CAMPUS SAFETY and WELLNESS

FERPA – Student Academic Records

Family Education Rights and Privacy Act (FERPA)

FERPA is federal legislation in the United States designed to protect your personally identifiable information (PII). The act applies to all educational institutions that receive federal funds. For more information, consult http://templejc.edu/admissions/right-to-know/ferpa/

Student Right-to-Know and Campus Security Act of 1990 (20 U.S.C. § 1092)

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private post-secondary educational institutions participating in federal student aid programs are required to comply with this law. The law, originally enacted by Congress in 1990 as the Campus Security Act, was initiated by Howard and Connie Clery after their daughter Jeanne was tragically murdered at Lehigh University in 1986. Amendments to the Act in 1998 renamed it in memory of Jeanne Clery.

The Clery Act requires colleges and universities to publish an annual report every year by October 1 that contains three years of crime statistics and certain policy statements including sexual assault policies, which assure basic victims’ right, the law enforcement authority of campus police, and where the students should go to report crimes.  Temple College’s Annual Security Reports can be found at https://www.templejc.edu/resources/campus-police/security-and-crime-statistics/ . The complete text of the Clery Act can be found at http://clerycenter.org/ and the U.S. Department of Education regulations are available at http://www2.ed.gov/admins/lead/safety/campus.html .

Campus Police Location and Contact Information

The Campus Police offices are located behind the University Apartment Complex. To contact the Campus Police by phone, dial (254) 298-8911. Officers are on duty or on-call 24/7.

Surveillance Camera Use

Temple College is committed to maintaining your safety and security utilizing technology. A critical component of our safety and security plan is the utilization of video surveillance cameras. The surveillance of public areas is intended to deter crime and assist in protecting the safety and property at Temple College. To ensure the safety and security of employees, learners, and visitors to our campus and centers, Temple College has determined that the use of video surveillance cameras is necessary. These video surveillance cameras are not a guarantee of safety, but such use is designed to help improve safety and security by deterring acts of theft, violence, and other criminal activity, and increasing the likelihood that perpetrators of these acts will be identified.

Leopard Alert Emergency Notification System

Leopard Alert is an emergency notification service that gives Temple College the ability to communicate health and safety emergency information quickly by e-mail and/or text message. By enrolling in Leopard Alert, Temple College can quickly pass on safety-related information, regardless of your location.  Please sign up for Leopard Alert here: http://templejc.edu/resources/leopard-alert/ .

Emergency Plan

Temple College cares about your safety. It is the policy of Temple College that all crime and other emergencies be immediately reported to the Campus Police. In the case of crime, fire, or medical emergency, contact the police, fire department, or medical assistance directly by dialing “9-1-1.” A call to any administrator or the switchboard operator who contacts the Campus Police office will constitute notification to the administration. An administrator who knows of any incident of crime, accident, or emergency is to make sure the information gets to the Campus Police office.

During the times when classes are in session and on Fridays, the buildings are open with classrooms and commons areas unlocked. Certain offices, labs, etc. are unlocked only during the time they are occupied. When the buildings are closed, a Campus Police Officer will patrol the campus, check to assure doors are locked and keep unauthorized persons off the campus. Adequate security is provided at athletic events.

The campus police have the authority to confront, identify, retain, and control the actions of persons on the campus whom they feel might be in violation of the law or campus regulation. The Campus Police Office and the local police departments partner closely for the safety of our college communities.

Temple College uses various means to inform students and employees about campus security procedures and practices and encourages students and employees to be responsible for their own security and the security of others. Information is disseminated through the Personnel Handbook, the Student Handbook, as well as the Family and Student Orientation and Information Session. Additional information is available on the Temple College website.

Freedom from Discrimination (POLICY)

Title IX – Freedom from Sex Discrimination, Sexual Harassment, Sexual Assault, Dating Violence, Stalking, and Retaliation.

A victim of prohibited conduct (discrimination, harassment, dating violence, stalking, and retaliation as described by this policy, even if the behavior does not rise to the level of unlawful conduct) has the right to report the incident to the College District and to receive a prompt and equitable resolution of the report.

