2021 Annual Security Report
The Annual Security Report is prepared by University Police Services. This report, which was published in October 2021, contains statistics for the three most recent calendar years of 2018, 2019, and 2020.
Message from the Director
i Table of Contents Preparation and Disclosure of Crime Statistics .......................................................................................................... 1 University Police Services Authority and Jurisdiction ............................................................................................... 2 Interlocal Agreement .................................................................................................................................................. 2 Security and Access ................................................................................................................................................... 3 Monitoring of Criminal Activity of Off-campus Student Organizations ................................................................... 3 University Police Services Encourages the Accurate and Prompt Reporting of Criminal Offenses .......................... 3 Counselors and Confidential Reporting ..................................................................................................................... 4 Important Numbers to Know ..................................................................................................................................... 4 How to Report a Crime .............................................................................................................................................. 5 Daily Crime Log ........................................................................................................................................................ 5 Timely Warnings ....................................................................................................................................................... 6 Emergency Notifications ............................................................................................................................................ 7 Emergency Messaging System .................................................................................................................................. 8 Emergency Response and Evacuation Procedures ..................................................................................................... 9 Procedures for Testing Emergency Response and Evacuation Procedures ................................................................ 9 Security Awareness and Crime Prevention Services and Programs......................................................................... 10 Substance Abuse: Policy, Sanctions, Laws & Programs ......................................................................................... 11 Policy Against Unlawful Discrimination and Harassment; Complaint Procedure................................................ 14-46 Institutional Disciplinary Action & Procedures in the Case of Sexual Assault, Domestic Violence, Dating Violence, and Stalking ............................................................................................................................................................. 49 Bystander Intervention ............................................................................................................................................. 51 Where to File a Complaint ....................................................................................................................................... 52 Student Conduct ...................................................................................................................................................... 52 Faculty and Staff Conduct ........................................................................................................................................ 52 Classified Staff ........................................................................................................................................................ 53 Sexual Violence Prevention Education & Awareness Programs ............................................................................. 54 Public Information Regarding Sex Offenders .......................................................................................................... 54 Crime Statistics Report—Dandini Campus .............................................................................................................. 55 Crime Statistics Report—Meadowood Center ......................................................................................................... 57 Crime Statistics Report—William N Pennington Applied Technology Center ....................................................... 59 Crime Statistic Report—Redfield Campus .............................................................................................................. 61 **Note: Pages 14-46, The Policy Against Unlawful Discrimination and Harassment; Complaint Procedure, were updated after the initial publication.
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1 Preparation and Disclosure of Crime Statistics University Police Services prepares this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The report is prepared in cooperation with our partner law enforcement agencies surrounding our campuses, and the Office of Student Conduct. Each office provides updated information regarding their educational efforts and programs. Statistics contained within this report regarding campus crime, arrest, and disciplinary referrals include those reported to University Police Services, designated campus officials known as Campus Security Authorities, and local law enforcement agencies. Please note that while outside jurisdiction statistics are requested from all applicable agencies, not all of the agencies respond to the requests; however, all statistics that were reported are included in this report. Statistics are included in this Annual Security Report for all of the Truckee Meadows Community College (TMCC) campuses. Our branch campuses, William N. Pennington Applied Technology Center, Meadowood Center, and Redfield, follow the same policies except where otherwise noted and included in their respective sections. As of 2019, the N. J. Redfield Foundation Performing Arts Center is no longer recognized as a branch campus. Counseling services staff informs their clients of the procedures to report crime to University Police Services on a voluntary or confidential basis, should they feel it is in the best interest of their client. An e-mail notification is made to all enrolled students, faculty, and staff that provides direct website access to this report. The full text of this report can be located on our website at http:// www.unr.tmcc.edu/police. Anyone wishing to obtain a paper copy may do so at University Police Services Substation business office located in the Red Mountain building room 243 Monday—Friday 8:00 a.m. to 5:00 p.m. (excluding holidays on which college offices are closed). The website address for this report is also attached to employment applications obtained through the college’s employment website.
