Legal Services

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against a "qualified individual with a disability" in all aspects of employments.  A disability is any physical or mental impairment that substantially limits one or more activities of daily living.  It also defines circumstances where employers are required to make "reasonable accommodations" for people with disabilities to perform the essential functions of their job.  Additionally, in accordance with Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, Delta College has pledged to provide equal access and equal opportunity to qualified students.

The Michigan Persons with Disabilities Civil Rights Act (PWDCRA) protects persons with disabilities in a similar manner as ADA.

Employees

When faced with an employee or applicant who may be disabled under ADA, it is important for managers to talk with the Director of Human Resources at 989-686-9042 about how to respond.

Students

The Office of Disability Resources is responsible for responding to accessibility issues and academic accommodation requests on behalf of the College.  The office serves both prospective and current students who have documented disabilities and who request resources on the basis of a disabling condition or characteristics.  Students may contact or be referred to the Director of Disability Resources at 989-686-9322.

Related resources

• • Americans with Disabilities Act
  • Americans with Disabilities Act Summary (PDF)
  • Michigan Persons with Disabilities Civil Rights Act (PWDCRA)
  • Delta College Disability Resources
  • What Managers Need to Know About the ADA (PDF)

Board Policy 7.002

Conflicts of interest will be avoided by all College employees, agents, and Trustees.  A conflict of interest exists where a person’s duties for the College are or can be compromised by the pursuit of the person’s other interests or where an appearance of such impropriety exists.  An employee who has such a conflict regarding job duties will bring it to the attention of his or her supervisor and will remove him or herself from the situation.  A person who has a conflict involving other duties, such as College governance duties, will bring it to the attention of the appropriate persons and will remove him or herself from the situation.  Any member of the Delta College community who believes there may be a conflict of interest situation must bring that situation to the attention of those involved.  Should there be doubt as to whether a person or entity is involved in a conflict of interest, an opinion must be sought from one of the following: the President or his/her designee, an appropriate Executive Staff member, or Dean.  If a conflict of interest is found to exist, the person or entity will remove themselves from the situation, or will be removed from the situation by the appropriate decision-maker.

Board Action 5378 – April 6, 2021
Board Action 4479 – April 12, 2005
Board Action 2031 – December 9, 1980

A contract is any agreement between the College and another party where there is a meeting of the minds, which is enforceable by law, whether or not it is titled "Contract," and whether or not it is in writing.  A contract includes any agreement made on behalf of the College in which legally enforceable commitments are made by or to the College.  Other terms that are sometimes used instead of contract include agreement, letter of agreement, letter of understanding, letter of engagement, memo of understanding, consortium operating agreement, etc.  It includes open-ended agreements which require the use of a specific vendor whenever a particular product or service is obtained or which set forth the terms which will apply if one party later decides to acquire the product or service of the other party.  It may also include verbal agreements, although the College discourages using verbal agreements.

A contractual commitment is only created by the issuance of a purchase order or the signing of a contract.  Only the President, Vice President of Business and Finance, and the Director of Business Services have the delegated authority to sign agreements on behalf of the College.  Departments and their employees are not authorized to sign contracts, whether or not a contract involves a commitment of funds.  Doing so can make the individually personally liable for all commitments, financial and otherwise, and subject the individual to disciplinary action.  Business Services assesses whether it is in the College's best interest to enter into an agreement by identifying terms and conditions that decrease the College's liability.  If you have questions about an agreement requiring a signature, please contact the Director of Business Services at 989-686-9228.

Business Services drafts, reviews and approves the terms and conditions of agreements entered into between Delta College and third parties in connection with the College's business and operations, including those related but not limited to:

• • Construction and capital improvements
  • Clinical affiliations, internships, work experiences, practicums
  • Equipment, service and supply purchasing contracts
  • Computer information technology agreements
    Service agreements, including a wide range of agreement for consulting and independent contractor services
  • Student group travel
  • Any agreements in connection with copyright, faculty or student affairs, real estate, etc.

Related resources

• • Business Services
  • Clinical Affiliations

By accessing College electronic information systems you assume personal responsibility for their appropriate use and agree to comply with all applicable College policies and procedures as well as external networks' policies and procedures, local, state, and federal laws and regulations.  You are solely responsible for your access and use and may not transfer or share your passwords or account except as expressly authorized in writing by the College's I.T. Contract Administrator at 989-686-9228.