Any student who believes that he or she has experienced prohibited conduct or believes that another student has experienced prohibited conduct should immediately report the alleged acts to the Title IX coordinator or another employee or submit the report electronically through the College District’s website at https://www.templejc.edu/resources/campus-police/title-ix-sexual-violence/#incident_form. . The submission of an anonymous electronic report may impair the College District’s ability to investigate and address the prohibited conduct.

A victim of a crime has the right to choose whether to report the crime to law enforcement, to be assisted by the College District in reporting the crime to law enforcement, or to decline to report the crime to law enforcement.

It is important that a victim of prohibited conduct go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident.

Any College District employee who suspects or receives notice that a student or group of students has or may have experienced prohibited conduct, regardless of when or where the incident occurred, shall immediately notify the Title IX coordinator and shall take any other steps required by this policy. Additionally, the employee may report to the College President or designee.

A report against the College President must be made directly to the Board. If a report is made directly to the Board, the Board shall appoint an appropriate person to investigate.

Reports of discrimination based on sex, including sexual harassment and gender-based harassment, may be directed to the Title IX coordinator. The College District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Please refer to https://pol.tasb.org/Policy/Download/161?filename=FFDA(LOCAL).pdf  for the full policy with detailed information on confidentiality and the process. 

Title IX Pregnancy Services

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities. This policy pertains to student rights under Title IX Pregnancy Services and to the respective course of action the student may choose to elect.

Qualifying students expecting academic relief under Title IX Pregnancy Services must disclose medical need to Title IX Deputy Coordinator for Pregnancy Services.*

Students who are requesting services related to pregnancy must disclose their need to their respective instructor and submit a signed diagnostic statement to the Temple College Title IX Deputy Coordinator for Pregnancy Services prior to or immediately upon learning of medical need. The Temple College Title IX Deputy Coordinator for Pregnancy Services will send a form letter to the student’s instructor(s) outlining the specific guidelines as related to the current function impact stated in the signed diagnostic statement. The Title IX Pregnancy Services form letter is only applicable for the time deemed necessary by the student’s treating health care professional.  Please note that students who do not disclose until after a medical need determination has been made by the treating professional will not qualify for retroactive services.

The signed diagnostic statement on letterhead from the treating health care professional must include the following information:

• Diagnosis – date of onset, end date of services, original diagnosis, and description of present symptoms.
• A description of the current functional impact on the student within the academic setting.
• A description of the expected prognosis.
• Credentials of the diagnosing professional including certification, licensure, professional training.

Title IX Deputy Coordinator for Pregnancy Services, Misty Reid, Student Accommodations Coordinator, 254-298-8335, OCC RM 1474

All public and private schools, school districts, colleges, and universities receiving any Federal funds (“schools”) must comply with Title IX.^*

Here are some things you should know about your rights:

Classes and School Activities – your school MUST:

• Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.
  • Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students. You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular and enrichment opportunities as your school’s regular program.

• Allow you to participate in classes and extracurricular activities even though you are pregnant and not require you to submit a doctor’s note unless your school requires a doctor’s note from all students who have a physical or emotional condition requiring treatment by a doctor. Your school also must not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all students who have been hospitalized for other conditions.

• Provide you with reasonable adjustments, like a larger desk, elevator access, or allowing you to make frequent trips to the restroom, when necessary because of your pregnancy.

Excused Absences and Medical Leave – your school MUST:

• Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.

• Allow you to return to the same academic and extracurricular status as before your medical leave began, which should include giving you the opportunity to make up any work missed while you were out.

• Ensure that teachers understand the Title IX requirements related to excused absences/medical leave. Your teacher may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth. If your teacher’s grading is based in part on class participation or attendance and you missed class because of pregnancy or childbirth, you should be allowed to make up the participation or attendance credits you didn’t have the chance to earn.

• Provide pregnant students with the same special services it provides to students with temporary medical conditions. This includes homebound instruction/at-home tutoring/independent study.

Harassment – your school MUST:

• Protect you from harassment based on sex, including harassment because of pregnancy or related conditions. Comments that could constitute prohibited harassment include making sexual comments or jokes about your pregnancy, calling you sexually charged names, spreading rumors about your sexual activity, and making sexual propositions or gestures, if the comments are sufficiently serious that it interferes with your ability to benefit from or participate in your school’s program.

Policies and Procedures – your school MUST:

• Have and distribute a policy against sex discrimination. It is recommended that the policy make clear that prohibited sex discrimination covers discrimination against pregnant and parenting students.