2 University Police Services Authority and Jurisdiction University Police Services is a fully functional law enforcement agency. University Police Services officers have full police powers; certified by the Nevada Peace Officer Standards and Training (POST) in accordance with the laws of the State of Nevada. Officers perform the same functions as their peers from city, county and state agencies—enforcing all local, state and federal laws and ordinances within the jurisdiction of the Nevada System of Higher Education (NSHE) properties in northern Nevada. University Police Services officers patrol NSHE properties 24 hours a day, 365 days a year. University Police Services officers have jurisdiction on the Truckee Meadows Community College main and branch campuses, the main University of Nevada, Reno campus, and all properties owned, operated, or governed by the university including affiliated Greek houses, Cooperative Extensions, various medical offices and other sites throughout the state; as well as Desert Research Institute Reno Campus. Effective July 1, 2019, University Police Services assumed responsibility for police services at Western Nevada College in Carson City, NV, including their branch campus’ in Fallon and Douglas, NV. As of June 30, 2017 University Police Services no longer has jurisdiction over the Medical District in Las Vegas. University of Nevada, Reno School of Medicine moved all operations to the main UNR campus located in Reno, NV. University Police Services works in cooperation with all regional law enforcement agencies through official agreements for mutual assistance. The department is linked to these agencies through the Reno Emergency Communications Center, which provides dispatch services for police and other emergency services in Washoe County. University Police Services also has the ability to share crime information through shared information systems. Interlocal Agreement University Police Services works closely with surrounding law enforcement agencies to include the Nevada Department of Public Safety, Washoe County Sheriff’s Office, Carson City Sheriff’s Office, Douglas County Sheriff’s Office, Sparks Police Department, Reno Police Department, and Washoe County School District Police Department. University Police Services maintains a memorandum of understanding (MOU) with each of these agencies giving University Police Services officers the ability to render aid and provide for mutual assistance between local law enforcement partners. The MOU allows for University Police Services officers to exercise their powers or authority on public and private property within the County of Washoe, including the City of Reno, the City of Sparks, and various other sites throughout northern Nevada. In accordance with the agreement, the Assistance Vice President & Director of University Police Services, or their designee, may request assistance from any of these agencies, in any law enforcement matter within the jurisdiction of University Police Services.
3 Security and Access Our campuses have over a dozen buildings comprising over 680,000 square feet. Providing security to the campus community is a continuous process of reevaluating exiting policies, facilities, and practices so that they conform to the changing needs of the community and reduce or eliminate hazards. To supplement the efforts of University Police Services, several committees and programs exist or are developed on an as-needed basis to evaluate existing practices, facilitates, and landscaping and make security recommendations. Working with staff, faculty and students, we strive to make TMCC a safe place in which to learn. TMCC has four locations throughout the greater Reno area. During the school year, our daily population of over 12,500 students, staff, and faculty makes us a small city in itself with its own crime problems. Campus buildings and facilities are accessible to members of the campus community as well as guests and visitors during normal business hours, Monday – Friday and limited hours on Saturdays. The campus is closed on Sundays and holidays. For information about access for a specific building, see the appropriate department head or contact facilities services. Buildings, facilities and landscaping are maintained in a manner designed to minimize hazardous conditions. University Police Services officers regularly patrol the campus and when necessary report malfunctioning lights or other unsafe physical conditions to facilities management authorities for correction. In addition, TMCC invites reports of physical hazards (for example, broken stairs, overgrown shrubs, or missing traffic sign) to Facilities Operations and Capital Planning. Monitoring of Criminal Activity of OffCampus Student Organizations Truckee Meadows Community College does not have any officially recognized student organizations with off-campus locations University Police Services Encourages the Accurate and Prompt Reporting of Criminal Offenses Students, faculty, staff and guests are encouraged to report all crimes and public safety related incidents to University Police Services as soon as possible. Faculty and staff are required to report crimes they become aware of through contact with members of the campus community. Crimes should be reported to University Police Services to ensure inclusion in the annual crime statistics and to aid in providing timely warning notices to the campus community when appropriate. Any suspicious activity or person should be reported to University Police Services. To report crimes or request officer assistance dial (775) 334-COPS (2677) (non-emergency dispatch), contact the Substation Business Office at (775) 6747900, dial 911 (emergencies only) or use the Blue Light telephones located in the parking lots and at various other locations around campus. Reports can be filed in person at the University Police Services substation station located in the Red Mountain building room 243 Monday—Friday 8:00 a.m. to 5:00 p.m. (excluding holidays and weekends when college offices are closed) or online at www.tmcc.edu/police.
