Title IX, Sexual Misconduct & Gender Discrimination
Title IX of the Education Amendments of 1972 requires that all entities in receipt of any federal funds or financial assistance must prohibit sex discrimination in their education programs and activities. Examples of the types of discrimination that are covered under Title IX include: sexual harassment (as defined by 34 CFR Part 106), the failure to provide equal opportunity in athletic and academic programs, and discrimination based on pregnancy. Retaliation for filing a complaint or advocating for a right protected by Title IX is also prohibited. The Title IX Sexual Harassment Policy specifically details what constitutes sexual harassment and the process that is followed when the College receives a formal complaint under Title IX.
In addition to the prohibited behaviors under Title IX, sexual misconduct, in any form, is in direct conflict with Delta College’s values and diminishes the safety and security of all members of the College community. Delta College’s Sexual Misconduct and Gender Discrimination Procedures were developed to take every reasonable measure to prevent, investigate, appropriately respond to, and mitigate the effects of incidents of sexual misconduct.
The aforementioned policies and procedures were created in accordance with State of Michigan and Federal regulations and reflect Delta College’s commitment to the safety of its community while providing prompt, fair, and impartial processes for those involved in allegations of prohibited behavior. The policies and procedures can be viewed online at www.delta.edu/equity/title-ix.
Title IX Rights of Pregnancy & Parenting Students
Delta College is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, and employment policies. Delta College hereby establishes a Policy and associated procedures for ensuring the protection and equal treatment of pregnant students, persons with pregnancy-related conditions, and new parents with birth-related illnesses and conditions.
Under the Department of Education’s (DOE) Title IX regulations, an institution that receives federal funding “shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.” According to DOE, appropriate treatment of a pregnant student includes granting the student leave “for so long a period of time as is deemed medically necessary by the student’s physician,” and then effectively reinstating the student to the same status as was held when the leave began.
This generally means that pregnant students will be given an opportunity to make up missed work wherever possible. Extended deadlines, make-up assignments (papers, quizzes, tests, and presentations), tutoring, independent study, online course completion options, and incomplete grades that can be completed at a later date, should all be employed, in addition to any other ergonomic and assistive supports typically provided by Disability Services. In collaboration with the Director of the Office of Disability Resources, the Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate, and to inform faculty members of the need to adjust academic parameters accordingly. Additionally, accommodations may also be available under the Americans with Disabilities Act through the Office of Disability Resources.
As with accommodations administered through the Office of Disability Services, information about pregnant students’ requests for accommodations will be shared with faculty and staff only to the extent necessary in order to provide the reasonable accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations, including all medical documentation received from the student’s physician/medical provider.
Requesting Support
To request accommodations under this policy, please contact the Title IX Coordinator at 989-686-9547 or equityoffice@delta.edu.
Scope of Policy
This Policy applies to all aspects of Delta College’s program, including, but not limited to, admissions, educational programs, and activities.
Nothing in this policy requires modification to the essential elements of any academic program. This policy supersedes any academic program policy on pregnant and parenting students, as defined in this policy. Pregnant students cannot be channeled into an alternative program against their wishes.
Definitions
- Caretaking: caring for and providing for the needs of a child.
- Medical Necessity: a determination made by a health care provider (of the student’s choosing) that a certain course of action is in the patient’s best health interests.
- Parenting: the raising of a child, that has medical condition, by its parents in the reasonably immediate post-partum period (up to six months after delivery).
- Pregnancy and pregnancy-related conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, miscarriage, termination of pregnancy, conditions arising in connection with pregnancy, birth, and recovery from any of these conditions.
- Pregnancy discrimination: includes treating an individual affected by pregnancy or a pregnancy-related condition less favorably than similar individuals not so affected, and includes a failure to provide legally mandated leave or accommodations.
- Pregnant student/Birth-parent: refers to the student who is or was pregnant. This Policy and its pregnancy-related protections apply to all pregnant persons regardless of gender identity or expression.
- Reasonable accommodations: (for the purposes of this Policy) changes in the academic environment or typical operations that enable a pregnant student or student with a pregnancy-related condition to continue to pursue their studies and enjoy the equal benefits of Delta College.
Reporting
To report violations of this policy, please refer to the Equity Grievance Policy and the corresponding procedures.
