General College Policies

Drug Free Campus Policy

Drug Free Schools and Communities Act

The Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226) requires the College to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. This program must include the following:

1. Standards of conduct concerning the unlawful possession, use, or distribution of drugs, and the illegal use of alcohol by students and employees on College property or at any College activity;
2. Description of legal sanctions;
3. Clear statement of the College’s sanctions for violations;
4. Description of any available drug and alcohol counseling, treatment, or rehabilitation services; and
5. Description of the health risks associated with use of illicit drugs and abuse of alcohol.

The information below is in compliance with the requirements of the Act.

In an effort to assure compliance with Public Law 101-226, all facilities of Delgado Community College are designated as Drug Free Zones. The College abides by all state, federal, and local laws pertaining to alcohol and will enforce underage drinking laws. It is unlawful to possess, use, or distribute illicit drugs on Delgado property or at any college-sponsored event, whether or not the event occurs on campus. In addition, Delgado prohibits the consumption, possession, or distribution of alcohol on campus, except as designated in the College’s Alcoholic Beverages at Student Functions policy.
Alcohol and drug use is a major issue in the community and on college campuses. Alcohol and drugs can seriously damage physical and mental health, as well as jeopardize personal and public safety. In addition, excessive alcohol consumption may lead to physical abuse, date rape, auto accidents, violence, and other behaviors that lead to self-destruction.

The College provides referral services and other assistance to students, faculty, and staff who seek help with substance abuse problems. Phone (504) 671-6009 or come by the Student Health Services Office, Building 2, on the City Park Campus for more information about alcohol and/or drugs and their effects.

College Sanctions

Violations of the college drug policy by students, faculty, or staff will result in disciplinary action, as outlined in Delgado’s Drug-Free College policy. Depending on the nature of the offense, this can take the form of a written reprimand, suspension, demotion, reduction in pay, or termination of the person’s association with Delgado. Penalties for faculty and staff members may include termination of employment. Disciplinary actions against students will be imposed in accordance with the College’s Student Judicial Code, and may include suspension or expulsion. As with all illegal activities, substance abuse can result in criminal prosecution as well, under state and federal laws, including section 22 of the Drug-Free Schools and Campuses Act Amendment of 1989 (Public Law of 101- 226).

Legal Sanctions

It is unlawful in Louisiana to produce, manufacture, distribute, dispense, or possess illegal drugs. The most common illegal drugs on college campuses are marijuana, opium derivatives, hallucinogens, depressants, cocaine, cocaine derivatives, and amphetamines. The Criminal Code of Louisiana carries specific penalties for the possession and use of illegal drugs. Louisiana Revised Statute 40:891.3, Violation of Uniform Controlled Dangerous Substances Law; Drug Free Zone, states that any person who violates a provision of the Uniform Controlled Dangerous Substances Law (Louisiana Revised Statute 40:966-970) while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law.

It is also unlawful in Louisiana for anyone under 21 years of age to purchase or possess any alcoholic beverages for any reason, in any place open to the public. Exceptions occur when the alcohol is possessed or consumed for the following reasons: for established religious purposes; for medical purposes when prescribed by a licensed authority; when an 18-20 year old is accompanied by a parent, spouse, or legal guardian at least 21 years of age; in private residences or private clubs or establishments when lawfully employed by a licensed enterprise for the lawful sale, handling, transport or dispensing of alcoholic beverages. In accordance with Louisiana Revised Statute 14:98, Operating a Vehicle While Intoxicated, driving under the influence of alcohol is illegal in Louisiana, and anyone with a blood alcohol concentration of .08 or above will be charged with driving while intoxicated (DWI) or driving under the influence (DUI).

CAMPUS SEXUAL VIOLENCE PREVENTION PROGRAM

Overview

Delgado Community College is committed to creating an environment free of sexual violence. The College strives to achieve this goal through prevention and promotion awareness, survivor support, due process procedures, and referrals to law enforcement. In accordance with the Campus Sexual Violence Elimination Act (Campus SaVE Act) and 2013 Violence Against Women Reauthorization Act, the College is actively working to increase transparency about the scope of sexual violence on campus, guarantee survivors enhanced rights, and provide College-wide prevention educational programming.

The College implements relevant policies in such a manner to ensure that all students and employees have equal access to the information and services related to sexual violence, regardless of race, color, religious or political affiliation, gender, sexual orientation, citizenship, national origin, age, disability/ handicap, marital status or veteran’s status, gender, race, sexual orientation, nation of origin, religion, age, disability, pregnancy, childbirth and related medical conditions, and the sickle cell trait. Applicable services are available to any student or employee, whether the alleged assault occurred on or near campus, or elsewhere.