4 Counselors and Confidential Reporting A professional counselor is defined as an employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. Counselors are encouraged to inform persons being counseled, when they deem it appropriate, of the procedures to report crimes on a voluntary basis for inclusion in the annual crime statistics. Professional counselors are not required to report any information about an incident to the Title IX office without the student’s permission. Truckee Meadows Community College does not currently offer pastoral counseling services. This policy is intended to make students aware of the various reporting and confidential disclosure options available to them so they can make informed choices about where to turn should they want to report a crime or act of sexual violence. Privileged and Confidential Reporting Options: Counseling Services: Red Mountain building room 325 (775) 673-7060 Crisis Call Hotline: 1-800-273-8255 Suicide Prevention Hotline 1-800-785-2433 Sexual Assault Support Services (775) 784-8090 Substance Abuse Helpline (775) 825-4357 Important Numbers to Know University Police Services Emergency: 911 Non-Emergency: (775) 334-COPS (2677) Substation Business Office: (775) 674-7900 University Police Services Headquarters: (775) 7844013 www.unr.edu/police Student Conduct (775) 673-7270
5 How to Report a Crime When reporting an emergency, crime or suspicious activity at the university, follow these steps: For Emergencies: Dial 911, Give your name and location (state specifically which institution you are at), Briefly describe the activity you are reporting, Request medical attention if needed, Remain calm and speak slowly, Stay on the phone until the dispatcher ends the call, If possible, give a description of the person (s) and vehicle involved, location or direction of travel and presence of weapons if known For non-emergency situations: Dial (775) 334–COPS (2677), call the Substation Business Office at (775) 674-7900 or use the online report form from the University Police Services web page at: www.unr.edu/police (Please note that online submissions are not monitored 24/7, so in the need of an immediate response please call. If you are uncomfortable reporting an incident to University Police Services, you may contact any Campus Security Authority. Campus Security Authorities (CSA) are individuals who are employed at, do business on, or volunteer at any College campus or sponsored event. Crime reports can be made to any CSA in confidence. CSA’s will only report to University Police Services for statistical purposes, that an incident occurred without revealing any personally identifying information. Disclosures by any CSA may not trigger an investigation into an incident against the reporting student’s wishes, except in certain circumstances that pose an immediate or ongoing threat to campus safety. Daily Crime Log A daily log of reported crimes is maintained by University Police Services records division in accordance with the Clery Act. The crime log includes the type of incident, reported date and time of occurrence and general location as well as the disposition of the incident, if this information is known. The crime log for the TMCC Main Campus is available online at http://www.unr.edu/police/dailycrime-log. The crime log can also be viewed by the public at the University Police Services Substation Office in the Red Mountain Building Monday— Friday 8:00 a.m. to 5:00 p.m. (excluding holidays on which college offices are closed). The crime logs for the TMCC Redfield Campus, TMCC Meadowood Center, and TMCC William N Pennington Applied Technology Center are also available online at http://www.unr.edu/police/dailycrime-log.
6 Timely Warnings A Timely Warning is an alert that is issued to the entire campus community whenever a crime covered by the Clery Act poses a serious or continuing threat to the students, employees, or visitors to any University of Nevada, Reno locations. Timely warnings are issued without delay as soon as enough pertinent information is available and extends to all University properties covered by the Clery Act. PROCEDURE Any Clery Act crime or situation which may present a potential threat to the campus community is communicated to the campus community as soon as possible. Reporting is to include campus buildings and facilities, non-campus buildings, property, and public property within or immediately adjacent to, and accessible from, the main campus. Properties may include buildings and/or property owned or controlled by student organizations that are officially recognized by the institutions or any building or property owned or controlled by the institution and used in direct support of, or in relation to, the institution's educational purposes. Reporting requirements include properties which are frequently used by students which may or may not be within contiguous geographic proximity to the main campus. The Assistant Vice President & Director of University Police Services or his/her designee may make the final determination of when a timely warning will be issued and disseminated, on a case by case basis. When a timely warning is issued, it is the responsibility of the Assistant Vice President & Director of University Police Services or in his absence by the on scene supervisor, to cause immediate notification to the representatives of the University President's Office, Vice President of Administration and Finance, the Student Services office, and Dispatch. Determining whether to issue a timely warning will be evaluated on a case-by-case, taking into account both the frequency of the offense and the likelihood of additional occurrence. The following officials are authorized to disseminate alerts: A. Assistant Vice President and Director of University Police Services B. Assistant Chief of University Police Services C. Lieutenants of University Police Services D. Clery Compliance Officer of University Police Services E. Truckee Meadows Community College, Office of the President F. Truckee Meadows Community College, Environmental Health and Safety Office G. Public Safety Dispatch Timely warnings will contain the phrase “Timely Warning Notification”, in the subject line. The body of the alert may include a short description of the crime or incident giving the time and date, location, reported offense, suspect description, weapon used (if any), and suspect vehicle (if any) and method of operation (MO) used to facilitate the crime. The alert may also include personal safety information to aid members of the university community in protecting themselves from becoming victims of a similar crime and promote overall safety. Methods of dissemination may include, but are not limited to, electronic distribution through mass email, text messaging, the department’s public safety radio station 1670 AM, outdoor notification system, posting of hard copies in public areas, posting on university and public safety web sites, voice mail recordings, campus monitors, reverse 911 and dissemination via local media outlets. If appropriate, status updates as to the resolution and/ or unfounded status of the crime or emergency situation will be similarly disseminated and updated as soon as possible. Reporting members of the community who know of a crime or other serious incident should report that incident as soon as possible to the University Police Services, so a determination can be made as to issuing an alert.
