CHAPTER VII

STUDENT SERVICES


B7.1 Counseling and Advising Services: A full range of services is provided by trained professional staff. Counseling and Advising Services staff are located on both the East and the West campuses to provide services which include: academic advising, career decision-making information, stress management, personal development seminars, referral services, transfer planning, new student information sessions, and short-term personal counseling.

A7.1.1 Advisement: Course and degree advisement at Del Mar College is delivered through a decentralized model with teaching faculty responsible for advising students with declared majors and counselors and/or intervention specialists responsible for advising students who have declared a Liberal Arts major or who are undeclared or undecided about their major.  
A7.1.1.1 Advisement activities for the College are administered by the Director of Counseling and Advising Services.

A7.1.1.2 The goal of advisement is to assist the student in forming and achieving an educational goal.

A7.1.1.3 Career information guidance is available in the offices of Counseling and Advising Services.

A7.1.2 External Testing: Testing activities external to the classroom are coordinated and administered by the Director of Testing who reports to the Dean of Student Outreach and Enrollment Services.  
A7.1.2.1 Testing services include, but are not limited to, (a) tests required for entrance or placement in college classes; (b) tests required for certification and licensure; (c) General Education Development (GED) and (d) correspondence examination.   A7.1.2.2 A schedule of currently approved fees for testing services is available in the Counseling and Testing Offices.
B7.2 Financial Aid: Financial Aid is money in the form of grants, scholarships, loans, and employment to help students meet their educational expenses. A full range of financial aid services is available to students. Funding comes from the federal and state government, the College, and public and private sources. The College will implement procedures to award and disburse funds to eligible students and ensure compliance with federal, state, and College rules and regulations. The rules, regulations or types of financial assistance are available for review on the Del Mar College's website, the College catalog, the Student Handbook, or by contacting the Director of Financial Aid. A7.2.1 Grants: The following grants are awards of money with no repayment being necessary and are available for students who have established financial need.  
A7.2.1.1 Pell Grant- a type of federal aid which may be combined with other forms of aid to help students meet the cost of education. Unlike most grants, this grant is also available to students who are enrolled for less-than-half-time.   A7.2.1.2 Leveraging Education Assistance Program- a grant that combines Federal and State funds to assist students. A student must be qualified to pay instate tuition rates, must demonstrate financial need, and be an undergraduate student enrolled at least half-time (six credit hours).   A7.2.1.3 Supplemental Education Opportunity Grant- a federal grant program that can provide up to $2,000 per academic year for students with high financial need. Students must be enrolled at least half-time (six credit hours) to be considered for this grant.   A7.2.1.4 Del Mar Student Grant- designed to provide assistance for tuition and fees.

A7.2.1.5 Toward Excellence, Access, and Success (TEXAS) Grant Program- a State funded grant available to Texas residents who graduated with the recommended or advanced high school curriculum, and who demonstrate financial need.  Students must receive their first disbursement of this grant within sixteen (16) months of graduating from high school.

 
A7.2.2 Loans: The majority of the educational loans available to students are long-term, low-interest loans, on which the student does not start making repayments until the student has ceased to carry a half-time (½-time) course load.  
A7.2.2.1 Direct Student Loan Programs are long term loans made through the U.S. Department of Education. The College determines the student's loan eligibility and originates the loan information to the Loan Origination Center. The student must sign a promissory note and must attend a Loan Entrance Counseling session before loan proceeds may be received. Students must be enrolled on at least a half-time basis.   A7.2.2.2 Emergency Short-Term Loan is a College loan fund established to assist students with payment of tuition and fees for the applicable enrollment period. Students may borrow up to $150 and must pay the loan within thirty (30) days of the issuance of the funds.  
A7.2.3 Scholarships: Money provided by the State of Texas, various Del Mar College departments, foundations, organizations, memorial funds, individuals, and businesses is awarded to students on the basis of varying criteria, including scholastic achievement, financial need and,  or, in the case of foundation scholarships, criteria established by the specific benefactor. Students should visit or contact the Del Mar College Financial Aid Office and the Del Mar College Foundation Office regarding eligibility criteria and application processes.   
A7.2.3.1 State-Funded Scholarships are administered through the Financial Aid Office   A7.2.3.2 Del Mar College Departmental scholarships are processed through the Financial Aid Office. Recipients are selected by the applicable Department Scholarship Sub-Committee.   A7.2.3.3 Foundation scholarship awards are routed and/or processed through the Del Mar College Foundation Office. Students attending Del Mar College are eligible to apply for Foundation scholarships online at http://www.delmar.edu/scholarships during the annual application period (January 14th –April 30th). Paper applications are no longer accepted. Recipients are selected by the Del Mar College Foundation Scholarship Committees.   A7.2.3.4 Most scholarships require the completion of a Free Application for Federal Aid (FAFSA) at http://www.fafsa.ed.gov  prior to application. Students should visit or contact the Del Mar College Financial Aid Office and the Del Mar College Foundation Office regarding all requirements for application.
A7.2.4 Employment: All student employment on campus is coordinated by the Financial Aid Office, where students should report first to fill out necessary forms and submit the appropriate financial statement by the deadlines in the catalog. Determination of eligibility is made by the  Financial Aid Office .  
A7.2.4.1 The College Work-Study Program is a federal campus-based aid program that provides part-time employment for students with financial need and with at least half-time enrollment.  
A7.2.4.1.1 During regular enrollment periods, and during the academic year when classes are in session, a student may not work more than fifteen (15) hours per week without prior approval by the Financial Aid Office. Work-study employees are paid at a standard rate determined by the College.   A7.2.4.1.2 Students attending Del Mar College during the summer only are not eligible for work-study employment.   A7.2.4.1.3 The Student Employment Form refers a work-study student to a supervisor, who has requisitioned a worker for a designated number of hours per week.   A7.2.4.1.4 Instructions for acceptance, termination, and evaluation will be provided by the Financial Aid Office.

A7.2.4.1.5 The Texas College Work-study Program is a state-funded work program similar to the Federal program. Students must be Texas residents in order to work under this program. These funds are available only during the Fall and Spring semesters.
 

A7.2.4.2 Student Assistance Employment is an employment program for currently enrolled students who are not required to show financial need. Students must be enrolled at least half-time (six credit hours) and must be available to work up to 15 hours per week. Any exceptions to the half-time enrollment requirement must be documented and approved by the Assistant Dean of Financial Aid. Students may not begin employment until all payroll documents are completed and verified by the Financial Aid Office. Department budget managers must have budgeted funds to hire a student assistant.   A7.2.4.2.1 During regular enrollment periods, a student may not average more than fifteen (15) hours per week without special permission from the Financial Aid Office; during non-enrollment periods, a student may not work more than forty (40) hours per week without prior approval of the department supervisor and the Financial Aid Office. Students not enrolled during the summer may be authorized, through the Financial Aid Office, to work the summer so long as they have documented their intent to enroll for the subsequent fall semester. Students assistants are paid at a standard rate determined by the College.   A7.2.4.2.2 Instructions for acceptance, termination, and evaluation will be provided by the Financial Aid Office .   A7.2.4.3 Student Employment Records: The supervisor and the student must complete and sign a color-coded time report and turn it in to the Financial Aid Office on the last working day of the month. Supervisors must ensure that the time sheets are signed, accurate and submitted on a timely basis.   A7.2.4.3.1 Supervisors are required to keep a sign-in/sign-out record. Any deviation from the normal fifteen (15) hours per week must be shown on the time record, for example, overtime (with prior approval).   A7.2.4.3.2 Payment is made on the fifteenth (15th) of the month for the prior month's work. Student workers are paid at a standard rate determined by the College.

A7.2.5 Installment Payment Plan: As mandated by the state, installment payment plans are available for the payment of tuition and fees. (See B3.22)

A7.3 Retention: Positive student retention efforts being vitally important to the success of the College Mission, this policy affirms the commitment of this open-door institution to use every reasonable means to encourage students to remain enrolled and make regular progress toward realizing the full potential of their abilities. A7.3.1 Encouragement of Student Retention: All employees of Del Mar College are expected to demonstrate respect for each student and to promote an atmosphere that encourages the retention of students and facilitates their success.

A7.3.2 Services: Retention efforts include, but are not limited to, the maintenance of a positive classroom environment, effective advisement, efficient recruitment and registration, personal and career counseling, new student orientation, mentoring, workshops, and specially-designed courses.
 

A7.3.2.1 To meet the requirements of the Texas Success Initiative (TSI) and to promote the retention and success of all students, Del Mar College provides a systematic process of advising designed to meet the needs of all students. All first-time students should meet with the staff of the Department of Counseling and Advising Services for the purpose of developing long-range and short-range educational/career goals and assessing individual strengths and weaknesses. Students with undeclared and liberal arts majors will continue to work with staff in the Department of Counseling and Advising Services to develop career decision-making strategies. Students who have chosen a major will meet with a faculty advisor from their major. This systematic process of advising will provide students with (a) support and critical retention information such as educational and career counseling; (b) advice regarding courses and programs; (c) recommendations for success workshops, seminars, and small group presentations and (d) referrals to academic departments and other offices.

A7.3.2.2 The Department of Counseling and Advising Services will assist Department Chairs and departmental faculty advisors with information and resources, and will coordinate their advisement  activities with those of teaching faculty.

A7.3.2.3 Faculty advising should include the mentoring of students, helping them to develop their education plans, providing them with materials, schedules, policies, and transfer criteria, and referring them to other student services when appropriate.

A7.3.2.4 Department Chairs should ensure that their faculty are thoroughly informed of their responsibilities as student advisors in their disciplines. This may be done through inservice workshops within the individual departments or collectively through the various programs of the College.

B7.4 Special Record Registration: The administration may permit special record registration for the purpose of establishing a transcript at Del Mar College. Application for exception or waiver of any of the following regulations must have the recommendation of the Registrar, and the appropriate Dean, and the approval of the Vice President of Administration, Finance and Student Services. B7.4.1 Time: Such registration will he held any time during regular office hours except during regular registration times.

B7.4.2 Eligibility: Registration will be permitted only to those persons who wish either to convert to semester hours credit previous non-credit bearing studies in which the applicant has appropriate professional certification or to take advanced standing examinations and receive credit for courses offered in the current catalog.

B7.4.3 Cost: The cost of special registration will be the same as the minimum tuition.

B7.4.4 AA/AAS Associate's Degrees: In cases where an associate's degree is desired, all course and residency requirements stated in the Catalog must be met and validated.

A7.5 Admissions and Registrar: The College maintains an Office of Admissions and Registrar which coordinates the admissions, and related enrollment functions for the College. The Office is responsible for admissions, registration, graduation, scholastic records, reporting of enrollment data to the state, and veterans programs. The Office is responsible for maintaining official records of all student enrollments and necessary related information and documentation. A7.5.1 Scholastic Records: This Office prepares and maintains permanent scholastic records on all students--past, present, and prospective, verifies enrollment information for various agencies, and handles all subpoenas for student records.
  A7.5.1.1 The initial contact with prospective students and foreign students, for whom eligibility for admission is determined and the necessary forms prepared, is made by this Office.

A7.5.1.2 Files and records on each veteran, including certification, tutoring, and dependents' certification under the various G.I. Bills, are prepared and maintained in the Office of Admissions and Registrar.
 

A7.5.2 Registration: This Office prepares the class schedule; coordinates registration activities, including legal residence classification; organizes and processes schedule changes; coordinates computer operations related to appropriate functions; distributes and collects class rolls and final grades, and determines scholastic standing of students.

A7.5.3 Graduation: Responsibilities include certification of graduates and oversight of graduation activities, including preparing diplomas, planning the ceremony and other related activities.

A7.5.4 Agency Reports: The Office is responsible for producing and certifying Texas Higher Education Coordinating Board reports. The basis of these reports determines funding allocations for the college from the state.

A7.5.5 Room Reservations: The Office is responsible for scheduling rooms and maintaining the room reservation system for the majority of the rooms on campus. Some rooms are scheduled through certain departments that have authority of oversight of selected rooms.