More information on pregnant and parenting students, including the applicable procedures, can be found in the Student Handbook.
Complaints
Anybody who sees sexual harassment or other prohibited conduct should report it; the reporting individual need not be the victim. Conduct should be reported to the Title IX Coordinator in the Equity Office or to a college mandated reporter (responsible employee), such as a faculty member, administrator, Delta College campus police, or a professional staff member in the office of student educational services who will then report the incident to the Title IX Coordinator. Once a report is made, the Title IX Coordinaor will reach out to the victim to offer supportive measures and provide assistance in determining next steps under the appropriate policy. Reports can also be made to the Delta College Public Safety Department at 989-686-9113 or report@delta.edu, the U.S. Department of Education’s Office of Civil Rights, at 800-421-3481 or ocr@ed.gov, or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ) at 877-292-3804 or education@usdoj.gov.
Title IX Coordinator Role
The College’s Title IX Coordinator oversees implementation of the College’s policies on equal opportunity, harassment and nondiscrimination. The Title IX Coordinator has primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remediate, and prevent discrimination, harassment, and retaliation prohibited under College policies. In addition, the Title IX Coordinator oversees the College’s response to reports and complaints, monitor outcomes, identifies and addresses any patterns, and assesses effects of sexual misconduct at the College, so it can address issues that affect the College climate.
A person should contact the Title IX Coordinator in order to:
- file a complaint or make a report of sex discrimination, and/or sexual misconduct,
- seek information or training about personal rights and courses of action available to resolve reports or complaints that involve potential sexual misconduct,
- notify the College of an incident, policy or procedure that may raise potential Title IX concerns,
- provide ongoing support during the disciplinary or criminal process,
- get information about available resources (including confidential resources) and support services relating to sexual misconduct, and
- ask questions about the College’s policies and procedures related sexual misconduct.
The College’s Title IX Coordinator can be reached by telephone at 989-686-9547 or by email at equityoffice@delta.edu and is located in office A-093. Inquiries or complaints that involve potential violations of Title IX should be referred to this office. Inquiries or complaints may also be referred to the Delta College Public Safety Department at 989-686-9113 or report@delta.edu, the U.S. Department of Education’s Office for Civil Rights, at 800-421-3481 or ocr@ed.gov, or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice (DOJ) at 877-292-3804 or education@usdoj.gov .
Equal Opportunity Statement
Delta College is an equal opportunity institution. No qualified employee or qualified applicant for employment shall be unlawfully denied any employment opportunity because of race, color, religion, national origin, sex, age, height, weight, marital or familial status, veteran status, disability, genetic information, pregnancy, sexual orientation, gender identity, or status in any group protected by local, state, or federal law. Nor shall any student be denied any opportunity or otherwise discriminated against given their protected status under law. It is the policy of Delta College to comply with all federal, state, and local laws affecting equal opportunity in employment and education, including laws which define and prohibit discrimination.
Delta College expressly prohibits any form of unlawful harassment, based on race, color, religion, national origin, sex, including sexual harassment, age, height, weight, marital or familial status, veteran status, disability, genetic information, pregnancy, sexual orientation, gender identity, or status in any group protected by local, state, or federal law. Our goal is to provide an institution free from tensions involving matters which do not relate to the mission of Delta College.
Delta College prohibits retaliation against an employee or student for asserting a good faith claim of unlawful discrimination or harassment or for participating in an investigation. Any individual found to have unlawfully harassed or discriminated against another employee, or non-employee with a business relationship with Delta College, or to have retaliated against an employee or others for making a good faith complaint of discrimination or harassment, or for participating in an investigation, will be subject to discipline, up to and including discharge. Any individual found to have intentionally made a bad faith complaint of harassment or discrimination will be subject to discipline, up to and including discharge.
Delta College shall maintain and enforce policies governing equal opportunity within our institution, including policies which provide employees and students a method to report discrimination, harassment, or retaliation and a process to investigate and resolve such claims.
Board Action 5378 – April 6, 2021
Equity Grievance Policy
Any employee or student wishing to report discrimination, harassment or retaliation as it relates to equal opportunity can file a complaint under the Equity Grievance Policy by following the applicable procedures. Any questions regarding this policy can be directed to the Equity Officer, Delta College, 1961 Delta Road, Office A093, University Center, MI 48710, telephone 989-686-9547, or email equityoffice@delta.edu.