7 Emergency Notifications An Emergency Notification is an alert that may be issued whenever any significant emergency or dangerous situation poses an immediate threat to the health or safety of students or employees on the campus. This could overlap and include a Clery crime such as a shooting, but it also covers crimes not reportable under Clery as well as non-criminal incidents, such as an outbreak of a communicable illness, an impending weather emergency or a gas leak. Notifications are to be issued without delay upon confirmation of the emergency and may be tailored exclusively to the segment of the campus at risk. PROCEDURE Any crime or situation which may present a potential threat to the campus community is communicated to the campus community as soon as possible. Reporting is to include campus buildings and facilities, noncampus buildings, property, and public property within or immediately adjacent to, and accessible from, the main campus. Properties may include buildings and/or property owned or controlled by student organizations that are officially recognized by the institutions or any building or property owned or controlled by the institution and used in direct support of, or in relation to, the institution's educational purposes. Reporting requirements include properties which are frequently used by students which may or may not be within contiguous geographic proximity to the main campus. The Assistant Vice President & Director of University Police Services or his/her designee may make the final determination of when a Timely Warning or an emergency notification will be issued and disseminated, on a case by case basis. When an emergency notification is issued, it is the responsibility of the Assistant Vice President & Director of University Police Services or in his absence by the on scene supervisor, to cause immediate notification to the representatives of the University President's Office, Vice President of Administration and Finance, the Student Services office, and Dispatch. Determining whether to issue an Emergency Notification for non-Clery Act crimes will be evaluated on a case-by-case, taking into account both the frequency of the offense and the likelihood of additional occurrence. The following officials are authorized to disseminate alerts: A. Assistant Vice President and Director of University Police Services B. Assistant Chief of University Police Services C. Lieutenants of University Police Services D. Clery Compliance Officer of University Police Services E. Truckee Meadows Community College, Office of the President F. Truckee Meadows Community College, Environmental Health and Safety Office G. Public Safety Dispatch Emergency notifications may contain the phrase "Crime Alert" or "Emergency Notification", in the subject line. The body of the alert may include a short description of the crime or incident giving the time and date, location, reported offense, suspect description, weapon used (if any), and suspect vehicle (if any) and method of operation (MO) used to facilitate the crime. The alert may also include personal safety information to aid members of the university community in protecting themselves and promote overall safety.
8 Emergency Messaging System The College uses the Omnilert system to send mass messages to students, faculty, and staff during emergencies requiring immediate notification. The system provides faculty, staff and students with timely information and instructions during emergencies or other urgent situations that may directly affect their wellbeing. In an emergency, University Police Services or their designees, are authorized to activate the Omnilert system and determine the content of the message. When possible and consistent with TMCC policy, University Police Services will consult with the TMCC Marketing and Communications Office regarding the content of the message before distribution. Messages are sent by multiple methods to contact information listed in the College directory, as well as confidential contact information registered by users. The system can send simultaneous messages to the College community via text message, voice message and email. To update contact information students, faculty and staff should use the TMCC Emergency Alert System website at: www.tmcc.edu/police/emergency-alerts/. In the event of an emergency, the College will notify affected members of the campus community without delay, taking into account the safety of the community unless issuing a notification will, in the professional judgment of the Assistant Vice President & Director of University Police Services of their designees, compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. Notifications may be sent to specific groups of individuals if the emergency is isolated to specific campus locations. If you are not a current TMCC student, faculty or staff member, but wish to receive emergency communications, you may opt-in. Examples of other groups who may wish to participate include: Families of the E.L. Cord Child Care Center; Students and instructors of the Adult Basic Education program; Employees of on-campus retail establishments (Bookstore, Café); Campus volunteers; Concerned citizens; This system complements other TMCC communications including the TMCC homepage, Facebook and Twitter accounts and the recorded message telephone line at (775) 673-7111. University Police Services Honor Guard Methods of dissemination may include, but are not limited to, electronic distribution through mass email, text messaging, the department’s public safety radio station 1670 AM, outdoor notification system, posting of hard copies in public areas, posting on university and public safety web sites, voice mail recordings, campus monitors, reverse 911 and dissemination via local media outlets. If appropriate, status updates as to the resolution and/ or unfounded status of the crime or emergency situation will be similarly disseminated and updated as soon as possible.