A7.6 Career Advising and Placement: The College offers information, assistance, and guidance to current and former students seeking employment, planning a new career, or changing careers.  A7.6.1 Availability: Services are provided to assist current and former students in finding part-time, full-time, or summer/holiday positions and career positions upon graduation.
  A7.6.1.1 Inquiries for services can be completed by visiting the offices located at the South Campus, or by visiting the website at www.delmar.edu/placement.

A7.6.2 Support Service: The staff assists students in receiving services that assist in the development of pre-employment job search skills and interviewing techniques.  The Stone Writing Center on the East Campus supports students in the development of resumes. Utilizing job market information, interest inventories, and other resources, the Counseling Center on the East Campus assists currently enrolled students planning a new career, changing careers, or choosing a career.

A7.6.3 Opportunities: The office works with Work in Texas to provide off-campus job referrals. Job Opportunities are posted on "DMC Student Job Bank" listed on the Career Advising and Placement web page.

A7.7 Student Leadership & Campus Life: The Office of Student Leadership & Campus Life promotes campus life and student leadership through cultural, social and leadership development.  Student Leadership is supported by a strong and unique learning environment through more than 30 clubs and organizations by providing students exposure to community projects, leadership and volunteer opportunities as well as campus life engagement activities.  These resources and opportunities enable our students to succeed in their academic career and beyond.

A7.7.1 Services: This office has oversight of more than 30 clubs and organizations, campus activities/events, student orientation, campus governance, service/community involvement, student leadership and student conduct.

A7.7.2 Student Services Committee:This is a student-directed committee that provides input in the planning and implementing of activities and events for students. The Committee advises the administration on the type, amount, and expenditures of compulsory fees for student services. The committee is composed of the following nine members: five (5) student members who are enrolled for not less than six semester credit hours and are student leaders in the Student Government Associations; and four (4) student members who are representative of the entire institution, appointed by the President of the College from student members of the Registered Student Organization or students at large (Texas Code 54.5031).

A7.8 Services for Students with Disabilities: Del Mar College and the Disability Services Office staff are committed to equal access to College services, programs and activities for qualified students with disabilities, in compliance with The Americans with Disabilities Act of 1990 (ADA), as amended, Section 504 of the Rehabilitation Act of 1973 and Texas state laws. The ADA and Section 504 prohibit discrimination against qualified students with a disability. Students shall not be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity at the College. A7.8.1 Mission:The Disability Services Office (“DSO”) provides support services for students with disabilities to remove obstacles to their education in order to promote their maximum academic potential, participation in the college experience, and self-sufficiency. In order to receive the maximum benefit of services provided by the DSO a student requesting services due to a disability should adhere to the guidelines, including timelines set forth herein.   

A7.8.2 Services Provided: The DSO provides students with disabilities information and assistance in obtaining placement testing, advising, registration and reasonable accommodations, such as note takers, testing accommodations, interpreters, campus mobility, and service animals. Staff cooperates with the Department of Assistive and Rehabilitative Services, the Division for Blind Services and the Division for Deaf and Hard of Hearing Services to ensure a full complement of services are provided to students with disabilities. For further information regarding the services provided to student with disabilities by the DSO, students, faculty, and staff may contact a DSO staff member, and/or obtain a copy of the Reference Guide for Faculty and Staff: Educating Students with Disabilities.  

A7.8.3 Requesting Accommodations Based on Disability: Students requiring an accommodation based on disability must properly identify himself/herself to the DSO and provide any necessary documentation in order to receive assistance and services. The DSO staff will evaluate a student's disability through documentation submitted by the student (physical, mental, psychological, and/or psycho-educational assessment reports), and, in consultation with the student and, if necessary, the student’s medical provider, will identify the reasonable accommodation(s) which will be effected to enable the student to perform academic requirements or participate in other activity at the College in compliance with state and federal law.

    A7.8.3.1 Educational / Classroom Accommodations 

    (a) Intake/Request Form:  Students seeking educational /classroom accommodations must first complete a Request for Disability Support Services available at the Disability Services Office (DSO), located in the Harvin Student Center, Room 188 on the East Campus, or the Coleman Center, Room 106 on the West Campus.  Students should contact the DSO as soon as they are notified of their acceptance as students at Del Mar College. While there may be circumstances where a student may not learn of the need for a specific accommodation until after the start of a class, early notification will allow the DSO and student to gather documentation on the disability, decide on appropriate accommodations, and arrange the services/auxiliary aid for the upcoming semester.  First time Del Mar College students, especially students needing services such as Interpreters for the Deaf, CART, and screen magnifier/reader technology, should contact the DSO at least 1 month prior to the start of the semester to set up these services. Students who request services at or after the start of the semester may have their accommodations delayed or denied for the semester in those cases where services/aids cannot be timely located due to the student’s delayed request.

    (b) Intake Meeting with Disability Support Specialist: After completing and submitting the Request for Disability Support Services form to the DSO, the student must initiate and schedule a meeting with a Disability Support Specialist for the purpose of identifying and discussing their accommodation needs and providing supporting documentation of the disability, if necessary. 

    In those cases where the supporting documentation is provided at the intake meeting it will be reviewed by the Disability Support Specialist to determine whether the documentation is current and supports the students’ request.

    In those cases where the student does not have appropriate documentation at the time of the intake meeting, or the Disability Support Specialist determines that the documented diagnosis is outdated such that it is no longer useful or representative of the student’s current needs and, or that the documentation does not accurately reflect the nature of the disability and how it affects the student’s ability to access and participate in the college educational process, then the student will be asked to obtain appropriate documentation regarding their disability and accommodation needs in accordance with the guidelines for documentation identified at A7.8.6.  The Disability Support Specialist will explain the documentation guidelines and provide the student with a copy of the guidelines. If an appropriate accommodation(s) assessment cannot be completed without proper documentation, and the student fails to provide proper documentation, the DSO will be unable to provide services and will provide the student with notification of the determination, along with a written detailed explanation of the denial, within 1 working day, identifying the documentation that is required to assess the student’s accommodation request. If the student then provides appropriate documentation after receiving this written notice of denial, the process will resume.

    (c) Classroom Accommodation Letter / Instructor Letter: Within 2 days after the A7.8.3.1(b) initial intake/continuation of services meeting has been held and, where necessary, the appropriate supporting documentation is on file in the Disability Services Office, the Disability Support Specialist will create and sign the Classroom Accommodation(s) Letter/Instructor Letter and meet with the student to explain the appropriate classroom accommodation(s) to be provided. The letter will identify the classroom accommodation(s) to be provided and will be based on a review of the student’s diagnosis, recommendations by the professional responsible for creating the supporting documentation regarding the student’s disability, and input received from the student during the A7.8.3.1(b) intake meeting. If the student agrees with the identified accommodation(s) to be provided by the College, the student will sign the Classroom Accommodation(s) Letter / Instructor Letter(s). If the student disagrees with the identified accommodation(s), or believes that any requested accommodation has been denied, the student may appeal the decision as provided by A7.8.5.  

    (d) Consent to Notify Instructor(s) Form:  If the student has not already provided the Disability Support Specialist with a class schedule at the A7.8.3.1(a) or A7.8.3.1(b) meetings, then, within 2 working days of registering for classes, the student is required to return to the DSO and notify the Disability Support Specialist of the classes and instructors for which and with whom the student has registered. On that same day, the Disability Support Specialist will prepare a Consent to Notify Instructor(s) form for the student’s signature. The form allows the DSO to notify any and all class instructors for the semester, with whom the student has registered, of the accommodation(s) approved for the student as described in the Classroom Accommodation(s) / Instructor Letter.

    (e) Instructor Notification: The Disability Support Specialist will notify the instructor of each class (if known and available), by providing the instructor with a copy of the Classroom Accommodation(s) / Instructor Letter,  within 3 working days after the Consent to Notify Instructor(s) form is completed and signed by the student.  If an instructor has not been assigned, or is not available at the time for a course, the Disability Support Specialist will contact the Department Chair or their designated representative within this same timeframe.  The Department Chair, or their designated representative, will inform the Disability Support Specialist of the instructor’s name and how the instructor can be contacted as soon as the instructor is identified for the class(s) in question.  Within 1 working day of receiving the Classroom Accommodation(s) / Instructor Letter, the instructor, or Department Chair, where necessary, will review, sign, and return the instructor letter to the Disability Support Specialist and comply with the accommodation(s) identified in the letter through the course of the semester.  If, after reviewing the Instructor Letter, the Instructor objects that the accommodation(s) cannot be provided because the accommodation fundamentally alters the nature of the course and, or creates an undue administrative or financial burden, the Instructor must notify the issuing Disability Support Specialist within 1 working day to facilitate the resolution of their objection as provided in A7.8.4. In the case of an objection, the Instructor will sign the letter, but indicate that it is “with objection.” Except for issues of safety, the instructor is expected to provide the recommended accommodation(s) during the semester while the process outlined in A7.8.4 is completed.

    (f) Distribution of the Finalized Classroom Accommodations / Instructor Letter: Within 3 working days of the DSO’s receipt of the signed Classroom Accommodations / Instructor Letter form from the instructor, the Disability Support Specialist will deliver a copy of the signed Classroom Accommodation(s) / Instructor Letter to the student and each instructor. Students should contact the DSO if they lose/misplace the completed or signed letter to obtain another copy.

    (g) Student Withdrawal of Request for Accommodation(s): Any student who decides to withdraw their request for accommodation(s) after signing the Classroom Accommodation(s) / Instructor Letter must submit their decision to the DSO in writing.

    A7.8.3.2 Placement Testing, Advising, Registration and Other Non-Classroom Accommodations: Students with disabilities seeking accommodations for testing (Quick THEA or Compass assessment tests), advising, registration or other non-classroom college activities may seek assistance at the Disability Services Office. Students must complete a Request for Disability Support Services form, provide documentation in support of their request and meet with a Disability Support Specialist as provided in A7.8.3.1(a) and (b). Within 2 days after the A7.8.3.1(b) meeting has been held and, where necessary, the appropriate supporting documentation is on file in the Special Services Office, the Disability Support Specialist will create and sign the Accommodation(s) Letter and meet with the student to explain the appropriate accommodation(s) to be provided. If the student disagrees with the identified accommodation(s), or believes that any requested accommodation has been denied, the student may appeal the decision as provided by A7.8.5

    A7.8.3.3 Service Animals: Del Mar College and the Disability Services Office staff are committed to complying with all federal, state and local guidelines related to the use of service animals by students with disabilities.

    A7.8.3.3.1 Definitions:

    Service Animal: A service animal is an animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting hearing impaired individuals to potential dangers, or pulling a wheelchair and picking up dropped items. Species of animals permitted to act as service animals are those defined by state and federal law.

    Therapy/Emotional Support Animal: A therapy/emotional support animal is an animal designated by a healthcare provider to play a part in the treatment process of an individual with a disability. However, a therapy/emotional support animal does not assist an individual with a disability in the activities of daily living, nor does it accompany a person with a disability at all times. Thus, therapy/emotional support animals are not service animals and are not covered by A7.8.3.3, except under certain circumstances as provided herein.

    A7.8.3.3.2 Access: Subject to certain restrictions set forth in A7.8.3.3.4, a service animal will be allowed to accompany a student with disabilities into any areas of the College to which a student without disabilities or other members of the public or invitees would ordinarily have access, including, but not limited to, public dining facilities.

    A7.8.3.3.3 Requirements of Service Animals and Their Owners:

    Registration and Documentation: When requesting accommodations involving the use of a service animal, students with disabilities are not required to register service animals or provide any type of documentation such as proof of disability for the student, or proof of training, licensure or certification for the service animal.

    Upon receipt of a request for accommodation involving the use of a service animal, DSO staff may not ask questions regarding the nature or extent of the student's disability. If it is not readily apparent that an animal is trained to do work or perform tasks for a student with a disability, DSO staff may only as 1) "Is the animal required because of a disability?" and 2) "What work or task has the animal been trained to perform?".

    Service Animal Management: Service animals shall be under the control of its student handler through the use of a harness, leash or other tether. In those cases where the student handler is unable, due to disability, to use a harness, leash or other tether, or where the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, the service animal must otherwise be under the student handler's control through such means as voice control or signals.

    A7.8.3.3.4 Restrictions and Exclusion of Service Animals: Service animals can be excluded from campus if the animal is out of control and the animal's handler does not take effective action to control it, or if the animal is not housebroken.