Related resources

• • Electronic Resources Access and Usage Guidelines

Delta College's Equity Office is responsible for monitoring and ensuring that the College policies and programs are in compliance with federal and state statutory and regulatory requirements relating to Equal Opportunity and Equity issues.  Additionally, Delta College is committed to addressing discrimination complaints promptly, consistently, and fairly.  Any Delta College employee, applicant for employment, student, applicant for admission, or other participant in the College's programs or activities who believes discrimination has occurred on the basis of age, color, disability, national or ethnic origin, race, religion, sex, sexual orientation, or veteran status may file a complaint with the Equity Officer or the Director of Human Resources.

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, 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.

If you have additional questions, please contact the Equity Officer, at equityoffice@delta.edu or 989-686-9547, or the Director of Human Resources at 989-686-9042.

Related resources

• • Equity Office
  • Title IX

The Family Educational Rights and Privacy Act (FERPA) of 1974 as amended, was written to protect the privacy of educational records, to establish the rights 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.

Questions regarding FERPA should be directed to the Registrar at 989-686-9081.

Related resources

• • Registrar's Office/FERPA
  • FERPA

Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq.

It is the public policy of the State of Michigan that all persons (except those incarcerated) are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees.

The College's policy with respect to FOIA requests is to comply with State law in all respects and to respond to FOIA requests in a consistent, fair, and even-handed manner regardless of who makes such a request. These requests may also be referred to as Public Record Requests or Open Record Requests as terminology varies from state to state.

Pursuant to MCL 15.236, Andrea Ursuy is designated as the FOIA Coordinator. Please include the words “FOIA” or FOIA Request” in communication related to requests for public records and submit them to:

Andrea L. Ursuy
FOIA Coordinator, Delta College
1961 Delta Road
University Center, MI 48710
alnadols@delta.edu

Delta College has established the following written Procedures and Guidelines and Public Summary of FOIA Procedures and Guidelines to implement FOIA and explain how to understand a public body's written responses, deposit requirements, fee calculations, and avenues for challenge and appeal.

Related resources

• • FOIA Act summary
  • FOIA pamphlet
  • Delta College FOIA procedures, guidelines and forms

Delta College is committed to a work and learning environment within which all individuals are treated with respect and dignity.  The College prohibits discriminatory practices, including harassment, with the following policy:

Harassment is defined as unwelcomed conduct that unreasonably interferes with work or study, or creates an abusive, hostile, or offensive environment as defined by Michigan or Federal law.  The protections of this policy are available to all persons, including those defined by Board Policy 8.010.

Harassment is not acceptable at Delta College.  Delta College employees and students are individually responsible to promptly report any incidents of harassment, experienced or observed.  Complaints and concerns should be reported to an appropriate supervisor or college personnel in one of the following offices:  Academic, Equity, Human Resources, off-campus administration, Public Safety, or Student and Educational Services.

Related resources

• • Board Policy 8.010 - Title IX - Sexual Harassment Policy
  • Equity Office
  • Title IX

The Higher Education Opportunity Act (HEOA) requires institutions participating in federally funded financial aid programs to make information about the institution available to the public, current and prospective students, current and prospective student loan borrowers and current employees. Delta College is committed to promoting access to information that will allow consumers to make informed decisions about post-secondary education.

Related resources

• • Consumer Information
  • HEOA Summary

Personal Identifying Information (PII) is any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including but not limited to:  name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government issued passport number, employer or taxpayer identification number, student identification number, computer Internet Protocol address or routing code, credit card number or other credit card information.