9 Emergency Response and Evacuation Procedures TMCC’s emergency response and evacuation procedures are a collaborative effort between University Police Services and TMCC Environmental Health and Safety departments. University Police Services is a partner member of the Regional Emergency Operational Plan which includes all TMCC and NSHE properties. TMCC Environmental Health and Safety maintains and develops campus and building specific emergency evacuation plans for the College. University Police Services conducts training sessions, emergency exercises including tabletop exercises, field training exercises and tests the Omnilert system annually. In conjunction with Environmental Health & Safety, University Police Services evaluates emergency plans to assess the capabilities of the campus to respond to an emergency. Procedures for Testing Emergency Response and Evacuation Procedures Truckee Meadows Community College participates in emergency tests and evacuation drills throughout the year and conducts follow-through activities to assess and evaluate emergency procedures. Drills are conducted to prepare building occupants for an evacuation in the case of an actual emergency. University Police Services coordinates announced and unannounced drills to test various procedural operations. Methods of dissemination may include, but are not limited to, electronic distribution through mass email, text messaging, posting of hard copies in public areas, posting on college and public safety web sites, voice mail recordings, campus monitors, reverse 911 and dissemination via local media outlets. University Police Services monitors these drills in order to evaluate the response and prepare an after action report with information on systems that worked as assigned, systems that encountered problems and recommendations for improvement. Environmental Health & Safety conducts fire drills so that students, staff, and faculty can learn the locations of the emergency exits and fire evacuation procedures and identify the safe exits out of each building. EH&S monitors the drills in order to evaluate and assess the evacuation plans.
10 Education and Crime Prevention Services and Programs Crime Prevention University Police Services offers various personal safety, sexual assault prevention and crime prevention programs on a continual basis throughout the year. Police personnel facilitate programs for students, parents, faculty and new employees, student organizations, and community organizations. To sign up for programs, go to www.unr.edu/police/safetyand-training. Available programs include: Workplace Violence prevention, Active Shooter and Threat Assessment: Classes are offered by University Police Services Lieutenants and Threat Assessment Manger regarding warning signs, prevention methods, and steps that should be taken if employees find themselves in any of these types of situations. These classes are offered on an going basis through the calendar year. Women’s Self Defense Rape Aggression Defense (RAD) class is a physical defensive program for women. University Police Services has certified instructors who teach these proven and effective defense concepts. Girls on Guard, an alternative class to RAD, it is shorter but still includes both education and hands-on techniques for sexual assault prevention. Workplace Security Site Assessments Police Services will walk through a department office space or building to identify vulnerabilities, assist in creating an active threat plan, and discuss best practices for safety and security of the workplace. University Police Service provides consultation and crime prevention audits on request; may assist in developing department-specific emergency plans for evacuations, bomb threats, and criminal incidents; and may give crime prevention input in the planning process for new buildings, and in landscaping design and maintenance. Security Awareness Programs New Employee/Student Orientations: University Police Services provides informational presentations to new students and employees. Community Fairs: University Police Services provides information flyers, brochures and safety whistles to attendees. Emergency Plan: University Police Services works closely with community members to address all-risk emergencies. The plan includes 30 potential emergency response guidelines. Senior Leadership Training: University Police Services works closely with the President’s Crisis Action Team to provide Incident Command System, National Incident Management System, and threat response training.