    In cases where a service is properly excluded from campus under this section, the student with a disability shall be given an opportunity to participate in any service, program or activity of Del Mar College without having the service animal on campus.

    A7.8.3.3.5 Treatment of Service Animals by the Del Mar College Community: Employees and students of the College community will abide by the following practices with regard to service animals: 1) service animals are allowed to accompany a disabled student at all times and in all places on campus to which a student without disability or other members of the public or invitees would ordinarily have access, except as provided by   A7.8.3.3.4; 2) touching or petting of a service animal is prohibited unless invited to do so by the disabled student; 3) feeding of a service animal is prohibited except by the disabled student; 4) a service animal should not be deliberately startled; 5) no action should be taken to separate a disabled student from his or her service animal, except under emergency situations where it may become necessary.

    A7.8.3.3.6 Conflicting Disabilities: Students with disabilities utilizing service animals will not be denied access where other students or employees of the College have medical conditions that are affected by animals including, but not limited to, respiratory diseases, asthma or severe allergies. Other students or employees of the College with medical condition(s) that are affected by animals should contact the Disability Services Office (students) or the Human Resources Department (employees) if they have a concern about exposure to a service animal. The employee or student asserting the medical condition affected by a service animal will be accommodated as necessary and as provided by law.    

    A7.8.3.3.7 Exceptions for Emotional Support Animals: The College may exercise its discretion in determining whether a student may be allowed the use of an animal whose sole function is to provide comfort or emotional support as an accommodation under certain circumstances. In those cases where a student with a disability is able to establish a medical need for an emotional support animal through documentation from his or her medical provider, a student may be allowed to use an emotional support animal on campus. If a student with a disability is allowed the use of an emotional support animal, policy regarding the management and exclusion of service animals set forth herein will be applicable.

    A7.8.3.4 Student’s Continuation of Disability Services: Students who wish to continue to receive educational accommodations for subsequent semesters must submit a valid enrollment record showing the classes/instructors/dates and times to the DSO as soon as they register for the next semester.   If a student will not require changes to the prior semesters’ accommodations, the enrollment record must be submitted no later than two weeks prior to the start of classes.  Students who require a modification of existing accommodations or require new or additional accommodations must:
    - Schedule a meeting with the Disability Support Specialist no later than 1 month prior to the start of the new semester to discuss the changes or additions; and,
    - If necessary, provide any additional documentation to support their request.

A7.8.4 Resolving Faculty Concerns Regarding Recommended Accommodations: The following steps will be followed to address/resolve any faculty objections to providing recommended student accommodations.

A7.8.4.1 Instructor Objection: Within 1 working day after receiving the Classroom Accommodations / Instructor Letter,  the instructor will submit, in writing, the reason(s) the accommodation cannot be provided to the Disability Support Specialist, the Department Chair, and the Academic Dean, or their designated representatives.  Accommodations will only be denied where the instructor’s reasons establish that the accommodation, as defined by law, fundamentally alters the nature of the course or creates an undue administrative or financial burden. 

A7.8.4.2 Instructor / DSO Meeting: The Disability Support Specialist and Instructor will meet within 1 working day of the notification of the objection to discuss the instructor’s concerns. If the instructor’s reasons for objecting to the accommodation establish that the accommodation, as defined by law, fundamentally alters the nature of the course or creates an undue administrative or financial burden, the instructor, the Disability Support Specialist, and the student will devise an accommodation(s) that will meet the student’s needs as required by law.  Any suggested alternative accommodations that meet the student's needs as required by law must be acceptable to the student before the alternative accommodation(s) can be implemented. If agreement is reached, a new Classroom Accommodations / Instructor Letter will be drafted for signature by the Disability Support Specialist, the instructor and the student. If the student believes that the revised accommodation does not meet their needs and therefore results in the denial of a reasonable accommodation, the student may appeal the decision as provided at A7.8.5.

A7.8.4.3 Review by Chair: If the Instructor and Disability Support Specialist cannot resolve the objection, the Chair of the Department or their designated representative and the DSO Coordinator will be notified of the dispute by the Disability Support Specialist, within 1 working day of the meeting at A7.8.4.2, and a resolution will be sought at this level. The Chair will have 2 working days from receipt of notice of the dispute to make a determination. Chair approval of the recommended accommodations will terminate the process. The Chair will sign the Class Accommodation(s) / Instructor Letter and the student will continue to be provided with the requested accommodation(s) by the instructor. 

A7.8.4.4 Review by Dean: If the Chair and DSO staff cannot resolve the instructor’s objections within 2 working days of the Chair’s receipt of notice of the dispute, the appropriate academic Dean or their designated representative will be notified by the Coordinator of Disability Services and a resolution will be sought at this level.  The Dean will have 2 working days from receipt of notice of the dispute to make a determination. Dean approval of the recommended accommodations will terminate the process. The Dean will sign the Class Accommodation(s) / Instructor Letter and the student will continue to be provided with the requested accommodation(s) by the instructor. 

A7.8.4.5 Review by Provost / Vice President of Instruction: If the Dean and DSO staff cannot resolve the instructor’s objections within 2 working days of the Dean’s receipt of notice of the dispute, the Provost / Vice President of Instruction and Student Services, or their designated representative, will be notified by the Coordinator of the Transition Center and a resolution will be sought at this level.  The Provost / Vice President of Instruction will have 2 working days from receipt of notice of the dispute to make a determination. Approval by the Provost / Vice President of Instruction and Student Services of the recommended accommodations will terminate the process. The Provost / Vice President of Instruction and Student Services will sign the Class Accommodation(s) / Instructor Letter and the student will continue to be provided with the requested accommodation(s) by the instructor. The matter will be closed and the instructor will not have any other levels of redress at which to object to the accommodation. 

If the Provost / Vice President of Instruction and Student Services agrees with the instructor’s objections then the Provost / Vice President of Instruction and Student Services will notify the DSO Coordinator of the decision in writing. The DSO Coordinator will notify the student, in writing, within 1 working day of the decision. The student will be provided with a specific explanation of how the requested accommodation fundamentally alters the nature of the course or creates an undue administrative or financial burden.  If the student believes that decision has resulted in the denial of a reasonable accommodation, the student may appeal the decision as provided at A7.8.5.

A7.8.5 Student Appeal of Denial of Accommodation Request: A student may appeal a decision by the College regarding a request for accommodation, including the College’s decision to offer an alternative accommodation, where the student believes the decision has resulted in the denial of a reasonable accommodation.

A7.8.5.1 Denial of Accommodation Request Must Be in Writing: At any stage in the accommodation request, a student will be notified in writing by the DSO where an accommodation request is either denied or the student is offered an alternative accommodation. The student will be provided with a specific written explanation of why the accommodation cannot be provided, including an explanation of how the requested accommodation fundamentally alters the nature of the course and, or creates an undue administrative or financial burden and therefore must be denied or an alternative accommodation provided.

A7.8.5.2 Student Appeal Process

(a) Appeal Deadline: Within 5 working days of receipt of notice by the DSO that the requested accommodation cannot be provided, or a revised accommodation is proposed with which the student disagrees, the student shall submit his or her notice of appeal, in writing, to the President of Del Mar College, with a copy to the DSO. The student will specifically identify the basis for the appeal, including a description of the accommodation requested and denied, and provide any documentation which supports the basis for the appeal. In the event the student determines that the President should have access to the medical and, or psycho-educational documentation provided to the DSO when the student’s accommodation request form was originally submitted, the student should immediately complete a Consent to Release Supporting Documentation form available at the DSO at the time the appeal is submitted.  If the student determines that alternative accommodations would be acceptable in place of those already requested, the student should identify those alternative accommodations for the President’s review and consideration. 

(b)  Document Review: Within 1 working day of receiving notice of the student’s appeal, the DSO will provide the President with all documentation from the instructor objection process at A7.8.3.1, if applicable, and any documentation or written explanations provided to the student by the DSO regarding the requested accommodation. Where the student has completed a Consent to Release Supporting Documentation form, the supporting documentation should also be submitted to the President under cover of confidentiality.    

(c) Final Decision by President: Within 3 working days of receiving notice of the student’s appeal, the President shall notify the student and the DSO, in writing, of the College’s decision. If the decision provides an alternative accommodation agreed upon by the student and the President, a new Classroom Accommodations / Instructor Letter will be drafted for signature by the Disability Support Specialist, the instructor and the student. The President’s decision is final. No further appeals by the student or objections by the instructor or DSO will be accepted or considered.

A7.8.6 Documentation Supporting Student Accommodation Requests: Students with disabilities requesting accommodations at Del Mar College shall submit current physical, mental, psychological, and/or psycho-educational assessment reports to the DSO in support of their requests for auxiliary aids, assistance or services subject to the requirements set forth herein.

A7.8.6.1 Authorized Professionals: Supporting documentation must be prepared by authorized professionals such as, but not limited to, licensed medical doctors, psychologists, specialists in school psychology, licensed therapists, certified educational diagnosticians or other professionals specially licensed to assess and provide diagnoses and recommendations regarding accommodations for the disabled.

A7.8.6.2 Current Documentation: Supporting documentation should be current, preferably completed within the last 5 years from the date of submission of the student’s request, and otherwise reflect a diagnosis that is relevant for assessing the student’s current accommodation needs.

A7.8.6.3 Required Information: The documentation should include a diagnosis of the student’s medical condition and functional limitations that affect the student’s ability to access and participate in the college educational process. Where possible, the documentation should also include any relevant testing reports or physical functionality assessments that will assist the DSO in developing, in conjunction with the student’s input, a reasonable accommodation plan.     

A7.8.6.4 Recommended Accommodation: Where possible, the documentation should also include an assessment of the student’s needs and any recommended accommodations made by the submitting professional. 

A7.8.6.5 Confidentiality: Any and all documentation submitted in support of the student’s accommodation request will be maintained by the DSO as confidential and subject to the protections of applicable State and federal law.

A7.8.6.6 Exceptions to Documentation Requirement: Students with disabilities requesting accommodation for the use of a service animal or students using a wheelchair or other power-driven mobility device may not be questioned or required to provide documentation regarding the nature and extent of their disability by DSO staff. DSO staff may ask a student using an “other power-driven mobility device” to provide a credible assurance that the mobility device is required because of the student’s disability. “Credible assurance” is established through 1) the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability; or 2) a verbal representation, not contradicted by observable fact, that the “other power-driven mobility device” is being used for a mobility disability.  

A7.8.7 General Campus Access: Students with disabilities experiencing difficulties with physical or structural barriers impeding access to the Del Mar College campus should contact the Disability Services Office with any complaints or requests for redress. Students will be advised, in writing, within 5 working days of their written complaint of any necessary modifications to be implemented to resolve the student’s concerns.  

A7.8.8 Prohibition of Disability Discrimination: The College strictly prohibits discrimination against students based on disability as defined by the ADA, as amended. If a student believes he or she has suffered discrimination based on disability, including the denial of an accommodation after exhausting the appeal process at A7.8.5, the student should immediately contact Student Services as provided by B7.19.

A7.9 Out-of-Town Travel: The sponsor of any group of students making out-of-town trips must complete in advance the proper forms, which may be obtained in the Student Activities Office. (Travel procedures are covered under B3.14.)

A7.10 Student Publications: The journalism teacher is the editor of the College newspaper, The Foghorn, published regularly and distributed without charge to students and faculty.

A7.11 Intramural Sports: The College has an extensive intramural-recreational program, including flag football, tennis, racquetball, weightlifting, swimming, soccer, badminton, volleyball, basketball, table tennis, bowling, ultimate Frisbee, golf, and many other activities. Student organizations are welcome to field teams in the various events.

B7.12 Student Complaint Policy: The Student Complaint Policy is based on the belief that such complaints are best resolved at the level closest to the issue that led to the complaint. Resolutions to such complaints must be reached through the participation of all parties involved in the issue that led to the complaint.  All procedures developed in relation to this policy will be applied in an equitable and nondiscriminatory manner and will protect the rights of all parties.  The President of the College is responsible for developing these procedures. A copy of the policy and procedures may be obtained from the Office of the Dean of Student Engagement and Retention, the College's website (http://www.delmar.edu/policymanual/pmcurrent/ch7/index.html), the College Catalog or the Student Handbook.