• Adopt and publish grievance procedures for students to file complaints of sex discrimination, including discrimination related to pregnancy or parental status.

• Identify at least one employee in the school or school district to carry out its responsibilities under Title IX (sometimes called a “Title IX Coordinator”) and notify all students and employees of the name, title, and contact information of its Title IX Coordinator. These responsibilities include overseeing complaints of discrimination against pregnant and parenting students.

Helpful Tips for Pregnant and Parenting Students:

• Ask your school for help—meet with your school’s Title IX Coordinator or counselor regarding what your school can do to support you in continuing your education.

• Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.

• If you feel your school is discriminating against you because you are pregnant or parenting you may file a complaint:
  • Using your school’s internal Title IX grievance procedures.
  • With the U.S. Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with your school. If you file with OCR, make sure you do so within 180 days of when the discrimination took place.
  • In court, even if you have not filed a complaint with your school or with OCR.

• Contact OCR if you have any questions. We are here to help make sure all students, including pregnant and parenting students, have equal educational opportunities!

If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www.ed.gov/ocr/complaintintro.html

https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.pdf

Title II of the Americans with Disabilities Amendments Act 2008

Students who are pregnant are not considered disabled by Title II of the Americans with Disabilities Amendments Act 2008, and Temple College is not obligated to provide accommodations to students with non-chronic impairments that last less than six months (28 CFR 35.108(b) and 28 CFR 36.105(b)).

However, if the pregnant student is diagnosed with a pregnancy-related impairment that substantially limits a major life activity, the student may qualify for educational accommodations under Title II of the ADAA (2008).  Pregnant students with such an impairment must disclose their need and submit the diagnostic statement to the Temple College Coordinator of Student Accommodations immediately upon learning of medical need.  Students that do not disclose until after returning from medical leave will not qualify for retroactive services. 

Title II Coordinator for Educational Accommodations, Coordinator of Student Accommodations – 254-298-8335, OCC RM 1450 A

Appeal Process

If the student feels the decision to grant or not grant services is not satisfactory, the student may appeal the decision. The student must present in writing to the Provost/Vice President, Academic Affairs and Student Services their reason(s) for the appeal. The appeal must be made within 5 business days after the decision made by the Temple College Title IX Deputy Coordinator for Pregnancy Services.

A. Final Appeals Procedure

1. The Provost/Vice President of Academic Affairs and Student Services is the final institutional authority on appeals.
2. The Provost/Vice President of Academic Affairs and Student Services must issue a decision within ten working days after the receipt of the appeal by the grievant.
3. No new information may be introduced unless the parties can show cause as to why it was not introduced at the hearing.

B. Time Extensions

1. Any time limits set by this procedure may be extended by mutual consent of the grievant and the respondent and must be made in writing.
2. In the event any of the days falls on a College holiday, the extension will be the same number of days as the holiday. 

C. Other Courses of Action

The grievant may also file a complaint of Sexual Violence or Sexual Misconduct with the Office for Civil Rights, Department of Education [1200 Main Tower, Suite 2260, Dallas, TX 75202] at the same time, during, or after use of this appeal procedure. Such complaints must be filed in writing no later than 180 days after the occurrence of the possible incident.

Grievance Procedures

If the student feels they have been discriminated against, there is a separate process that must be initiated. The Grievance Procedures policy is located in the Student Handbook on the Temple College website. Specific guidelines for initiating the process are contained within that policy.

Sexual Harassment

Temple College strives to maintain an environment free of harassment for all community members. Title IX prohibits harassment and discrimination on the basis of sex or gender in education programs on all Temple College campuses, or at any and all activities sponsored by, or in which TC participates. Sexual violence is a form of sexual harassment and is prohibited. Temple College will not tolerate violence of any kind, to include: domestic violence, dating violence, sexual assault, sexual harassment, or stalking.

The College District prohibits discrimination, including harassment, against any student on the basis of sex or gender. Retaliation against anyone involved in the complaint process is a violation of College District policy and is prohibited.

Students are asked to complete the course “Preventing Sexual Harassment” which is internet-based and can be accessed through the Temple College web page. The student must click on the hyperlink HR and proceed to Preventing Sexual Harassment, Student Section. The course takes approximately one hour to complete, and a certificate can be printed upon completion and passing of the course.