Procedures to protect PPI include:

• • Lock computers when leaving unattended by pressing Ctrl/Alt/Delete and selecting "Lock Computer"
  • Do not provide your personal username/password to anyone
  • Do not leave username/password information in plain sight
  • Keep only the kinds of PII necessary for the job at hand
  • Keep office clear of papers containing PII
  • Limit access to PII to only those who have a business need to see such information
  • Do not give, sell or trade PII
  • Limit the removal of the College's portable computing devices and removable media from its premises and return them as soon as possible
  • Use extreme caution when opening e-mails and attachments.  They may contain viruses or other malicious code
  • Refrain from taking PII home
  • Refrain from emailing PII, even as an attachment
  • Refrain from storing PII on a laptop, smart phone, mobile device or desktop computer
  • Refrain from using 3rd party software to transmit files that contain PII

College employees and students have the right to participate in the political process.  However, because the College is funded in significant part by taxes and taxpayers do not have a choice whether or not to contribute to this funding, College resources may not be used to support advocacy on political issues.  Providing a forum for discussion of those issues is an element of the College's educational and public service missions; taking sides is not.  Michigan law prohibits the use of College resources for influencing the outcomes of elections. 

Lists of generally permitted and prohibited activities by employees are included below: 

Generally permitted activities, subject to College policies and procedures 

• • Non-partisan voter education and non-partisan voter registration
  • Candidate appearances
  • Use of institutional resources for establishing genuine curricular activities aimed at educating students with respect to the political process

Generally prohibited activities when using College resources

• • Endorsing, expressly or impliedly, a candidate for public office
  • Coordinating voter education activities with campaign events
  • Coordinating institutional fundraising for a candidate for public office or political party
  • Providing mailing lists or otherwise using College resources to support a candidate, campaign, political party, or the like
  • Providing hyperlinks to the web pages or other space on the College’s web site, of one or more candidates for public office
  • Use of College affiliation in connection with participation in the election process by faculty, administrators and other employees of the institution

Also, public statements, oral or written, by institutional officials in support of a candidate, political party or the like where there is risk that the statements would be perceived as endorsement by the institution is generally prohibited. 

The foregoing is neither exhaustive nor all-inclusive. Considerable judgment in the application of these principles is required. To determine whether your activity is permissible, please contact the Director of Business Services at  989-686-9228.

Related resources

• • American Council on Education (ACE): Campaign Related Activities

Delta College as a state approved retention and disposal schedule.

Related resources

• • Retention and disposal schedule (PDF)

The Michigan Right to Know Law was designed to inform employers and employees regarding hazards they may encounter on the job and how to protect themselves against exposure.  For the purpose of classroom instruction, a training video and documents are available.  These are offered as an educational resource to demonstrate the role of the Safety Data Sheet (SDS) in campus labs and the student's future workplace.

Employers must provide information to their employees about the hazardous chemicals to which they are exposed, through a hazard communication program, labels, and other forms of communication, safety data sheets, information and training.

Additionally, OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  Two significant changes contained in the revised standard require the use of new labeling elements and a standardized format for Safety Data Sheets.

Related resources

• • Materials Management
  • Safety Data Sheets

Risk Management works to identify areas of risk and potential liability and develop risk response strategies to mitigate loss and maximize opportunities.  They provide advice on risk-related matters and assist in identifying opportunities to reduce the College's total cost of risk.  Risk Management works with departments to identify various risks from people, assets, fiscal and strategic operations, apply appropriate risk management strategies, and enhance awareness of risks.

Related resources

• • Certificates of Liability Insurance
  • Materials Management

A student or employee of Delta College who suspects or knows of wrongful conduct by a Delta College employee should share questions, concerns, suggestions or complaints with a Delta College administrator who can address them properly.  "Wrongful conduct" is defined as a violation of federal, state, or local law or ordinance, or Delta College policies, rules or regulations.  In many cases the employee's supervisor or the assoicate dean of the division in which the student's concern arose is in the best position to address the issue. 

Related resources

• • Board Policy 8.003 - Whistleblower Reporting

The College may obtain a special license to serve alcohol on campus provided that such service is approved and meets the requirements of the Michigan State Liquor Laws. Contact Business Services at 989-686-9228, with plenty of lead time if you would like to request alcohol service at a special event.

Report immediately all incidents of actual or suspected compromise immediately to OIT or the HELP desk at 989-686-9575. If an unauthorized person may have accessed and acquired personal information (i.e., SS#, driver's license numbers, or financial information such as credit or debit card numbers in combination with the related security code), report the incident immediately.

Personal identifying information (PII) is any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including but not limited to:  name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government issued passport number, employer or taxpayer identification number, student identification number, computer Internet Protocol address or routing code, credit card number or other credit card information.