Abuse of the process by a complainant will be subject to disciplinary action.  A complaint shall be considered an abuse of the process if the finding of facts shows that the complaint has absolutely no merit and/or is presented by the complainant in bad faith or for the purpose of harassment.  A respondent shall be considered to have abused the process if the finding of the facts shows that the respondent has acted in bad faith or with egregious disregard for the complaint, complainant, and/or the complaint process.

A7.12.1 Definitions: A student’s disagreement with the application of a specific College rule, practice and/or policy is processed through this procedure.  Sexual harassment issues will be processed in accordance with Board Policy B7.19.
A7.12.1.1 Student: The “student” is an individual officially enrolled at the College in a college-level credit or non-credit course, including GED courses, in the semester in which the complaint took place. For the purpose of this procedure, an individual who is not enrolled in a course or program is not a student at the College and unable to file a complaint under this procedure.
A7.12.1.2 Student Complaint Review Board: The“Student Complaint Review Board”, also known as the “Review Board” consists of appointed members from the College’s constituency groups to hear complaints, afford due process, deliberate on the facts, and render a final decision on a complaint.
A7.12.1.3 Respondent: The “respondent” is an individual against whom a complaint is filed.
A7.12.1.4 Observer: The “observer” is an individual who may attend the hearing, at the request of the complainant or respondent. (Either party may bring in an observer.)  The observer may  not take an active role in the hearing, i.e., ask questions, make statements/comments, or cross-examine other parties involved, nor represent the complainant or the respondent in the hearing process.  The observer may serve as an advisor outside of the hearing.
A7.12.1.5 Mediation: “Mediation” is a discussion held at an informal level between the complainant and respondent involved in a dispute with the Dispute Resolution Center, a neutral agency, to effect an agreement, settlement, compromise, or to reconcile differences prior to filing a formal complaint.
A7.12.1.6 Complainant: The “complainant” is a student who believes there has been an unfair breach or misinterpretation of College policy, procedures, applicable rules, or practices within the College.
A7.12.1.7 Non-Academic Complaint:The “Non-Academic Complaint” is a complaint by a student which does not involve grades or any academic issues.  This procedure does not include a complaint by a student against another student. A student with a complaint against another student will consult with the Dean of Student Engagement and Retention on the proper procedure to follow when filing this type of complaint.
A7.12.1.8 General Academic Non-Grade Complaint: The “General Academic Non-Grade Complaint” is a complaint by a student who has any academic disagreement not directly related to the assignment of a grade(s). A complaint of this nature may not seek to limit or lessen faculty’s rights to full freedom in the classroom to discuss the subject(s) that they teach, as protected by Board Policy B6.1.
A7.12.1.9 Grade Complaint: The “Grade Complaint” is a complaint filed by a student related to a grade dispute.
A7.12.1.10 Confidentiality: Complaints generally involve sensitive matters.  All parties involved in a complaint shall take the process seriously and respect the privacy of the complainant, the respondent, the reviewer(s), and any witnesses. . Confidentiality will be maintained to the extent provided by law.
A7.12.1.11 Reprisal: There will be no retaliation, interference, or harassment toward any party to a complaint.
A7.12.1.12 Workday: The “workday” is defined as regular College hours of operation, Monday through Friday.
A7.12.2 Non-Academic Complaint:   The Non-Academic Complaint is a complaint by a student which does not involve grades or any academic issues. The Dean of Student Engagement and Retention or designee shall review the complaint procedure with the complainant. The complainant that has a non-academic complaint will take the following steps in an effort to reconcile a complaint.
A7.12.2.1 Step One: : The complainant may: 1) informally discuss the nature of the complaint with the respondent; or 2) submit a written complaint (appropriate form provided by the Dean of Student Engagement and Retention) to the respondent within five (5) working days of the date of the complainant’s awareness of the occurrence. The respondent will inform the complainant in writing of a decision on the complaint presented within five (5) working days of receipt of the written complaint.
A7.12.2.2 Step Two: If the complainant has attempted an informal discussion and/or has submitted a written complaint and received a written response and remains dissatisfied, then the complainant may request mediation. The respondent may also request mediation in the event that a resolution was not achieved by informal discussion or written response.  A mediation session will take effect only after agreement by both the complainant and respondent. If either party chooses not to participate in mediation, the complainant may proceed to Step Three.

The Dean of Student Engagement and Retention will  arrange the mediation session. If the complaint is against a faculty or staff member, the Dean of Student Engagement and Retention will consult with the Director of Human Resources. Any proposed resolution from the third party mediation session(s) will be reviewed by the Dean of Student Engagement and Retention to make sure that all points are within Del Mar College policies, procedures, and practices.  If the Dean of Student Engagement and Retention is unclear whether the proposed resolution is within College policies and procedures, then the mediation session will continue at a later date after clarification has been obtained.

A7.12.2.3 Step Three: If the complainant remains dissatisfied after Step One (or Two), he or she,  after receipt of the written response, has five (5) working days to appeal in writing to the Student Complaint Review Board through the Office of the Dean of Student Engagement and Retention. Using the appropriate form, which may be obtained from the Office of the Dean of Student Engagement and Retention, the complainant shall address only one subject in any one complaint. A written complaint shall contain a clear and concise statement of the complaint, referring to the actual policy that is alleged to have been violated, where appropriate, the date the incident took place, the issue involved, and the remedy sought. The Review Board shall hold a hearing, produce a tape recording and written record, and issue a written recommendation to the Dean of Student Engagement and Retention.

A7.12.2.4 Student Complaint Review Board Membership: At the beginning of each academic year, the  Dean of Student Engagement and Retention will appoint the Student Complaint Review Board. The Review Board shall consist of seven (7) members randomly selected by the  Dean of Student Engagement and Retention from a pool of representatives previously recommended by the Faculty Council, Council of Chairs, Nonexempt Personnel Advisory Council, the Exempt Personnel Advisory Council and students.

The Student Complaint Review Board shall consist of one faculty member, one Department Chair, one Exempt staff member, one Nonexempt staff member, and three students. The students on the Review Board will be randomly selected.  At the beginning of each fall semester,  the Director of Student Leadership and Campus Life will be asked  for the names of three (3) student leaders  to serve on the Review Board.  The names will be forwarded to the  Dean of Student Engagement and Retention’s office.

The Review Board will name its own chair. A member from the Equity and Affirmative Action Office (EAAO) and/or their trained designee shall be present at all Review Board meetings.  The EAAO representative will assure that all applicable policies, procedures, and due processes are followed.  The EAAO will be responsible for tape recording and producing a written transcript of the Review Board meetings.  The complaint hearing will be held in closed session unless both the complainant and respondent agree, in writing, to an open hearing. The hearing is considered an administrative process and not subject to legal proceeding requirements.

A7.12.2.5 Hearings: The complainant and/or respondent may have an individual of choice to attend the hearing as an observer to counsel and advise them.  The observer may not take an active role in the hearing, i.e., ask questions, make statements/comments, cross-examine other parties nor represent the complainant or respondent in the hearing process. The Review Board shall hold its hearings within ten (10) working days of the date that the Dean of Student Engagement and Retention is notified in writing that Step One (or Two) of the complaint process is being appealed. A decision by the Review Board will be forwarded to the Dean of Student Engagement and Retention or designee who will evaluate the Review Board’s recommendation for matters of compliance with policy and procedure only. Within five (5) working days of receipt of the Review Board's decision, the Dean of Student Engagement and Retention shall provide the complainant a written notice of the Review Board's decision. The Review Board’s decision is considered final and will exhaust all administrative requirements for the complainant.

A7.12.2.6 Time Limits: If the complainant fails to meet the time limits at any step, the complaint is automatically considered dropped; if the administration or College personnel, at any step, fails to meet the time limits, the complaint is automatically advanced to the next step.  Extension of time limits, for extenuating circumstances, may be requested in writing, by the complainant, respondent, or Review Board through the  Provost and Vice President of Instruction & Student Services or designee.  All parties affected by the complaint will be notified of the extension through the  Provost and Vice President of Instruction & Student Services or designee.

A7.12.3 General Academic (Non-Grade) Complaint: The General Academic Non-Grade Complaint is a complaint by a student who has any academic disagreement not directly related to the assignment of a grade(s).  A complaint of this nature may not seek to limit or lessen faculty’s rights to full freedom in the classroom to discuss the subject(s) that they teach, as protected by Board Policy B6.1. [See A7.12.4 for complaints concerning grade assignments.]

The Dean of Student Engagement and Retention shall review the complaint procedure with the complainant.  A complainant who has a non-grade-related academic complaint against a faculty or staff member will take the following steps in an effort to reconcile the complaint.

A7.12.3.1 Step One: The complainant may: 1) informally discuss the nature of the complaint with the respondent; or 2) submit a written complaint (appropriate form provided by the Dean of Student Engagement and Retention) to the respondent within five (5) working days of the date of the complainant’s awareness of the occurrence.

A7.12.3.2 Step Two: A written decision by the respondent should be made to the complainant within five (5) working days of the complainant/respondent  conference. That decision is final unless the complainant is dissatisfied with the decision.

A7.12.3.3 Step Three: If the complainant remains dissatisfied after Step Two, he or she, after the receipt of the written decision, has five (5) working days to complete the appropriate form, available in  the Office of the Dean of Student Engagement and Retention, and present it to the Department Chair or the staff member’s Immediate Supervisor for review. The Department Chair or the staff member’s Immediate Supervisor will consult with the Director of Human Resources regarding the complaint. The complainant shall address only one subject in any one complaint. A written complaint shall contain a clear and concise statement of the complaint, referring to the actual policy that is alleged to have been violated, where appropriate, the date the incident took place, the issue involved, and the remedy sought.

A7.12.3.4 Step Four: The Department Chair or the Immediate Supervisor has five (5) working days from receipt of the appropriate form to investigate, reach a decision, and notify the complainant and respondent in writing of the decision.

A7.12.3.5 Step Five: If dissatisfied with the results of the decision at Step Four, either party may appeal in writing within five (5) working days of receipt of the Department Chair’s or Immediate Supervisor’s decision. Any such appeal will be made to the appropriate Dean. The Dean has five (5) working days from receipt of the appeal to investigate, reach a decision, and notify the complainant and respondent, in writing, of the decision. The decision of the Dean is final.

[If the respondent is a department chair, the complainant will have five (5) working days to appeal the case to the Instructional Dean, who will review the complaint and render a written decision. If the Immediate Supervisor of the staff member does not report to a Dean, then the next level Supervisor will make the final decision.  The Dean’s or next level Supervisor’s decision is final.  If the instructor is a Dean, the appeal is made to the Department Chair and then the Provost and Vice President of Instruction & Student Services, who is the final decision maker.]

[A prospective complainant denied admission to any special program of the College may appeal to the appropriate Department Chair.  If dissatisfied, the complainant may then appeal to the appropriate Instructional Dean. The decision of the Instructional Dean is final.]

A7.12.3.6 Time Limits: If the complainant fails to meet the time limits at any step, the complaint is automatically considered dropped; if College personnel, at any step, fail to meet the time limits, the complaint is automatically advanced to the next step. Extension of time limits, for extenuating circumstances, may be requested in writing, by the complainant, the faculty or staff member, or the Department Dean or Immediate Supervisor through the Provost and Vice President of Instruction & Student Services, or designee. All parties affected by the complaint will be notified of the extension by the Provost and Vice President of Instruction & Student Services, or designee.

A7.12.4 Grade Appeals: The evaluation of academic work is the prerogative of the instructor and the rules for determining final course grade should be established by the instructor and provided to the students in an electronic or printed course syllabus at the beginning of the semester.  A student who believes grounds exist for the appeal of a final grade must first consult with the instructor. If the appeal cannot be resolved, a student may proceed to the grade appeal process.

A7.12.4.1 Step One:  The complainant shall submit a written complaint (appropriate form provided by the Dean of Student Engagement and Retention) to the respondent no later than the last day of the following long semester after final grades have been posted.

