Title IX & Equity

Board Policy 8.080

Board Policy 8.080 - Title IX & Equity

I. Notice of Nondiscrimination
Delta College does not discriminate on the basis of race, color, national origin, ethnicity, religion, sex (including gender identity or expression, sexual orientation, sex stereotypes, sex characteristics, pregnancy, childbirth, or a related condition), age, height, weight, familial status, marital status, military service, veteran status, genetic information, disability, or any other legally protected basis, and prohibits unlawful discrimination, including harassment and retaliation, in any education program or activity that it operates, including in admission and employment.

Any Delta College faculty member, employee, student or visitor who acts to deny, deprive, or limit the educational, employment, residential, social access, opportunities, and/or benefits of any member of the Delta College community on the basis of membership in a legally-protected classification is in violation of state and federal law and College Policy.

Any person may report unlawful discrimination (whether or not the person reporting is alleged to have experienced the conduct) in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinator/Equity Officer (below). A report may be made at any time (including during non-business hours). All Delta College faculty and employees (including student-employees), other than those deemed Confidential Employees (see applicable procedures), are Mandated Reporters and are expected to promptly report all known details of actual or perceived discrimination, harassment, and/or retaliation to the Title IX Coordinator/Equity Officer.

For a complete copy of the procedures or more information, please visit the webpage or contact the Title IX Coordinator/Equity Officer.

Title IX Coordinator/Equity Officer*
Allie Martinez
J101
Delta College
1961 Delta Road
University Center, MI 48710
989-686-9547
equityoffice@delta.edu

A person may also file a complaint with the appropriate federal, state, or local agency within the time frame required by law. Depending upon the nature of the complaint, the appropriate agency may be the U.S. Department of Education Office for Civil Rights (OCR), the Department of Justice, and/or another appropriate federal or state agency.

Office for Civil Rights (OCR)*
U.S. Department of Education
Cleveland Field Office
1350 Euclid Avenue, Suite 325
Cleveland, OH 44115
216-522-4970
OCR.Cleveland@ed.gov
www.ed.gov/ocr

Equal Employment Opportunity Commission (EEOC)*
Detroit Field Office
Patrick V. McNamara Building
477 Michigan Avenue
Room 865
Detroit, MI 48226
313-774-0020

*Revisions to the name and contact information and all applicable links will be made to this policy as necessary to ensure accuracy and access and do not require Board authorization. 

II. Scope

This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in the Delta College’s program or activities, including education and employment.

This Policy prohibits all forms of discrimination based on the protected characteristic(s) listed in the Notice of Nondiscrimination. The Title IX & Equity Procedures may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

III. Jurisdiction 

Within any Resolution Process related to this Policy, Delta College provides reasonable accommodations to persons with disabilities and religious accommodations, when that accommodation is consistent with federal and state law.

This Policy applies to Delta College’s education programs and activities (defined as including locations, events, or circumstances in which Delta College exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where Delta College has disciplinary authority, and to misconduct occurring within any building owned or controlled by Delta College.

This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to Delta College’s education program or activities.

IV. Prohibited Conduct

A. Discrimination

Discrimination prohibited by this policy consists of treating someone differently with respect to matters involving employment, education, or participation in College activities based on the protected characteristic(s) listed in the Notice of Nondiscrimination.  

In assessing whether given conduct is discriminatory under this policy, the College will consider whether the conduct adversely impacted an individual’s work or education environment and whether someone outside the protected class received more favorable treatment.  If it finds that an adverse impact on one’s work or education environment occurred, the College will consider whether a legitimate, non-discriminatory reason for the complained of action exists.

B. Harassment

Harassment prohibited by this policy is a form of discrimination consisting of unwelcome verbal, written, graphic or physical conduct that: (1) is directed at an individual or group of individuals on the basis of the individual or group of individuals’ actual or perceived membership in a protected class; and (2) is sufficiently severe or pervasive so as to interfere with an individual’s employment, education or academic environment or participation in College programs or activities; or, creates a working or learning that a reasonable person would find intimidating, offensive or hostile.

To constitute prohibited harassment, the conduct must be both objectively and subjectively harassing in nature.  Harassment may include, but is not limited to, verbal or physical assaults, threats, slurs, or derogatory or offensive comments that meet the definition set forth in this policy.  Harassment does not have to be targeted at a particular individual in order to create a harassing environment, nor must the conduct result in a tangible injury to be considered a violation of this policy. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved (e.g., supervisor and employee). 

C. Sex-Based and Other Offenses

Sex-based offenses are sex discrimination or harassment that occurs on the basis of sex, including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking. The Title IX Coordinator/Equity Officer will maintain a list of prohibited conduct and definitions of this conduct in the applicable procedures in accordance with the law.

V. Conduct not covered by this policy

Members of the College community should be aware that bullying or other uncivil and inappropriate conduct that is not based on membership in a protected class is not covered by this policy. Such conduct, however, may violate other College policies or standards of conduct and should be reported to the Conduct Officer (for students), the Human Resources Director (for employees), or to an individual’s supervisor.  The College reserves the right to process complaints under the applicable policy, if any, in the event that a complaint is made under this policy regarding conduct not covered by this policy.

In addition, the College deeply values free expression and academic freedom and is committed to ensuring both are protected.  However, while the College will consider academic freedom in the context of discrimination or harassment allegations involving an individual’s statements or speech in an academic context, discrimination, harassment, and retaliation are not protected expression and do not qualify as a proper exercise of academic freedom.  

 

Board Action 5556 – September 10, 2024