Definitions

Sexual violence is defined by the U.S. Department of Education Office of Civil Rights as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, intimate partner abuse/domestic violence, dating violence, sexual battery, sexual abuse, sexual coercion, and stalking.  Sexual violence can be carried out by College employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

In this policy, the person reporting the incident is referred to as a “survivor” to acknowledge those who have experienced sexual violence as individuals who have survived these experiences. While in other contexts, the term “victim” or “patient” may be used; however, “survivor” is used as term of respect to acknowledge that people who experience sexual violence have survived an event or events that can be life-changing.

Rights

It is the survivor’s right to decide how to cope with and report the experience.  All individuals who report an incident of sexual violence have specific rights whether or not they pursue any formal complaint or not.  Delgado affords anyone who reports alleged sexual violence, either on or off-campus, with the following information and rights:

• Procedures that should be followed in the event of an incident of sexual violence including to whom the offense should be reported.
• Options for reporting to law enforcement including the right to be assisted by campus authorities, as well as the right to decline to report to law enforcement.
• The right to a prompt, fair and impartial investigation and resolution.
• Changes to the academic, transportation and working situations if requested and reasonably available whether or not a formal report is made.
• Possible sanctions or protective measures that may result from an institutional disciplinary proceeding.
• Notification that that the College is obligated to follow up on all allegations and that confidentiality will be ensured to maintain the survivor’s safety, provided that doing so does not interfere with the College’s ability to investigate and take appropriate corrective action.
• Reasonable safeguards to prohibit retaliation.
• Notification about existing counseling, health, mental health, survivor advocacy, legal assistance and other services available on and off-campus.

Reporting to Police

Delgado Campus Police is the primary investigative agency for crimes that occur on Delgado property owned or leasedexcept for the following: Murder; Child Abuse; Juvenile Offenses; Sex Offenses; Aggravated Kidnappings; Aggravated Arson; Parental Kidnappings; and Vehicles Fatalities. These offenses are investigated by the New Orleans Police Department (NOPD).  An individual who has experienced an incident of sexual violence may report this to the police by calling 9-1-1, the local police department or Delgado Police at 504-671-6111.

Reporting a crime is the process of officially documenting what has occurred with the police. Following the report, an investigation may occur.  During the investigation police may use discretion in informing survivors regarding the investigation’s progress; however, survivors may contact the department for updates. Following an investigation, a charge may be filed and/or the matter forwarded to be prosecuted. An arrest of a suspect may or may not occur at any point in the process. The New Orleans Police Department has specialized training in the investigation of sex offenses and shall conduct all investigations of sexual offense incidents reported to Delgado Campus Police.

Reporting to the Office of Student Life

If the alleged perpetrator of sexual violence is a student, survivors may report to the Office of Student Life, which administers the Student Judicial Code of Conduct.  Delgado has a student judicial process for incidents of misconduct involving Delgado students. Complaints of sexual violence and harassment may also be submitted to any one of the College’s Confidential Advisors, who are professional staff and faculty on each campus and site trained in appropriately handling complaints of sexual violence and harassment and referring to the appropriate College office.

If there is enough evidence to go forward, a student judicial hearing may result. If a student is found in violation of the Student Judicial Code, possible sanctions range from an official reprimand to expulsion. However, when students are found in violation of sexual misconduct, more common sanctions involve possible suspension, probation and “no contact” directives.  Depending on the facts of the case, sanctions are designed to address the behaviors and are both educational and punitive in nature.

Reporting to the Office of Human Resources/Equal Access Equal Opportunity Officer/ College Confidential Advisors

Incidents of sexual violence allegedly committed by an employee of the College may be reported to the Office of Human Resources or the Equal Access Equal Opportunity Officer. Incidents may also be reported to any one of the College’sConfidential Advisors, who are professional staff and faculty on each campus and site trained in appropriately handling complaints of sexual violence and harassment and referring to the appropriate College office.

The Office of Human Resources and the Equal Access Equal Opportunity Officer may be consulted about situations, take reports/complaints, initiate investigations/proceedings, and make recommendations/ determinations.  Depending on the outcome of the investigation/proceedings, if corrective action needs to be imposed, the Office of Human Resources or Equal Access Equal Opportunity Officer will advise College leadership on appropriate action.

These offices take steps to protect the confidential nature of reports and to resolve the matter as discreetly as possible, while remaining attentive to any concerns regarding retaliation during the process.

Annual Crime Reporting

Delgado’s Campus Police is responsible for meeting Clery Act reporting requirements, including reporting and publishing annually the number of sexual assaults reported on each campus/site and the number of sexual assault investigations conducted on each campus/site.

Response Training and Education

Delgado Campus Police ensures annual training and education on sexual violence primary prevention and awareness is provided for the college community.  Such training/education includes but is not limited to information on the definition of domestic violence, bystander intervention guidelines, risk reduction, survivor rights and reporting procedures.  In addition, the Equal Access/Equal Opportunity Officer ensures the College’s Confidential Advisors are trained annually to assist survivors of sexual violence and harassment.  