11 Substance Abuse: Policy, Sanctions & Laws Truckee Meadows Community College believes that the unlawful possession or abuse of drugs and alcohol by students and employees presents multilevel risks to the individual, the learning environment and the College community as a whole. Substance abuse impedes the process of learning, teaching, personal development and the overall exercise of a person’s true talents and abilities. There are also serious criminal and disciplinary sanctions that can be imposed on students and employees, which will disrupt their studies or careers. TMCC provides this notice in compliance with federal law as part of TMCC’s program to prevent the possession, use, and distribution of illicit drugs and alcohol by students and employees. The information provided here includes campus rules and regulations pertaining to drugs and alcohol, possible health and social effects, the legal sanctions, and contact information for services and programs that can provide further information and assistance. Additionally, this notice informs students of the implications for eligibility of financial aid when students are convicted of possession or sale of illegal drugs. TMCC Policy and Sanctions TMCC strives to maintain communities and workplaces free from the illegal use, possession, or distribution of alcohol and other drugs. The manufacture, sale, distribution, dispensation, possession, or use of alcohol and controlled substances by College students and employees on College property, at official College functions, or on College business is prohibited except as permitted by law, College policy, and campus regulations. Students violating these policies are subject to disciplinary action, including suspension or dismissal from the College, and may be referred for criminal prosecution and/or required to participate in appropriate treatment programs. Employees violating these policies may be subject to corrective action, up to and including dismissal, under applicable College policies and labor contracts, and may be referred for criminal prosecution and/or required to participate in an Employee Support Program or appropriate treatment program. Loss of Financial Aid for Conviction Involving Possession/Sale of Illegal Drugs Drug convictions while enrolled as a student at TMCC may affect a student’s eligibility for federal student aid. “Drug convictions during a period of enrollment in which the student is receiving Title IV, HEA program funds, under any federal or state law involving the possession or sale of illegal drugs will result in the loss of eligibility for any Title IV, HEA grant, loan, or work-study assistance.” [HEA Sec. 484(r)(1); 20 U. S. C. 109®(1)]. Illegal Drugs TMCC is a drug free institution. Nevada state law and the Nevada System of Higher Education regulations prohibit the manufacture, distribution, possession or use of illegal or unauthorized drugs or drug paraphernalia on TMCC property or at a TMCC -sponsored activity. The possession or use of prescription drugs without a proper prescription is a crime in the State of Nevada. A student’s possession of a “medical marijuana card” or similar documentation supporting the use of illegal drugs will not excuse or permit the manufacture, distribution, or use of illegal or unauthorized drugs or drug paraphernalia on TMCC property or at a TMCC -sponsored activity. Violations of the law or NSHE regulations will result in disciplinary action for students and employees up to and including expulsion of students and/or termination of employment pursuant to Nevada state law, the TMCC Student Conduct Code and the NSHE Code, and referral for criminal prosecution. Nevada law requires TMCC to immediately terminate the employment of any employee who is convicted of violating a federal or state law prohibiting the sale of a controlled substance regardless of where the incident occurred. The term "controlled substance" means any drug defined as such under the regulations adopted pursuant to NRS 453.146. Many of these drugs have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana,
12 cocaine, PCP, and crack. They also include legal drugs which are not prescribed by a licensed physician. These violations are serious matters and can significantly impact education and employment. Alcohol TMCC does not permit possession of alcohol on its property except for limited situations. The legal age for drinking alcohol in the State of Nevada is 21 years of age. Moreover, alcohol abuse or excessive drinking by those of lawful age has become more prevalent with tragic cases reported of death or serious impairment. This includes the forced consumption of alcohol in conjunction with initiations or affiliation with any organization; TMCC prohibits any type of initiations requiring the consumption of alcohol. NSHE regulations allow the use or consumption of alcohol on TMCC property only in the following limited situations: Upon receipt of a timely advance application, the TMCC President may grant permission in writing for the sale or distribution of alcoholic beverages at a TMCC sponsored event (including student organizations) and guest organizations approved to use TMCC facilities. Such consideration will be based upon, but not limited to, such factors as number and ages of people in attendance, purpose of the event, supervision, security provisions, location, date and time of the function. The President’s decision to allow alcohol is discretionary, and the decision is final. No other TMCC officer, manager, or employee may approve the use of alcohol on campus or at a TMCC-related event/function. Alcohol procured and used in association with approved TMCC academic classes (e.g. culinary classes). Impairment in the Workplace or Classroom It is the policy of the State of Nevada to ensure that its employees do not report for work in an impaired condition resulting from the use of alcohol or illegal drugs, or consume alcohol or use illegal drugs while on duty (including driving a personal vehicle while on College business or driving a state vehicle). Alcohol and drug-abuse and the use of alcohol and drugs in the workplace are issues of concern to the State of Nevada. Any employee who appears to be in an impaired condition at work is subject to a screening test for alcohol or drugs, and disciplinary action up to and including termination of employment. Referral to an employee assistance program is also possible. Any State employee convicted of driving under the influence in violation of NRS 484.379 or any other offense for which driving under the influence is an element of the offense, and the offense occurred while driving a State vehicle or a private vehicle while on TMCC business, is subject to discipline up to and including termination. Any TMCC student who comes to campus in an impaired condition resulting from the use or consumption of alcohol, nonprescribed drugs or illegal drugs may be referred for discipline under the TMCC Student Conduct Code, especially if their impaired condition causes the student to act out in a particular manner.