A7.12.4.2 The respondent will inform the complainant and Department Chair in writing on the appropriate form of a decision on the complaint within ten (10) working days of receipt of the written complaint form. If resolved, the respondent will submit the original written complaint form to the Dean of Student Engagement and Retention. If unresolved, the respondent will submit a copy to the Dean of Student Engagement and Retention.

A7.12.4.3 Step Two:  If unresolved the Department Chair will meet with the complainant and respondent within 10 working days of receipt of the written complaint. If resolved, the Department Chair will submit the original written complaint form to the Dean of Student Engagement and Retention. If unresolved, the Department Chair will submit a copy to the Student, the respondent and the Dean of the Division and the Dean of Student Engagement and Retention.

A7.12.4.4 If unresolved, the student may request a hearing within ten (10) working days of receiving the response/complaint form. The Department Chair will convene a Grade Appeals Committee within ten (10) working days of receipt of the written complaint form with the request. Copies of the grade decision will be submitted on the proper form to the Dean of the Division.

A7.12.4.5 The Dean of the Division shall review the process, all related materials, and minutes within five (5) working days of receiving all materials. If the Dean of the Division certifies that the policy was followed, the grade appeal is completed. If the Dean of the Division finds substantive errors in the process a separate Grade Appeal Committee shall be initiated by the Dean. If the Grade Appeal Committee rules in favor of a grade change, the instructor or Dean of the Division shall, by way of official grade change forms available at the Registrar’s office, initiate the grade change.

A7.12.4.6 The Dean of the Division will complete the complaint form and forward the original to the Dean of Student Engagement and Retention and copies to the complainant, the respondent, and the Department Chair.

Decisions reached through this process are final and may not be appealed.

If at any point a deadline is not met by faculty/administrator, the process moves to the next procedural level. If at any point a deadline is not met by the student, the process ends. An extension of time limits, for extenuating circumstances, may be requested in writing by the complainant or the respondent through the Dean of the Division or Designee.

The procedures described in this policy are available only for appeal of a semester or term grade based on one or more of the following reasons:

  1. A mathematical error in calculation of the grade or clerical error in recording of the grade that remains uncorrected;
  2. The assignment of a grade to a particular student by application of more exacting requirements than were applied to other students in the course;
  3. The assignment of a grade to a particular student on some basis other than performance in the course;
  4. The assignment of a grade by a substantial departure from the faculty member’s previously announced standards;
  5. Extenuating circumstances such as illness, incapacity, or absences of the instructor generate uncertainty regarding appropriateness of the grade assigned.

Grades given as a result of academic dishonesty cannot be appealed under the grade appeal procedure, but should be made under the provisions of the Policy on Scholastic Dishonesty B7.13.6.

The detailed procedures for submitting a grade appeal are available in the office of the Dean of Student Engagement and Retention. They shall also be published in the Student Handbook and the procedures reviewed, periodically, by the College’s Curriculum and Academic Standards Committee.

B7.13 Standards of Student Conduct Policy: This policy is applicable to all students enrolled in Del Mar College to ensure that all practices and actions of the College are applied to students in an equal and nondiscriminatory manner.

B7.13.1 Student Rights:   B7.13.1.1 The right to exercise the privileges of an American citizen in a college setting.   B7.13.1.2 The right to inquire about and to recommend improvements in policies, regulations, and procedures affecting the welfare of the students. Students may contact the Dean of Student Engagement and Retention for guidance on the processes available to recommend improvement in policies or in exercising their rights.   B7.13.1.3 The right to notice of the charges and evidence against the student, the right to counsel, and to a fair hearing when a finding of misconduct is made and a disciplinary action for misconduct, as defined by B7.13.5 and A7.13.9, is proposed for the student as an individual or as a group member.   B7.13.2 Student Obligations and Responsibilities:
  B7.13.2.1 The obligation to be fully acquainted with published rules, regulations, and policies of the College and to comply with them in the interest of maintaining an orderly and productive College community. A copy of the published rules, regulations and policies may be found in the College catalog, Student Handbook, the College's website: http://www.delmar.edu/policymanual or in the Office of the Dean of Student Engagement and Retention.

B7.13.2.2 The obligation to respect the rights and property of others.

 
B7.13.3 Non-Scholastic Student Misconduct: The following are types of non-scholastic student misconduct which, if established, will result in appropriate disciplinary action.

 

B7.13.3.1 Knowingly furnishing false information to the College or filing or making known false charges against the College and/or a member of its faculty or staff.

B7.13.3.2 Destruction, damage, unauthorized possession, or misuse of College property, including Library and laboratory materials and equipment, or of private property on the campus.

B7.13.3.3 Forgery, alteration, unauthorized possession, or misuse of College documents, records, or identification cards.

B7.13.3.4 Physical or verbal abuse of another person in the College community. Any verbal threat or abuse or physical action against any College employee and/or student, where there is imminent danger that the continued presence of the student on College premises poses a substantial threat to themselves, to others, or disrupts the stability and continuance of normal College operations, is considered sufficient grounds for interim suspension from the College, pending a disciplinary review and student-initiated appeal in the case where a finding of misconduct is made.

B7.13.3.5 Participation in hazing in contravention of the Texas Education Codes, Sections 4.51 to 1.58, inclusive.

B7.13.3.6 Use, distribution, or possession of "alcoholic beverages"1/, "dangerous drugs"2/, or "controlled substances"3/, while on College property or at any authorized activity sponsored by or for any College-related organization, whether on or off campus.

  1/ As defined in Section 1.04(1) of the Texas Alcoholic Beverage Code.

2/ As defined in Article 4476-14, Vernon's Texas Civil Statutes.

3/ As defined in Article 4~76-15 (Texas Controlled Substances Act) Vernon's Texas Civil Statutes or in 21 U.S. Code Section 801 et seq.

B7.13.3.7 Disorderly conduct which inhibits or interferes with the educational responsibility of the College community or which disrupts the administrative or service functions of the College to include social-educational activities.

B7.13.3.8 Actions which violate State and federal law or city or county ordinances.

B7.13.3.9 Malfeasance or misuse of elected or appointed office in a student organization, or endangering its members, or the welfare of the College community.

B7.13.3.10 Incorrigible or persistently irresponsible behavior.

B7.13.3.11 Gambling on campus or on College property.

B7.13.3.12 Possession of any "weapon"4/ on campus or on College property or at any activity sponsored by the College or in any vehicle owned by the College, unless duly authorized by law or approved for instruction in specialized programs (see Board Policy B3.13).
 

4/ "Weapon" is defined to include any firearm, handgun (whether or not licensed under TRCS art. 4413 (29ee)), illegal knife, club, or prohibited weapon as defined or listed in Sections 46.01 and 46.05 (a) of the Texas Penal Code.

B7.13.3.13 Conduct which disrupts teaching with detrimental effects upon other students.

B7.13.3.14 Any disruption of on-going educational activities of the College which warrants disciplinary action.

B7.13.3.15 Harassment, including sexual harassment, or other discriminatory treatment of a College employee or student, or retaliation against a College employee or student for complaining of discrimination or harassment, or for cooperating in an investigation of alleged harassment or discrimination as described in B7.19.

B7.13.4 Non-Scholastic Misconduct Disciplinary Actions: In response to non-scholastic student misconduct defined in B7.13.3, any one or more of the following disciplinary actions may be proposed and imposed by the College after notice and opportunity for a student-initiated appeal and hearing:
  B7.13.4.1 Admonition and warning.

B7.13.4.2 Loss of privileges.

 a. Removal from elective or appointive office.


b. Loss of such other privileges which may be consistent with the offense committed and the rehabilitation of the student.

B7.13.4.3 Disciplinary probation with or without loss of designated privileges for a specified period of time. The violation of the terms of disciplinary probation or the infraction of any College rule during the disciplinary action will result in automatic suspension.

B7.13.4.4 Suspension from the College for a definite period of time.

B7.13.4.5 Expulsion from the College. 

A7.13.5   Non-Scholastic, Student Misconduct Review Procedure: Revisions Adopted April 15, 2014 Complaints or information regarding a student’s violation of B7.13.3 should be submitted to the Director of Student Leadership/Campus Life or designee. When the Director of Student Leadership/Campus Life or designee receives information or a complaint that a student has allegedly engaged in non-scholastic misconduct, as defined by B7.13.3, a review of the allegations will be conducted by the Director of Student Leadership/Campus Life or designee.

A7.13.5.1 Within ten (10) business days of receiving information or a complaint that a student has allegedly engaged in non-academic misconduct as defined by B7.13.3, the Director of Student Leadership/Campus Life or designee will conduct and complete a review of the allegations.

A7.13.5.2   In conducting a review pursuant to A7.13.5, the Director of Student Leadership/Campus Life or designee will meet with the student alleged to have engaged in the misconduct, giving the student an opportunity to present his/her side of the situation.

A7.13.5.3 Within three (3) business days after completion of the review, the Director of Student Leadership/Campus Life or designee may dismiss the allegation(s) as unfounded, or proceed administratively and make a preliminary finding that the allegations are supported. The Director of Student Leadership/Campus Life or designee may propose a disciplinary sanction, as set forth in B7.13.4, where the Director of Student Leadership/Campus Life or designee finds that the allegations are supported. Any findings, dismissals and, or recommendations for disciplinary action will be presented in writing to the student, with a copy to the dean.

A7.13.5.4 A student may appeal a preliminary finding of misconduct and proposed disciplinary action, prior to the imposition of any proposed disciplinary action, as provided by A7.13.6

A7.13.6 Hearing Procedure for Student Disciplinary Actions Involving Non-Scholastic Misconduct: In those cases where a preliminary finding of non-scholastic misconduct is made and disciplinary action is proposed against a student, as defined by B7.13.4, the student will be entitled to appeal the finding and proposed disciplinary action, as provided herein, before the imposition of any such proposed disciplinary action.

A7.13.6.1Within five calendar (5) days of receiving such notice of findings and proposed disciplinary action from the Director of Student Leadership/Campus Life or designee, the student may appeal the findings and proposed disciplinary action, in writing, to the Dean of Student Engagement and Retention, to take place within ten (10) business days of the student’s notice of appeal.  

A7.13.6.2 Upon receipt of the student’s notice of appeal, the Dean of Student Engagement and Retention will give prompt notice to the student and the Director of Student Leadership/Campus Life or designee that a hearing has been scheduled. Seven (7) business days prior to the scheduled hearing, the Director of Student Leadership/Campus Life or designee shall forward to the Dean of Student Engagement and Retention, the complete record of the matter, including the investigative file, findings, and recommendations. Such record may be considered by the Dean of Student Engagement and Retention in reaching a decision.

A7.13.6.3 The Dean of Student Engagement and Retention shall review the case and conduct such hearing utilizing the following procedural framework:

A7.13.6.3.1 The student shall be given prompt notice of the hearing date. The hearing shall be held within ten (10) business days of the student’s notice of appeal to the Dean of Student Engagement and Retention, unless the parties mutually agree to a delay.

A7.13.6.3.2 Five (5) business days prior to the date on which the hearing will be held, the Director of Student Leadership/Campus Life or designee and the student shall meet to exchange documents to be utilized during the hearing and exchange the names of any witnesses who may be relied upon, including a written general statement of the nature of the testimony of each witness.

A7.13.6.3.3 The hearing shall be conducted privately unless the student requests that it be open. If the hearing is conducted privately, only the Dean of Student Engagement and Retention, the student, the Director of Student Leadership/Campus Life or designee, and their representatives and witnesses may be present. Witnesses may be excluded from the hearing until it is their turn to present evidence. The student and the Director of Student Leadership/Campus Life or designee may each be represented by a person designated in writing to act for them. Notice, at least two (2) days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.

A7.13.6.3.4 The Dean of Student Engagement and Retention shall control the conduct of the hearing, the general order of which shall be as follows:  

a.) The Director of Student Leadership/Campus Life, or his or her designee, shall present such proof by documents or testimony, identified pursuant to A7.13.6.3.2, in support of his/her position.

b.) The student, or his/ her representative, may cross-examine any witnesses offered by the Director of Student Leadership/Campus Life or designee.

c.) The student, or his or her representative, may present such witness testimony or documents, identified pursuant to A7.13.6.3.2, to support the student’s position or to rebut that of the Director of Student Leadership/Campus Life or designee.

d.) The Director of Student Leadership/Campus Life, or his/her designee, may cross-examine any witnesses offered by the student and offer rebuttal witness testimony or documents to any of the student's witnesses.

e.) Closing arguments may be made by each party.  