A contract is any agreement between the College and another party, whether verbal or written, which is enforceable by law, whether or not it is titled "Contract."  A contract includes any agreement made on behalf of the College in which legally enforceable commitments are made by or to the College.  Other terms that are sometimes used instead of "contract"  include agreement, letter of agreement, letter of understanding, letter of engagement, memo of understanding, consortium operating agreement, etc.  It includes open-ended agreements which require the use of a specific vendor whenever a particular product or service is obtained or which set forth the terms which will apply if one party later decides to acquire the product or services of the other party.  It may also include verbal agreements, although the College discourages using verbal agreements. For additional information on contracts, contact the Director of Business Services at 989-686-9228.

Fair Use is a mechanism that is used to balance the exclusive rights of the copyright holder against society's First Amendment interest in the free dissemination of knowledge and information. Generally stated, Fair Use permits the reasonable and limited use of copyrighted materials without obtaining the copyright owner's permission.

Copyright in the United States is determined exclusively by federal law. Copyright protects original works of authorship. A copyright comes into existence automatically and immediately upon the expression of one's creative work in a tangible medium of expression (for example: in writing; on tape or film; in a digital medium; a painting or sculpture; a computer program; etc.). No registration, copyright notice, or any other formalities are required; the author of an original, creative work automatically owns the copyright as soon as the work is set down in a tangible medium of expression. The question of who owns the copyright can become complicated, however. Sometimes the author and owner is the individual creator and sometimes not – for example, under the Copyright Act's work-for-hire provision, the employer is the author and owner of employee works created in the course and scope of their employment. 

At Delta College, reasonable accommodations for qualified employees with disabilities are handled through the Human Resources office 989-686-9107, and reasonable accommodations for qualified students with disabilities are handled through the Disability Resources office 989-686-9322. The College provides reasonable accommodations for qualified students and employees with disabilities if doing so does not pose an undue hardship. Each request for reasonable accommodation will be assessed on a case-by-case basis utilizing an interactive process between you and HR or Disability Resources. For additional information regarding accommodation requests, contact the Director of Human Resources at 989-686-9042, or the Manager of Disability Resources at 989-686-9322.

Unlawful discrimination is prohibited by the College. The College’s Equal Opportunity and non harassment policies and procedures state that students and employees are entitled to an educational and work environment free from all forms of unlawful discrimination, including harassment and retaliation. If you believe you are being discriminated against on the basis of your race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, height, weight, arrest record, veteran status, or other classification as required by applicable U.S. or Michigan law, you should contact the College’s Equity Officer, HR, or the Senate President, who will assist you in determining whether you wish to file a complaint and, if so, what the investigation process entails. There are time limits to filing complaints both internally and externally so you won’t want to delay.  If you are a student, you may contact the Vice President of Student and Educational Services 989-686-9339 or the College's Equity Officer 989-686-9247.

Because it is important to keep the charge allegations as confidential as possible, do not have discussions with others about the charge until you have spoken with your respective Vice President.  They will advise you on what steps, if any, to take next.  If you receive any calls from anyone about the EEOC or MDCR charge allegations, please refer those calls to your respective Vice President.

Yes. Gifts to the College are deductible from income for federal tax purposes, under Section 170 of the Internal Revenue Code. Contact the Foundation Office at 989-686-9224 for more information.

Electronic discovery involves electronic data that must be secured by employees responsible for such data. Once a lawsuit has been filed against the College (or a charge filed with an administrative agency), or if it is reasonably anticipated that a lawsuit may be brought (or a charge filed), the College and all of its faculty and staff members are now under a legal duty to preserve all evidence, whether hard copy or electronic, that might become relevant to the lawsuit.  "Discovery" is the process by which relevant information is exchanged between parties in a lawsuit, usually through the production of documents and the taking of depositions. Effective December 1, 2006, amendments to the Federal Rules of Civil Procedure expressly extend rules generally applicable to documentary discovery to electronic records.

The Michigan Freedom of Information Act (FOIA) enables individuals to obtain public records created by governmental entities, including Delta College, by submitting a written request.  At Delta College, such requests should be addressed to the designated FOIA Coordinator at 989-686-9222.

Please contact your respective Vice President or Executive Director if you have any questions about free speech and assembly.

