation, discrimination or harassment,
initiated pursuant to A7.23, as having engaged in
retaliation, discrimination or harassment against
the Complainant.
A7.22 Informal Consultation and Counseling:
The District Student Complaint Coordinator, on
an informal basis, may receive initial inquiries,
reports and requests for consultation and
counseling. Assistance will be available whether
or not a formal complaint is contemplated or
even possible. It is the responsibility of the District
Student Complaint Coordinator to respond to all
such inquiries, reports and requests as promptly
as possible and in a manner appropriate to the
particular circumstances. Although in certain
instances verbal complaints may be acted upon,
the procedures herein rest upon the submission
of a written formal complaint that will enable a
full and fair investigation of the facts. If a student
is unable to draft a written complaint, the District
Student Complaint Coordinator shall meet
with the student and complete the form and
intake information, which shall be reviewed and
approved by the student. It is the Complainant’s
responsibility to be certain that any complaint
alleging retaliation, discrimination, and, or
harassment is filed.
A7.23 Reporting a Student Formal Complaint:
Students should meet with and file a written
complaint with the District Student Complaint
Coordinator as soon as possible following the
alleged retaliatory, discriminatory or harassing
act or the date on which the Complainant first
knew or reasonably should have known of such
act. All such complaints should be submitted
on the form provided by the College in order to
insure the prompt processing and investigation
of complaints. However, students may also utilize
personal memorandums or letters to describe
their complaints. Any such memorandums or
letters will be attached to the College’s Student
Complaint of Discrimination/Harassment form
and will be used for the initiation of a complaint.
A7.23.1 The written complaint shall contain:
A7.23.1.1 The name, local and permanent
address(es), and telephone number(s) of the
Complainant.
A7.23.1.2 A statement of facts explaining
what happened and what the Complainant
believes constituted the unlawful retaliatory,
discriminatory or harassing acts in sufficient
detail to give each Respondent reasonable
notice of what is claimed against him/her. The
statement should include the date, approximate
time and place where the alleged acts of
unlawful discrimination or harassment occurred.
If the acts occurred on more than one date,
the statement should also include the last date
on which the acts occurred as well as detailed
information about the prior acts. The names of
any potential witnesses should be provided.
A7.23.1.3 The name(s), and address(es)
and telephone number(s) (if known) of the
Respondent(s), i.e., the person(s) claimed to have
committed the act(s) of unlawful discrimination,
harassment or retaliation.
A7.23.1.4 Identification of the title and/or status
of the persons charged whether student,
administration, faculty, or staff.

37
A7.24 Complaint Review Procedure:
A7.24.1 Complaint proceeding is commenced
by the filing of a complaint as detailed in A7.23.
A7.24.2 The complaint, together with a
statement, shall be documented in a complaint
file.
A7.24.3 The District Student Complaint
Coordinator, or designee, shall begin a review
and investigation of the complaint within three
(3) working days from the filing of the complaint.
Steps will be taken immediately to ensure the
safety and well being of a Complainant student
where necessary.
A7.24.4 Upon receipt of a complaint, the District
Student Complaint Coordinator, or designee, will
provide an initialed, signed, date-stamped copy
of the complaint to the Complainant. Within
three (3) working days after the date of filing of
the complaint, the District Student Complaint
Coordinator, or designee, will provide notice of
the complaint and a detailed explanation of the
nature of the complaint to the Respondent(s).
Alternatively, such notice of the complaint may
be given by email or personal delivery, provided
such delivery is made by the District Student
Complaint Coordinator, or designee, and that
proper proof of such delivery, including the date,
time and place where such delivery occurred is
documented.
A7.24.5 Confidentiality of the identity of the
Complainant shall be maintained, but not
guaranteed, except to the degree or point where
the review of the complaint cannot be continued
without identification of the Complainant. Any
dissemination of information regarding the
student(s) (Complainant or Respondent) and the
student’s complaint will be subject to the Family
Educational Rights and Privacy Act.
A7.24.6 The District Student Complaint
Coordinator, or designee, shall review all relevant
information and interview pertinent witnesses.
Both the Complainant and the Respondent(s)
shall be entitled to submit oral, recorded, and
transcribed statements or other relevant and
material evidence to the written record compiled
by the District Student Complaint Coordinator
or designee.
The District Student Complaint Coordinator shall
applya“preponderanceoftheevidence”standard
in determining whether the Complainant’s
allegations can be substantiated.
A7.24.7 No later than 20 working days, from
the acceptance of a complaint, the District
Student Complaint Coordinator, or designee,
shall prepare a summary of findings and
recommendation(s) for further action to be
taken with regard to the Respondent. If the
Respondent is an employee of Del Mar College,
the Respondent’s supervisor and the Director
of Human Resources shall be provided with the
summary of findings and recommendations for
further action to be taken by the supervisor(s)
of the Respondent. If the Respondent is the
President, the findings and recommendations of
the District Student Complaint Coordinator shall
be submitted to the Board of Regents for review
and action.

38
A7.24.8 If the District Student Complaint
Coordinator determines that the complaint
was substantiated against a Del Mar College
employee, the Respondent’s supervisor(s) may
take such disciplinary action as he/she deems
appropriate in consultation with the Executive
DirectorofHumanResourcesandAdministration.
Disciplinary action will be taken to prevent
recurrence of any retaliatory, discriminatory or
harassing acts and correct the effects of such
acts on the Complainant and others by taking
remedial and corrective steps, including but not
limited to termination, demotion, reassignment,
suspension, reprimand, or training. If the District
Student Complaint Coordinator determines
that the complaint was substantiated against
another student, the District Student Complaint
Coordinator shall recommend to the Assistant
that disciplinary action be taken to prevent
recurrence of any retaliatory, discriminatory or
harassing acts and correct the effects of such
acts on the Complainant and others by taking
remedial and corrective steps against the student
as deemed appropriate by the Assistant Dean of
Student Engagement and Retention pursuant to
B7.13.4.
If the President is the Respondent, the Board
of Regents shall advise the District Complaint
Coordinator of any action to be taken by the
College to prevent recurrence of any retaliatory,
discriminatory or harassing acts and correct the
effects of such acts on the Complainant and
others by taking remedial and corrective steps.
In the case of a student Respondent, any
determination as to the appropriate disciplinary
action to be taken with regard to a Respondent
shall be made within five (5) working days of the
receipt of the summary findings by the Assistant
Dean of Student Engagement and Retention.
In the case where the Respondent is a Del Mar
College employee, any determination as to the
appropriate disciplinary action to be taken with
regard to a Respondent shall be made within five
(5) working days of the receipt of the summary
of findings by the Respondent’s supervisor. If
the Respondent is the President, the Board
of Regents shall notify the District Student
Complaint Coordinator of the action to be taken
against the President, as soon as practicable, as
permitted by the Texas Open Meetings Act.
A7.24.9 No later than three (3) working days
following the determination of appropriate
disciplinary action to be taken, a letter shall
be issued to the Complainant and to the
Respondent(s), subject to the Family Educational
Rights and Privacy Act, advising them of the
findings of the investigation and the action to be
taken by the College, if necessary.
If the Respondent is a Del Mar College employee,
the Respondent’s supervisor shall issue the
letter to the Respondent, subject to the Family
Educational Rights and Privacy Act, advising the
employee of the findings of the investigation and
action to be taken by the College, if necessary.
If the Respondent is a student, the District Student
Complaint Coordinator shall issue the letter to
the student, subject to the Family Educational
Rights and Privacy Act, advising the student of
the findings of the investigation and action to be
taken by the College, if necessary.

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