It is the policy of the College that sexual harassment of students or employees at the College is unacceptable and will not be tolerated. Sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, and other verbal, physical, or suggestive conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment, position advancement, or academic advancement/achievement; or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; or
3. Such conduct has the effect of substantially interfering with an individual’s work or academic performance or creating an intimidating, hostile, or demeaning employment or educational environment.

Examples of sexual harassment include, but are not limited to:

1. Suggestive or obscene letters, notes, invitations;
2. Sexually demeaning comments, epithets, slurs or jokes;
3. Impeding or blocking movements in a sexually suggestive manner; and/or
4. Threats or insinuations of seeking sexual favors where if the favor is not granted, the person making the threat seeks reprisals by withholding support for promotions or conducts poor performance reviews.

Reporting of Sexual Harassment

Any student who feels he/she is a victim of sexual harassment by any instructor, administrator, supervisor, other employee, student, or any other person in connection with activities at the College should initiate the complaint by bringing the matter to the immediate attention of the appropriate department chair. The complaint can be done verbally (informal) or written (formal). The department chair, in turn must immediately report the complaint to the Provost/Vice President of Academic Affairs and Student Services. If the student is uncomfortable, for any reason, in bringing such matter to the attention of the department chair or if the student is unsure as to where the complaint is to be initiated, the student should immediately report the incident to the Provost/Vice President of Academic Affairs and Student Services. If no other person is available or deemed suitable by the student for receiving the complaint, the student may submit a complaint in writing to the President of the College. However, no student alleging such harassment must present the matter to the person who is the subject of the complaint. The Provost/Vice President of Academic Affairs and Student Services will begin an investigation after receipt of the student’s complaint. All reasonable action will be taken to assure the complainant and those testifying on behalf of the complainant will not suffer any form of retaliation as a result of their activities.

Sanctions

A student having been found to have engaged in and charged with sexual harassment against an employee of the College or another student is subject to the following sanctions:

1. Reprimand - This may take the form of a written and/or oral admonition from the Provost/Vice President Academic Affairs and Student Services.
2. Disciplinary probation - This indicates that further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one calendar year. The student shall be automatically removed from probation when the imposed period expires.
3. Suspension from the College - Suspension from the College prohibits, during the period of suspension, the student on whom it is imposed from being enrolled in or from registering for any credit or noncredit scholastic work at or through the College. Additionally, it prohibits the student from entering the College campus except in response to an official summons.
4. Not Eligible for Re-Admission - This penalty is equal to suspension or, in some cases, expulsion. This penalty may apply to persons not registered in the College at the time the penalty is imposed.
5. Expulsion from the College - Expulsion is permanent severance from the College.

False Report of Sexual Harassment

Any student who intentionally or maliciously files a false report of sexual harassment against another student or college employee is subject to

1. Reprimand - This may take the form of a written and/or oral admonition from the Provost/Vice President, Academic Affairs and Student Services.
2. Disciplinary probation - This indicates that further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one calendar year. The student shall be automatically removed from probation when the imposed period expires.
3. Suspension from the College - Suspension from the College prohibits, during the period of suspension, the student on whom it is imposed from being enrolled in or from registering for any credit or non-credit scholastic work at or through the College. Additionally, it prohibits the student from entering the College campus except in response to an official summons.
4. Not Eligible for Re-Admission - This penalty is equal to suspension, or in some cases expulsion. This penalty may apply to persons not registered in the College at the time the penalty is imposed.
5. Expulsion from the College - Expulsion is permanent severance from the College.

Student Welfare

Bullying

Temple College is committed to maintaining a welcoming and positive environment for all students. Bullying is prohibited. Retaliation against anyone involved in the complaint process is a violation of policy. Bullying occurs when a student or group of students engages in written or verbal expression, expression through electronic means, or physical conduct that occurs on College District property, at a College District-sponsored or College District-related activity, or in a vehicle operated by the College District 

For additional information, please see Board Policy at https://pol.tasb.org/PolicyOnline/PolicyDetails?key=161&code=FFE#localTabContent

TEMPLE COLLEGE

FFE(LOCAL)-AJC

LDU 2018.03

DATE ISSUED: 9/18/2018

Wellness and Health Services