Non-Discrimination Statement
Delta College embraces equal opportunity as a core value: we actively promote, advocate, respect and value differences, and we foster a welcoming environment of openness and appreciation for all. Delta prohibits discrimination in accordance with, and as defined by, applicable federal, state, and local law, particularly non-discrimination in employment, education, public accommodation, or public service on the basis of age, arrest record, color, disability, ethnicity, familial status, gender identity, genetic information, height, marital status, national origin, race, religion, sex, sexual orientation, veteran status, and weight. Direct inquiries to the Equity Officer: 989-686-9547 or at equityoffice@delta.edu.
Students’ Education Records: Accessibility & Confidentiality
The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended, was written to protect the privacy of educational records, to establish the right of students to inspect and review their educational records and provide guidelines for the correction of inaccurate or misleading data through informal or formal hearings. Persons requesting information and/or disclosure may be required to provide personal identification acceptable to the College official. Your transcript is Delta College’s official record of your work. Your academic record is updated at the close of each semester, and includes all academic courses attempted and completed (course titles, credit hours, final grades, and honor points, semesters enrolled, transfer credit accepted, courses waived, courses substituted, credit awarded by examination or advanced placement, certificates/degrees awarded and academic honors). Other items may also include academic probation, suspension, expulsion or dismissal status where appropriate based on academic, conduct or Title IX violations. Grades of most Non-Credit course work are also maintained by the Registrar’s Office. Transcript copies will not be furnished if you have delinquent accounts with the College or as specified by the student handbook or other institutional policies.
Safety and Security
Law Enforcement on the Campus
The Delta College Department of Public Safety & Training is primarily responsible for providing safety, security and police services on properties owned and controlled by Delta College (including all adjacent public roadways). This includes Delta College’s Main Campus and all off campus Learning Centers. The police service provided by the Delta College Department of Public Safety & Training include, but are not limited to; receiving and investigating criminal complaints, enforcing traffic and parking regulations, patrolling Campus grounds and buildings, and taking enforcement action, including arrest, when appropriate.
The Department is located on Main Campus in room N102, across from the East Main Entrance. The Department of Public Safety & Training is open extended hours, outside of the normal hours of business for the College. The Department is open during limited hours on most holidays. Law enforcement service is available from either the Bay County Sheriff Department or Michigan State Police during hours that officers from the Delta College Department of Public Safety & Training are not available. Officers from other law enforcement agencies will be dispatched through Bay County Central Dispatch. A Police Officers may be regularly or intermittently assigned to provide police service at all off campus Learning Centers. Police service is provided by local law enforcement agencies, depending upon the location of the off-campus center. Requests for local police service should be made through 911 from all off-campus centers.
The police officers of the Delta College Department of Public Safety & Training are vested with full peace or law enforcement authority and arrest powers, granted by state statute to the Board of Trustees of Delta College. These police officers are trained in the same manner as all other law enforcement officers in the State of Michigan and are certified as such through the Michigan Commission on Law Enforcement Standards. The officers also receive training in basic and advanced first aid and personal safety. The Department of Public Safety & Training maintains a close working relationship with federal, State, county, and other local law enforcement agencies and appropriate elements of the criminal justice system.
Reporting Criminal Activities/Emergencies
To report a crime or an emergency, you should call the Delta College Department of Public Safety & Training at 686-9111 or for intraCollege calls, dial Ext. 9111. A crime or emergency which occurs off-Campus should be reported to the police department having legal jurisdiction for that area. If you need assistance from a department having local jurisdiction, call 911. The Department of Public Safety & Training maintains both internal and external two-way radio contact with support agencies. This provides access to assistance and support from the Bay County Sheriff Department, The Michigan State Police, Saginaw Valley State University Police, Frankenlust Township Fire Department, Local Ambulance Services, Delta College Facilities Management, among various other Federal, State, and Local resources.
Annual Security Report
Delta College believes that an informed public is a safety-conscious public. For more information about safety and security at Delta College, including crime statistics go to https://www.delta.edu/safety/.
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