13 Substance Abuse: Education, Prevention Programs, Assistance Services And Resources Campus Programs, Services and Resources The TMCC Drug and Alcohol Prevention Programs are focused on preventing and reducing alcohol, tobacco and other drugs issues in the student population, developing, managing and evaluating strategies to aid students in making informed decisions in these areas. TMCC Counseling and Career Services located in RDMT 325 offers a variety of free and confidential services that include: prevention, crisis intervention, assessments and evaluations, and treatment via oncampus services and/or community referrals. More information is available at www.tmcc.edu/ counseling/drug-and-alcohol-prevention/ or by calling 775-673-7060. The TMCC Employee Assistance Program (EAP) offers confidential, cost free assessment, intervention, consultation and referral services to all TMCC faculty, staff and their immediate families. More information is available at www.tmcc.edu/hr/ employee-benefits/employee-assistance-program/ or by calling 775-673-7168.
Sexual Assault, Domestic Violence, Dating Violence, and Stalking Defined & Procedures for Reporting Domestic Violence, Dating Violence, Sexual Assault and Stalking Truckee Meadows Community College is a diverse community committed to creating and maintaining a safe campus where all persons who participate in College programs and activities can work and learn together in an atmos-phere free of all forms of harassment, discrimination, or intimidation. Sexual harassment, sexual assault/ sexual misconduct, domestic violence, dating violence, and stalking are violations of College Policy. Truckee Meadows Community College will respond promptly to reports of sexual harassment, sexual assault/ sexual misconduct, domestic violence, dating violence and stalking. The College will take appropriate action to pre-vent, correct, and when necessary, to discipline conduct that violates Nevada System of Higher Education (NSHE) policy. Policy Against Unlawful Discrimination and Harassment; Complaint Procedure Introduction This policy is largely based on federal and state anti-discrimination laws and is divided into four subsections. Except as otherwise provided, Subsections A through C do not apply to “sexual harassment” under Title IX of the Education Amendments of 1972 (Title IX), the requirements and procedures of which are stated in Subsection D. Subsection A states the Nevada System of Higher Education (NSHE) policy against unlawful discrimination and unlawful harassment that does not constitute Title IX “sexual harassment” under Subsection D, specifies training requirements, and defines “consent.” Subsection B describes the remedies and interim measures that are available in cases of unlawful discrimination and unlawful harassment that does not constitute “sexual harassment” under Title IX. Subsection C contains the complaint and investigation procedures for complaints of unlawful discrimination and harassment that does not constitute Title IX “sexual harassment” under Subsection D and, when appropriate, instances where the institution has notice of possible unlawful discrimination and/or harassment. Subsection D sets forth NSHE’s sexual harassment policy under Title IX; defines “sexual harassment”; describes the remedies and supportive measures available in a sexual harassment case; and describes the requirements and procedures for a sexual harassment complaint, investigation, informal resolution, live hearing, and appeal. All of these procedures are in addition to disciplinary complaints brought against professional employees or students under Title 2, Chapter 6, Chapter 8 or Chapter 10 of the NSHE Code (or if applicable, institution student codes of conduct), or against classified employees under the Nevada Administrative Code Chapter 284 and/or Chapter 289 or Desert Research Institute Technologists under the Technologists Manual and/or any approved Collective Bargaining Agreement. However, information gathered as part of the complaint and/or investigation processes under this Section may be used in connection with disciplinary proceedings. 14
A. NSHE Policy Against Unlawful Discrimination and Harassment that Does Not Constitute Title IX Sexual Harassment 1. Policy Applicability and Sanctions NSHE is committed to providing a place of work and learning free of discrimination on the basis of a person’s age (40 or older), disability, whether actual or perceived by others (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion (protected classes). Discrimination on the basis of a protected class, including unlawful harassment, which is a form of discrimination, is illegal under federal and state law. Where unlawful discrimination is found to have occurred, NSHE will act to stop the unlawful discrimination, to prevent its recurrence, to remedy its effects, and to discipline those responsible. No employee, student, or other member of the campus community, either in the workplace or in the academic environment, should be subject to unlawful discrimination. It is expected that students, faculty and staff will treat one another and campus visitors with respect. All students, faculty, staff, and other members of the campus community are subject to this policy. Students, faculty, or staff who violate this policy are subject to discipline up to and including termination and/or expulsion, in accordance with the NSHE Code (or in the case of students, any applicable student code of conduct) or, in the case of classified employees and law enforcement personnel, the Nevada Administrative Code and/or any collective bargaining agreement or, in the case of Desert Research Institute (DRI) technologists, the Technologists Manual. Other lesser sanctions may be imposed, depending on the circumstances. Complaints may also be filed against visitors, consultants, independent contractors, volunteers, service providers and outside vendors whose conduct violates this policy, with a possible sanction of limiting access to institution facilities and other measures to protect the campus community. Any employee, student, or other member of the campus community may utilize any of the complaint processes set forth in this policy. 2. Distribution of Policy; Training on the Prevention of Unlawful Discrimination and Harassment; and Annual Policy Review a. Distribution of Policy Annually, all employees shall be given a copy of this anti-discrimination policy, which may be provided electronically, and each institution shall maintain documentation that each employee received the antidiscrimination policy. New employees shall be given a copy of this policy at the time of hire and each institution’s Human Resources Office shall maintain documentation that each new employee received the policy. Each institution shall provide this policy to its students at least annually and may do so electronically. Each institution shall include this policy and complaint procedure on its website and in its general catalog. 15