FERPA

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the college receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify record(s) they wish to inspect. The college 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 college 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 are inaccurate or misleading. Students may ask the college to amend a record they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
   
   If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of his or her 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 consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
   
   An exception permitting disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Supervisors; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting a school official in performing his or her tasks.
   
   A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
   
   Upon request, the college discloses education records without consent to officials of another school in which a student seeks or intends to enroll. [NOTE: FERPA requires an institution to make a reasonable attempt to notify the student of the records request unless the institution states in its annual notification that it intends to forward records on request.]
    
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Delgado Community 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
   600 Independence Ave., SW
   Washington, DC 20202-4605

Withholding Directory Information

Delgado Community College does not normally disclose directory information. However, at its discretion, it may provide directory information in accordance with the provision of the Family Educational rights and Privacy Act of 1974, as amended, to include: the student’s name, local and home address, telephone number, e-mail address, date and place of birth, photographs, dates of enrollment and full or part time status, schedule of classes, division in which enrolled, major field of study and classification, degrees earned awards and honors received and respective dates, participation in officially recognized activities and sports, weight and height of members of athletic teams and recent previous educational agency or institution attended by the student.

Students may request non-disclosure of this directory information and the request forms can be completed at the Office of the Registrar’s help desk located on the second floor of Bldg. 2, Rm. 202. A new form for non-disclosure must be completed each semester and summer session. This form becomes invalid at the end of each semester/ session. Please allow two (2) working days for processing.

If you have any questions or comments, please contact us via telephone or mail. Our address is:

Delgado Community College,
Office of the Registrar
615 City Park Avenue
New Orleans, LA 70119
(504) 671-5022

Student Judicial Code

 Student Rights

In order to preserve and to guarantee students of Delgado Community College those conditions indispensable to the full achievement of the objectives of higher education in a free democratic society, the College holds the following rights essential to the complete development of students as individuals and to the fulfillment of their responsibilities as members of this society:

A. The right of every person to be considered for admission to Delgado Community College and to participate equally in all College offerings, programs and activities without regard to race, color, religious or political affiliation, gender, sexual orientation, citizenship, national origin, age, disability/handicap or marital status or veteran’s status, pregnancy, childbirth and related medical conditions, and the sickle cell trait;

B. The right to form and participate in campus, local, national, or international organizations for intellectual, religious, social, political, economic or cultural purposes when such organizations do not infringe upon the rights of others;

C. The right individually or in association with others, to engage freely in off-campus activities, provided they do not claim to represent the College;

D. The right to issue official student publications following the procedures set forth by the College’s Student Publications Committee;

E. The right to form and maintain democratic student governance;

F. The right to use campus facilities, provided the facilities are used for the purpose contracted subject to the approval of the appropriate college official;

G. The right of students to invite and hear speakers of their choice subject to the approval of the appropriate college official;

H. The right to address concerns in course scheduling, curriculum, or faculty through proper channels;

I. The right to due process in all disciplinary matters and the right to appeal to the proper authority or committee; and

J. Enumeration of certain rights herein shall not be construed as to nullify or limit other rights possessed by students.

 Student Responsibilities

It is the responsibility of every student to conduct his or her self in a manner fitting an academic environment.  The College has established Classroom Disruption Procedures to address student conduct issues in the classroom.  The College also has established Student Threat Assessment Procedures to address distressed students.  In most cases, the exercise of good sense and judgment prevail.

The following acts as set forth by legislative act and LCTCS policy are contrary to acceptable conduct.  Any student who commits or attempts to commit any acts, such as, but not limited to the following, will be subject to disciplinary proceedings:

A. Intentional obstruction or disruption of teaching, research, administration, disciplinary procedure, or other authorized college event; 

B. Unauthorized entry into or unauthorized occupation of any college facility;

C. Verbal, emotional, or physical abuse or threat thereof against any person on campus or at any college-authorized event, or other conduct which threatens or endangers the health and safety of any such person;

D. Theft or damage to personal property or to the property of the College or injury to a person on the campus;

E. Intentional interference with the right of access to college facilities or with any lawful right of any person on the campus;

F. Setting a fire on campus without proper authority;

G. Unauthorized use or possession of fire arms, ammunition, or other dangerous weapons, substances, or materials on the campus;

H. Academic dishonesty, such as cheating or plagiarism;

I. Knowingly furnishing false information to the College;

J. Forgery, alteration, or misuse of college documents, records or identification;

K. Use, possession or distribution of narcotic or dangerous drugs such as marijuana, hallucinogens, and other drugs which are not prescribed or expressly permitted by law;