A7.13.6.3.5 A record of the hearing shall be made if requested by either the student or the Director of Student Leadership/Campus Life or designee.

A7.13.6.3.6 The Dean of Student Engagement and Retention shall issue a written decision no later than ten (10) business days after the termination of the hearing. The decision of the Dean of Student Engagement and Retention is final.

A7.13.6.4 The Provost and Vice President of Instruction and Student Services may place a student on interim suspension immediately and without prior notice for an interim period pending a disciplinary hearing when there is imminent danger that the continued presence of the student on College premises poses a substantial threat and danger to themselves, to others, or disrupts the stability and continuance of normal College operations.

A7.13.6.5 The effective date of disciplinary action shall be the date of abandonment of the Del Mar College appeal process by the student or the decision of the Dean of Student Engagement and Retention, whichever comes first.

A7.13.6.5.1 A student is considered to have “abandoned” the Del Mar College appeal process when he or she fails to meet identified deadlines, including the deadline for appeal, or attend any scheduled meeting or hearing date, absent written notice to the Dean of Student Engagement and Retention, or a written request to the Dean of Student Engagement and Retention for an extension of time to hold the scheduled meeting or hearing date, either of which must be received by the Dean of Student Engagement and Retention prior to the meeting or hearing date.   

B7.13.7 Student Scholastic Dishonesty: Faculty members are expected to maintain the good reputation and the integrity of Del Mar College and of their own profession by guarding against scholastic dishonesty by students.

Students are expected to maintain the integrity of the College by avoiding dishonesty in their own behavior and by expecting honest behavior from their fellow students. One of the requirements for passing the courses students take at Del Mar College is that students do their own work. Meeting this requirement means avoiding plagiarism, collusion, and cheating.

  A7.13.7.1 Students Must Not Plagiarize: Plagiarism occurs when a student takes another’s words or ideas and uses them as if they were the student's own. This can happen in three (3) ways:
  A7.13.7.1.1 A student copies another’s words without using quotation marks and without giving the source.

A7.13.7.1.2 A student puts another's ideas into the student’s words but does not give the source.

A7.13.7.1.3 A student duplicates another’s structure of thought or organization of ideas but does not give the source.  

A7.13.7.2 Students Must Not Commit Collusion: Collusion occurs when someone else writes all or any part of a student's paper.

A7.13.7.3 Students Must Not Cheat: Cheating includes, but is not limited to, a student looking at another's work or using unauthorized materials or electronic devises during a test or written assignment; or fabricating data, methodology, results, findings from those in an official document, publication, or research and claiming them to be authentic.

A7.13.8 Student Scholastic Dishonesty Disciplinary Actions: If a faculty member has reasonable grounds upon which to conclude that a student has plagiarized, committed collusion, or cheated, the faculty member may recommend one or more of the following disciplinary actions:

A7.13.8.1 Give the work an F.

A7.13.8.2 Give the work a zero.

A7.13.8.3 Drop the student with a W.

A7.13.8.4 Give the student an F for the course and dismiss the student from the course. The issuance of this grade by the instructor takes precedence over a student's prior or subsequent attempt to withdraw from the course to avoid penalty under this policy.

A7.13.8.5 Suspension or dismissal from the College.

A7.13.8.6 The degree of presumed intent to commit an act of scholastic dishonesty will be a factor in the faculty member's recommendation(s) from among the penalties listed in A7.13.8.

A7.13.9 Student Scholastic Dishonesty Review Procedure: When a faculty member receives information that a student enrolled in a course taught by the faculty member has allegedly engaged in scholastic dishonesty, as defined by B7.13.7, a review of the allegations will be conducted by the faculty member.

A7.13.9.1 Within ten (10) business days of receiving information that a student has allegedly engaged in scholastic dishonesty as defined by B7.13.7, the faculty member will conduct and complete a review of the allegations.

A7.13.9.2   In conducting a review pursuant to A7.13.9, the faculty member will meet with the student alleged to have engaged in the misconduct, giving the student an opportunity to present his/her side of the situation.

A7.13.9.3 If the student denies dishonesty during the faculty member’s review, the faculty member has the option to give the student an opportunity to reconstruct or reproduce the work in a way agreeable to and under the supervision of the faculty member to prove that no dishonesty has occurred or the faculty member can proced to A7.13.9.4.

A7.13.9.3.1 The student may decline an opportunity to reconstruct or reproduce the work without penalty. If the student declines the opportunity to reconstruct or reproduce the work, the faculty member will proceed with the review and his/her recommendation.

A7.13.9.3.2 If the student agrees to reconstruct or reproduce the work and produces what the faculty member agrees constitutes proof that the work is indeed the student’s work, then the matter is closed and the faculty member will grade the student accordingly. If the student produces what he or she believes constitutes proof that the work is indeed his or her own work, and the faculty member disagrees, the faculty member may proceed with the review and make a recommendation as provided by A7.13.9.4.

A7.13.9.4 Within three (3) business days after completion of the review, the faculty member may dismiss the allegation(s) as unfounded, or proceed and make a preliminary finding that the allegations are supported. The faculty member may propose a disciplinary sanction, as set forth in A7.13.8, where the faculty member finds that the allegations are supported. Any findings, dismissals and, or recommendations for disciplinary action against a student for scholastic dishonesty must be submitted through the department chair to the academic dean, in writing, with a copy provided to the student. [If the faculty is the department chair, the recommendation is submitted directly to the dean; if the faculty is the dean, the recommendation is submitted to the Vice President of Instruction.]

A7.13.9.5 A student may appeal a preliminary finding of scholastic misconduct and proposed disciplinary action, prior to the imposition of any proposed disciplinary action, as provided by A7.13.10. 

A7.13.10 Hearing Procedure for Student Disciplinary Actions Involving Scholastic Dishonesty: In those cases where a preliminary finding of scholastic dishonesty is made and disciplinary action is proposed against a student, as defined by A7.13.8, the student will be entitled to appeal the finding and proposed disciplinary action, as provided herein, before the imposition of any such proposed disciplinary action.

A7.13.10.1 Within five calendar (5) days of receiving such notice of findings and proposed disciplinary action from the faculty member, the student may appeal the findings and proposed disciplinary action to the appropriate academic dean, to take place within fifteen (15) business days of the student’s notice of appeal.  

A7.13.10.2 Within ten (10) business days of receipt of the student's notice of appeal, the appropriate academic dean will convene an Academic Ethics Committee.  The Academic Ethics Committee will consist of the Dean of Student Engagement and Retention, three faculty and two students.  Faculty will be recommended by each department to generate a rotation pool of faculty, three of which will be appointed by the respective academic dean as needed.  Faculty will not be appointed from the same discipline from the case being heard.  Students will be selected on a rotation basis from a pool generated from the active Registered Student Organizations. On the day of the hearing, but prior to the commencement of the hearing, the Academic Ethics Committee shall select a Chair. If the Academic Ethics Committee is unable to reach consensus as to the selection of a Chair, the Dean of Student Engagement and Retention shall serve as the Chair of the Committee.  

A7.13.10.3 The appropriate academic dean will give prompt notice to the student and the recommending faculty member that a hearing has been scheduled. Two (2) business days prior to the scheduled hearing, the faculty member shall forward to the members of the Academic Ethics Committee a complete record of the matter, including the investigative file, findings, and recommendations. Such record may be considered by the Academic Ethics Committee in reaching a decision.

A7.13.10.4 The Academic Ethics Committee shall review the case and conduct such hearing utilizing the following procedural framework.

A7.13.10.4.1 The student shall be given prompt notice of the hearing date. The hearing shall be held within fifteen (15) business days of the student's notice of appeal to the appropriate academic dean, unless the parties mutually agree to a delay.

A7.13.10.4.2 Five (5) business days prior to the date on which the hearing will be held, the faculty member and the student shall meet to exchange documents to be utilized during the hearing and exchange the names of any witnesses who may be relied upon, including a written general statement of the nature of the testimony of each witness.

A7.13.10.4.3 The hearing shall be conducted privately unless the student requests that it be open. If the hearing is conducted privately, only the Academic Ethics Committee, the student, the faculty member, and their representatives and witnesses, may be present. Witnesses may be excluded from the hearing until it is their turn to present evidence. The student and the faculty member may each be represented by a person designated in writing to act for them. Notice, at least two (2) days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.

A7.13.10.4.4 The Chair of the Academic Ethics Committee shall control the conduct of the hearing, the general order of which shall be as follows:

a.) The faculty member, or his or her representative, shall present such proof by documents or testimony, identified pursuant to A7.13.10.4.2, in support of his/her position.

b.) The student, or his/her representative, may cross-examine any witnesses offered by the faculty member,

c.) The student, or his or her representative, may present such witness testimony or documents, identified pursuant to A7.13.10.4.2, to support the student's position or to rebut that of the faculty member.

d.) The faculty member, or his/her representative, may cross-examine any witnesses offered by the student and offer rebuttal witness testimony or documents to any of the student's witnesses.

e.) Closing arguments may be made by each party.

A7.13.10.4.5 A record of the hearing shall be made if requested by either the student or the faculty member.

A7.13.10.4.6 The Chair of the Academic Ethics Committee shall submit a written decision to the appropriate academic dean, reflecting the consensus decision of the entire Academic Ethics Committee, no later than ten (10) business days after the termination of the hearing. The appropriate academic dean will notify the student of the decision. The decision of the Academic Ethics Committee is final.

A7.13.10.5 The appropriate academic dean may place a student on interim suspension immediately and without prior notice for an interim period pending a disciplinary appeal hearing when there is imminent danger that the continued presence of the student on College premises poses a substantial threat and danger to themselves, to others, or disrupts the stability and continuance of normal College operations.

A7.13.10.6 The effective date of disciplinary action shall be the date of abandonment of the Del Mar College appeal process by the student, or the decision of the Academic Ethics Committee, whichever comes first.

A7.13.10.6.1 A student is considered to have "abandoned" the Del Mar College appeal process when he or she fails to meet identified deadlines, include the date to appeal, or attend any scheduled meeting or hearing date, absent written notice to the appropriate academic dean, or a written request to the appropriate academic dean for an extension of time to hold the scheduled meeting or hearing date, either of which must be received by the appropriate academic dean prior to the meeting or hearing date.

B7.14 Graduate Guarantee for Job Competency: Del Mar College guarantees that if an Associate of Applied Science (A.A.S.) or a Certificate of Achievement graduate is judged by the graduate's employer to be lacking in technical job skills identified as exit competencies for a specific degree or certificate program, the graduate will be provided up to nine (9) tuition-free credit hours of additional skill training by Del Mar College under the conditions of this guaranteed graduate policy. Special conditions which apply to this guarantee are as follows:

A7.14.1 Date of Degree: The graduate must have earned the A.A.S. degree or a certificate beginning May  1993, or thereafter, in a technical program identified in the College Catalog.

A7.14.2 Degree Requirements: The graduate must have completed the A.A.S. degree or certificate at Del Mar College (with a minimum of seventy-five percent [75%] of the credits being earned at Del Mar College) and must have completed the degree or certificate within a four (4) year time span.

A7.14.3 Employment: Graduates must be employed full-time in an area directly related to the area of program concentration as certified by the appropriate Division Dean.

A7.14.4 Date of Employment: Employment must have commenced within twelve (12) months of graduation.

A7.14.5 Additional Skills Training: A request to develop an educational plan for additional skills training by the College may be initiated by the graduate and employer through a written contact with the office of the appropriate Division Dean. The employer must certify in writing that the employee is lacking entry-level skills identified by Del Mar College as the employee's program competencies and must specify the areas of deficiency within ninety (90) days of the graduate's initial employment.

A7.14.6 Educational Plan for Retraining: The employer, graduate, and College representatives assigned by the College President will develop a written educational plan for retraining, which may include individually directed study in the area of deficiency and/or up to nine (9) credit hours of course work.

A7.14.7 Limitation on Enrollment:  Enrollment in credit courses will be limited to those classes regularly scheduled during the period covered by the educational plan.