b. Training on the Prevention of Unlawful Discrimination and Harassment Each institution shall provide ongoing training on the prevention of unlawful discrimination and harassment and shall designate a person(s) or office to be responsible for such training. Institutions must provide new students and new employees primary prevention and awareness training that promotes awareness of rape, domestic violence, dating violence, sexual assault and stalking as defined in this policy. The training must address safe and positive options for bystander intervention to prevent harm, including how to intervene in risky situations; the recognition of abusive behavior; and how to avoid potential attacks. Within six (6) months after an employee is initially appointed to NSHE, the employee shall receive training regarding the prevention of unlawful discrimination and harassment, including primary prevention and awareness training. At least once every two years after the appointment, an employee shall receive training concerning the prevention of unlawful discrimination and harassment. Incoming freshmen and transfer students within their first semester of enrollment shall receive training regarding the prevention of unlawful discrimination and harassment, including primary prevention and awareness training. See also Special Training with Regard to Sexual Violence in Subsection C below. c. Annual Policy Review No later than the end of each academic calendar year, each institution’s Title IX Coordinator shall review and provide to NSHE suggestions for changes to this policy. NSHE shall review and consider the suggested changes and propose policy revisions to the Board of Regents, as appropriate, at the last regular Board meeting of the fiscal year. 3. Discriminatory Acts It is illegal to discriminate on the basis of age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion in any aspect of employment or education, such as: • Application, hiring, background checks, discipline, and firing; • compensation, assignment, or classification of employees; • transfer, promotion, layoff, or recall; • job advertisements; • recruitment; • testing; • grading; • acceptance or participation in an academic program or school activity; • use of employer’s facilities; • training programs; • fringe benefits; • pay, retirement plans, and disability accommodations or leave; or • other terms and conditions of employment. 16
Determining what constitutes unlawful discrimination under this policy will be accomplished on a case- by-case basis and depends upon the specific facts and the context in which the conduct occurs. Some conduct may be inappropriate, unprofessional, and/or subject to disciplinary action, but would not fall within the scope of unlawful discrimination. The specific action taken, if any, in a particular instance depends on the nature and gravity of the conduct reported and may include anti-discrimination related disciplinary processes. Discriminatory acts also include: • discrimination on the basis of a person’s age (40 or older), disability ( including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion; • retaliation against an individual for reporting an incident or filing a charge of unlawful discrimination, including unlawful harassment; participating in an investigation, hearing, or other related administrative process; or opposing discriminatory acts; • employment or education decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related condition), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race, color, or religion; and • “harassment,” which refers to unwelcome conduct that is based on a person’s age (40 or older), disability (including service-connected disabilities), gender (including pregnancy related conditions), military status or military obligations, sexual orientation, gender identity or expression, genetic information, national origin, race (including hair texture and protected hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists), color, or religion. Harassment becomes unlawful where: 1) enduring the offensive conduct becomes a condition of employment or educational pursuits, or 2) the conduct is severe, persistent, or pervasive enough to create a work or educational environment that a reasonable person would consider intimidating, hostile, offensive, or abusive. Examples of unwelcome conduct that, if severe, persistent, or pervasive could constitute harassment, include but are not limited to: slurs, jokes, graffiti, offensive or derogatory comments, or other verbal or physical conduct that is unwelcome. This behavior is unacceptable in the workplace and the academic environment. Even one incident, if it is sufficiently serious, may constitute unlawful discrimination. One incident, however, does not necessarily constitute unlawful discrimination. 4. Non-Title IX Sexual Harassment Defined Outside of the Title IX context, unwelcome sexual advances, requests for sexual favors, and/or other visual, verbal or physical conduct of a sexual or gender bias nature constitute sexual harassment when: a. In the educational environment: i. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic status (“quid pro quo”); or ii. Conduct, viewed under an objective standard, is sufficiently severe, persistent or pervasive so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities or opportunities offered by the institution (“hostile environment”). 17
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