L. Failure to comply with the directives of campus officials and law enforcement officers acting in performance of their duties, or to identify oneself to these officers when requested to do so;

M. Conduct which adversely affects the student’s suitability as a member of the academic community (such as drunkenness, use of profanity, or disorderly conduct);

N. Aiding or inciting others to commit any act set forth above;

O. Smoking on College property in violation of Delgado’s Smoking Policy in accordance with Louisiana Revised Statutes 40:1300.251-263;

P. Gambling in any form on college property; and

Q. Use or possession of any alcoholic beverage on campus except at functions as approved by the Chancellor.

R. Misuse or Abuse of Computer Equipment, Programs, or Data - Unauthorized use of computing resources or use of computing resources for unauthorized purposes is prohibited by the College’s Information Technology Security policy.  This may include but is not limited to such activities as accessing or copying programs, records, or data belonging to the College or another user without permission; attempting to breach the security of another user’s account or deprive another user of access to the College’s computing resources; knowingly or carelessly performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks; using the College’s computing resources for personal or financial gain; allowing non-college personnel access to college computing resources; displaying obscene, lewd, or sexually harassing images or text in use of college computing services; transporting copies of College programs, records, or data to another person or computer site without written authorization; attempting to destroy or modify programs, records or data belonging to the College or another user. 

Due Process/Judicial Procedures

As directed by the Board of Supervisors for the Louisiana Community and Technical College System, Delgado must establish a student disciplinary procedure.

For a complete description of the policy and procedures, see the College’s Student Judicial Code policy, which is available at www.dcc.edu (click on “Current Students” then “Student Policies”) or in the Office of Student Life of each campus or site.

Hazing

Following the purpose and philosophy of Delgado Community College, the Louisiana Community and Technical College System Board of Supervisors, and the laws of the State of Louisiana, it is believed that true fraternalism can be nurtured only in an atmosphere of social and moral responsibility. Furthermore, hazing is believed to be inconsistent with the responsibility of Greek and/or other student organizations to conduct safe, constructive student education. The fact that the individual may be willing to submit voluntarily to hazing in no way diminishes the College’s responsibility to refrain from these activities.

To eliminate the harmful practice of hazing, Delgado Community College has adopted the following policy to be followed by all students, student organizations (including but not limited to Greek organizations, clubs, and athletic teams), groups and individuals on its campuses. No student organization is to employ a program of student initiation/pledge education that includes “hazing.” Hazing is defined as

1. any action taken or situation created, whether on or off College property, which is life threatening to an individual;

2. kidnapping, paddling, slapping, branding, burning with a cigarette, or any such activities which are life threatening to or are intended to hurt or to humiliate physically or mentally an individual.

Hazing may include but is not limited to the following activities when these activities are life threatening or intended to hurt or to humiliate physically or mentally:

1. physical exercise; scavenger hunts; road trips; any activity resulting in excessive fatigue, physical or psychological shocks

2. wearing apparel which is uncomfortable to the individual, or if worn publicly, is conspicuous or not normally in good taste

3. engaging in public stunts or buffoonery; hair cutting; morally degrading or humiliating games or activities; giving of food or drink (alcoholic or non-alcoholic) which is distasteful or designed to provoke nausea or inebriation

4. any form of verbal harassment; any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values

5. any activities which interfere with the student’s scholastic responsibilities

6. the use of obscenities and vulgarities in dress, language, or action.

It is the duty of all student organization members and pledges to report immediately, in writing, any violation of this policy to the appropriate Student Affairs professional on the campus where the incident occurred. Any violation of this policy will be investigated by a person(s) appointed by the Chancellor, and appropriate disciplinary action will be taken following the procedures outlined in the College’s Student Judicial Code.

Non-Discrimination

Delgado Community College assures equal opportunity for all qualified persons without regard to race, color, religious or political affiliation, gender, sexual orientation, citizenship, national origin, age, disability/handicap or marital status or veteran’s status, pregnancy, childbirth and related medical conditions, and the sickle cell trait in the admission to, participation in or employment in programs and activities of the College.

Delgado Community College has a designated 504/ADA Coordinator and provides academic adjustments and auxiliary aids to qualified students. Delgado Community College does not discriminate on the basis of race, color, gender, religion, national origin, age, or disability. Anyone with concerns or complaints about services offered should contact Traci Smothers, Equal Access Equal Opportunity Officer, at (504) 762-3004.

Environmental Safety – Clery Act Compliance

Crime Statistics

The Delgado Community College Campus Police Department is dedicated to providing professional law enforcement services to our community. The Department maintains daily statistics of reported crimes, which are available to the college community for review during business hours at the Communications Office located in Building 1 Annex on the City Park Campus, and are also available on the College web site at www.dcc.edu. The table is a summary of criminal offenses reported to Campus Police for the past four years.