A7.14.8 Retraining Time Limit:  All retraining must be completed within one (1) calendar year from the time the educational plan is developed.

A7.14.9 Course-Related Expenses: The graduate and/or the employer is responsible for the cost of books, insurance, uniforms, fees, and other course-related expenses.

B7.14.10 Guarantee Limitation: The guarantee does not imply that the graduate will pass any licensing or qualifying examination for a particular career.

B7.14.11 Limit on Claim for Remedy:  The graduate's and/or the employer's sole claim for remedy against Del Mar College for skill deficiencies shall be limited to the enforcement of the obligation to provide nine (9) credit hours of tuition-free education under the conditions described within this policy.

A7.15 The Procedure for Courses Requiring Reading, English, and Mathematics Assessment Levels (REMs): The Policy on Courses that Require Reading, English, and Mathematics Assessment Levels (REMs):  Technical Courses (generally those courses in certificate programs and A.A.S. degree programs) will not be required to list any required assessment levels (the current REM notations may be omitted entirely for these courses). For all other non-technical courses in A.A.,  A.S., and A.A.S. degree programs, the program faculty and the Department Chair, with the approval of the appropriate Dean, will decide on the appropriate assessment levels using the following guidelines:
A7.15.1 Areas Listed: Only those areas (reading, writing, or math) needed for a course will be listed.  For example, ENGL 1301 will list only an R level and an E level (a math level is not needed).
A7.15.2 Noted Assessment Levels: Only assessment levels 2 or 3 need to be noted.  An assessment level of 1 is the "default” and need not be noted.

A7.15.3 Transfer Courses Assessment Level: Most college-credit transfer courses will require an assessment level of 3 in at least one area (reading, writing, or math). If a Chair determines that a course does not require students to be at level 3 in any area (reading, writing, or math), a brief written rationale will be given to the appropriate Dean and the Vice President of Instruction.

A7.15.4 REM Levels Not Required: REM assessment levels usually will not need to be stated for courses that have another course as a prerequisite.  Only the prerequisite course need be stated, unless REMs higher than those needed for the prerequisite course are also required.

A7.15.5 Special Approval: A Department Chair may give “special approval” to permit a student who does not meet the assessment levels for a course to enroll in that course.  This “special approval” may be used to enroll students only into courses in the Chair’s department.  (See A7.17.4.1)

A7.16 Student Withdrawal or Excused Absence for Active Military Service:

A7.16.1 Student Withdrawal for Military Service: The Texas Higher Education Coordinating Board rules (Chapter 21 Section 21.5) indicate, "If a student withdraws from an institution because the student is called into active military service, the institution, at the student's option shall:

(1) refund the tuition and fees paid by the student for the semester in which the student withdraws;
(2) grant a student, who is eligible under the institution’s guidelines, an incomplete grade in all courses by designating “withdrawn-military” on the student’s transcript; or
(3) as determined by the instructor, assign an appropriate final grade or credit to a student who has satisfactorily completed a substantial amount of course work and who has demonstrated sufficient mastery of the course material.”

A7.16.2 Excused Absence for a Student Called to Active Military Service:  The Texas Higher Education Coordinating Board Rules (Chapter 4 Rule 4.9) indicate that “[u]pon notice from a student required to participate in active military service, an institution shall excuse a student from attending classes or engaging in other required activities, including examinations. A student shall not be penalized for an absence which is excused under this subsection and shall be allowed to complete an assignment or take an examination from which the student is excused within a reasonable time after the absence.”

A7.16.2.1 Maximum Excused Absence: A student called to service as a member of a reserve military component or the Texas National Guard will not be penalized and shall be excused for absences accrued during the period of active military service for a period of active duty no longer than 25% of the total number of class meetings or the contact hour equivalent (not including the final exam period) for the specific course or courses in which the student is currently enrolled at the beginning of the period of active military service.  (Example:  During a 16 week semester with 32 planned class meetings, no more than 4 weeks and 8 class meeting absences may be excused.)

A7.16.2.2 Retention of Student’s Work: Faculty members will retain the student’s coursework completed during the portion of the course prior to the student being called to active military service to be used when the student returns and completes the course requirements in order to ascertain a proper grade award.

A7.16.2.3 Course Syllabus or Instructional Plan: The course syllabus or other instructional plan that was in effect when the student was called to active military service shall be retained for future use so that the student will be able to complete the course without prejudice and under the same course requirements that were in effect when the student enrolled in the course.

A7.16.2.4 Completion of Assignments and Examinations: The student shall be granted a reasonable period of time after the absence to complete assignments and examinations.  A reasonable period of time shall be defined as “within 30 calendar days of completion of active service period or one week prior to the final examination date scheduled, whichever occurs first.”

A7.16.2.5 Failure to Complete Assignments and Examinations: If a student fails to complete missed assignments and examinations as provided by A7.16.2.4, the student will not receive credit for uncompleted assignments and examinations and will be awarded a course final grade accordingly.

A7.16.3 Complaints: Students alleging a violation of any section of A7.16 may follow the complaint procedures outlined in section B7.12 Student Complaint Policy.

A7.17 Del Mar College Developmental Education Plan: This plan identifies how Del Mar College will meet the requirements of the Texas Success Initiative (TSI).  This plan receives oversight from the College-wide Developmental Education Council (DEC).

A7.17.1 Exemptions: The following students are exempt from the parts of TSI listed:
A7.17.1.1 ACT: composite score of 23 with a minimum of 19 on the English (exempt from developmental reading and writing) or a minimum of 19 on the mathematics test (exempt from developmental mathematics);A7.17.1.2 Scholastic Aptitude Test (SAT) taken before March 2005: a combined verbal and mathematics score of 1070 with a minimum of 500 on the verbal (exempt from developmental reading and writing) or a minimum of 500 on the mathematics test (exempt from developmental mathematics); taken March 2005 or after: a combined reading and mathematics score of 1070 with a minimum of 500 on the reading (exempt from developmental reading and writing) or a minimum of 500 on the mathematics test (exempt from developmental mathematics).

ACT and SAT must have been taken no more than five (5) years prior to enrollment.

A7.17.1.3 Texas Assessment of Academic Skills (TAAS): a minimum scale score of 1770 on the writing test, a Texas Learning Index (TLI) of 86 on the mathematics test and 89 on the reading test (exempt from all parts of TSI).  TAAS must have been taken no more than three (3) years prior to enrollment.

A7.17.1.4 Texas Assessment of Knowledge and Skills (TAKS): taken in the eleventh grade a minimum scale score of 2200 on the ELA (English Language Arts) with a minimum essay score of 3 (exempt from developmental reading and writing) or a minimum scale score of 2200 on the mathematics test (exempt from developmental mathematics).  TAKS must have been taken no more than three (3) years prior to enrollment.

Students can be exempted through a combination of ACT, SAT, and TAKS scores.

A7.17.1.5 Graduates with a baccalaureate or associates degree from an accredited public institution of higher education in Texas (exempt from all parts of TSI).

A7.17.1.6 Transfer students from a private or independent institution of higher education or an accredited out-of-state institution of higher education who have satisfactorily completed college-level course work in courses related to reading, writing or mathematics (exempt from developmental reading, writing, or mathematics, depending on course work).

A7.17.1.7 Students who have previously attended any accredited public institution of higher education in Texas and have been determined to have met readiness standards by that institution.

A7.17.1.8 Students continuing in a Level-One certificate program may complete their certificate without additional assessment.

A7.17.1.9 Non-degree-seeking students who register for ESOL classes only.

Students who have previously taken the THEA Test (formerly TASP test) will not need to be reassessed.

A7.17.2 Assessment:

A7.17.2.1 Del Mar College assesses each entering student prior to enrollment.  Under exceptional circumstances, a student may enroll in freshman-level academic course work without assessment but will be required to be assessed not later than the end of the first semester of enrollment in freshman-level academic course work.

A7.17.2.2 Del Mar College will not use the assessment or the results of the assessment as a condition of admission.

A7.17.2.3 Assessment Instruments:  The following assessment instruments are used at Del Mar College:

A7.17.2.3.1 COMPASS by ACT;

A7.17.2.3.2 Texas Higher Education Assessment (THEA) (formerly TASP Test) by National Evaluation Systems, Inc.

A7.17.2.3.3 Accuplacer by College Board.  Although Accuplacer is not administered at Del Mar College, Accuplacer scores are accepted from transfer students.

A7.17.2.3.4 The standards used by the College to determine readiness for academic coursework are shown on a placement chart, published in the Catalog and class schedule.

A7.17.3 Advisement:

A7.17.3.1 Appropriate developmental course work will be determined by a student’s test scores and the placement chart developed by Del Mar College shown in the Catalog and Class Schedule.

Students who pass the developmental courses required by their test scores are considered ready for academic course work corresponding to their current placement levels.

A7.17.3.2 Each student who has earned 24 or fewer credit hours will be required to meet with an advisor prior to registration.  The appropriate developmental education for that individual student is available to the advisor through the College Student Information System.  Undeclared and liberal arts majors will meet with staff from the Department of Counseling, Advising and Special Services.  All other students will meet with faculty from their major.

Students may request a copy of their education plan from their advisor.

A7.17.4 Determination of College Readiness:
A7.17.4.1 All courses offered by Del Mar College have been assigned placement levels for Reading, English and Mathematics.  Students may concurrently enroll in developmental classes and college-credit classes as long as they meet all three placement levels by assessment test scores or by passing the previous level of developmental class, unless they are given special approval by the Department Chair to enroll in a course in the department.

A7.17.4.2 Students who do not initially score at college-level according to the Del Mar College Placement Chart shown in the College Catalog and Schedule of Classes can either retest and score at college level or complete the developmental education required to be eligible to enroll in courses in their degree plan.

A7.17.4.3 The successful completion of the following developmental courses will be used to determine that the student has met the Texas Success Initiative:

READ 0306 for the Reading component, ENGL 0307 for the English component and MATH 0371 for the Math component.  (MATH 0371 does not meet the college standard to take college level coursework but is approved to meet the Texas Success Initiative standard).

A7.17.5 Retesting:

A7.17.5.1 Students are not required to retest but may choose to retest to improve their test scores.

A7.17.6 Evaluation: Overview of the College’s developmental education program is provided by the Department of Communications, Languages and Reading, the Department of English, Philosophy, and Education and the Department of Mathematics and Physics.  All developmental education and the student services that support it are coordinated by the College-wide DEC (Development Education Council).

A7.18  Limit on Dropped Courses:  Del Mar College shall comply with Texas Education Code 51.907 and Texas Higher Education Coordinating Board regulations concerning the limitations on the number of courses that may be dropped under certain circumstances by undergraduate students.  The College shall ensure that adequate processes are established and implemented to address state statutes and regulatory requirements.

A7.18.1  Applicability of Limit on Dropped Courses: Beginning with the fall 2007 academic term and applying to students who enroll in higher education for the first time during the fall 2007 academic term or any term subsequent to the fall 2007 term, students will not be permitted a total of more than six dropped courses, including any course a transfer student has dropped at another institution of higher education, unless  the student shows good cause for dropping more than that number, including but not limited to a showing of:

(A) a severe illness or other debilitating condition that affects the student ’s ability to satisfactorily complete the course;

(B) the student’s responsibility for the care of a sick, injured, or  needy person if the provision of that care affects the student’s ability to satisfactorily complete the course;

(C) the death of a person who is considered to be a member of the student’s family or who is otherwise considered to have a sufficiently close relationship to the student that the person’s death is considered to be a showing of good cause;

(D) the active duty service as a member of the Texas National Guard or the armed forces of the United Stated of either the student or a person who is considered to be a member of the student’s family or who is otherwise considered to have a  sufficiently close relationship to the student that the person’s active military service is considered to be a showing of good cause;
     
(E) the change of the student’s work schedule that is beyond the  control of the student, and that affects the student’s ability to satisfactorily complete the course; or

(F) other good causes, including

  • Crises beyond a person’s control such as the loss of home due to fire or a natural disaster;
  • Loss of employment;
  • Misadvising by a Del Mar College advisor;
  • Complete drop from a program such as Registered Nursing, Cosmetology, etc., as required by the program coordinator.