The College’s Human Resources Department 989-686-9107, has a wealth of information to assist you in your new role. Contact Human Resources to get the advice you need to successfully grow in your leadership capacity.

Intellectual Property may include data, technical and other information, identifiers, works of authorship, inventions and discoveries subject to protection by any or all forms of patents, copyrights, tangible research property, trademarks, and trade secrets whether or not they were, are or will be so protected under state or federal statutory and common law, or corresponding international law.

Delta College does not employ general counsel, but instead retains outside counsel from experts in various areas of the law. College employees should not directly contact outside counsel concerning Delta College business or requests for legal advice. All requests should be directed to the Executive Staff (President, Vice President, or Executive Director) in your area who will then evaluate the need for external counsel, and, if approved, will initiate the request to the appropriate attorney. Additionally, any communication from external attorneys that are received by Delta College faculty or staff should be referred to their respective Executive Staff Member.  The College cannot provide legal services to employees or students on personal matters.

Yes. The College is a member of the Michigan Community College Risk Management Association (MCCRMA), which operates a program of insurance and self-insurance coverage for College employees. With limited exceptions, the MCCRMA coverage protects all officers, agents, employees and authorized volunteers of the College against liability for negligent acts and omissions while acting in an authorized capacity in the course and scope of employment and/or duties.  Please direct any questions related to Risk Management to the Risk Management Coordinator at 989-686-9209.

The Legal Services office is able to provide notary services for official college business.  A government issued identification card with photograph and signature is required for all notary public services offered by Delta College.  A student ID does not meet this requirement.  Please call 989-686-9204 to arrange for document notarization.

Peer-to-peer (also known as "P2P") file sharing is a term for a computer network protocol that allows individuals to obtain (download) and share (upload) with other computer users files that contain various types of content, e.g., software, publications, music, films, photos, etc. Commonly known peer-to-peer applications have included KaZaA, uTorrent, Vuze, FrostWire, Ares Galaxy, Morpheus, BitTorrent, iMesh, BearShare, Gnutella and Napster. Peer-to-peer file sharing violates copyright law unless the copyright holder has specifically given permission.

College employees and students have the right to participate in the political process. However, because the College is funded in significant part by taxes, and taxpayers do not have a choice whether or not to contribute to this funding, College resources may not be used to support advocacy on political issues. Providing a forum for discussion of those issues is an element of the College’s educational and public service missions; taking sides is not. Michigan law prohibits the use of College resources for the purpose of influencing the outcomes of elections.

There is a federal law called the Family Educational Rights and Privacy Act of 1974 (FERPA) that requires the College to protect the privacy of student records. FERPA generally requires the following: 1) College faculty and staff generally may not see a student's education records without first identifying a legitimate educational interest or one of the other exceptions under which records may be reviewed. 2) The student has a right to access and review his or her records.  3) All education records are confidential (except directory information in most cases) and may not be disclosed unless the student consents or the request fits one of the exceptions. Students’ FERPA rights are described in the on line Catalog in Section VI, under the heading "Records Access and Confidentiality."  4) A standard form for student consent to release of education records is available. For additional information, please contact the Registrar at 989-686-9449.

As a public institution, the College is subject to public oversight. One important means the Legislature has created to assure such oversight is the ability of the public to have access to College records and documents. All documents (whether paper or electronic) that relate to the official duties of College employees, including personnel records and e-mails,  are considered public records, subject to inspection by any member of the public, unless they are made confidential by law, or the public interest in open government is outweighed by considerations of personal privacy, business confidentiality, or because disclosure would have an important and harmful effect on the functioning of the institution. The Executive Director of Administrative Services and Institutional Effectiveness is the designated Freedom of Information Act Coordinator and any request for College records or documents should be referred immediately to the FOIA Coordinator 989-686-9222.

Only the President, Vice President of Business & Finance, and Director of Business Services are authorized to execute contracts and other written instruments.  In addition, the President may delegate his or her authority to execute contracts and other written instruments to appropriate College officials.  For additional information, contact the Director of Business Services at 989-686-9228.

You may not accept a subpoena on behalf of another person.  If you receive a subpoena related to official college business, whether in person or via mail, please notify your respective Vice President or Executive Director immediately, who will assist in  determining next steps.