A7.18.2  Definitions Applicable for this Policy:

A7.18.2.1 A “dropped course” is defined as a course in which a student has enrolled for credit, but did not complete, under these conditions:

(A) the student was able to drop the course without receiving a grade or incurring  an academic penalty

(B) the student’s transcript indicates or will indicate that the student was enrolled in the course past the census date; and

(C) the student is not dropping the course in order to withdraw from the institution.  

A7.18.2.2   A “member of the student’s family” is  defined to be the student’s spouse, child, grandchild, father, mother, brother, sister, grandmother, grandfather, aunt, uncle, nephew, niece, first cousin, step-parent, step-child, or step-sibling; a “person who is  otherwise considered to have a sufficiently close relationship to the student” is defined to include any other relative within the third degree of consanguinity, plus close friends, including but not limited to roommates, housemates, classmates, or other persons identified by the student, for approval by the institution on a case-by-case basis.
                    
A7.18.2.3  A “grade” is defined to be the final grade assigned upon the student’s completion of a course.  A “grade” under this definition does not include incompletes.

A7.18.3 Procedures for Limit on Dropped Courses:

A7.18.3.1 Documentation:  The student must state the reason for withdrawing from a course on the withdrawal form and sign the withdrawal form.  If the student drops a course(s) because he/she was misadvised, then the student must provide a letter from the advisor or the signed degree plan that indicates the student was enrolled in the course(s) in question due to misadvising.

A7.18.3.2 Course Exemptions:  The following courses are exempt from being counted as a withdrawal towards the six drop limitation:

  • Developmental courses (These courses are already subject to the 27-hour rule limitation for state funding.)
  • ESOL courses (Students taking these courses are not always familiar with the educational system and have limited understanding of the English language. Further, many students enrolled in ESOL classes must maintain full-time enrollment because of their visa status, so they are not able to drop except under exceptional circumstances.)
  • FSEM 0101 – Freshman Seminar which is linked to developmental course ENGL0307.
  • Courses linked together such as a lecture/lab class that must be dropped will be counted as only “one” withdrawal.

A7.18.3.3  Students Still Enrolled in High School:  The Coordinating Board rules state that students enrolled in high school are not affected by the state statute on the limit for dropped courses.  Any course dropped by a student while he/she is still enrolled in high school will not be counted toward the six drop limit.  This includes students in dual credit, early admission, or the Collegiate High School. 

A7.18.3.4 Withdraw from the Institution:  “Withdraw from the Institution” applies to any student who has dropped all courses for the semester, including any mini-semesters.

A7.18.3.5 Tracking Responsibility:  The Office of the Registrar is responsible for tracking the number of drops that students have accumulated at Del Mar College and from any transfer institution of public higher education in Texas.

A7.18.3.6 Faculty Withdrawals:  Faculty may withdraw students.  If a faculty member withdraws a student and the student has exceeded the six drop limit, the withdrawal slip is sent back to the faculty member with an indication that the student can no longer be withdrawn from classes due to exceeding the “six drop limit”.  Under these circumstances, the faculty member must give the student a grade in the class.

A7.18.3.7 Appeal Process:  Students appealing to have a drop excluded from the count towards the six drop limit must provide written documentation to the Registrar that explains the nature of the reason for the withdrawal.  The appeal must be made within 30 days after the end of the semester or summer term during which the course is dropped.  The decision of Registrar is final.

B7.19 Discrimination and Harassment Complaint Policy for Students:  Del Mar College, in its continuing effort to seek equity in education and in support of federal and state anti-discrimination legislation, provides a complaint procedure for the prompt and equitable investigation and resolution of complaints of unlawful discrimination or harassment of students based on their race, color, national origin, religion, age, sex, disability, or veteran or military status. This complaint procedure also constitutes the grievance procedure 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.

A7.19.1 Discrimination and Harassment Complaints:  The Discrimination and Harassment Complaint procedure provides a process through which the College may receive, respond to, and prevent incidents of alleged discrimination and, or harassment of students based on their race, color, national origin, religion, age, sex, disability, or veteran or military status.

A7.19.2  Exclusion:  Student grievances and general complaints that do not contain allegations of discrimination, or harassment based on the student’s race, color, national origin, religion, age, sex, disability, or veteran or military status are excluded from this process.  Such complaints will be addressed under B7.12 for student issues that do not contain complaints of discrimination or sexual harassment.

A7.19.3 District Student Complaint Coordinator The District Student Complaint Coordinator, who is the Dean of Student Engagement and Retention, shall receive any complaint of alleged 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 discrimination or harassment from a student, he or she will immediately notify the District Student Complaint Coordinator of the complaint.    

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.

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 based on the student’s race, color, age, religion, national origin, sex, 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, based on the student’s race, color, age, religion, national origin, sex, 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 work 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. 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 work environment.

A7.21.4 Complainant: The Complainant is the student who initiates a complaint of discrimination or harassment pursuant to A7.23.

A7.21.5 Respondent: The Respondent is the student or employee named in a complaint of discrimination or harassment, initiated pursuant to A7.23, as having engaged in 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. It is the Complainant’s responsibility to be certain that any complaint is filed alleging complaints of discrimination and or harassment as contemplated by this section.

A7.23 Reporting a Student Formal Complaint: Students should file a written complaint with the District Student Complaint Coordinator as soon as possible following the alleged 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 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.

A7.23.1.4 Identification of the title and/or status of the persons charged whether student, administration, faculty, or staff.

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 3 working days from the filing of the complaint. Steps will be taken immediately to insure 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 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 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 witnessesBoth 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.

A7.24.7 No later than 30 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/Equal Opportunity and Affirmative Action 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.

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 Director of Human Resources/Equal Opportunity and Affirmative Action 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 may take such disciplinary action against the student as deemed appropriate by the District Student Complaint Coordinator pursuant to B7.13.5. 

If the President is the Respondent, the Board of Regents shall advise the College of any action to be taken by the College. 

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 10 working days of the District Student Complaint Coordinator’s completion of the summary of findings.       

In the case where the Respondent is a Del Mar College employee or the Del Mar College President, any determination as to the appropriate disciplinary action to be taken with regard to a Respondent shall be made within 10 days of the receipt of the summary of findings by either the Respondent’s supervisor or the Board of Regents.

A7.24.9 No later than 5 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 receive the determination and findings of the District Student Complaint Coordinator and 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.

If the Respondent is the President, the Board of Regents shall receive the determination and findings of the District Student Complaint Coordinator and issue the letter to the President, subject to the Family Educational Rights and Privacy Act, advising the President of the findings of the investigation and action to be taken by the College, if necessary.

In all cases, the Complainant will be issued a letter by the District Student Complaint Coordinator notifying him or her of the determination and findings of the District Student Complaint Coordinator, and the of the action to be taken with regard to the Respondent if necessary. 

A7.24.10 Where the complaint is unsubstantiated, the Complainant and the Respondent will be informed in writing, within 10 working days of the completion of the determination and findings, by the District Complaint Coordinator, that the matter, for purposes of this discrimination and harassment procedure, is closed. The notice will be provided to the Complainant and Respondent subject to the Family Educational Rights and Privacy Act.

A7.25 Extension of Time Limits: During the pendency of the complaint review process, any party may request an extension of time limits stated herein to deal with emergent exigencies.  Such request must be approved by the College President and all parties must be advised of any approved request.

A7.26 Filing Externally:  If the Complainant is dissatisfied with the findings and determination and, or remedial action taken, the Complainant may elect to file a complaint with an appropriate state or federal agency.  The District Student Complaint Coordinator will provide general information on state and federal guidelines and laws, as well as names and addresses of such agencies

A7.27 Appeals: In those cases where a complaint of discrimination or harassment is substantiated, the Respondent may appeal the findings of harassment or discrimination and the determined disciplinary action.

A7.27.1 Within five (5) calendar days of receiving such notice of findings and disciplinary action, the Respondent may appeal the supervisor’s and, or District Student Complaint Coordinator’s decision to the President of Del Mar College by notifying the Office of the President and requesting a hearing in writing. Where the disciplinary action was determined by the President, the Respondent may appeal the President’s decision to Board of Regents in writing.  

A7.27.2 The President will give prompt notice to the District Student Complaint Coordinator that the Respondent has taken an appeal to the President. The District Student Complaint Coordinator shall promptly forward to the President the complete record of the matter, including the investigative file, findings, and recommendations. Such record on appeal may be considered by the President in reaching a decision.

A7.27.3 Where the decision is appealed to the Board of Regents, the Board of Regents will give prompt notice to the District Student Complaint Coordinator that the Respondent has taken an appeal to the Board of Regents. 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. Such record on appeal may be considered by the Board of Regents in reaching a decision.

A7.27.4 The President or his designee shall review the case and conduct such hearing utilizing the procedural framework described in B5.12.2.6.  Where the appeal is made to the Board of Regents, the Board of Regents or its designee shall review the case and conduct such hearing utilizing the procedural framework described in B5.12.2.6

A7.27.4.1 The procedural framework described in B5.12.2.6 shall be reasonably adapted by the President or the Board of Regents, or their respective designees, for purposes of conducting a hearing, except that such adaptation must include at least the following modifications of the procedure:
 
A7.27.4.2 Procedure B5.12.2.6.2 shall be adapted to require that both the Complainant and the Respondent shall be given notice of the hearing date, and the College and the Respondent shall exchange names of any witnesses who may be relied upon and a general statement of the nature of the testimony of each. The hearing shall be scheduled 10 working days from the date on which the Respondent files an appeal.

A7.27.4.2.1 Procedure B5.12.2.6.3 shall be adapted to require that the hearing shall be conducted privately unless both Complainant and Respondent agree that the hearing be open.

A7.27.4.2.2 Procedure B5.12.2.6.4.4 shall be adapted to provide that both the College and the Respondent may offer rebuttal testimony to the other's witnesses.

A7.27.4.2.3 Procedure B5.12.2.6.4.4 shall be adapted to provide that both the College and the Respondent will exchange documents to be utilized during the hearing five working days before the hearing.

A7.27.4.3 The President or Board of Regents shall issue a decision no later than 15 working days after the termination of the hearing. The decision of the President or Board of Regents is final.

A7.27.4.4 The effective date of disciplinary action shall be the date of abandonment of the Del Mar College appeals process or the decision of the President or Board of Regents, whichever comes first.

A7.28 Timely Notice of Appeal:  If at any time during the appeal process the Respondent fails to timely perfect notice of appeal the decision of the supervisor,  the District Student Complaint Coordinator, or the Board of Regents shall be final.

A7.29 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 discrimination and  harassment complaints.

A7.30 Academic Freedom/Free Speech: Nothing contained in this policy shall be construed either to limit the legitimate exercise of the right of free speech or to infringe unlawfully upon the academic freedom of any student or employee of Del Mar College.

B7.31 Student Research/Publication: Subject to the conditions specified in the College’s Intellectual Property Policy at A6.27.4, students enrolled at Del Mar College are free to do research, to invent, to publish, and to copyright as they see fit and to benefit from all royalties and monies which accrue from their creations.

B7.32 Family Educational Rights and Privacy Act (FERPA) Adopted on February 19, 2013

B7.32.1 Purpose: The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records.  (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) 

B7.32.2 Rights: FERPA rights include:

1. The right to inspect and review the student's education records within 45 days after the day the College receives a request for access.  A student should submit to the Registrar, Dean of Student Outreach and Enrollment, Provost/Vice President of Instructor and Student Services, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect.  The school official will make arrangements for access and notify the student of the time and place where the records may be inspected.  If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

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

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

3. The right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. 

Disclosures without consent: FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure.  Eligible students have a right to inspect and review the record of disclosures.  A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –

a) To other school officials, including teachers, within the College whom the school has determined to have legitimate educational interests.  This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))

b) To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34.  (§99.31(a)(2)) 

c) To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs.  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35)

d) In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.  (§99.31(a)(4))

e) To organizations conducting studies for, or on behalf of, the school, in order to:  (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.  (§99.31(a)(6))

f) To accrediting organizations to carry out their accrediting functions.  ((§99.31(a)(7))

g) To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))

h) To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))

i) To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10))

j) Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))

k) To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39.  The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.  (§99.31(a)(13))

l) To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))

m) To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

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

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